City of American Canyon Law Library
City of American Canyon Municipal Code.

Title 9 PUBLIC PEACE, MORALS AND WELFARE

Chapter 9.04 NEIGHBORHOOD PRESERVATION

9.04.010 Findings and determination.

The city council finds and determines that the restrictions in this chapter are necessary to promote the health, safety and general welfare of the public; to protect the integrity and character of residential neighborhoods and districts; to protect the appearance of the Highway 29 corridor; to prevent the devaluation of property values; and, to enhance and protect the livability, social and economic conditions of the city.

9.04.020 Declaration of public nuisances.

(A) Any property, building or other improvements found to be maintained in violation of any one or more of the provisions of Section 9.04.040 of this chapter is declared to constitute a public nuisance and shall be abated by rehabilitation, repair, removal or demolition pursuant to the procedures set forth in this chapter.

(B) Any property, building, or other improvement found to be maintained in such condition as to constitute a public nuisance as defined anywhere in this code, the statutes of the state of California or in the common law is declared to constitute a public nuisance subject to abatement under the procedures in this chapter.

9.04.030 Chapter not exclusive.

(A) This chapter does not exclusively regulate the conditions and use of property within the city. This chapter shall supplement and be in addition to other provisions of this code and to other statutes, ordinances or regulations existing or subsequently enacted by the city, the state or any other legal entity or agency having jurisdiction.

(B) The procedures for abatement set forth in this chapter are not exclusive and are in addition to any other provisions provided in this code or by state law for the abatement of public nuisances.

9.04.040 Classification of nuisances.

It is unlawful for any person owning, leasing, occupying, or having charge or possession of any property in the city to maintain or permit such property to be maintained in such a manner that any of the following conditions are found to exist thereon and to be of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to have a tendency to degrade the appearance and property values of surrounding property or to cause damage to public rights-of-way:

(A) Property Conditions.

(1) Overgrown, diseased, dead or decayed trees, weeds or other vegetation which:

(a) Constitute a fire hazard or a condition considered dangerous to the public health, safety and general welfare due to a variety of factors, including, but not limited to, impairment of vehicular traffic or obstruction of vehicular line of site or the ability to clearly observe safety signs and signals,

(b) Are likely to harbor rats, vermin or other pests. This provision identifies conditions which may be deemed to constitute a nuisance within portions of the city that are partially or fully developed because of the potential to adversely affect the public health, safety and welfare and to degrade the appearance and property values of surrounding property. Due to the diminished potential for such adverse effects, such condition would not constitute a nuisance when existing on grazing lands or large undeveloped parcels except when such conditions exist on properties immediately adjacent to developed property. American Canyon fire protection district standards for weed abatement continue to apply to property city-wide;

(2) Accumulations of debris, rubbish and trash in the front or side yard areas visible from the public right-of-way or which constitute a health or fire hazard;

(3) Storage, as to be visible at ground level from a public street or adjoining property for unreasonable periods or as a part of a continuing practice, any of the following:

(a) Abandoned, inoperative, wrecked or dismantled motor vehicles of any kind, and abandoned, inoperative, wrecked or dismantled trailers, campers or boats,

(b) Broken or discarded household furnishings and fixtures, appliances, boxes and cartons, play equipment, toys and similar materials,

(c) Discarded, wrecked or inoperable machinery and tools,

(d) Salvage materials, scrap metal or building and construction materials, including, but not limited to, dirt, sand, gravel, concrete, tile, rocks, bricks, and similar materials except when associated with agricultural uses or ongoing landscape projects;

(4) Garbage or trash cans which cause offensive odors to neighbors or containers stored in front or side yards, which are visible from public streets unless all of the following conditions exist: a) The garbage/trash container(s) are stored within a defined area that is maintained in a neat and orderly condition, b) all trash is stored completely within a designated container, the container is covered, and no trash has spilled over or has fallen on the ground in the immediately surrounding area, and c) the trash cans/containers are stored behind the front wall plane of the dwelling;

(5) Conditions which, due to their accessibility to the public, may prove hazardous or dangerous, including, but not limited to:

(a) Unused and/or broken equipment such as ice boxes and refrigerators,

(b) Abandoned wells, shafts or basements,

(c) Hazardous or unprotected pools, pits, ponds or excavations,

(d) Machinery which is inadequately secured or protected,

(e) Accumulations of lumber, refuse and waste matter, or discarded materials, including, but not limited to, building and construction materials;

(6) Parking or storing construction equipment or machinery except during excavation, construction or demolition operations conducted pursuant to a building or grading permit or when associated with ongoing agricultural/noncommercial landscaping activities;

(7) Parking of any motor vehicle, including a recreational vehicle, trailer, camper or boat on lawns or other landscaped areas within portions of the property visible from a public street where such areas are not paved or otherwise surfaced to allow parking. Allowable surface materials may include gravel, brick, grasscrete, concrete pavers, or similar materials that define the parking area and minimize erosion potential;

(8) Parking of any motor vehicle, including a recreational vehicle, trailer, camper or boat on property adjacent to Highway 29 for the purpose of offering the same for sale to the general public where a "for sale" or similar sign is displayed on or in the vehicle, trailer, camper or boat which is visible to traffic on Highway 29 and constitutes or tends to constitute a traffic safety hazard or an unsightly appearance;

(9) Smoking in any dwelling unit of a multi-unit residence and any common area of a multi-unit residence.

