ASAP Logo2

 

Social Host Ordinance

JOINT ORDINANCE

CITY OF WINCHESTER, KENTUCKY ORDINANCE NO. 7-2010

CLARK COUNTY, KENTUCKY, ORDINANCE NO. 2010-7

 

SUMMARY

AN ORDINANCE ENACTED JOINTLY BY CLARK COUNTY/CITY OF WINCHESTER, KENTUCKY RELATING TO UNSUPERVISED PARTIES IMPOSING LIABILITY ON SOCIAL HOSTS WHO ALLOW MINORS TO OBTAIN, POSSESS, OR CONSUME ALCOHOLIC BEVERAGES AT PARTIES,

A COMPLETE COPY OF THE ORDINANCE IS AVAILABLE FOR INSPECTION IN THE OFFICE OF THE CITY CLERK OR CLARK COUNTY CLERK

 

  I hereby certify that the foregoing is an accurate summary of the contents of the Ordinance.

 

/s/ William A. Dykeman

__________________________________

William A. Dykeman, City Attorney

    

    

JOINT ORDINANCE
CITY OF WINCHESTER, KENTUCKY ORDINANCE NO. 7-2010
CLARK COUNTY, KENTUCKY, ORDINANCE NO. 2010-7

AN ORDINANCE ENACTED JOINTLY BY CLARK COUNTY/CITY OF WINCHESTER, KENTUCKY RELATING TO

UNSUPERVISED PARTIES IMPOSING LIABILITY ON SOCIAL
HOSTS WHO ALLOW MINORS TO OBTAIN, POSSESS, OR
CONSUME ALCOHOLIC BEVERAGES AT PARTIES

  WHEREAS, Clark County/City of Winchester, Kentucky (the “County” and “City”) find that unsupervised parties on private property where alcohol is consumed by minors is illegal and is harmful to the minors themselves and to the communities where such parties are held; and

  WHEREAS, police ability to abate gatherings where alcohol is consumed by minors on private property will result in a decrease of abuse of alcohol and/or controlled substances by minors, physical altercations and injuries, neighborhood vandalism,  excessive noise disturbance and intoxicated drivers thereby improving public safety; and

  WHEREAS, problems associated with such gatherings are difficult to resolve unless law enforcement has the legal authority to direct the host to dispense the group; and

  WHEREAS, control of large parties, gatherings, or events on private property where minors are consuming alcohol is necessary since such activity is illegal and many times is determined to be a threat to the peace, health, safety, or general welfare of the public; and

  WHEREAS, the County and City find and declare that the purpose of this Ordinance is to protect public health, safety, and general welfare and to enforce laws prohibiting consumption of alcohol by minors; and

  WHEREAS, the necessity for law enforcement officials to appear at the location of such parties, gatherings or other events constitutes a burden on the personnel and other resources of local government, often reducing, at least temporarily, the level of police protection available to other areas of the community; and

  WHEREAS, statutes enacted by the Commonwealth of Kentucky do not preempt imposing civil liability for the purposes of cost recovery upon persons who allow premises under their control to be used for underage drinking or possession of controlled substances; and

  WHEREAS, the consumption of alcohol and illicit drugs by minors is harmful to the health, safety and welfare of the community, and imposing both criminal and civil liability on adults permitting such conduct is an effective means to prevent consumption of alcohol and illicit drugs by minors.

  NOW, THEREFORE, BE IT ORDAINED BY THE FISCAL COURT OF CLARK COUNTY, KENTUCKY, AND THE BOARD OF COMMISSIONERS OF THE CITY OF WINCHESTER, KENTUCKY:

  Section 1. Definitions.

  A. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

  B. “Alcoholic Beverage” means 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, either alone or when diluted, mixed or combined with other substances.

  C. “Guardian” means (1) a person who, under court order, is the guardian of the person of a minor, or (2) a public agency with whom a minor has been placed by the court.

  D. “Knowingly” means when, with respect to conduct or to a circumstance described by this Ordinance, a person is aware that his conduct is of that nature or that the circumstance exists.

