For the purposes of this Article, the following words and phrases
are defined as follows:
Guardian appointed by court of competent jurisdiction.
Any person under the age of seventeen (17).
The natural or adoptive father or mother, legal guardian
or any other person having the care or custody of a minor child.
Any act or omission by which a parent fails to exercise customary
and effective control over a minor so as to contribute to, cause or
tend to cause a minor to commit any offense.
A.
It
shall be unlawful for any person seventeen (17) years of age or younger
to be in or upon any public place or way within the City of Crystal
Lake Park between the hours of 11:00 P.M. and 6:00 A.M. of the following
day, official City time, except on Fridays and Saturdays when the
hours shall be 12:00 Midnight to 6:00 A.M. of the following day, official
City time. The provisions of this Section shall not apply to any such
persons accompanied by a parent or guardian, to any such person upon
an errand or other legitimate business directed by such person's parent
or guardian, to any such person who is engaged in gainful, lawful
employment during said time period, or who is returning or in route
to said employment, or to any such person who is attending or in route
to or from any organized religious or school activity.
B.
Responsibility Of Parent. The parent, guardian or other
adult person having the care and custody of a person under the age
of seventeen (17) years shall not knowingly permit such person to
violate this Section.
C.
Notice To Parent. Any Police Officer finding any person
under the age of seventeen (17) years violating the provisions of
this Section shall warn such person to desist immediately from such
violation and shall promptly report the violation to his/her superior
officer, who shall cause a written notice to be served upon the parent,
guardian or person in charge of such person, setting forth the manner
in which this Section has been violated. Any parent, guardian or person
in charge of such person who shall knowingly permit such person to
violate the provisions of this Section, after receiving notice of
the first (1st) violation, shall be guilty of an offense.
D.
Service Of Notice. The written notice provided in Subsection (D) may be served by leaving a copy thereof at the residence of such parent, guardian or person in charge of the person in violation of this Section, with any person found at such residence over the age of seventeen (17) years, or by mailing such notice to the last-known address of such parent, guardian or person in charge of such person, wherever such person may be found.
A.
Whenever
a minor shall be arrested or detained for the commission of any criminal
act within the City, the Police Department shall, as soon as possible
thereafter, deliver written notice to the minor's parent of the arrest
or detention, and such notice shall advise the parent of his/her responsibility
under this Section. The notice shall be in such a form as to be signed
by the notified parent signifying receipt thereof. If the parent refuses
to sign said notice, the notifying Police Officer shall indicate such
refusal on the notice.
B.
No parent shall fail to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any criminal act. Written parental notice as defined in Subsection (A) of this Section shall be prima facie evidence of parental neglect if the minor commits a second (2nd) or successive violation of any criminal act.
C.
Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be subject to imprisonment for not more than ninety (90) days and/or a fine of not less than one hundred dollars ($100.00) for the first (1st) violation, not less than two hundred dollars ($200.00) for a second (2nd) violation, and not less than five hundred dollars ($500.00) for any successive violation. In addition, the court may, as a condition of any probation granted to any parent found guilty of violating Subsection (B) of this Section, order the defendant to make restitution to any person who has been damaged by the misconduct of the minor in an amount not to exceed two thousand dollars ($2,000.00).
A.
ALCOHOLIC BEVERAGE
CONTROLLED SUBSTANCE
DELIVERY OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES
MINOR
PARENT
PARTY, GATHERING or EVENT
PERSON IN CONTROL OF THE PREMISES
PRACTITIONER
Definitions. For purposes of this Section, the following
definitions shall apply:
Any intoxicating liquor as defined in Chapters 311 and 312,
RSMo.
Any drug, substance or immediate precursor defined or described
as such in Section 195.010, RSMo., and as amended.
The gift, exchange or the making readily available of an
alcoholic beverage or controlled substance.
Any person under twenty-one (21) years of age.
The natural (or adoptive) parent, the guardian, or an adult
designee of either of them.
The assemblage or group of persons for a social occasion
or activity.
An adult who owns, leases, or is otherwise the lawful occupant
or supervisor of any premises, or the adult designee of the same.
Any professional or other person as defined in Section 195.010,
RSMo., and as amended.
B.
No
person shall knowingly permit, on or within any premises under his/her
control or ownership within the City, the consumption of alcoholic
beverages or the use of controlled substances by a minor; excepting
only:
1.
The delivery to or consumption of alcoholic beverages by a minor
in connection with any bona fide religious service or observance under
the direct supervision of an adult, with the consent of the owner
or person in control of the premises, and with the express consent
of said minor's parent for that particular occasion and at that particular
premises;
2.
The delivery to or consumption of alcoholic beverages by a minor
pursuant to the express consent of said minor's parent for that particular
occasion and at that particular premises; and
3.
The possession or use by a minor of a controlled substance lawfully
prescribed by a practitioner and pursuant to the express consent of
the minor's parent for that particular substance pursuant to the directions
of said practitioner.
C.
No
person owning, in control of or in supervision over any premises shall
knowingly permit alcoholic beverages or controlled substances to be
in the possession of or to be used by minors at or within said premises.
D.
No person shall rent any premises, room or other portion of a building or grounds to a minor or to an adult when it is reasonably certain that minors may utilize said premises for a gathering at which alcoholic beverages or controlled substances will be in the possession of or used by minors, in any manner prohibited by above Subsection (B).
E.
Any
person in ownership of, control of or supervision over any premises
at which alcoholic beverages or controlled substances are in the possession
of or are being used by minors shall cause all such minors in or about
the premises to disperse within fifteen (15) minutes of being so directed
by a City Police Officer.
[Ord. No. 466 §1, 11-14-2011]
A.