(i) "Smoke" or "smoking" "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking includes carrying or using an activated electronic delivery device. Smoking does not include the use of traditional, sacred tobacco as part of an Indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice.

(ii) "Common area of multi-unit residence" means any enclosed area or unenclosed area that may be used by more than the residents of a single unit or room, including but not limited to shared lobbies, courtyards, lounges, hallways, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, living and dining areas, kitchens, bathrooms, laundry rooms, lobbies, waiting rooms, and television rooms.

(iii) "Dwelling Unit" means one or more rooms designed for residential use by a single household that contain cooking, living, sanitary, and sleeping facilities and that are physically separated from any other rooms or dwelling units that may be in the same structure. "Dwelling Unit" for purposes of smoking prohibition does not encompass hotels, motels, dormitories, campgrounds, rented single family housing, and manufactured housing parks.

(iv) "Multiunit Residence" means a building or portion thereof designed or used for residential occupancy by two or more households in separate dwelling units.

(B) Structural Conditions. Structures or buildings, both permanent and temporary, or other improvements, including, but not limited to walls and fences, which are subject to any of the following conditions:

(1) Are structurally unsafe, either entirely or in part;

(2) Constitute a fire hazard;

(3) Have a faulty weather protection, including but not limited to crumbling, cracked, missing broken or loose exterior plaster or other siding, roofs, foundations or floors (including lack of paint or other protective finish), broken or missing windows or doors;

(4) Have dry rot or warped materials, or are infested with termites;

(5) Are abandoned, partially destroyed or left unreasonably in a state of partial construction. State of partial construction means building and structures which are partially constructed when the building permit for such construction has expired;

(6) Are unoccupied and have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements;

(7) Have exterior walls, fences, driveways or sidewalks which are in hazardous condition, hinder free access to public sidewalks or are in a state of disrepair as to be unsightly.

9.04.050 Inspection.

(A) Authorized Representatives. The city manager and the community development director or their designated representatives are authorized to make inspections and take such actions as may be required by this chapter to abate public nuisances.

(B) Inspection of Premises. Whenever there is a reasonable cause to believe that a condition, activity or use of property exists which constitutes a public nuisance, the city manager or community development director or a designated representative may seek to enter the premises at a reasonable time for the purpose of inspection. If the premises are occupied, entry shall be requested and proper credentials shall be presented. If the premises are unoccupied, a reasonable effort shall be made to locate the property owner. If entry is refused or if the property cannot be located, a twenty-four written notice of intent to inspect shall be left at the premises. The notice shall state that the property owner or occupant of the property has the right to refuse entry and if such entry is refused, the city may seek assistance from a court of competent jurisdiction to obtain entry to inspect the premises.

9.04.060 Summary abatement of immediate dangers.

Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, the city manager or designee may order, without notice or judicial action, the immediate abatement of the public nuisance. The expense of such abatement shall be collectible as provided in this chapter.

9.04.070 Notice to abate public nuisance.

(A) Contents of Notice. Whenever the city manager or the community development director or designee finds that a nuisance, as declared in Section 9.04.030, exists on any property located within the city, the owner and any tenant or occupant or other person having charge or possession of the property shall receive a written notice. The notice shall:

(1) Describe the property sufficient to identify the location of the public nuisance;

(2) Identify the nuisance and reference the section(s) of this code that have been violated;

(3) Direct abatement of the nuisance by a specified date;

(4) State the available methods of abatement;

(5) Contain a statement of the hearing rights of the owner or occupant of the property on which any public nuisance is located; and

(6) Indicate that if no request for hearing is made or that if after a hearing an order of abatement is issued, and the nuisance is not properly abated, then the city may abate the nuisance and charge the expenses as a personal obligation and/or a special assessment or lien against the property.

The amount of time allowed to abate a nuisance shall be determined by considering the severity of nuisance and its effect on the health, safety, welfare and aesthetics of the community.

(B) Service of Notice. A notice to abate shall be mailed, by registered or certified mail, to the owner and occupant of property, or shall be served upon the owner or occupant in person. The notification shall be sent to the owner at the address appearing on the latest tax assessment roll and if there is no such address, then in care of the property address. In addition to personal service or service by registered or certified mail, notice to abate shall be posted on two conspicuous places on the affected property attested to by affidavit of city official Service shall be deemed complete at the time the notice is personally served or deposited in the mail with the correct amount of postage affixed and is posted on the affected property as described. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken pursuant to this chapter.

(C) Property Owner Definition. The term "property owner" or "owner" as used in this chapter, shall mean the owner or owners of record of real property as shown on the last Napa County equalized assessment roll or supplemental roll, whichever is more current.

9.04.080 Request for hearing.

The city council shall hold a public hearing to determine that a public nuisance exists upon the written request of the owner or occupant of the property for which a notice to abate has been issued. The request shall be made to the city clerk within ten days from the date of personal service or within fifteen days from the date of mailing of the notice to abate. The request for hearing shall state the grounds upon which the hearing is requested. The matter shall be scheduled for hearing and the city clerk shall notify the owner or occupant requesting the hearing of the same, not less than five days prior to such hearing, unless such notice is waived in writing by the person requesting the hearing.

9.04.090 Hearing by the city council.

At the time and place stated in the notice of public hearing, the city council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, occupants, witnesses, city personnel and interested persons relative to the alleged public nuisance and to the proposed abatement measures. The hearing may be continued from time to time.

