§ 5-40.05. Penalties for violation of the chapter.

(a)

A violation of this chapter shall only be prosecuted as a civil penalty pursuant to the procedures in Chapter 8 of Title 1. Notwithstanding Chapter 8 of Title 1, a violation subjects any and all responsible persons, as defined in this chapter, to a civil penalty of One Thousand and No/100ths ($1,000.00) Dollars.

(b)

If the owner of the private property has leased the property to another person, such owner shall not be considered a responsible person until such owner receives notice of at least one previous gathering of underage drinkers on his property in the prior twelve (12) months. Notice shall be by a copy of the citation transmitted via certified mail, return receipt requested, and first class mail to the owner of the private property as recorded by the last equalized assessment roll of the Ventura County Assessor.

(c)

In the event that a gathering of underage drinkers is hosted by a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for any penalties incurred pursuant to this chapter.

(d)

In the event a juvenile is found to be a responsible person as defined by this chapter, the juvenile may serve forty (40) hours of community service and pay City administrative fees, if any, as an alternative to paying the civil penalty of One Thousand and No/100ths ($1,000.00) Dollars upon the prior written consent and approval of the Chief of Police or designee.

(e)

The parents or guardians of a juvenile found to have hosted a gathering of underage drinkers may also request to have that juvenile serve forty (40) hours of community service as described in subsection (d) of this section, and pay City administrative fees, if any, as an alternative penalty to paying the civil penalty of One Thousand and No/100ths ($1,000.00) Dollars.

(f)

The Chief of Police or designee shall retain the discretion to approve the community service suggested by the juvenile. Upon approval of the Chief of Police or designee to perform community service, the juvenile shall complete the forty (40) hours within six (6) months of approval, and shall submit proof of completion to the Chief of Police. Failure to receive approval to perform community service or failure to complete the forty (40) hours of service shall result in an imposition of the civil penalty of One Thousand and No/100ths ($1,000.00) Dollars, which is immediately payable. No reduction in the penalty is authorized for completion of less than forty (40) hours of community service.

(§ 1 (part), Ord. 1093, eff. July 5, 2006)