Legislative Findings. The Board of Aldermen of the City
of Crystal Lake Park finds as follows:
1.
The City of Crystal Lake Park, 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 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 and general welfare;
3.
Underage persons often obtain alcoholic beverages and controlled
substances at gatherings held at private residences or at rented residential
premises 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
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 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;
and
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
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, 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.
B.
Purposes. The purposes of this Section 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 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.
C.
ADULT
ALCOHOL
ALCOHOLIC BEVERAGE
CONTROLLED SUBSTANCES
JUVENILE
LOUD OR UNRULY GATHERING
1.
2.
3.
4.
5.
6.
7.
8.
9.
RESIDENCE OR OTHER PRIVATE PROPERTY
RESPONSE COSTS
1.
2.
3.
RESPONSIBLE PERSON
1.
2.
3.
4.
UNDERAGE PERSON
Definitions. For
the purposes of this Section, the following terms shall have the following
meanings:
Any person twenty-one (21) years of age or older.
Any substance containing any form of alcohol including, but
not limited to, ethanol, methanol, propanol and isopropanol.
The same meaning as "intoxicating liquor" as defined in Chapters
311 and 312, RSMo., as amended.
Any drug, substance or immediate precursor defined or described
as such in Section 195.010, RSMo., as amended.
Any person under seventeen (17) years of age.
A party or gathering of two (2) or more underage persons
at or on a residence or other private property at which loud or unruly
conduct occurs. Such loud or unruly conduct may include, but is not
limited to:
Excessive noise;
Excessive traffic;
Obstruction of public streets or crowds that have spilled into
public streets;
Public drunkenness, unlawful public consumption or possession
of alcohol or alcoholic beverages by underage persons;
Service to or consumption of alcohol or alcoholic beverages
by any underage person, except as permitted by City Code, State law
or Missouri Constitution;
Assaults, batteries, fights, domestic violence or other disturbances
of the peace;
Vandalism;
Litter; and
Any other conduct which constitutes a threat to public health,
safety, quiet enjoyment of residential property or general welfare.
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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.
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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.
The costs associated with responses by law enforcement, fire
and other emergency response providers to loud or unruly gatherings
including, but not limited to:
Salaries and benefits of law enforcement, fire or other emergency
response personnel required 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);
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;
and
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.
A person or persons with a right of possession in the residence
or other private property on which a loud or unruly gathering is conducted,
including, but not limited to:
An owner of the residence or other private property;
A tenant or lessee of the residence or other private property;
The person(s) in charge of the residence or other private property;
and
The person(s) who organizes, supervises, officiates, conducts
or controls the gathering, or any other person(s) accepting responsibility
for such a gathering.
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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 Section. To incur liability for response costs, the responsible
person for the loud or unruly gathering need not be present at the
gathering giving rise to the necessary response and the imposition
of response costs. This Section therefore imposes vicarious as well
as direct liability upon a responsible person.
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Any person under twenty-one (21) years of age.
D.
Responsibility For Proper Management Of Property. Every
owner, occupant, lessee, or holder of any possessory interest of a
residence or other private property within the City of Crystal Lake
Park 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 Section.
E.
Violations And Penalties.
1.
It shall be unlawful for any responsible person to allow, permit,
or host a loud or unruly gathering at a residence or other private
property. Whenever an adult having control of the residence or premises
is present at that residence or premises 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 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 a residence or premises 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 Section shall not apply to family gatherings at which underage
persons are present and supervised by their parents and/or legal guardians.
F.
Appeals. Any person upon whom a fine is imposed pursuant to Subsection (E) shall have the right to appeal the imposition of such fine in the manner as provided for in Sections 125.210 and 125.220 of the Crystal Lake Park City Code.
G.
Recovery Of Response Costs.
1.
When law enforcement, fire, or other emergency response provider
responds to a loud or unruly gathering at a residence or other private
property within the City 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.
2.
When a law enforcement, fire, or other emergency response provider
official makes an initial response to a loud or unruly gathering at
a residence or other private property within the City, the official
shall inform any responsible person(s) for the gathering at the scene
that:
3.
Only one (1) warning will be given to a responsible person(s) pursuant to this Section before the City assesses response costs pursuant to Subsection (H) of this Section. If a responsible person cannot be identified at the scene, the official may issue a warning to one (1) or more persons identified pursuant to the definition of "responsible person" and/or subsequently return to the residence or other private property and issue the warning to a then-present responsible person. Warnings given to responsible persons who do not reside at the residence or other private property in question shall be delivered by first class and/or certified mail.
H.
Billing And Collection.
1.
The amount of response costs shall be deemed a debt owed to the City by the responsible person held liable in Subsection (G) of this Section for the loud or unruly gathering and, if a juvenile, by the juvenile's parents or guardians.
2.
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:
a.
The name of the person(s) being held liable for the payment of such
costs;
b.
The address of the residence or other private property where the
loud or unruly gathering occurred;
c.
The date and time of the response;
d.
The law enforcement, fire or emergency service provider who responded;
e.
The date and time of any previous warning given pursuant to Subsection (G) of this Section and/or previous responses to loud or unruly gatherings at the residence or other private property in question within the previous twelve (12) months; and
f.
An itemized list of the response costs for which the person(s) is
being held liable.
3.
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 in the Circuit Court for the County of St. Louis, Missouri.
4.
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. 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.
I.
Reservation Of Legal Options. Nothing in this Section shall
be construed as a waiver by the City of Crystal Lake Park of any right
to seek reimbursement for actual costs of response services through
other legal remedies or procedures. The procedure provided for in
this Section is in addition to any other Statute, ordinance or law,
civil or criminal. This Section in no way limits the authority of
the Police or private citizens to make arrests for any criminal offenses
arising out of conduct regulated by this Section.