9.04.100 Decision of the city council.

(A) Following the public hearing, the city council shall consider all evidence and determine whether the property, or any part of the property, constitutes a public nuisance as alleged. If the city council finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the city council shall prepare a statement of findings and an order, which shall specify the nature of the nuisance, and order the owner or other person having charge or control of the premises to abate the nuisance, the method of abatement and the time within which the work shall be commenced and completed.

(B) A copy of the statement of findings and order shall be served on the property owner and any occupant in the manner provided in Section 9.04.110.

9.04.110 Limitation on filing judicial action.

Action to review the city council statement of findings and order shall be commenced within thirty days of the date of service of the statement of findings and order and the same shall contain the statement advising of this time limit on seeking court review. After the expiration of thirty days from the date of service of the statement of findings and order, all objections to the decision shall be deemed waived.

9.04.120 Abatement by property owner.

The property owner, or person having charge or control of the property, may at their own expense abate the nuisance as prescribed by the notice to abate or the order of the city council, if any, prior to the expiration of the abatement period set forth in the notice or the order. If and when an owner or occupant undertakes to abate any such nuisance, the community development director or designated representative may impose such conditions as are necessary to protect the public health, safety and welfare. Any necessary permits and/or approvals shall be obtained by the owner or occupant. After the property has been inspected by the community development director or designated representative, and the nuisance has been fully abated in accordance with the notice to abate or order, the proceedings shall terminate. The city manager or the community development director or designated representative may extend the abatement period specified in the notice to abate or any order to abate upon a showing of good cause.

9.04.130 Abatement by the city.

(A) Failure to Abate. If a declared nuisance is not completely abated by the owner or person having charge or control of the property within the time prescribed in the notice to abate or after a public hearing, in the city council order, if any, the city manager or designee shall cause the same to be abated by city employees or private contract. The city manager or designated representative is expressly authorized to enter upon the property for the purpose of abating the nuisance.

(B) Abatement of Motor Vehicles. Abatement of any motor vehicle registered or subject to registration with the Department of Motor Vehicles shall be carried out in conformance with the provisions of the Vehicle Code and Ordinance No. 92-19 of the city establishing the American Canyon traffic code and any amendments thereto.

(C) Cost of Abatement Constitute Civil Debt. Upon the abatement of the public nuisance, or any portion thereof, by the city, all the costs, including incidental expenses shall be a civil debt owing to the city jointly and severally by the persons who have been given notice as provided in this chapter, except for any persons which the city council concludes pursuant to proof at the hearing to confirm the costs of abatement are not persons properly charged with responsibility of abatement. The costs shall be billed to the owner or occupant and shall be collectible in the same manner as any other civil debt owing the city.

9.04.140 Record of cost of abatement notice and hearing to confirm.

(A) The city manager or designee shall keep an account of the costs, including incidental expenses, of abating such public nuisance on each separate lot or parcel of land where the work is done by the city and shall render an itemized report in writing to the city council showing the cost of abatement, including the rehabilitation, demolition or repair of said property, including any salvage value relating thereto; provided that before said report is submitted to the city council, a copy of the same together with a notice of the time when said report shall be heard by the city council for confirmation, shall be served upon the owner of the property in accordance with the provisions of Section 9.04.070 of this chapter at least ten days prior to submitting the same to the city council. Proof of said service shall be made by affidavit filed with the city clerk.

(B) At the time fixed for hearing, the city council shall consider the correctness or reasonableness of the costs included in the accounting together with any protests or objections as may be offered against it, and shall correct, modify or amend the same, after which, by motion, the accounting as submitted, corrected, modified or amended shall be confirmed. The hearing may be continued from time to time.

(C) The term "incidental expenses" means and includes, but is not limited to, the personnel costs, both direct and indirect, including attorneys' fees, costs incurred in documenting the nuisance, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.

9.04.150 Assessment lien.

(A) The total cost for abating such nuisance, as confirmed, by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

(B) After such confirmation and recordation, a certified copy of the city council's decision confirming the abatement costs shall be filed with the Napa County auditor-controller on or before August 1st each year, whereupon, it shall be the duty of the county auditor-controller to add the amounts of the respective assessments to the next regular tax bill levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessments.

(C) In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

9.04.160 Nuisance abatement lien.

As an alternative to the assessment lien procedure contained in Section 9.04.150 the total cost for abating such nuisance, as confirmed by the city council, may be collected pursuant to the procedures set forth in Government Code Section 38773.1 as a nuisance abatement lien.

(A) Prior to the recordation of any nuisance abatement lien, the city shall provide notice of the same to the owner of record of the parcel or lot on which the nuisance is maintained as shown on the last equalized assessment roll or the supplemental roll, whichever is more current.

(B) The notice shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county of Napa pursuant to Government Code Section 6062.

(C) The notice of nuisance abatement lien shall specify the amount of the lien, that the city is the agency on whose behalf the lien is imposed, the date the notice to abate was served or the date on which the city council issued its order to abate, if any, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.

(D) After recordation of the nuisance abatement lien, the city may foreclose the lien by an action brought by the city for a money judgment.

9.04.170 Alternative actions available.

(A) Nothing in this chapter shall be deemed to prevent the city council or the city manager from ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceedings as set forth in this chapter.

(B) Pursuant to Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period finding that property owner is responsible for a public nuisance subject to abatement pursuant to this chapter, the city shall be entitled to an order of the court requiring the owner to pay treble the costs of the abatement.

