[Adopted 10-15-2013 by Ord. No. 254-2013]
It is the purpose of this article to protect the public interest,
welfare, health and safety within the City of Fitchburg by prohibiting
the services to and consumption of alcoholic beverages and drugs by
persons under the age of 21 at private premises located within the
City. The City Council finds that the occurrence of social gatherings
at private premises where alcoholic beverages or drugs are served
to or consumed by persons under the age of 21 is harmful to such persons
themselves and a threat to public welfare, health and safety. The
City Council finds further that persons under the age of 21 often
obtain alcoholic beverages or drugs at such gatherings and that persons
who rent, own or otherwise control the premises at which such service
and/or consumption is occurring will be more likely to ensure that
alcoholic beverages and drugs are neither served to nor consumed by
persons under the age of 21 at these gatherings.
For purposes of this article, the following terms shall be defined
as follows:
Any liquor, wine, beer, spirits, cider or other liquid or
solid, patented or not, composed of or containing alcohol or spirits,
whether or not brewed, fermented or distilled, and capable of being
consumed by a person.
The authority and ability to regulate, direct, or dominate.
Any substances recognized as drugs in the official United
States Pharmacopeia of the United States, or official National Formulary,
or any supplement to any of them; or any substances intended for use
in the diagnosis, cure, mitigation, treatment, or prevention of disease
in man or animals; or any substances, other than food, intended to
affect the structure or any function of the body of man and animals.
The substance defined as marijuana in MGL c. 94G, § 1(g),
and MGL c. 94C, § 1, as the same may be amended from time
to time.
[Added 4-3-2018 by Ord. No. 036-2018]
A social gathering at a residence or other private property
with minors present.
A human being and, where appropriate, a public or private
corporation, an unincorporated association or a partnership.
A home, yard, apartment, condominium, hotel or motel room,
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 term "premises"
shall also include private functions held at public facilities within
the City of Fitchburg.
A.
It is unlawful for any person to host or allow an event or gathering
at any residence or premises or on any other private or public property
where drugs, marijuana, alcohol or alcoholic beverages are present,
when the person knows or reasonably should know that an underage person
will or does consume any drugs, marijuana, alcohol or alcoholic beverage,
or possess any drugs, marijuana, alcohol or alcoholic beverage with
the intent to consume it, and the person fails to take reasonable
steps to prevent possession or consumption by the underage person.
[Amended 4-3-2018 by Ord. No.
037-2018]
B.
A person shall be deemed in violation of this article if the person
intentionally aides, advises, hires, counsels or conspires with or
otherwise procures another to commit the prohibited act.
C.
A person who hosts an event or gathering does not have to be physically
present at the event or gathering to be found responsible.
The provisions of this article shall not apply to:
A.
The possession or consumption of a drug for which the individual
has a current, valid prescription or as otherwise permitted by any
other applicable law;
B.
The use of alcoholic beverages which occurs exclusively between a
person under the age of 21 and his or her parent or legal guardian;
and
[Amended 6-3-2014 by Ord. No. 100-2014]
C.
The practice of legally recognized religious observances.
Failure to comply with § 132-64 above shall constitute a violation of this article punishable by a fine as outlined below:
A.
Fines.
(1)
A first violation of this article shall be punishable by a warning,
which shall be issued by the Chief of the Fitchburg Police Department.
(2)
A second violation of this article at the same premises or by the
same person within a twelve-month period shall be punishable by a
fine of $300.
(3)
A third or subsequent violation of this article at the same premises
or by the same person within a twelve-month period shall be punishable
by a fine of $600.
The fine schedule prescribed at § 132-66 is based upon a rolling schedule, meaning that, in calculating the fine payable, the Police Chief or City Solicitor shall count backward starting from the date of the most recent violation of this article to determine how many previous violations of said article have taken place at the premises or been committed by the same person during the statutory twelve-month period. A warning given pursuant to this article shall remain in effect for the premises until a full twelve-month period has elapsed during which there has been no response to the premises.
Any person upon whom is imposed a fine/penalty pursuant to this
article shall have the right to appeal the imposition of such fine/penalty
in a noncriminal proceeding by making a written request within 21
days to the Clerk Magistrate for the Fitchburg District Court.
A.
If any part or provision of this article is inconsistent with any
federal or state statute, law, rule or regulation, then such statute,
law, rule or regulation shall prevail.
B.
If any part or provision of this article or the applicability thereof
to any person or circumstance be adjudged invalid by a court of competent
jurisdiction, such judgment shall be confined in its operation to
the part or provision of or application directly involved in the controversy
in which such judgment shall have been rendered and shall not affect
or impair the validity of the remainder of this article or the application
thereof to other persons or circumstances.
