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Home My WebLink AboutOrdinance 258ORDINANCE - 258 AN ORDINANCE AMENDING THE SARATOGA MUNICIPAL CODE TO AMEND AND CLARIFY EXISTING PROVISIONS OF THE CITY CODE REQUIRING SUPERVISION BY PARENT OR GUARDIAN OF ALCOHOLIC BEVERAGE POSSESSION OR CONSUMPTION BY PERSONS UNDER TWENTY-ONE AND IMPOSING A FEE FOR THE COSTS OF PROVIDING A SECOND POLICE RESPONSE TO PUBLIC DISTURBANCES POSING A THREAT TO THE PUBLIC PEACE, HEALTH, SAFETY OR GENERAL WELFARE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City of Saratoga wishes to discourage underage drinking and to hold the hosts of parties constituting a public disturbance who fail to respond to police directions such that a second response is required responsible for the costs to the community. THEREFORE the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is hereby amended as set forth below. Words shown in bold underlined text exam le are added to the Code and words shown in strikeout (fie) are deleted from the Code. Words in standard font are unchanged from the existing Code. A. Section 6-15.120 of the City Code is amended as follows: 6-15.120 .Supervision by parent or guardian of alcoholic beverage possession or consumption by persons under twenty-one. (a) No person under the age of twenty-one ~ years shall op ssess or consume any alcoholic beverage at any place not open to the public, unless that person is being supervised by ~ the person's parent or legal guardian. (b) No person shall suffer, permit, allow, or host a social gathering at ~ the person's place of residence where one for more persons under the age of twenty-one ~ yews are present and alcoholic beverages are in the possession of, or being consumed by, any person under the age of twenty-one ~ s and there eke is „~*'~°~^^ ~~~„°n,;~°a no supervision by the parent or legal guardian of each of the participants under the age of twenty-one (c) Any ~ie~atien-a€person violating this c°°+~°~ ~'~~" °°~~~+~'~~+° section is guilty of a misdemeanor. B. Section 6-15.120 of the City Code is amended as follows: 6-15.130 Disturbance requiring a second police response. a When e a disturbance occurs at a premises and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, a.~:a ~ _°__„a r°~Ycn~_'~, Y?:~.,, r_.~,,,,,..._.1 t„ „~,,;; the person in charge of the premises and the person responsible for the event; orzif either of those persons is a minor, then the parents or leg-al-guardians of that minor, sal will be held jointly and severally liable for the cost of providing police personnel on special security assignment, ~~~^'' ^°~* *~'~° ~'~+~~ r°~•„^~' over and above the services normally provided by the police. The police personnel utilized during a second response after the first warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment shall include the costs of police response, damage to City property and injuries to City personnel. (b) This section shall not impose a requirement of a second response by police to a disturbance where a determination is made that termination of the disturbance is necessary on the first response to keep the peace and ensure the health, safety and general welfare of the public. The fees imposed for a second response to such a disturbance will be established by the City Council by resolution. (c) References to "police" in this Code refer to all deputies of the County Sheriff and other law enforcement officials performing police services in the City. Section 2. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 21st day of May, 2008, and was adopted by the following vote following a second reading on the 4th day of June, 2008: AYES: Councilmember Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith NAYS: None ABSENT: None ABSTAIN: None SIGNE~-~ ~ ~ /~. ~~ G. ~~.r-yam Ann Waltonsmith, MAYOR OF THE CITY OF SARATOGA ATTEST:~°S .. , Ann Sullivan, ACTING CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: Richard Taylor, CITY ATTORNEY ~ car Legals NOTICE TO THE PUBLIC The Saratoga City Council, at a regular meeting on June 4, 2008 adopted by vote of Councilmembers Hunter, Kao, King, Vice Mayor Page, Mayor Waltonsmith the fol- lowing Ordinance: ORDINANCE- 258 AN ORDINANCE AMENDING THE SARATOGA MUNICIPAL CODE TO AMEND AND CLAR- IFY EXISTING PROVISIONS OF THE CITY CODE REQUIR- ING SUPERVISION BY PAR- ENT ORGUARDIAN OF ALCO- HOLIC BEVERAGE POSSES- SION OR CONSUMPTION BY PERSONS UNDER TWENTY- ONE AND IMPOSING A FEE FOR THE COSTS OF PROVID- ING A SECOND POLICE RESPONSE TO PUBLIC DIS- TURBANCES POSING A THREAT TO THE PUBLIC PEACE, HEALTH, SAFETY OR GENERAL WELFARE THE CITY COUNCIL OF THE CITY Of SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City of Saratoga wishes to discour- age underage drinking and to hold the hosts of parties constituting a public distur- bance who fai! to respond to police directions such that a second response is required responsible for the costs to the community. THEREFORE the City Council hereby ordains as follows: _i section i. Adoption. The Saratoga City Code is hereby amended as set forth below. Words showrin bold underlined text (example) are added to the Code and words shown in strikeout (example) are deleted from the Code. Words in standard font are unchanged from the existing Code. A. Section 6.15.120 of the City Code is amended as fol- lows: 6-15.120 Certain social gath- erings unlawful. Supervision by parent or guardian of alcoholic beverage posses- sion or consumption by per- sons undertwenty-one. (a) No person under the age of twenty-one (21) years shall have in his or her