9.04.180 Violations—Penalties.

(A) The owner or other person having charge or control of any property, building or structure who maintains any condition described as a public nuisance in Section 9.04.040 or who fails to abate a nuisance within the time periods specified in a notice to abate or any city council order to abate is guilty of an infraction pursuant to Section 1.24.010 of this code.

(B) Any occupant or person in possession of any such building or structure who fails to vacate such building or structure in accordance with an order given pursuant to this chapter is guilty of an infraction pursuant to Section 1.24.010 of this code.

(C) Any person who obstructs, impedes or interferes with any authorized representative or agent of the city or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished, or with any person to whom such building has been lawfully sold pursuant to the provision of this code whenever any such person is engaged in proceedings involving the abatement of a nuisance is guilty of an infraction pursuant to Section 1.24.010 of this code.

(D) Section 1.24.010 provides that each day of violation constitutes a separate offense and may be separately punished and that fourth and subsequent violations may be prosecuted as a misdemeanor.

(E) Section 9.12.030 provides the penalty for any violation of any provision of this chapter.

Chapter 9.06 UNRULY GATHERINGS

9.06.010 Purpose and application.

The purposes of this chapter are:

(A) To assist law enforcement officers in controlling unruly gatherings;

(B) To defray the cost of providing an emergency response during a second call to such gatherings; and

(C) To deter noisy or dangerous gatherings which are disturbing the public peace.

(D) This chapter shall have no application to assemblies, meetings, gatherings, demonstrations or marches supporting or espousing political, social, ethical, religious or other causes or beliefs, the expression of which is entitled to protection under the United States or State Constitution.

9.06.020 Definitions.

For purposes of this chapter the following words or phrases shall be defined as:

(A) An "unruly gathering" is a noisy or dangerous gathering of two or more persons which is disturbing the public peace.

(B) A "second call to an unruly gathering" is a second on-site visit to the premises by law enforcement officers which occurs after the initial response has been made to advise the person apparently in charge, or other person as provided in Section 9.06.060 of this chapter, that the gathering is unruly and informing such person of his or her liability under this section. Additional visits to the premises regarding the same unruly gathering shall be deemed second calls for the purpose of this section.

9.06.030 Emergency response charges.

Whenever law enforcement officers respond for a second time to an unruly individual or gathering after responding within the previous thirty calendar days to an unruly individual or gathering, the law enforcement personnel making the second call are deemed to be providing special emergency security services the cost of which, shall be charged to the individual or individual responsible for the unruly individual or gathering as provided in this chapter.

9.06.040 Calculation of charges.

The charge for providing such services during a second call to an unruly gathering shall be based on the hourly pay and benefit rates plus the established city administrative fee. The charge shall also include the cost of providing equipment and repairing or replacing damaged equipment. The charge for each call shall be the cost of providing the services, but no less than on hundred dollars nor more than five hundred dollars plus the cost of actual damage to city property. Additional calls to the same gathering shall be separately charged. The city council may approve a higher charge for a call if it is determined that additional costs were incurred.

9.06.050 Collection of charges.

The person or persons in charge of the unruly gathering, and if occurring on private property, the person or persons in charge of the property, shall be jointly and severally liable for the cost of providing the special emergency security services. The sheriff, or his designee, shall determine charges for a second call and bill the parties who are liable. Payment shall be within thirty days of mailing of the bill to the parties.

9.06.060 Mandatory warnings.

No person shall be liable for charges unless such person has been informed of their potential liability by a sheriff's deputy during the first call. The sheriff's department shall prepare a written document warning of potential liability under this chapter and during the first call to provide a copy thereof to each such person.

9.06.070 Additional emergency response charges.

Whenever a law enforcement officer responds for a second time to an unruly individual or gathering, notwithstanding the time limitation of Section 9.06.030 of this chapter, if there has been a conviction of disturbance of the public peace under this code or Penal Code Section 415, within one calendar year of the second response then the cost of providing such services, which are deemed to be special security services, shall be charged to the individual or individuals causing the disturbance or the individual or individuals responsible for the individual or gathering as provided in this chapter.

9.06.080 Other remedies.

The foregoing charges are cumulative and shall not limit or replace other remedies or penalties, civil or criminal.

9.06.090 Charge against persons liable—Minors.

If the person liable is a minor, the parents or guardian of the minor shall be responsible.

Chapter 9.07 SOCIAL HOST ACCOUNTABILITY

9.07.010 Title.

This chapter shall be known as the "Social Host Accountability Ordinance."

9.07.020 Legislative purpose.

The purposes of this chapter are to:

(A) Protect the public health, safety and general welfare;

(B) Promote the reduction of underage drinking by imposing a civil fine on persons responsible for a party, gathering or event where alcoholic beverages are consumed by, served to or in the possession or control of underage persons;

(C) Facilitate the enforcement of laws prohibiting the service to, consumption of or possession or control of alcoholic beverages by underage persons; and

(D) To offset the city's costs associated with providing fire, police, and other emergency services to a party, gathering or event by imposing a civil fee upon social hosts and/or landowners (including landlords) who allow such party, gathering or event to occur on their premises, at their residences, or at rented facilities for the recovery of costs associated with providing fire, police, and other emergency services to a party, gathering or event where alcohol is served to, consumed by or in the possession or control of an underage person.

