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19.01.040 Enforcement and Penalties.
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A. Upon a determination that a violation of Larkspur Municipal Code Section 19.01.030 has been committed, a public safety officer of the Police Department may issue a notice of violation. A notice of violation shall indicate whether the violation shall be enforced as a criminal offense or administrative penalty. If the violation is enforced as a criminal offense, the notice of violation shall be issued and forwarded for prosecution in the same manner as all other criminal offenses punishable as misdemeanors under this code. If the violation is enforced as an administrative penalty, then the administrative penalty procedures in this chapter shall be followed.

B. In determining whether the offense should be subject to criminal prosecution, the officer shall exercise his or her discretion in considering the following factors: the circumstances surrounding the incident; the number of complaints received regarding similar incidents at the same location or involving the same persons within a twelve-month period; the number of minors attending the party, gathering, or event, the number of minors consuming or in possession of alcohol and/or marijuana or controlled substances, and the conduct of the minors attending the gathering; and any other factors that would support criminal prosecution. The selection of criminal or administrative enforcement under this section shall not be subject to any form of challenge or appeal.

C. If enforced as a criminal offense, a violation of Larkspur Municipal Code Section 19.01.030 is punishable as a misdemeanor and subject to a fine not to exceed one thousand dollars ($1,000.00) per violation.

D. If enforced as an administrative penalty, a first violation of Larkspur Municipal Code Section 19.01.030 shall be subject to an administrative penalty of a fine in the amount of seven hundred fifty dollars ($750.00). A second violation within a twelve-month period shall be subject to an administrative penalty of a fine in the amount of eight hundred fifty dollars ($850.00). A third or subsequent violation within a twelve-month period shall be subject to an administrative penalty of a fine in the amount of one thousand dollars ($1,000.00) for each violation. The Hearing Officer may in his or her discretion require community service for a violation of Larkspur Municipal Code Section 19.01.030 in addition to or in lieu of an administrative fine.

E. In the event that a person in violation of Larkspur Municipal Code Section 19.01.030 is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for any administrative fine imposed under this chapter. (Ord. 1031, 2018; Ord. 1030 § 2(13), 2018; Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.040)

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