It is hereby unlawful for any person under the legal age ("underage
person") who, without legal authority, knowingly possesses or knowingly
consumes 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 the
following:
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.
B. The possession of an alcoholic beverage in the preparation of food
while enrolled in a culinary arts or hotel management program at a
county vocational school or post secondary 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 this 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.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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.