9.07.030 Legislative findings.

The city of American Canyon council finds as follows:

(A) The city of American Canyon, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents;

(B) The occurrence of a party, gathering or event on private property where alcoholic beverages are served to, consumed by or in the possession or control of an underage person is harmful to underage persons themselves and a threat to the public health, safety, or quiet enjoyment of residential property and the general welfare;

(C) Section 25658 of the Business and Professions Code makes it unlawful for a person under the age of twenty-one years to purchase or attempt to purchase, or consume alcoholic beverages and makes it unlawful for any person to sell or provide any alcoholic beverage to any person under the age of twenty-one years.

(D) Law enforcement response to a party, gathering or event where alcoholic beverages are served to, consumed by or in the possession or control of an underage person causes a drain of law enforcement resources and in some situations, leaves other areas of the city with inadequate law enforcement protection. Responses to such gathering or events result in a disproportionate expenditure of public safety resources, which are underwritten by general municipal taxes paid to the city by its taxpayers and residents.

(E) According to the California Healthy Kids Survey (2008), thirty percent of Napa County 11th graders report obtaining alcohol at parties or other events outside school and seventy-eight percent of Napa County 11th graders report that alcohol is fairly easy or very easy to obtain. Alcohol policy research regarding underage drinking shows that when communities reduce youth access to alcohol, communities experience reductions in youth alcohol use and related problems. Ordinances that reduce youth access to alcohol from social sources have been recognized as a best practice by the United States Department of Justice.

(F) Underage persons often obtain alcoholic beverages at a party, gathering or event held at private residences or at rented residential and commercial premises that are under the control of a person who knows or should know of the underage service and/or consumption.

(G) Persons responsible for the occurrence of a party, gathering or event on private property where alcoholic beverages are served have a duty to ensure that alcohol is not served to, consumed by or in the possession or control of an underage person at such gatherings.

(H) Communities that have adopted such ordinances have seen reductions in the size of parties, gatherings and events and reductions in youth perception of ease of access to alcohol.

(I) Law enforcement ability to abate gatherings where alcohol is consumed by minors on private property will help to decrease abuse of alcohol by minors, physical altercations and injuries, sexual assaults, truancy, driving under the influence of alcohol, adolescent crime, motor vehicle collisions, neighborhood vandalism and excessive noise disturbance thereby improving public safety and overall quality of life of American Canyon residents.

(J) Persons held responsible for abetting or allowing a party, gathering or event, where alcoholic beverages are served to, consumed by or in the possession or control of an underage person will be more likely to properly supervise or to stop such conduct at gatherings held on property in their possession or under their control.

(K) Problems associated with a party, gathering or event where alcoholic beverages are served to, consumed by or in the possession or control of underage persons are difficult to prevent or deter unless law enforcement has the additional legal authority to issue a civil citation for a civil fine and/or a civil citation for the cost of public safety response.

(L) The intent of this chapter is to protect the public health, safety, quiet enjoyment of residential property, and general welfare, rather than to punish. Persons who actively or passively aid, abet, or allow a party, gathering or event where alcohol is served to, consumed by or in the possession of an underage person shall be held liable for the nuisances created by such gatherings, the civil fine(s) for such violations and the costs associated with responding to such gatherings.

9.07.040 Definitions.

For the purpose of this chapter, the following definitions shall apply:

"Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

"Alcoholic beverage" includes alcohol, spirits, liquor, wine or beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

"Hearing officer" for the purpose of this chapter will be the city manager or designee.

"Juvenile" means any person less than eighteen years of age.

"Minor" means any person less than twenty-one years of age and shall have the same meaning as "underage person" defined below.

"Other private property" refers to hotel or motel room; an assembly hall or meeting room; a common room of a dwelling unit used for a party, gathering or event (e.g., recreation room of an apartment building); a site in a privately owned campground; privately owned vacant lot; privately owned agricultural land; or privately owned rural land, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented or used without compensation.

"Party, gathering or event" means a group of two or more persons at a residence or on other private property or rented public property who have assembled or are assembling for a social occasion or social activity. These terms used individually have the same meaning as when used collectively and may be used interchangeably.

"Person(s) responsible for the event" and/or "responsible person(s)" means a person or persons with a right of possession in the premises where the party, gathering or event is held, including, but not limited to:

1. The person(s) who owns, rents, leases or otherwise has control of the premises where the gathering occurs; and/or

2. The person(s) in charge of the premises; and/or

3. The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a party, gathering or event.

If the responsible person is a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for the civil fine and/or for the costs incurred for public safety services pursuant to this chapter. To incur liability for the civil fine and/or for the costs incurred for public safety services pursuant to this chapter, the person(s) responsible for the event need not be present at such gathering giving rise to the imposition of such costs. This chapter imposes vicarious as well as direct liability upon a responsible person consistent with state law.

"Public safety services" and/or "response costs" means the costs associated with responses by law enforcement, fire and other emergency response providers to a party, gathering or event where alcohol is served to, consumed by or in the possession or control of an underage person, including, but not limited to:

1. The portion of cost of salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a party, gathering or event, and the administrative costs attributable to such response(s);

2. The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a party, gathering or event; and

3. The cost of the use of any equipment or property, and the cost of repairing any equipment or property damaged, in responding to, remaining at or leaving the scene of a party, gathering or event.