pos- session possess or consume any alcoholic beverage at any place not open to the public, unless that person is being supervised by his or her the person's parent or legal guardian. (b) No person shall suffer, permit, allow, or host a social gathering at his or her the person's place of resi- dence where one (1) or more persons under the age of twenty-one (21) years are present. and alcoholic bever- ages are in the possession of, or being consumed by, any person under the age of twenty-one (21) years and there who is not being supervised no supervision by his or her the parent or legal guardian of each of the participants under the age of twenty-one (21). (c) Any violation of person violating this Section shall constitute section is guilty of a misdemeanor. B. Section 6-15.120 of the City Code is amended as fol- lows: 6-15.130 Disturbance requir- ing a second police response. (a) When Where a distur- bance occurs at a premises which is determined by a police officer to constitute and a police officer at the scene determines that there is a threat to the public peace, health, safety or gen- eral welfare, and a second response by police person- nel to such disturbance is made, the police personnel utilized during the second response shall be deemed to be on special security assignment over and above the services normally provid- ed. The the person in charge of the premises and the per- son responsible for the event, or, if either of those persons is a minor, then the parents or legal guardians of that minor, shall wilt be held jointly and severalty liable for the cost of providing police personnel on special security assignment, such cost to be determined according to rates and charges as established from time to time by resolution of the City Council. over and above the services normally provided by the police. The police personnel utilized during a second response after the first warning to com- trol the threat to the public peace, health, safety or gen- eralwelfare shall be deemed to be on special security assignment over and above the services normally provid- ed. The costs of such special security assignment shall include the costs of police response, damage to City property and injuries to City personnel. (b) This section shalt not impose a requirement of a second response by police to a disturbance where a deter- mination is made that termi- nation of the distufiance is necessary on the first response to keep the peace and ensure the health, safe- ty and general welfare of the public. The fees imposed for a second response to such a disturbance will be estab- lished by the City Council by resolution. (c) References to "police" in this Cpde refer to all deputies of the County Sheriff and other law enforcement officials per- forming police services in the City. Section 2. PubUcation. This ordinance or a compre- hensive summary thereof shalt be published in a news- paper of general circulation of the City of Saratoga with- infifteen days after its adop- tion. The foregoing ordinance was introduced and read at the regular .meeting of the City Council of the City of Saratoga held on the 21st day of May, 2008, and was adopted by the following vote following a second reading on the 4th day of tune, 2008: COUNCILMEMBERS: AYES: Councilmember Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/Ann Waltonsmith, Mayor of the City of Saratoga ATTEST: /s/Ann Sullivan Acting City Clerk of the City of Saratoga (Pub SN 6/11) NOTICE OF ELECTION Notice is hereby given that a General Municipal Election wilt be held in the City of Saratoga on Tuesday, November 4, 2008, for the following ,offices; Two (2) Councilmembers, each for a ful(four-year term. The polls will be open between the hours of 7:00 a.m. and 8:00 p.m. Individuals interested in run- ning For office may obtain nomination papers from and file them in the City Clerk's Office, 13777 Fruiriale Avenue, Saratoga, CA. The nomination period is open from 8:00 a.m.luly 14, 2008 through 5:00 p-m. August 8, 2008- Candidates must be registered voters within the corporate limits of the City of Saratoga. If an incumbent who is eligible to run for office does not file nomina- tion papers by August 8, the deadline will be extended to August 13, 2008. /s/Ann Sullivan Acting Lily Clerk (Pub SN 06/18/08) NOTICE OF HEARING BEFORE CITY COUNCIL CRY OF SARATOGA Notice is hereby given that the City Clerk of the Saratoga City Council, State of California, has set Wednesday, the 2nd day of July 2008, at 7:00 p.m. in the .City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for public hearing on: An Ordinance Amending the Saratoga Municipal Code Procedures for Setting Appeal Hearings Before the City Council and Planning Commission. The ordinance would codify current practice for setting the initial hearing date and thange current practice to set an earlier deadline for filing continu- ance requests than exists under current Council policy. Alf interested persons may appear and be heard at the above time and place. If you challenge the subject pro- jects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at, or prior to, the public . hearing. In order to be included in the City Council's information packets, written communications should be filed on or before the Thursday before the meet- ing. A copy of any material provided to the City Council on the above hearing(s) is on file at the Office of the Saratoga City Clerk at 13777 Fruiriale Avenue, Saratoga. Questions may be addressed to the City Clerk, (408) 868- 1269. /s/Ann Sullivan Acting City Clerk (Pub SN 6/18)