*Cross reference(s)--Liquors, ch. 15
Any private place or premises within the city which is used as the site of a juvenile gathering is hereby declared to be a public nuisance. No person shall maintain any such nuisance. Whenever such a nuisance is found to exist within the city, the police department shall give the person(s) responsible for the juvenile gathering notice to abate the nuisance.
(Code 1980, § 18-81)
The definitions in this section govern the construction of this article unless the context otherwise requires. In the case of any conflict between the definitions of this section and any other section of this Code, this section’s definitions shall control.
(a) Juvenile gathering: A juvenile gathering is any assemblage where five or more persons under the age of 21 are present for a social occasion or a social activity and alcoholic beverages are possessed or consumed by any person under the age of 21 other than a permanent resident of the premises.
(b) Police services fee: The police services fee shall be the actual cost of providing police services to abate the juvenile gathering, including the salaries of police department personnel for the amount of time actually spent in abating the juvenile gathering at a rate established by resolution of the city council, the actual cost of any medical treatment to injured police department personnel, and the actual cost of repairing any damaged city property. The police services fee shall not exceed $500.00 for a single juvenile gathering; however, the city does not hereby waive its right to seek reimbursement for actual costs exceeding $500.00 through other legal remedies.
(c) Person(s) responsible for a gathering: The person(s) responsible for a juvenile gathering is the person(s) who owns, rents, leases, or otherwise controls the premises at which the juvenile gathering takes place, the person(s) in charge of the premises, and/or the person(s) who organized the juvenile gathering. When the person who controls the property or organized the juvenile gathering rents or leases the premises or when the persons attending the juvenile gathering are not lawfully on the premises, the owner of the premises shall not be the person responsible for the juvenile gathering unless the juvenile gathering occurred with the owner’s knowledge.
(Code 1980, § 18-82; Ord. No. 33765, § 6, 12-19-95)
Cross reference(s)--Definitions and rules of construction generally, § 1-2
When a juvenile gathering occurs at the same location on two or more occasions within 90 days, the person(s) responsible for the second or subsequent gathering shall be liable for a police services fee for the second or subsequent response, providing that prior notice to abate the nuisance has been given to the person(s) responsible for the second or subsequent juvenile gathering. If this person is a minor, the minor’s parents or guardians shall be jointly and severably liable for the police services fee if they reside at or control the premises where the juvenile gathering occurs. Liability for a police services fee shall not in any way preclude any person’s arrest or citation, or both, for violations of state law or city ordinance.
(Code 1980, § 18-83)
Cross reference(s)--Police, ch. 25
The police services fee shall be a debt to the city owed by the person(s) responsible for the gathering or, if he or she is a minor, by his or her parents or guardians who reside at or control the premises where the juvenile gathering occurs, and may be collected through any lawful means. Any person owing a police services fee shall be liable in an action brought in the name of the city for recovery of such fee, including reasonable attorney’s fees. If the owner of the property on which the juvenile gathering occurred knowingly suffered, permitted, or allowed the property to be used for a juvenile gathering, the property shall be subject to a lien against the property in accordance with section 18-12 of this Code.
(Code 1980, § 18-84)(Top)
It is unlawful for any public dance sponsored for minors to continue later than one-half hour before curfew. (Ord.2294 § 2 (part), 1982: prior code § 5-34-5)
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