"Residence" includes a dwelling unit such as a home, condominium or apartment; structures on the residence other than the dwelling unit including, but not limited to, a garage, studio, tent, boat dock, swimming pool, barn or boat house; land on the residence whether improved or unimproved such as a yard, patio, open fields, piers or lake shores; bodies of water on the residence such as a pond, lake, river or stream; a motor vehicle, camper or trailer located on the residence or a boat, watercraft, or other marine vessel located on the residence whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or gathering, and whether owned, leased, rented, or used with or without compensation.

"Underage person" means any person less than twenty-one years of age and shall have the same meaning as "minor," defined above.

9.07.050 Unlawful party, gathering or event where alcohol is served to, consumed by or in the possession or control of an underage person.

No person shall suffer, permit or host a party, gathering or event at his or her place of residence or other private property, place or premises or host a gathering of two or more persons at a public place under his or her control where alcohol is served to, consumed by or in the possession or control of an underage person.

9.07.060 Protected activities.

This chapter shall not apply to activities protected by Article 1, Section 4, of the California Constitution; the California Alcohol Beverage Control Act; or the First or Fourteenth Amendments to the United States Constitution.

9.07.070 Violation(s)—Civil fine(s).

(A) It is a civil violation for a person to conduct or allow a party, gathering or event where alcohol is served to, consumed by or in the possession or control of an underage person on premises owned by the person responsible for the event, on premises rented by or to the person(s) responsible for the event, on premises where the person responsible for the event resides or on premises where the person responsible for the event is in control of such premises during the party, gathering or event. Law enforcement personnel, at his or her discretion, may immediately issue a citation for this civil violation upon evidence of the violation. There is no requirement of a first warning in order for law enforcement to issue this civil citation.

(B) Fines.

(1) Civil Fine. A first violation of this section shall result in a citation with a five hundred fifty dollar fine.

(2) A second violation of this section at the same residence or other private property, or by the same person responsible for the event, shall result in a citation with a seven hundred and fifty dollar fine.

(3) A third or subsequent violation of this section at the same residence or other private property, or by the same person responsible for the event, shall result in a citation with a one thousand dollar fine.

(C) The fines prescribed in subsection (B) are in addition to any civil cost recovery fee for public safety services and/or response costs that may be assessed pursuant to Section 9.07.080.

(D) Law enforcement shall give notice of a violation of this section by issuing a citation to any and all persons responsible for the event identified by law enforcement within thirty days of the violation. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing.

(E) In the event that the responsible person who is in violation of this section is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the civil violation.

9.07.080 Imposition of civil cost recovery fee for public safety responses.

In addition to any civil fine imposed for violation of this chapter, expenses and fines which may be assessed or imposed as a result of a violation of this chapter, liability for the cost of providing public safety services (i.e., fire, ambulance, police, and other emergency providers) shall be the responsibility of any person who violates any provision of this chapter. The cost recovery for public safety responses shall be separate and distinct from a citation and fine for a civil violation described in Section 9.07.070.

(A) The amount of cost recovery under this subsection shall be the response costs as well as any associated costs performed by public safety.

(B) In the event that the responsible person who is in violation of this chapter is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the imposition of civil fine and/or penalties for the cost of providing public safety services.

(C) If there is more than one responsible person for the event then each responsible person shall be jointly and severally liable for the civil fine and/or for the costs incurred for public safety services pursuant to this chapter.

(D) Civil cost recovery fee(s) shall not be imposed for the response costs in those situations where those present at the gathering call for emergency services for an actual emergency at the premises.

9.07.090 Hearings on the imposition of civil fine and/or imposition of civil cost recovery fee for public safety response—Appeals.

(A) Administrative Hearing. Any person subject to a civil fine pursuant to Section 9.07.070 or subject to a civil cost recovery fee for public safety responses pursuant to Section 9.07.080 shall have the right to request an administrative hearing within forty-five days of the issuance of a citation for a civil violation or the issuance of a citation for the imposition of civil cost recovery fees for a public safety response. To request such a hearing, the person requesting the hearing shall notify the city clerk in writing within forty-five days of the issuance of the citation.

(B) The city hearing officer is delegated the power and duty to hear any appeal hearing under Section 9.07.070 and/or Section 9.07.080. The city hearing officer shall conduct a hearing on the matter within ninety days of the request for the hearing unless one of the parties requests a continuance for good cause. The city hearing officer shall render a decision within thirty days of the conclusion of the hearing. Any aggrieved person may obtain review of the decision by filing a petition for mandate with the Superior Court of California, city of Napa, a unified court in accordance with the timelines and provisions set forth in Government Code Section 53069.4.

9.07.100 Billing and civil fine and civil cost recovery fee for public safety responses—Debt to city—Enforcement.

(A) The amount of a civil fine and/or civil cost recovery fee for public safety responses shall be deemed a debt owed to the city of American Canyon by the person responsible for the event, and, if that person is a juvenile, then also his or her parents or guardian. Any person owing such fine and/or fees shall be liable in an action brought in the name of the city for recovery of such fine and/or fees. These recovery costs may include reasonable attorney fees incurred in the action if the city prevails, as the city reserves the right to seek to recover reasonable attorney fees, on a case by case basis, pursuant to Government Code Section 25845, subdivision (c). In those cases in which the city seeks to recover reasonable attorney fees, the other party may likewise do so.

