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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)