It is the purpose of this bylaw to protect the public interest,
welfare, health and safety within the Town of Walpole by prohibiting
the service to and consumption of alcoholic beverages and drugs by
persons under the age of 21 at private premises located within the
Town. The Walpole Coalition for Alcohol and Drug Awareness 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 person themselves and a threat to public
welfare, health and safety. The Walpole Coalition for Alcohol and
Drug Awareness 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 when there are potential
penalties for violations.
For purposes of this section, the following terms shall be defined
as follows:
ALCOHOLIC BEVERAGE
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.
CONTROL
The authority and ability to regulate, direct, or dominate.
DRUG
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.
OPEN HOUSE PARTY
A social gathering at a residence or other private property
with minors present.
PERSON
A human being and, where appropriate, a public or private
corporation, an unincorporated association or a partnership.
PREMISES
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 includes private functions held at public facilities within
the Town of Walpole.
Any person who owns, rents or otherwise controls any premises
shall be responsible when an open house party takes place at said
premises where that person knows, or has reason to know, that any
alcoholic beverage or drug is being unlawfully possessed, served to
or consumed by persons under the age of 21 at these gatherings at
said premises.
The provisions of this chapter 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 consumption of alcoholic beverages which occurs exclusively by
a person under the age of 21 in the immediate presence of and so directed
or authorized by his/her parent/grandparent or legal guardian.
C. The practice of legally recognized religious observances.
Failure to comply with §
468-3 herein shall constitute a violation of this bylaw punishable by a fine or warning as outlined below. Fines may be assessed at the discretion of the enforcing officer by criminal complaint or by noncriminal disposition in accordance with Chapter
295 of the Town Code.
A. Penalties.
(1) A first violation of this bylaw shall be punishable by a warning
which shall be issued by the Walpole Police Department.
(2) A second violation of this bylaw at the same premises or by the same
person within a twelve-month period shall be punishable by a fine
of $150 plus an administrative recoupment of police expenses dealing
with this violation not exceeding $1,000.
(3) A third or subsequent violation of this bylaw at the same premises
or by the same person within a twelve-month period shall be punishable
by a fine of $300.
B. Enforcement. The enforcement of this bylaw shall be delegated to
the Chief of Police and/or his designee(s), which for the purposes
of this section shall mean any sworn police officer of the Walpole
Police Department.
The fine schedule prescribed at §
468-5 is based upon a "rolling schedule," meaning that in calculating the fine payable, the Town of Walpole shall count backward starting from the date of the most recent violation of this bylaw to determine how many previous violations of said bylaw have taken place at the premises or have been committed by the same person during the statutory twelve-month period. A warning given pursuant to this bylaw 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
bylaw 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 in Wrentham District Court. Assessments
of recoupment costs, if any, shall be by criminal complaint in the
Wrentham District Court.