BILL NO.        0394                                                                          ORDINANCE NO.      09-10

 

AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE II: PUBLIC HEALTH, SAFETY AND WELFARE, CHAPTER 210: OFFENSES AND MISCELLANEOUS PROVISIONS, BY DELETING ARTICLE X. RECOVERY OF COSTS AT LARGE EVENTS ON PRIVATE PROPERTY, AND ADDING A NEW ARTICLE X. RECOVERY OF COSTS AT LOUD OR UNRULY GATHERINGS ON PRIVATE PROPERTY.

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BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

 

      SECTION 1:  The Municipal Code of the City of Clarkson Valley, Missouri, is hereby amended in TITLE II:  PUBLIC HEALTH, SAFETY AND WELFARE, by deleting Article X. Recovery of Costs for use of Police Services at Large Events on Private Property and adding a new Article X. Recovery of Costs at Loud or Unruly Gatherings on Private Property.

 

SECTION 210.460:   CITATION OF ARTICLE

 

This Article may be cited as the City of Clarkson Valley Second Response Ordinance. 

 

SECTION 210.470:   DEFINITIONS

 

For the purposes of this Article, the following definitions shall apply:

 

ALCOHOLIC BEVERAGE:  The same meaning as “alcoholic beverage” as that term is defined in Chapter 342 of the Municipal Code of the City of Clarkson Valley.

 

CONTROLLED SUBSTANCES:  Includes “controlled substances” as defined in and enumerated by authority of the Controlled Substances Act.

 

CONTROLLED SUBSTANCES ACT:  Chapter 195, RSMo., in effect upon the passage of this Section.

 

JUVENILE:  Any person under seventeen (17) years of age.

 

LOUD OR UNRULY GATHERING:  A party or gathering of persons at or on a residence or other private property upon which loud or unruly conduct occurs.  Such loud or unruly conduct includes but is not limited to:

 

1.      Excessive noise;

 

2.      Excessive and/or restrictive traffic (Chapter 355 of the Municipal Code of the City of Clarkson Valley);

 

3.      Obstruction of public streets or crowds that have spilled into public streets;

 

4.      Public drunkenness, unlawful public consumption or possession of alcohol or alcoholic beverages by underage persons;

 

5.      Service to or consumption of alcohol or alcoholic beverages by any underage person, except as permitted by City Code, State law or Missouri Constitution;

 

6.      Assaults, batteries, fights, domestic violence or other disturbances of the peace;

 

7.      Vandalism;

 

8.      Litter; and

 

9.      Any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare

 

PERSON RESPONSIBLE FOR THE EVENT:  The person who owns the property where the party, gathering or event takes place and/or the person in charge of the premises and/or the person who organized the event.  If the person responsible for the event is a minor, then the parents or guardians of that minor will be jointly and severally liable for the costs incurred for police services.

 

RESPONSE COSTS:  The costs associated with responses by law enforcement, fire and other emergency response providers to loud or unruly gatherings including, but not limited to:

 

1.      Salaries and benefits of law enforcement, fire or other emergency response personnel 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).

 

2.      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.

 

RESPONSIBLE PERSON:  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:

     

1.      An owner of the residence or other private property;

 

2.      A tenant or lessee of the residence or other private property;

 

3.      The person(s) in charge of the residence or other private property; and

 

4.      The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering.

 

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 Article.  To incur liability for response costs imposed by this Article, the responsible person for the loud or unruly gathering need not be present at such gathering resulting in the response giving rise to the imposition of response costs.  This Article therefore imposes vicarious as well as direct liability upon a responsible person.

 

UNDERAGE PERSON:  Any person under twenty-one (21) years of age.

 

SECTION 210.475:   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 Clarkson Valley 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 Article.

 

SECTION 210.480:   VIOLATIONS AND PENALTIES

A.  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.  Such gathering 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.  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 the knowledge that the underage person obtained, possessed or consumed an alcoholic beverage or controlled substance at the gathering.

No responsible person shall allow a loud or unruly gathering to take place or continue at said 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.

B.   Fines:  A fine may be imposed up to the maximum amount provided for in Section 100.100 of the Code for any violation of this Article.

C.  The fines imposed pursuant to Subsection (B) are in addition to any response costs that may be assessed pursuant to this Article.

 

SECTION 210.490:   RECOVERY OF RESPONSE COSTS

 

A.     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 of Clarkson Valley 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.

 

B.     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 of Clarkson Valley, the official shall inform any responsible person(s) for the gathering at the scene that:

 

1.      The official has determined that a loud or unruly gathering exists; and

 

2.   Responsible person(s) will be charged for any response costs required for subsequent responses to the scene for a loud or unruly gathering within a twelve (12) month period involving the same responsible person(s).

 

C.     Only one (1) warning will be given to a responsible person(s) pursuant to this Article before the City of Clarkson Valley assesses response costs pursuant to 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 in Section 210.470 under 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.  If the owner, tenant and/or lessee of the residence is not present, a warning letter shall be delivered by first class and/or certified mail to this person.

 

SECTION 210.500:   BILLING AND COLLECTION

 

A.  The amount of response costs shall be deemed a debt owed to the City of Clarkson Valley by the responsible person held liable in Section 210.490 for the loud or unruly gathering and, if a juvenile, by the juvenile’s parents or guardians.

 

B.   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:

 

1.      The name of the person(s) being held liable for the payment of such costs;

 

2.      The address of the residence or other private property where the loud or unruly gathering occurred;

 

3.      The date and time of the response;

 

4.      The law enforcement, fire or emergency service provider who responded;

 

5.      The date and time of any previous warning given pursuant to this Article 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

 

6.      An itemized list of the response costs for which the person(s) is being held liable.

 

C.  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 of Clarkson Valley in Circuit Court for the County of St. Louis, Missouri.

 

D.  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.

 

SECTION 2:  All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed and held for naught.

            SECTION 3:  Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any Court, or any right acquired or liability incurred, or any cause or causes of action acquired or existing under any act or Ordinance hereby amended.

            SECTION 4:  Except as amended herein, Title II of the Municipal Code, City of Clarkson Valley, Missouri, shall be and will remain in full force and effect.

            SECTION 5:  This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.

            PRESENTED, APPROVED AND PASSED BY A MAJORITY OF THE BOARD OF ALDERMEN this 1st day of September 2009.