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CHAPTER 12
TITLE V – PUBLIC ORDER, SAFETY & HEALTH
SECTION 1. TITLE
This ordinance shall be known and may be cited and
referred to as the Jones County Social Host Ordinance.
SECTION 2. PURPOSE
The
purpose of this ordinance is to protect the interest, welfare, health, and
safety of citizens in Jones County by prohibiting the services to and
consumption of alcoholic beverages by persons under the age of twenty-one (21)
at premises, and social gatherings, located in the County.
SECTION 3. DEFINITIONS
For
purposes of this ordinance, the following terms have the following meanings:
A.
Alcohol: means ethyl alcohol, hydrated oxide of
ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled
spirits including dilutions and mixtures thereof 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.
Emergency
Responders: means
firefighters, law enforcement officers, emergency medical
service personnel, and other personnel having emergency response duties.
D.
Emergency
Response: means any
incident requiring response by fire fighting, law enforcement, ambulance,
medical, or other emergency services.
E.
Enforcement
Services: means the
salaries and benefits of emergency responders for the amount of time actually
spent responding to or remaining at an event, gathering, or party and
administrative costs attributable to the incident; the actual costs for medical
treatment for any injured emergency responder, and the costs of repairing any
damage to equipment or vehicles.
F.
Event,
Gathering, or Party:
means any group of three (3) or more persons who have assembled or gathered
together for a social occasion or other activity.
G.
Juvenile: means a person under the age of eighteen
(18).
H.
Legal
Age: means twenty-one
(21) years of age or more.
I.
Parent: means any person having legal custody of
a juvenile: (1) as a natural parent, adoptive parent, or step-parent; (2) as a
legal guardian; (3) as a person to whom legal custody has been given by order
of the court.
J.
Person: means any individual, partnership,
corporation, or any association of one or more individuals.
K.
Possession
or Control: means actual
possession or constructive possession based on facts, which permit the
inference of intent to possess or control alcoholic beverages.
L.
Premises: means any home, yard, farm, field, land,
apartment, condominium, hotel or motel room, other dwelling unit, hall or
meeting room, garage, barn, park, tent, camper/RV, or any other place conducive
to assembly, public or private, whether occupied on a permanent or temporary
basis, whether occupied as a dwelling or specifically for an event, gathering, or
party, and whether owned, leased, rented or used with or without permission or
compensation.
M.
Public
Place: means the same as
defined in Iowa Code section 123.3(27).
N.
Social
Host: means any person
who allows, organizes, supervises, controls or permits an event, gathering, or
party. This includes, but is not limited to: (1) the person(s) who owns, rents,
leases, or otherwise has control of the premises where the event, gathering, or
party takes place; (2) the person(s) in charge of the premises; or (3) the
person(s) responsible for organizing the event, gathering, or party.
This ordinance does not apply to a social
host who is a juvenile, however if the social host is a juvenile and the
parent(s) of the juvenile knows or reasonably should know of the event,
gathering, or party and knows or reasonably should know that the consumption of
alcohol is occurring, the parent(s) shall be liable for violations of the
Ordinance.
O.
Underage
Person: means any person
under the age of twenty-one (21).
SECTION 4. AFFIRMATIVE DUTIES
It
is the duty of the social host of an event, gathering, or party to take all
reasonable steps to prevent alcoholic beverages from being possessed or
consumed by underage persons on the premises. Reasonable steps include, but are
not limited to:
A.
Controlling
underage persons’ access to alcoholic beverages,
B.
Controlling
the quantity of alcoholic beverages,
C.
Verifying
the age of persons being served, in the possession of, or consuming alcoholic
beverages at the event, gathering, or party by inspecting drivers’ licenses or
other government-issued identification cards,
D.
Supervising
the activities of underage persons at the party, and
E.
Notifying
law enforcement of underage possession or consumption of alcoholic beverages,
and allowing law enforcement to enter the premises for the purpose of stopping
the possession or consumption by underage persons.
SECTION 5. PROHIBITIONS
It is unlawful for any social host of an
event, gathering, or party on the social host’s premises to knowingly permit or
allow underage persons to consume alcoholic beverages, or knowingly permit or
allow underage persons to possess alcoholic beverages on the premises, whether
or not the social host is present on the premises.
A
social host has an affirmative defense if the social host took reasonable steps
to prevent the possession or consumption of alcohol, or notified law
enforcement and/or allowed law enforcement to enter the premises for the
purpose of stopping illegal activities.
SECTION 6. EXCEPTIONS
A. This ordinance shall not apply:
1.
Conduct
solely between an underage person and his or her parents while present in the
parents’ household,
2.
Legally
protected religious observances, or
3. Situations where underage persons are
lawfully in possession of alcoholic beverages during the course and scope of
employment.
B. The exceptions outlined in Section 6.A.
shall not apply under circumstances in which the underage person leaves the
home, religious gathering, or place of employment and subsequently violates
Iowa Code section 123.46(2), Consumption
or intoxication in public places.
SECTION 7. ENFORCEMENT
The
provisions of this Ordinance shall be enforced by any peace officer within the
State of
SECTION 8. PENALTIES
Violations of SECTION 5.
PROHIBITIONS are declared to be county infractions, punishable by civil
penalty.
A.
A five hundred dollar ($500.00) civil penalty shall be imposed for
a social host’s first offense.
B.
A seven hundred fifty dollar ($750.00) civil penalty shall be
imposed for a social host’s second or subsequent offense.
C.
The court may order restitution paid to any public agency for the
costs of the emergency response resulting from the actions constituting a
violation of this section, not exceeding five hundred dollars per public agency
for each such response.
D.
A public agency seeking such restitution shall consult with the
county attorney regarding the expenses incurred by the public agency, and the
county attorney shall include the expenses in the statement of pecuniary
damages pursuant to section 910.3b., of the Code of
Iowa.
E.
In determining if a violation charged is a second or subsequent
offense, conviction for violation of this section, Iowa Code section 123.47, or
an ordinance of any city or county in the state of Iowa that substantially
corresponds to this section or Iowa Code section 123.47, shall be counted as
previous offenses.
SECTION 9. JURISDICTION
The
provisions of this Ordinance shall apply throughout
SECTION 10. REPEALER
All
ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION 11. SEVERABILITY
CLAUSE
If
any section, provision or part of this ordinance shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity of either the
ordinance as a whole or any section, provision or part thereof not adjudged
invalid or unconstitutional.
SECTION 12. EFFECTIVE DATE
This ordinance shall be in full
force and in effect from and after its passage, adoption, and publication as
required by law.
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Section 3. When Effective
This ordinance shall be in full force and effect from and after its
final passage, approval, and publication as provided by law.
Jennifer Husmann, Jones
County Safe & Healthy Youth Coalition, met with the Board to discuss a
recent substance abuse prevention program held in
Moved
by Dirks seconded by Cruise to approve, and place on file, the Clerk’s Report
of Fees Collected for the month ending
Moved by Dirks seconded by Cook to authorize the Chairman to sign
the Fiscal Sponsorship Agreement with
Moved
by Rohwedder seconded by Cook to approve the third
and final consideration of, and to adopt, pass, and publish, Jones County Iowa
Ordinance 2011-01, an ordinance replacing Chapter 1, Flood Plain Management
Ordinance, of Title VI – Property & Land Use. On roll call vote: Cook aye,
Cruise aye, Rohwedder aye, Dirks aye, Manternach aye, whereupon the Chairman declared the third
consideration approved, and the ordinance adopted.