Officials ask city staff to revise law, adopt stiffer fines for
parents and property owners who allow underage drinking to
occur
Morgan Hill – Underage drinking parties in Morgan Hill could soon be more scarce, as Morgan Hill City Council members voted unanimously Wednesday night to fortify the city’s existing ordinances penalizing hosts of such parties.

The city has an ordinance that makes gatherings of 10 or more where underage drinking is going on an offense; but the San Martin/Morgan Hill Substance Abuse Coalition has worked with the city’s Public Safety and Community Services Committee to put together a recommendation that the city staff and city attorney craft a stronger ordinance.

The biggest changes to the ordinance recommended by the committee are fines – starting at $250 – for the parents or responsible adults when there are three or more people at a gathering and there is underage drinking going on.

Another change would be the possibility for the city or county to charge the responsible party if an additional response by law enforcement or emergency services is necessary.

During the public hearing Wednesday, no one spoke out against a strengthened ordinance. Several speakers referred to the responsibility of all adults in the community, not just parents, to provide a safe environment for young people.

“There seems to be an alarmingly cavalier attitude on the part of parents when it comes to serving alcohol to teens in their homes,” said Lisa DeSilva, director of development for the social service agency Community Solutions. “Our society oftentimes now advocates choices rather than advocating wisdom. Many of our youth don’t always feel the need for our wisdom, they don’t want our wisdom … but they always need it.”

Councilmember Greg Sellers, who has a teenage son as well as three younger children, said that efforts to prevent underage drinking in the community cannot stop with a revised ordinance.

“It’s not something that, we’re going to be able to pass this ordinance, pat ourselves on the back and walk away and say, great we solved that,” he said. “We are all responsible as parents, as community members, to ensure that our young people are safe in a secure environment.”

Morgan Hill Police Chief Bruce Cumming answered concerns from Councilmembers Mark Grzan and Marby Lee about the penalties for landlords if there is underage drinking on their property. He said there would be opportunities for a warning first, that the changes to the ordinance that would be punitive for landlords – making them responsible for the cost of a law enforcement or emergency response, for example – would only affect those “repeat offenders” who did not take care of problem tenants.

SOCIAL HOST RECOMMENDATIONS

  • Fines should be raised to deter underage alcohol-fueled parties

  • The size of the underage social gathering should be lowered from the current 10 or more to three or more persons

  • The number of persons responsible for control of these parties should be expanded to include party hosts whether or not they live at the location, parents or guardians whether or not they are present during the parties, landlords, managers and owners of commercial properties such as apartments, condominiums, hotels and motels

  • More clearly define exactly who is responsible for emergency services fees when a second response by police officers is required

Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at md****@mo*************.com.

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