  E. “Minor” means any person under twenty-one years of age.

  F. “Parent” means a person is a natural parent, adoptive parent, legal custodian, or step-parent of another person.

  G. “Party,” “Gathering” or “Event” means a group of persons who have assembled or are assembling for a social occasion or social activity.

  H. “Host” means someone who receives and entertains guests.

  I. “Law Enforcement Services” includes the salaries and benefits of police officers, sheriffs, or code enforcement personnel for the amount of time actually spent in responding to or remaining at the party, gathering or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officers, sheriffs, or code enforcement personnel; the cost of repairing any damaged equipment or property owned or operated by the responding agency or government entity; and the cost arising from the use of any equipment in responding to or remaining at the party, gathering, or event.

  Section 2.  Prohibition.   Except as permitted by the free exercise and enjoyment of religion, it is unlawful for any person to knowingly permit, allow, or host a party, gathering, or event at his or her place of residence or other private property, place of premises under his or her control where a minor or minors are present and alcoholic beverages are being consumed by any minor.

  Section 3.  Protected Activities.  This section shall not apply to conduct involving the use of alcoholic beverages, which occurs exclusively between a minor child and his or her parent or legal guardian.

  Section 4.  Exculpation.     The defendant can prove as an exculpation or as a defense, that the consumption of alcohol was induced by the use of false, fraudulent or altered identification papers or other documents, and that the appearance and character of the minor was such that his age could not have been ascertained, and indicated strongly that he was of legal age to consume alcoholic beverages and, if so proved, shall not be liable under this ordinance.

  Section 5.  Severability.  If any section, phrase or provision of this Ordinance is for any reason declared to be invalid, such declaration will not affect the validity of the remainder of the sections, phrases, or provisions of this Ordinance.

  Section 6.  Conflict.  To the extent any resolution, ordinance, or parts thereof is in conflict, the provisions of this Ordinance will prevail and be given effect.

  Section 7.  Penalties.   The penalties for violation of this section shall be as follows:

  1st conviction - violation as that term is defined in Kentucky Revised Statutes (KRS ____);

  2nd conviction - Class B misdemeanor constituting a fine not to exceed $250.00 and/or up to ninety (90) days in jail;

 Additional Penalties - for any conviction, in addition to any other costs or fees imposed by law, the person convicted of an offense under this ordinance shall pay the costs of law enforcement services as defined herein.

  Section 8.  Repealer.  As of the effective date of this ordinance, all ordinances or parts of ordinances are repealed only the extent necessary to give this ordinance full force and effect.

 Introduced for first reading at regular session of the Board of Commissioners of the City of Winchester, Kentucky, held on the 16th day of March, 2010, and finally adopted after second reading at the regular session of said Board held on the 6th day of April, 2010.  Publication Date: May 1, 2010

 

    /s/ Edallen York Burtner

     ______________________________________

     Edallen York Burtner, Mayor

ATTEST:

/s/ Marilyn Rowe

______________________________________

Marilyn Rowe, City Clerk 

 

INTRODUCED, upon motion by Magistrate Palmer, SECONDED by Magistrate Ramsey, and therefore passed by unanimous vote, and was GIVEN FIRST READING at a duly convened meeting of the Clark County Fiscal Court, held on this 24th day of March, 2010.

INTRODUCED, upon motion by Magistrate Ramsey, SECONDED by Magistrate Rogers, and therefore passed by unanimous vote, and was GIVEN SECOND READING at a duly convened meeting of the Clark County Fiscal Court, held on this 14th day of April, 2010.

 Publication Dates: April 16, 2010 and May 1, 2010.

 

     /s/ Henry Branham

     _____________________________________

     Henry Branham, Clark County Judge/Executive

    

ATTEST:

 

 

/s/ Anita S. Jones

_____________________________________

Anita S. Jones, Clark County Clerk

 

drupal stats
 

lt12a copy

 

 

 

 

Contents Copyright © 2006- 2017 by:
CLARK COUNTY KENTUCKY ASAP
100 Vaught Road    ■         Winchester,  Kentucky 40391       ■     

 

 

PRIVACY

Website Designed and Maintained by GRAPHIC ENTERPRISES

CONTACT US