Loading...
OR 2006-1134 Alcoholic Beverages or Controlled Substances to Minors ORDINANCE NO. 2006-1134 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9 OF THE COPPELL CITY CODE TO ADD ARTICLE 9-24, SECTIONS 9-24-1 THROUGH 9-24-4, MAKING IT UNLAWFUL FOR PROPERTY OWNERS AND PERSONS IN CONTROL OF A RESIDENCE OR PREMISES TO ALLOW THE PROPERTY TO BE USED FOR A SOCIAL GATHERING WHERE MINORS UNLAWFULLY POSSESS, USE OR CONSUME ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES; PROVIDING FOR PRESUMPTIONS AND DEFENSES; PROVIDING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the City Council of the City of Coppell determines and declares that social gatherings where minors gather to use alcohol and illegal substances are a serious threat to public safety; and WHEREAS , the City Council finds and determines that social gatherings often are the result of a lack of proper supervision by parents and other adults whose property is used as a site for open parties; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 9 of the Coppell Code of Ordinances be and the same is hereby amended by adding Article 9-24, to be entitled “Maintaining a Premises for Consumption of Alcohol or Drugs by Minors,” which shall read as follows: “ARTICLE 9-24. MAINTAINING A PREMISES FOR CONSUMPTION OF ALCOHOL OR DRUGS BY MINORS Sec. 9-24-1. Definitions. For the purposes of this article, the following terms, words, phrases and the derivations thereof shall have the meanings given herein. Alcoholic beverage shall have the meaning ascribed to it by Section 1.04(1), Texas Alcoholic Beverage Code. Controlled substance shall have the meaning ascribed to it by Section §481.002(5) of the Texas Controlled Substances Act, ch. 481, Texas Health & Safety Code. Minor shall mean a person younger than twenty-one (21) years of age. Residence or Premises shall mean: (1) a place where a person abides, lodges, or resides, including but not limited to a house, apartment, condominium, hotel or motel room, or other dwelling unit; or, (2) a hall, meeting room, building, or other place of assembly whether occupied on a temporary or permanent basis or as a dwelling or place for social functions. The terms Residence or Premises includes the curtilage of a dwelling unit and, as used in this article, shall have the foregoing meaning whether owned, leased, rented or used with or without compensation. Social gathering shall mean a gathering for social or recreational entertainment at a residence or premises at which nonfamily or unrelated persons are present Sec. 9-24-2. Offense. It shall be unlawful for any person owning or having possession or control of a residence or premises to allow a social gathering to take place at such residence or premises if an alcoholic beverage or a controlled substance was unlawfully possessed, used or consumed by minors if such person knew or reasonably should have known that such would take place. Sec. 9-24-3. Presumption and Defenses. A. In the prosecution of an offense under this article, it shall be presumed that a person knew or reasonably should have known that a social gathering would take place and that alcoholic beverages or controlled substances would be possessed, used or consumed by minors if that person owned, possessed or was in control of the residence or premises during the preceding year and more than three (3) social gatherings have taken place at that residence or premises in the preceding year, during each of which minors were present and possessed, used or consumed an alcohol beverage or a controlled substance. B. It is a defense to prosecution of an offense under this article if the possession, use or consumption of alcoholic beverages by a minor was in the visible presence of the minor’s adult parent, guardian or spouse, or other adult to whom the minor has been committed by a court, or while in the course and scope of the minor’s employment by a licensee or permittee of the Texas Alcoholic Beverage Commission. C. It is a defense to prosecution of an offense under this article if the person did not know and, through the exercise of reasonable diligence, could not have known that a social gathering would occur. Sec. 9-24-4. Penalty. An offense under this article shall be deemed to be a misdemeanor and, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00) for each offense." SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be and the same are hereby repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City ofCoppell, Texas, this the~~ay of ,2006 ATTEST: . APPROVED AS TO FORM: ~ Robert E. Hager, City Attome (67886 07/02/06) .