Ballwin |
Code of Ordinances |
Chapter 17. OFFENSES AND MISCELLANEOUS PROVISIONS |
Article III. OFFENSES AGAINST PUBLIC HEALTH AND SAFETY |
Division 1. GENERALLY |
§ 17-73. Failure to supervise minor.
(a)
Definitions. For the purpose of this section, the following definitions shall apply:
Alcoholic beverages. Any beverage constituting intoxicating liquor, light wines, malt liquor or non-intoxicating beer, as those terms are defined in chapter 3 of this Code.
Controlled substance. Any drug, substance or immediate precursor defined or described as such in Section 195.010, RSMo. (2000) as may be amended or revised from time to time.
Delivery of alcoholic beverages or controlled substances. The gift or exchange of an alcoholic beverage or controlled substance from one person to another.
Minor. Any person under the age of 21 years.
Parent. A natural or adoptive parent, or a guardian, or the adult designee of either of them.
Party, gathering or event. An assemblage or a group of persons for a social occasion or for a social activity.
Person in control of the premises. An adult who owns, leases, rents or is otherwise the lawful occupant of any premises or the adult designee thereof.
Practitioner. Any medical professional or other person as defined or described in Section 195.010, RSMo. (2000) as may be amended or revised from time to time.
(b)
Use of premises for consumption of alcoholic beverages or controlled substances. It shall be unlawful for any person to knowingly or negligently permit, allow or host, on or in a premises under his or her control, the consumption of alcoholic beverages or controlled substances by a minor; except that this section shall not apply to the following:
(1)
The delivery of alcoholic beverages to a minor or the consumption of alcoholic beverages by a minor in connection with the performance of any bona fide religious service under the supervision of an adult, with the consent of the person in control of the premises.
(2)
The delivery of an alcoholic beverage to a minor by that minor's parent and under the direct supervision of the parent.
(3)
The possession or consumption of or the delivery to a minor of a controlled substance prescribed for that minor by a practitioner when such delivery by that minor's parent or by the person in control of the premises, provided that he or she has obtained the prior consent of that minor's parent.
(c)
Rental of a premises. It shall be unlawful for any owner, agent, employee or contractor thereof to rent any room, rooms, apartment or any building or portion of a building to a minor or to any adult when it is reasonably foreseeable that said adult, or his or her adult designee, will leave the said premises or reasonably foreseeable that said premises may be used for a gathering at which alcoholic beverages or controlled substances may be in possession of or consumed by minors except as otherwise provided in this chapter.
(d)
Duty to disperse—Police services, fees for police services.
(1)
Any person in control of a premises at which alcoholic beverages or controlled substances are in the possession of or are being consumed by minors, or his or her adult designee, shall cause all persons in or on said premises who are not lawful residents thereof to disperse not more than 15 minutes after personally receiving an order to do so issued by a peace officer.
(2)
When a party, gathering or event occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person or persons responsible for the party, gathering or event will be held liable for the cost of providing police services during a second or follow-up response by the police after a first warning to the person or persons responsible for the party, gathering or event. The second or follow-up response may also result in the arrest and/or citation of violators pursuant to state law or other provisions of this Code.
(3)
The police services fee shall include the cost of personnel and equipment but shall not exceed $500.00 for a single incident provided, however, that the city does not waive its right to seek reimbursement for actual costs exceeding $500.00 through other legal remedies. The amount of such fees shall be deemed a debt owed to the city by the person responsible for the party, gathering or event. If such persons are minors, their parents or guardians shall be responsible for such debt. Any person owing such fees to the city shall be liable in an action brought in the name of the city for recovery of such fees, including reasonable attorney's fees.
(e)
Penalty. Any person or persons convicted of violating the provisions of this section shall be fined an amount not to exceed $500.00 for each offense; except that for third and subsequent violations by the same person or persons, the fine shall not be less than $1,000.00 for each offense.
(Ord. No. 17-03, § 1, 2-13-17)