The police chief shall mail notice via certified mail within thirty days of the response for which the person is liable giving rise to such costs. The police chief shall calculate and compile an itemized list of applicable response costs. The notice shall contain the following information:

(1) The name(s) of the person(s) being held liable for the payment of such costs;

(2) The address of the residence or other private property where the party, gathering or event occurred;

(3) The date and time of the response;

(4) The law enforcement, fire and/or emergency service responder who responded;

(5) An itemized list of the response costs for which the person(s) is liable;

(6) Information regarding the date payment is due;

(7) The right to request an administrative hearing to challenge the imposition of response costs and/or civil fines;

(8) The imposition of a lien on the subject property in the event of non-payment; and

(9) The election by the city under Government Code Section 25845, subdivision (c), to allow for recovery of the prevailing party's attorneys' fees in the event of an administrative hearing and subsequent appeal.

The responsible person must remit payment of the noticed costs and/or civil fines to the city of American Canyon within forty-five days of the notice thereof. The payment of any such costs shall be stayed upon a timely request for an administrative hearing made pursuant to Section 9.70.090.

(B) If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be the responsible person for costs of this section, such costs, if unpaid within forty-five days of the notice of the final determination, shall become a lien to be recorded against the property on which the violation occurred pursuant to Section 1.24.010. Such costs shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.

(C) The city attorney shall have the authority to file any action or proceeding to recover such civil fines, police services costs, public safety response costs, expenses and/or expenses and/or penalties, and take any other actions at law which he or she may deem necessary to recover same.

9.07.110 Reservation of legal options—Remedies cumulative.

The remedies provided under this chapter are cumulative, and shall not restrict the city to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under state law. Nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or prohibit any conduct authorized by the state or federal constitution.

9.07.120 Severability.

If any section, subsection, sentence, clause, phrase or work of this chapter or its application to any person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Chapter 9.08 POSSESSION OF OPENED CONTAINERS OF ALCOHOLIC BEVERAGES ON THE POSTED PREMISES OF RETAIL PACKAGE OFF-SALE ALCOHOLIC BEVERAGE LICENSEES, IMMEDIATELY ADJACENT AREAS AND ADJACENT PUBLIC SIDEWALKS PROHIBITED

9.08.010 Possession of opened containers of alcoholic beverages on the posted premises of retail package off-sale alcoholic beverage licensees, immediately adjacent areas and adjacent public sidewalks prohibited.

(A) No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or the seal of which has been broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee, licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensee and posted premises. Any persons violating this provision shall be guilty of an infraction.

(B) For the purposes of this chapter, "retail package off-sale alcoholic beverage licensee" means any retail establishment that has been licensed by the state Department of Alcoholic Beverage Control to sell unopened packages or containers of alcoholic beverages for consumption off the premises.

(C) As used in section (A) of this section, "posted premises" means the premises of any retail package off-sale alcoholic beverage licensee, or the parking lot immediately adjacent to the licensee's premises on which clearly visible notices indicate to the patrons of the licensee and to persons in the adjacent parking lot and on the public sidewalk, that the provisions of subsection (A) of this section are applicable. In order for subsection (A) of this section to be given effect, the premises must be clearly posted to give patrons and persons in the adjacent parking lot and on the public sidewalk immediately adjacent to the licensee notice of the provisions of subsection (A) of this section.

(D) All retail package off-sale alcoholic beverage licensees shall post in accordance with provisions of this section their premises and any adjacent parking lot utilized by the licensee to satisfy its parking requirements. Retail package off-sale alcoholic beverage licensees doing business in the city on the effective date of this section shall post within thirty days after the effective date of the ordinance enacting this section. New retail package off-sale alcoholic beverage licensees starting business after the effective date of this section shall post their premises and adjacent parking lots immediately upon opening for business. The notice to be posted shall read:

IT IS UNLAWFUL TO HAVE AN OPEN CONTAINER WHICH CONTAINS ANY ALCOHOLIC BEVERAGE IN YOUR POSSESSION ON THESE PREMISES.

(American Canyon Municipal Code Section 9.08.010)

(E) The provisions to this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises.

Chapter 9.12 ADMINISTRATIVE CITATIONS

9.12.010 Legislative findings—Statement of purpose.

(A) The city council has determined that there is a need for an alternative method of enforcement for minor violations of the municipal code and applicable state codes. The city council has determined that an appropriate method of enforcement for minor violations is an administrative citation program as authorized by Government Code Section 53069.4.

(B) The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the municipal code or applicable state codes.

(C) The city council hereby finds and determines that enforcement of the American Canyon municipal code, other ordinances adopted by the city, conditions on entitlements and terms and conditions of city agreements are matters of local concern and serve important public purposes. Consistent with its powers as a general law, the city of American Canyon adopts this administrative citation program provision in order to achieve the following goals:

(1) To protect the public health, safety and welfare of the citizens of the city of American Canyon;

(2) To gain compliance with the municipal code and state codes, ordinances and regulations in a timely and efficient manner;

(3) To provide for an administrative process to appeal the imposition of administrative citations and fines;

(4) To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the municipal code, ordinances, agreements or terms and conditions on entitlements in the city of American Canyon; and

(5) To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system.

(D) Use of this chapter shall be at the sole discretion of the city.

9.12.020 Definitions.

As used in this chapter:

(A) "Responsible person" means any individual who is the owner or occupant of real property, owner or authorized agent of any business, company, or entity or the parent or the legal guardian of any person under the age of eighteen years, who causes or maintains a violation of the American Canyon municipal code, applicable state codes, or conditions to an entitlement.

(B) "Enforcement officer" means any officer or employee with the authority to enforce the American Canyon municipal code or applicable state codes, or conditions to an entitlement.

