For the purposes of this chapter, the following definitions shall apply:
ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes or other consumption either alone or when diluted, mixed, or combined with other substances.
EMERGENCY RESPONSE COSTS. The cost to the city to provide law enforcement, fire, or other emergency response provider personnel to respond to an unruly gathering and any equipment used or damaged in connection with the response.
JUVENILE. Any person under 18 years of age.
PRIVATE PROPERTY. Shall mean, but is not limited to, a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, during party or other social function, and whether owned, leased, rented, or used with or without compensation.
RESPONSIBLE PERSON. A person or persons with a right of possession of the residence or other private property at which an unruly gathering is conducted. A RESPONSIBLE PERSON need not be present at such gathering and prior knowledge of the unruly gathering is not a prerequisite to a finding that any specific individual is a RESPONSIBLE PERSON as defined by this section. This chapter therefore imposes vicarious as well as direct liability upon RESPONSIBLE PERSONS. A RESPONSIBLE PERSON includes, but is not limited to:
(1) Owner(s) and/or lessee(s) of the property where an unruly gathering is taking place, including the record owner of the title to property, wherever that person or entity may currently reside;
(2) Person(s) hosting an unruly gathering;
(3) Person(s) receiving money or other consideration for granting access to an unruly gathering;
(4) Parent(s) or legal guardian(s) of a juvenile who is also a RESPONSIBLE PERSON;
(5) Tenant of the residence or other private property; and
(6) Person(s) in charge of the private property.
UNDERAGE PERSON. Any person under 21 years of age.
UNRULY GATHERING. A party, event or gathering where four or more underage persons are present at a private property in which alcoholic beverages are being consumed or possessed by any underage person and upon which unruly conduct occurs. Illustrative of such unruly conduct is excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, assaults, batteries, fights, or other disturbances of
peace, vandalism, litter, and any other conduct which constitute a threat to peace, public health, safety, quiet enjoyment of residential property or general welfare.
(Ord. 12-06, passed 5-15-2012)