San Antonio |
Code of Ordinances |
Chapter 21. OFFENSES AND MISCELLANEOUS PROVISIONS |
Article XI. SOCIAL HOST UNDERAGE DRINKING ACCOUNTABILITY |
§ 21-306. Violation(s); civil penalties.
It shall be a civil violation for a person to violate section 21-304 of this article. Law enforcement personnel, at the officer's discretion, may immediately issue a notice of violation for this civil violation upon evidence of the violation. There is no requirement of a first warning in order for law enforcement to issue this civil citation.
(1)
Civil penalty. A first violation of this section shall result in a notice of violation with a civil penalty not to exceed three hundred dollars ($300.00). A second or subsequent violation shall result in a notice of violation with a civil penalty not to exceed five hundred dollars ($500.00).
(2)
Peace officers employed by the city, and the San Antonio police department, are hereby authorized to issue notices of violations for violations of the article, by issuing a written notice of violation to any and all responsible persons identified by law enforcement within thirty (30) days of the violation. The notice of violation may be delivered in person, or by certified mail.
(3)
The notice of violation shall include:
a.
The name(s) of the person(s) being held liable for the payment of such costs;
b.
The location where the gathering involving underage drinking occurred;
c.
A description of the violation;
d.
The date and time of the violation;
e.
The amount of the civil penalty for which the person is liable;
f.
Notice and warning that a second or subsequent violation of this article on the same date or within six (6) months of the date of the notice shall result in the person's liability for the cost of providing public safety services (i.e., fire, ambulance, law enforcement, and other emergency providers), and that the cost recovery for public safety responses shall be separate and distinct from a civil penalty for a violation;
g.
Notice of the right and method to request an administrative hearing to challenge the validity of the notice of violation, and the deadline for requesting that hearing; and
h.
Notice that failure to contest or pay the civil penalty in a timely manner is an admission of liability and a waiver of the right to appeal the imposition of the civil penalty.
(4)
The civil penalty prescribed in this section is in addition to any civil cost recovery fee for public safety responses that may be assessed pursuant to section 21-307.
(Ord. No. 2016-12-15-0999 , § 1, 12-15-16)