A. Definitions: The terms used in this chapter have the meaning expressly provided herein.
ADULT: Any person over the age of twenty-one (21) years.
ALCOHOLIC BEVERAGE: Any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one (1) or more alcoholic beverages. Alcoholic beverage includes a mixture of one or more alcoholic beverages whether found or ingested separately or as a mixture.
CONTROLLED SUBSTANCE: A drug or substance the possession and use of which is regulated under the federal controlled substances act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.
FAMILY GATHERING: A gathering where each underage person present is directly supervised by his or her parent or legal guardian.
LEGAL GUARDIAN: A person who is lawfully vested with the power and charged with the duty of taking care of an underage person.
PARENT: Any person who is a natural parent, an adoptive parent, a foster parent, or a step-parent.
PRIVATE RESIDENCE OR OTHER PRIVATE PROPERTY: A home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation, including contiguous properties, and/or any buildings, structures or other improvements situated thereon or affixed thereto.
REASONABLE COSTS: The salaries of the responding Police Officers, Fire personnel or other Village emergency personnel, at the salary then in effect for each classification of each individual officer or fireman, for the amount of time actually spent in responding to or remaining at the party, or investigating the gathering or event; appropriate overhead; the actual cost of any medical treatment to injured officers; the cost of repairing any damaged Village equipment or property, the cost of towed vehicles, the cost of Fire Department vehicle response, and the cost of court overtime associated directly with the incident.
RESPONSIBLE PERSON: A person or persons with a right of possession in the private residence or other private property on which an underage or unruly gathering is conducted, including, but not limited to:
a. The person who owns, rents, leases or otherwise has direct control of the premises where the underage or unruly gathering occurs;
b. A tenant or lessee of the residence or other private property;
c. Any other person in charge of the private residence or other private property; and
d. The person who organizes or supervises or conducts the event or any other person(s) accepting responsibility for such a gathering.
UNDERAGE PERSON: Any person under the age of twenty-one (21) years.
a. An "underage gathering" means a party or gathering of two (2) or more persons at a private residence or other private property at which alcoholic beverages are being furnished to, consumed by, or in possession of any underage person.
b. An "unruly gathering" means a party or gathering of two (2) or more persons at a private residence or other private property where conduct is occurring that constitutes a substantial disturbance of the quiet enjoyment of private or public property. Such conduct includes but is not limited to:
i. Unlawful consumption of alcohol or alcoholic beverages;
ii. Use of a controlled substance by any person at the gathering;
iii. Excessive noise as defined by § 9.08.060;
iv. Excessive traffic that is significantly in excess of the normal amount of pedestrian and vehicle traffic for the zoning district;
v. Obstruction of public streets and/or the presence of unruly crowds that have spilled into public streets;
vi. Assaults, batteries, fights, domestic violence, sexual assault, or other disturbances of the peace;
vii. Vandalism;
viii. Litter; or
ix. Any other conduct which constitutes a threat to the public health, safety, quiet enjoyment of residential property or the general welfare.
An unruly gathering shall constitute a public nuisance.
B. Violations:
1. It shall be a petty misdemeanor for any responsible person to conduct, aid, allow, permit, or condone an underage or unruly gathering, at any private residence, other private property, public place, or any place open to the public.
2. This section shall not apply to conduct involving the serving of alcoholic beverages that occurs exclusively between an underage person and his or her parent or legal guardian, as permitted by New Mexico state statute, 60-7B-1, NMSA 1978.
C. Mandatory Penalties:
1. First violation: two hundred and fifty dollar ($250.00) fine.
2. Second offense within twelve (12) months: five hundred dollar ($500.00) fine.
3. Third and any subsequent offense within twelve (12) months: five hundred dollar ($500.00) and/or ninety (90) days jail.
D. Recovery Of Response Costs:
1. When the police department, fire department and/or other Village emergency responder responds to a Social Host Ordinance violation with a given address in the Village, the responsible persons in direct control of those premises remains responsible for, jointly and severally liable for the Village's reasonable costs for that response.
2. These costs are wholly separate from any other penalties imposed for a violation of this Section. The Village may pursue to recover these costs under a separate action as permitted by law.
(Ord. 404, 8-13-2019)