It is hereby unlawful for any person under the
legal age ("underage person") to, without legal authority, knowingly
possess or knowingly consume an alcoholic beverage on private property.
No person shall be considered to knowingly possess an alcoholic beverage
merely because he or she is present where alcoholic beverages are
being consumed.
A person under the legal age shall not be prohibited
from:
A. Possessing or consuming an alcoholic beverage in connection
with a religious observance, ceremony, or rite or possessing or consuming
an alcoholic beverage in the presence of or with the written permission
of such person's parent or guardian or relative who has attained the
legal age to purchase or consume alcoholic beverages; or
B. Possessing an alcoholic beverage in the preparation
of food while enrolled in a culinary arts or hotel management program
at a county vocational school or postsecondary educational institution.
Any person who affirmatively requests assistance
from authorities (such as via a 911 call) or from an off-site adult
(such as a parent, guardian or neighboring resident) for the purpose
of seeking aid for a person who is suffering from the effects of alcohol
or otherwise is in need of medical assistance shall not be charged
under this article with underage possession or consumption of alcohol
on private property, as long as assistance is provided as a result
of such request. In an instance where such an affirmative request
for assistance is made, and the person to whom assistance is provided
is under 21, that person also shall not be charged under the article
with underage possession or consumption of alcohol on private property.
Any person who is a resident of a dwelling on
private property and affirmatively requests assistance from authorities
(such as via a 911 call) or from an off-site adult (such as a parent,
guardian or neighboring resident) for the purpose of controlling or
removing nonresidents who are on that property shall not be charged
under this article with underage possession or consumption of alcohol
on private property, as long as assistance is provided as a result
of such request.
As used in this article, the following terms
shall have the meanings indicated:
GUARDIAN
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
RELATIVE
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
A violation by an underage person of this article
shall be punished by a fine of $250 for a first offense and $350 for
any subsequent offense. In addition, the court may, in its discretion,
require the performance of community-related service.
The Chief of Police and the Health Officer will
annually present to the governing body a report on the effectiveness
of this article.