[Ord. No. 4431 §1, 5-20-2013]
A.
The
Board of Aldermen finds as follows:
1.
The City of Brentwood, pursuant to the police powers delegated to
it by the Missouri Constitution, has the authority to enact laws which
promote the public health, safety and general welfare of its residents.
2.
The occurrence of loud or unruly gatherings on private property and
motel rooms where alcoholic beverages or controlled substances are
served to or consumed by underage persons is harmful to the underage
persons themselves and a threat to public health, safety, quiet enjoyment
of residential property, other property and general welfare.
3.
Underage persons often obtain alcoholic beverages and controlled
substances at gatherings held at private residences, rented residential
premises or at motel rooms that are under the control of a person
who knows or should know of the underage service and/or consumption.
Persons responsible for the occurrence of loud or unruly gatherings
on private property and motel rooms over which they have possession
or control have failed to ensure that alcoholic beverages or controlled
substances are neither served to nor consumed by underage persons
at these parties.
4.
Problems associated with loud or unruly gatherings at which alcoholic
beverages and controlled substances are served to or consumed by underage
persons are difficult to prevent and deter unless the Police Department
has the legal authority to abate the party or gathering by directing
or ordering the host or other responsible person to disperse the party
or gathering.
5.
Control of loud or unruly gatherings on private property or hotel
rooms where alcoholic beverages and controlled substances are served
to or consumed by underage persons is necessary when such activity
is determined to be a threat to the peace, health, safety or general
welfare of the public.
6.
Persons held responsible for abetting or tolerating loud or unruly
gatherings will be more likely to properly supervise or stop such
conduct at gatherings held on property under their possession or control.
7.
In the past and present, law enforcement, fire and other emergency
response services personnel have and are required to respond, sometimes
on multiple occasions, to loud or unruly gatherings on private property
and motel rooms at which alcoholic beverages and controlled substances
are served to or possessed or consumed by underage persons, and responses
to such gatherings result in a disproportionate expenditure of public
safety resources of the City of Brentwood, which are underwritten
by municipal taxes paid by its taxpayers and residents and delaying
police responses to regular and emergency calls to the rest of the
City.
[Ord. No. 4431 §1, 5-20-2013]
A.
The
purposes of this Article are:
1.
To protect public health, safety and general welfare;
2.
To enforce laws prohibiting the service to and consumption and use
of alcoholic beverages and controlled substances by underage persons;
and
3.
To reduce the costs of providing police, fire and other emergency
response services to loud or unruly gatherings by imposing a civil
fee against social hosts and landowners for the recovery of costs
associated with providing law enforcement, fire and other emergency
response services to loud or unruly gatherings, including those where
alcoholic beverages and controlled substances are served to or consumed
by underage persons.
[Ord. No. 4431 §1, 5-20-2013]
For the purposes of this Article, the following terms shall
have the following meanings:
Any person twenty-one (21) years of age or older.
Any substance containing any form of alcohol including, but
not limited to, ethanol, methanol, propanol and isopropanol.
The same meaning as "intoxicating liquor" as that term is defined in Chapter 600 of the Municipal Code of the City of Brentwood.
The same meaning as that term is defined in Section 195.010
of the Missouri Revised Statutes.
Any person under seventeen (17) years of age.
A party or gathering of two (2) or more underage persons
at or on a residence, other private property or motel room upon which
loud or unruly conduct occurs. Such loud or unruly conduct includes,
but is not limited to:
Excessive noise;
Excessive traffic;
Obstruction of public streets or crowds that have spilled into
public streets;
Public drunkenness, unlawful public consumption or possession
of alcohol or alcoholic beverages by underage persons;
Service to or consumption of alcohol or alcoholic beverages
by any underage person, except as permitted by City Code, State law
or Missouri Constitution;
Assaults, batteries, fights, domestic violence or other disturbances
of the peace;
Vandalism;
Litter; and
Any other conduct which constitutes a threat to public health,
safety, quiet enjoyment of residential property or general welfare.
