San Rafael, CA Public Conduct: Loud Party Ordinance (2026)
Key Facts
- Applies to
- Underage drinking/drug gatherings
- Host liability
- Even if not present
- Costs
- Police response costs billable
- Alternative
- Restorative Justice Program
Summary
San Rafael's Social Host Ordinance makes it unlawful for a property owner, tenant, or host to knowingly allow an "unruly gathering" where underage persons consume alcohol or drugs, imposing liability and police response costs on the responsible person.
It is unlawful and a public nuisance for any responsible person to knowingly host, permit, or allow an unruly gathering to occur at private property in the city concerning which the responsible person has a right of possession specified in Section 8.19.030(J). For purposes of this chapter, a responsible person knowingly hosts, permits or allows an unruly gathering whenever the responsible person is aware an underage person has consumed an intoxicant at an unruly gathering, or reasonably should have been aware an underage person has consumed an intoxicant at such a gathering had the responsible person taken all reasonable steps to prevent consumption of intoxicants by underage persons in accordance with Section 8.19.040. It shall be prima facie evidence that the responsible person knew or should have known of both the unruly gathering and the consumption of intoxicants by underage persons at the gathering if the responsible person is present on the property at any point during the gathering. To the full extent permitted by law, owners of properties as defined in Section 8.19.030 shall remain responsible persons liable for violations of this chapter on such property regardless of any contract or agreement regarding the property that purports to provide otherwise.
(Ord. 1861 § 2 (part), 2007; Ord. No. 1939, § 4, 5-2-2016; Ord. No. 1950, div. 2, 1-16-2018)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).
Full Breakdown
SRMC § 8.19.050 (Social Host Ordinance, Chapter 8.19) bars any "responsible person", owner, tenant, or organizer, from knowingly hosting, permitting, or allowing an unruly gathering on private property where underage persons consume alcohol, controlled substances, or marijuana amid disturbances like excessive noise or traffic. Presence at the gathering creates prima facie evidence of knowledge. Violations are a public nuisance, enforceable as an infraction, misdemeanor, or administrative citation (§ 8.19.070), and responsible persons are jointly liable for police response costs (§§ 8.19.080-.090), which can become a property lien (§ 8.19.100).
Violations & Fines
Hosting an unruly gathering violates § 8.19.050: enforceable as an infraction or misdemeanor under § 8.19.070, plus mandatory recovery of police response costs under § 8.19.080 and possible property liens under § 8.19.100.
Frequently Asked Questions
Can I be cited if a party I host gets out of hand with underage drinking?
Do I have to be at the party to be held liable?
Sources & Official References
Other rules in San Rafael
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