Ordinance No. 2023-03 | Amending Chapter 19C - Social Host Accountability | Adopted 02/27/2023ORDINANCE NO. 2023-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING CHAPTER 19C OF THE GILROY CITY CODE RELATING TO
SOCIAL HOST ACCOUNTABILITY TO INCREASE THE PENALTY
AMOUNTS AND INCREASE THE PERIOD OF TIME FOR ISSUING
CITATIONS
WHEREAS, the City of Gilroy (City) is a municipal corporation, duly organized
under the constitution and laws of the State of California ; and
WHEREAS, the occurrence of loud or unruly gatherings on private property where
alcoholic beverages are served to, consumed by or in the possession of underage
persons is harmful to the underage persons themselves, and is a threat to the public
health, safety, or quiet enjoyment of residential property a nd the general welfare; and
WHEREAS, the imposition of administrative penalties on persons for loud or unruly
gatherings where alcohol is consumed by, served to or in the possession of underage
persons is a reasonable and necessary means to protect and promote the health, safety,
and general welfare of the youth and other residents of the City of Gilroy; and
WHEREAS, the imposition of an administrative fee upon social hosts and/or
landowners who knowingly allow such loud or unruly gatherings to occur on their
premises, at their residence, or at rented facilities where alcoholic beverages are served
to, consumed by, or in the possession of underage persons is a reasonable and
necessary means to offset the municipal costs associated with providing fire, pol ice and
other emergency services to loud or unruly gatherings; and
WHEREAS, Ordinance 2007-14 was adopted on June 4, 2007 to establish
Chapter 19C of the Gilroy City Code relating to social host accountability, including the
establishment of fines and time period for issuance of administrative citations; and
WHEREAS, the City Council has determined that the fine amount is too low and
desires to increase the fine amount associated with violations; and
WHEREAS, the time period of thirty (30) days after the violation to issue the
citation is too short to be reasonable in the instances when multiple citations are possible
and/or investigations into the violations are needed to determine proper citation issuance;
and
WHEREAS, the City Council introduced the ordinance on February 6, 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.
Ordinance No. 2023-03
Amending Chapter 19C - Social Host Accountability
City Council Regular Meeting | February 27, 2023
Page 2 of 3
SECTION II
That Section 19C.4(a)(1) shall be amended to read as follows.
(1) Administrative Penalties. A first violation of this section shall result in a citation
with a one-thousand-dollar ($1,000.00) penalty. A second or subsequent violation
within a twelve-month period shall result in a citation with a two-thousand-dollar
($2,000.00) penalty.
SECTION III
That Section 19C.4(a)(2) shall be amended to read as follows.
(2) The police shall give notice of a violation of this section by issuing an
administrative citation to any and all persons identified by the enforcement officer
within one hundred eighty (180) days of the violation. The administrative citation
shall also give notice of the right to request an administrative hearing to challenge
the validity of the administrative citation and the time for requesting that hearing
pursuant to section 19C.6 below.
SECTION IV
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares
that it would have passed and adopted this ordinance, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases may be declared invalid or unconstitutional .
SECTION V
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby
directed to publish this Ordinance or a summary thereof pursuant to Government Code
Section 36933.
Ordinance No. 2023-03
Amending Chapter 19C - Social Host Accountability
City Council Regular Meeting | February 27, 2023
Page 3 of 3
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 27th
day of February 2023 by the following vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE,
HILTON, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Mar 1, 2023 10:17 PST)
Marie Blankley
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2023-03 is an original ordinance, or true and correct copy of a
city Ordinance, duly adopted by the Council of the City of Gilroy at a Regular Meeting of
said held on Council held Monday, February 27, 2023, at which meeting a quorum was
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this Monday, February 27, 2023.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)