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A loud or unruly gathering shall constitute a public nuisance
and may be abated by an order of a Police Officer directing the host
or other responsible person to cause all persons in or on said premises
who are not lawful residents thereof to disperse not more than fifteen
(15) minutes after the host or other responsible person receives an
order to do so issued by a Police Officer.
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Any building, group of buildings, structure, facility, place,
or places of business where five (5) or more guest rooms are provided,
which is owned, maintained, or operated by any person and which is
kept, used, maintained, advertised or held out to the public for hire
which can be construed to be a hotel, motel, motor hotel, apartment
hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory,
or other similar place by whatever name called, and includes all such
accommodations operated for hire as lodging establishments for either
transient guests, permanent guests, or for both transient and permanent
guests, and further includes all areas and rooms located therein which
are or may be operated for receptions, parties and meetings.
A home, yard, open field, vacant lot, apartment, condominium
or other dwelling unit or a hall or meeting room, whether occupied
as a dwelling, party or other social function and whether owned, leased,
rented or used with or without compensation.
The costs associated with responses by law enforcement, fire
and other emergency response providers to loud or unruly gatherings
including, but not limited to:
Salaries and benefits of law enforcement, fire or other emergency
response personnel for the amount of time spent responding to, remaining
at or otherwise dealing with loud or unruly gatherings and the administrative
costs attributable to such response(s).
The cost of any medical treatment to or for any law enforcement,
fire or other emergency response personnel injured responding to,
remaining at or leaving the scene of a loud or unruly gathering.
The cost of repairing any city or emergency services equipment
or property damaged and the cost of the use of any such equipment
in responding to, remaining at or leaving the scene of a loud or unruly
gathering.
A person or persons with a right of possession in the residence,
other private property or motel room on which a loud or unruly gathering
is conducted including, but not limited to:
An owner of the residence or other private property, but not
the owner of a motel;
A tenant or lessee of the residence, other private property
or motel room;
The person(s) in charge of the residence, other private property
or motel room; and
The person(s) who organizes, supervises, officiates, conducts
or controls the gathering or any other person(s) accepting responsibility
for such a gathering.
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If a responsible person for the gathering is a juvenile, then
the parents or guardians of that juvenile and the juvenile will be
jointly and severally liable for the response costs incurred pursuant
to this Article. To incur liability for response costs imposed by
this Article, the responsible person for the loud or unruly gathering
need not be present at such gathering resulting in the response giving
rise to the imposition of response costs. This Article therefore imposes
vicarious as well as direct liability upon a responsible person.
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Any person under twenty-one (21) years of age.
[Ord. No. 4431 §1, 5-20-2013]
Every owner, occupant, lessee or holder of any possessory interest
of a residence, other private property or motel room within the City
of Brentwood is required to maintain, manage and supervise the property
and all persons thereon in a manner so as not to violate the provisions
of this Article.
[Ord. No. 4431 §1, 5-20-2013]
A.
Violations.
1.
It shall be unlawful for any responsible person to allow, permit
or host a loud or unruly gathering at a residence, other private property
or motel room. Whenever an adult having control of the residence,
premises or motel room is present at that residence, premises or motel
room at the time an underage person obtains, possesses, or consumes
any alcoholic beverage or controlled substance, it shall be prima
facie evidence that such an adult had the knowledge or should have
had the knowledge that the underage person obtained, possessed or
consumed an alcoholic beverage or controlled substance at the gathering.
2.
No responsible person shall allow a loud or unruly gathering to take
place or continue at said residence, premises or motel room if an
underage person at the party obtains, possesses or consumes any alcoholic
beverages or controlled substances and the responsible person knows
or reasonably should know that the underage person has obtained, possesses
or is consuming alcoholic beverages or controlled substances at the
gathering.
3.
This Article shall not apply to family gatherings at which underage
persons are present and supervised by their parents and/or legal guardians.
