In accordance with the Town of Belchertown Home Rule Authority,
and to protect the health, safety, and welfare of the inhabitants
of the Town, this chapter shall permit the Town to impose liability
on owners and other responsible persons for allowing, encouraging
or contributing to the consumption of alcoholic beverages by underage
persons at gatherings on private property.
As used in this chapter, the followingy terms shall have the
meanings indicated:
ALCOHOL
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE
All liquids intended for human consumption as a beverage
which contain 1/2 of 1% or more of alcohol by volume at 60° F.,
including malt beverages.
EVICTION
Actively trying to evict a tenant from a premises by delivery
of a notice to quit and subsequent court proceedings, if a tenant
fails to vacate the premises.
GATHERING
A party, gathering, or event, where a group of persons have
assembled or are assembling for a social occasion or social activity.
LEGAL GUARDIAN
A.
A person who, by court order, is the guardian of the person
of a minor; or
B.
A public or private agency with whom a minor has been placed
by the court.
PARENT
A person who is a natural parent, adoptive parent, foster
parent, or stepparent of another person.
PREMISES
Any residence or other private property, place, or location,
including any commercial or business property.
PROPERTY OWNER
The legal owner of record as listed by the tax assessors
records.
PUBLIC NUISANCE
A gathering of persons on any premises in a manner which
constitutes a violation of law. Unlawful conduct includes, but is
not limited to, obstruction of public streets by crowds or vehicles,
illegal parking, public urination, the service of alcohol to underage
persons, fights, disturbances of the peace, and litter.
RESPONSE COSTS
The costs associated with responses by law enforcement, fire,
and other emergency response providers to a gathering as set forth
in a schedule of costs established by the Select Board.
Except as permitted by state law, it is unlawful for any underage
person to:
A. Consume at any public place or any place open to the public any alcoholic
beverage; or
B. Consume at any place not open to the public any alcoholic beverage,
unless in connection with the consumption of the alcoholic beverage
the underage person is being supervised by his or her parent or legal
guardian.
Notice of response by police or other local officials to a gathering
shall be mailed to any property owner listed on the Town of Belchertown
property tax assessment records and shall advise the property owner
that the third such response on the same premises within a one-year
period, as measured from the date of the first notice, shall result
in liability of the property owner for all penalties associated with
such response as more particularly described below.
If the Police Department is required to respond to a gathering
constituting a public nuisance on the premises, the following persons
shall be jointly and severally liable for fines as set forth below.
Response costs may also be assessed.
A. The person or persons residing on or otherwise in control of the
property where such gathering took place.
B. The person or persons who organized or sponsored such gathering.
C. All persons attending such gatherings who engage in any activity
resulting in the public nuisance.
If the Police Department is required to respond to a gathering
constituting a public nuisance on the premises more than twice in
any one-year period, as measured from the date of the first response,
the following persons shall be jointly and severally liable for fines
as set forth below. Response costs may also be assessed.
A. The person or persons who own the property where the gathering constituting
the public nuisance took place, provided that notice of the first
and second responses has been mailed to the owner of the property
as set forth herein and the gathering occurs at least 14 days after
the mailing of the second such notice. The owner of the property shall
not be held responsible for any violation and penalties if they are
actively trying to evict a tenant from the property. The one-year
time period for violations for a property shall pertain only to the
same residents occupying the property who have had the prior violation(s).
New residents shall start a new time cycle of one year should they
violate this chapter.
B. The person or persons residing on or otherwise in control of the
property where such gathering took place.
C. The person or persons who organized or sponsored such gathering.
D. All persons attending such gatherings who engage in any activity
resulting in the public nuisance.
No provision of this chapter shall apply where prohibited or
preempted by state or federal law. If any provision of this chapter,
or the application thereof to any person or circumstances, is declared
invalid, that invalidity shall not affect other provisions or applications
of this chapter which can be given effect without the invalid provisions
or application, to this end the provisions of this chapter are severable.