(C) "Hearing officers" means the planning commission of the city of American Canyon, and shall hear all appeals from an administrative citation as set forth in Section 9.12.070.

9.12.030 Authority.

(A) Any person violating any provisions of the American Canyon municipal code or applicable state code may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of this code includes, but is not limited to, all violations of the municipal code, the uniform codes adopted by the city council, failing to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this code.

(B) Section 1.24.010 provides that each day of violation constitutes a separate offense and may be separately punished and that fourth and subsequent violations may be prosecuted as a misdemeanor.

(C) A civil fine shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the American Canyon administrative services department.

(D) Fines for specific violations of the municipal code, conditions to entitlements or applicable state codes shall be assessed in the amounts specified by resolution of the city council, or where no amount is specified:

(1) A fine not exceeding one hundred dollars for a first violation;

(2) A fine not exceeding two hundred dollars for a second violation of the same ordinance or permit within one year from the date of the first violation;

(3) A fine not exceeding five hundred dollars for each additional violation of the same ordinance or permit within one year from the date of the first violation.

9.12.040 Service procedures.

An administrative citation on a form approved by the city manager may be issued to the responsible person by an enforcement officer for violations of the municipal code, applicable state codes or conditions to an entitlement in the following manner:

(A) Personal Service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. In the event the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or subsequent proceedings.

(B) Service of Citation by Mail. In the event the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.

(C) Service by Citation by Posting Notice. In the event the enforcement officer does not succeed in personally serving the responsible person, or by certified mail or regular mail, the enforcement officer shall post the administrative citation on any real property within the city in which the city has knowledge that the responsible person has a legal interest, and such posted shall be deemed effective service.

9.12.050 Contents of notice.

Each administrative citation shall contain the following information:

(A) Date, approximate time and address or definite description of the location where the violation(s) was observed;

(B) The municipal or state code sections or conditions violated and a description of the violation(s);

(C) An order to the responsible person to correct the violations within the time specified and an explanation of the consequences of failure to correct the violation(s);

(D) The amount of the fine for the violation(s);

(E) An explanation of how the fine shall be paid and the time period by which it shall be paid;

(F) Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation; and

(G) The name and signature of the enforcement officer and, if possible, the signature of the responsible person.

9.12.060 Satisfaction of administrative citation.

Upon receipt of an administrative citation, the responsible person must do the following:

(A) Pay the fine to the city within fifteen days from the correction date of the administrative citation. All fines assessed are payable to the American Canyon city treasurer. Payment of a fine shall not excuse or discharge the failure to correct the violation(s), nor shall it bar further enforcement action by the city;

(B) Remedy the violation(s), if the violation(s) is of such a nature that it can be remedied. If the violation(s) is corrected before the date provided on the administrative citation no fine shall be imposed. If the responsible person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter or by resolution of the city council.

9.12.070 Appeal of an administrative citation.

Any recipient of an administrative citation may contest that there was a violation of the American Canyon municipal code, applicable state codes or conditions of an entitlement, or that he or she is the responsible person, by completing a request for hearing form and returning it to the city within fifteen days from the correction date of the administrative citation, together with an advanced deposit of the fine. Any administrative citation fine that has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.

9.12.080 Hearing officers.

The city council designates the planning commission as the hearing officers for the administrative citation hearing. To the extent practical and consistent with this chapter, appeal hearings shall be conducted on the evenings of regularly scheduled planning commission meetings.

9.12.090 Hearing procedures.

(A) No hearing to contest an administrative citation before the hearing officers shall be held unless and until a request for hearing form has been completed and submitted, and the fine has been deposited in advance.

(B) A hearing before the hearing officers shall be set for a date that is not less than fifteen and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

(C) The hearing officers shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of the municipal code or other applicable state codes or conditions to an entitlement on the date(s) specified in the administrative citation.

(D) The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

(E) The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

(F) The administrative citation and any additional documents submitted by the hearing enforcement officers shall constitute prima facie evidence of the respective facts contained in those documents.

(G) If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officers for consideration at the hearing, then a copy of this report also shall be served by mail on the person requesting the hearing at least five days prior to the date of the hearing.

(H) At least ten days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply.

(I) The hearing officers may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

9.12.100 Hearing officer's decision.

(A) After considering all of the testimony and evidence submitted at the hearing, the hearing officers shall issue a written decision within ten days of the hearing to uphold or deny the administrative citation and shall list in the decision the reasons for rendering the decision. The decision of the hearing officers shall be final unless a request for judicial review is filed in accordance with the provisions of Section 9.12.120.

(B) If the hearing officers determine that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.

(C) If the hearing officers determine that the administrative citation should be canceled and the fine was deposited with the city, then the city shall promptly refund the amount of the deposited fine.

(D) The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in the manner prescribed by the American Canyon municipal code.

9.12.110 Failure to pay fines.

The failure of any person to pay the civil fines assessed by an administrative citation within the time specified on the citation may result in the matter being referred to the American Canyon finance director to file a claim with small claims court. Alternatively, the city may pursue any other legal remedy to collect the civil fines. The city may also recover all costs associated with collecting any fines.

9.12.120 Right to judicial review.

Any person aggrieved by an administrative decision of the hearing officers on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Napa County municipal court in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4.

9.12.130 Notices.

The administrative citation and all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of this chapter and any applicable provisions of the American Canyon municipal code. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.