[Ord. No. 4431 §1, 5-20-2013]
Any person upon whom a fine is imposed pursuant to section 13-279
shall have the right to appeal the imposition of such fine in the
same manner as provided for other municipal code violations.
[Ord. No. 4431 §1, 5-20-2013]
A.
When
law enforcement, fire or other emergency response provider responds
to a loud or unruly gathering at a residence, other private property
or motel room within the City of Brentwood within a twelve (12) month
period of a warning given to a responsible person for a loud or unruly
gathering, all responsible persons shall be jointly and severally
liable for the response costs for that response and all subsequent
responses during the warning period.
B.
When
a law enforcement, fire or other emergency response provider official
makes an initial response to a loud or unruly gathering at a residence,
other private or motel room property within the City of Brentwood,
the official shall inform any responsible person(s) for the gathering
at the scene that:
C.
Only one (1) warning will be given to a responsible person(s) pursuant to this article before the City of Brentwood assesses response costs pursuant to Section 215.1945. If a responsible person cannot be identified at the scene, the official may issue a warning to one (1) or more persons identified in Section 215.1925 under the definition of "responsible person" and/or subsequently return to the residence, other private property or motel room and issue the warning to a then-present responsible person. Warnings given to responsible persons who do not reside at the residence, other private property or motel room in question shall be delivered by first class and/or certified mail.
[Ord. No. 4431 §1, 5-20-2013]
A.
The amount of response costs shall be deemed a debt owed to the City of Brentwood by the responsible person held liable in Section 215.1945 for the loud or unruly gathering and, if a juvenile, by the juvenile's parents or guardians.
B.
Notice
of the costs for which the responsible person is liable shall be mailed
via first class and/or certified mail within fourteen (14) days of
the response giving rise to such costs. The notice shall contain the
following information:
1.
The name of the person(s) being held liable for the payment of such
costs;
2.
The address of the residence, other private property or motel room
where the loud or unruly gathering occurred;
3.
The date and time of the response;
4.
The law enforcement, fire or emergency service provider who responded;
5.
The date and time of any previous warning given pursuant to Section 215.1945 and/or previous responses to loud or unruly gatherings at the residence, other private property or motel room in question within the previous twelve (12) months; and
6.
An itemized list of the response costs for which the person(s) is
being held liable.
C.
The
responsible person must remit payment of the noticed response costs
to the City Clerk within thirty (30) days of the date of the notice.
Any action to recover such costs will be brought in the name of the
City of Brentwood in the Circuit Court for the County of St. Louis,
Missouri.
D.
In
addition to all other remedies provided for in this Section, if a
responsible person(s) fails to remit the costs assessed hereunder,
said costs shall be certified to the City Clerk who shall cause the
costs to be included in a special tax bill or added to the annual
real estate tax bill, at the collecting official's option, for the
property, and the certified costs shall be collected by the City Collector
or other official collecting taxes in the same manner and procedure
for collecting real estate taxes. Provided, however, that no such
costs shall be added to or collected from the owner of a motel, unless
such owner is otherwise considered to be a responsible person by virtue
of his personal rental of a motel room. If the certified costs are
not paid, the tax bill shall be considered delinquent, and the collection
of the delinquent bill shall be governed by the laws governing delinquent
and back taxes. The tax bill from the date of issuance shall be deemed
a personal debt against the owner and shall also be a lien on the
property until paid.
[Ord. No. 4431 §1, 5-20-2013]
Nothing in this Article shall be construed as a waiver by the
City of Brentwood of any right to seek reimbursement for actual costs
of response services through other legal remedies or procedures. The
procedure provided for in this Article is in addition to any other
statute, ordinance or law, civil or criminal. This Article in no way
limits the authority of peace officers or private citizens to make
arrests for any criminal offense arising out of conduct regulated
by this Article.
[Ord. No. 4431 §1, 5-20-2013]
If any provisions of this Article or its application to any
person or circumstance is held invalid, the invalidity does not affect
other provisions or applications of this Article that can be given
effect without the invalid provision or application and, to this end,
the provisions of this Article are severable.
