Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter.
ALCOHOL has the same meaning as set forth in Cal. Bus. & Prof. Code § 23003.
ALCOHOLIC BEVERAGE has the same meaning as set forth in Cal. Bus. & Prof. Code §23004.
CONTROLLED SUBSTANCE means any drug, substance, or immediate precursor, as listed in the Uniform Controlled Substances Act (Cal. Health & Safety Code §§ 11000, et seq.).
ILLEGAL DRUG ACTIVITY means a violation of any of the provisions of Cal. Health & Safety Code, Chapter 6 (commencing with § 11350) or Chapter 6.5 (commencing with §11400), and any successor statute or regulation.
MINOR means any person under the age of 18.
PREMISES means any unimproved or improved real property, including, without limitation, dwelling units, rental units, garage facilities, streets, alleyways, stairwells, elevators, and, as the context permits or requires, any public or private property which abuts any of such areas.
RENTAL UNIT includes:
(1) Any dwelling unit as defined in this Code, including, without limitation, any single- and multi-family residence, duplex, or condominium located in the city;
(2) Any hotel or motel room;
(3) Any assembly hall;
(4) Any mobile home, whether rent is paid for the mobile home, the land upon which the mobile home is located, or both; and
(5) Any recreational vehicle, as defined in Cal. Civ. Code § 799.24, if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreation vehicle, the land upon which it is located, or both.
RESPONSE COSTS means the cost associated with responses by law enforcement, fire, and other public services (for example, and not limitation, public works or building safety) to unruly gatherings including, without limitation:
(1) Salaries and benefits of personnel for the amount of time spent responding to, remaining at, or otherwise addressing unruly gatherings and the administrative costs attributable to such response(s);
(2) The cost of any medical treatment to or for any personnel injured responding to, remaining at or leaving an unruly gathering;
(3) The cost of repairing any city equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at or leaving unruly gatherings; and
(4) Any other costs recoverable in compliance with Cal. Civ. Code § 1714.9.
RESPONSIBLE PERSON means any person owning, leasing, maintaining, or otherwise controlling a premises including, without limitation, the agent or representative of a person with possessory interest in a premises who organizes, supervises, officiates, conducts, or controls unruly gatherings. A responsible person need not be present at unruly gatherings in order to be liable for response costs as set forth in this chapter. Prior knowledge of unruly gatherings is not required for a finding that an individual is a responsible person. This chapter applies to a
responsible person whether or not that person paid compensation for use of a premises.
UNRULY GATHERING means any activity involving two or more persons on a premises which includes any of the following and interferes with the comfortable enjoyment of life, public or private property, or public safety:
(1) Violations of this Code with regard to noise;
(2) Interference with the normal flow of pedestrian or vehicle traffic in violation of this Code or other applicable law;
(3) Curfew violations of this Code by minors;
(4) Consumption of alcohol and alcoholic beverages in violation of this Code or other applicable law including, without limitation, consumption of alcoholic beverages by minors or individuals younger than 21 years; or
(5) Illegal drug activity or use of controlled substances in violation of any applicable law.
(Ord. 1163, passed 8-7-06)