City of Brentwood, MO
St. Louis County
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Table of Contents
Table of Contents
[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:
ADULT
Any person twenty-one (21) years of age or older.
ALCOHOL
Any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol and isopropanol.
ALCOHOLIC BEVERAGE
The same meaning as "intoxicating liquor" as that term is defined in Chapter 600 of the Municipal Code of the City of Brentwood.
CONTROLLED SUBSTANCES
The same meaning as that term is defined in Section 195.010 of the Missouri Revised Statutes.
JUVENILE
Any person under seventeen (17) years of age.
LOUD OR UNRULY GATHERING
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:
1. 
Excessive noise;
2. 
Excessive traffic;
3. 
Obstruction of public streets or crowds that have spilled into public streets;
4. 
Public drunkenness, unlawful public consumption or possession of alcohol or alcoholic beverages by underage persons;
5. 
Service to or consumption of alcohol or alcoholic beverages by any underage person, except as permitted by City Code, State law or Missouri Constitution;
6. 
Assaults, batteries, fights, domestic violence or other disturbances of the peace;
7. 
Vandalism;
8. 
Litter; and
9. 
Any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare.
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.
MOTEL ROOM
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.
RESIDENCE OR OTHER PRIVATE PROPERTY
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.
RESPONSE COSTS
The costs associated with responses by law enforcement, fire and other emergency response providers to loud or unruly gatherings including, but not limited to:
1. 
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).
2. 
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.
3. 
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.
RESPONSIBLE PERSON
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:
1. 
An owner of the residence or other private property, but not the owner of a motel;
2. 
A tenant or lessee of the residence, other private property or motel room;
3. 
The person(s) in charge of the residence, other private property or motel room; and
4. 
The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering.
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.
UNDERAGE PERSON
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.
B. 
Fines. A fine may be imposed up to the maximum amount provided for in Section 100.080 of the Brentwood City Code for any violation of this Article.
C. 
The fines imposed pursuant to Subsection (B) are in addition to any response costs that may be assessed pursuant to this Article.
[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:
1. 
The official has determined that a loud or unruly gathering exists; and
2. 
Responsible person(s) will be charged for any response costs required for subsequent responses to the scene for a loud or unruly gathering within a twelve (12) month period involving the same responsible person(s).
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.