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HomeMy WebLinkAbout2018-05ORDINANCE NO. 2018-05 AMENDING SECTION 4-6.1 OF THE TOWN OF DANVILLE MUNICIPAL CODE PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES OR CANNABIS BY JUVENILES ON PRIVATE PROPERTY The Danville Town Council does ordain as follows: SECTION 1. AMENDING SECTION 4-6.1 OF THE TOWN OF DANVILLE MUNICIPAL CODE Section 4-6.1 of the Danville Municipal Code is hereby amended to read as follows: SECTION 4-6.1 CONSUMPTION OF ALCOHOLIC BEVERAGES OR CANNABIS BY JUVENILES ON PRIVATE PROPERTY Section 4-6.1 Prohibited Activity. (a) It shall be unlawful for any person in ownership, possession or control of any private residence, property, place or premises to permit, allow, suffer, or host at such residence, property, place or premises, any gathering of five (5) or more persons under the age of twenty-one (21) years where alcoholic beverages and/or cannabis (as defined in Health and Safety Code Section 11018) or cannabis products (as defined in Health and Safety Code Section 11018.1) are in the possession of, or are being consumed by any person under the age of twenty-one (21) years. (b) It shall be unlawful for any person under the age of twenty-one (21) years to consume any alcoholic beverages, cannabis or cannabis products at any gathering described in paragraph (a). (c) Violation of this section is an infraction and shall be punishable to the maximum extent allowed by State law. In the discretion of the City Attorney, violations of this section may be charged as a misdemeanor and shall be punishable to the maximum extent allowed by State law. If the violator is under eighteen (18) years of age, they shall be issued a citation to appear with a parent or guardian at the Danville Juvenile Diversion Program. SECTION 2. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have this ordinance published in a newspaper of general circulation within 15 days after adoption. This ordinance shall become effective 30 days after adoption. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. The foregoing ordinance was introduced on April 3, 2018 and approved and adopted by the Danville Town Council at a regular meeting on April 17, 2018, by the following vote: AYES: Arnerich, Blackwell, Morgan, Stepper, NOES: None ABSTAIN: None ABSENT: None APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERI CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2018-05 of said Town and that said ordinance was published according to law. Dated• 4 Lz-3 fi g/ PAGE 2 OF ORDINANCE NO. 2018-05