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HomeMy WebLinkAboutCCWkspAgenda 3-3-10Falcon Heights City Council Workshop City Hall 2077 W Larpenteur Ave. 6:30 p.m. AGENDA March 3, 2010 1. Administrative Fines discussion 2. Social Host Ordinance discussion If you have a disability and need accommodation in order to attend this meeting, please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to help. ses\.pdf\PersistentHandler REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date March 3, 2010 Agenda Item Workshop 1 Attachment League of Minnesota Cities Checklist and Frequently Asked Questions Submitted By Justin Miller, City Administrator The City That Soars! Item Administrative Fines Discussion Description One of the city council’s 2010 goals was to investigate the possibility of implementing administrative fines for allowable traffic offenses. In 2009, the state legislature clarified what cities could use administrative fines for, as well as specifying the allowable fine. Attached is a brief report prepared by the League of Minnesota Cities relating to the procedures and restrictions that are in place for these offenses. The key points include: ? The following offenses are the only areas where administrative fines are allowed: o Speeding under 10 miles per hour over the speed limit o Stop line (not stop sign) violations o Various safety violations, such as broken taillights, texting while while driving, failure to use lights, etc. ? An appeal process, utilizing a neutral third party, must be established ? The city would need to supply St. Anthony Police Department with uniform administrative traffic tickets ? The fine is set at $60. $20 would be sent to the State of Minnesota, while the remaining $40 stays with the city. One half of the city’s portion ($20) must go towards public safety, but must “be used to supplement but not supplant any existing law enforcement funding.” In comparison, a traffic citation for speeding at 10 miles over the speed limit is $121, with the city receiving $20, the county receiving $20, and the state receiving the remainder. Chief John Ohl will be present at the workshop to answer any questions the city council may have and to offer insight regarding the procedures necessary to implement this program. Budget Impact It is difficult to estimate what kind of impact this would have on the general fund without clear guidance from the city council on how diligent we would want the police department to be in regards to issuing these tickets. Attachment(s) League of Minnesota Cities checklist and frequently asked questions regarding administrative fines. Action(s) Requested No action required, but guidance on whether the council is interested in pursuing this further is requested. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date March 3, 2010 Agenda Item Workshop 2 Attachment Chaska Social Host Ordinance Submitted By Michelle Tesser, Deputy City Clerk The City That Soars! Item Social Host Discussion Description Recently, Council requested that staff research adopting a Social Host Ordinance. Staff received over 20 social host ordinances from surrounding cities including: Chaska, Mankato, Roseville and Winona. According to a recent news article, there are over 40 cities and counties that have adopted a Social Host Ordinance. Under current state law, it is illegal for an adult to buy or furnish alcohol to a minor but it is not illegal for adults to allow minors to drink in their homes. The ultimate goal of adopting a social host ordinance is to deter underage possession and consumption of alcohol in the City of Falcon Heights even if done within the confines of a private residence. The social host ordinance holds person(s) criminally responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. Prohibited Acts If the city adopts said ordinance the prohibited acts may include: (a) It is unlawful for any person(s) to; (1) host or allow an event or gathering; (2) at any residence, premises, or on any other private or public property; (3) where alcohol or alcoholic beverages are present; (4) when the person knows or reasonably should know that an underage person will or does (i) consume any alcohol or alcoholic beverage; or (ii) possess any alcohol or alcoholic beverage with the intent to consume it; and (5) the person fails to take reasonable steps to prevent possession or consumption by the underage person(s). (b) A person is criminally responsible for violating Subdivision 4(a) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. ((c) A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible. Exceptions to the rule If the city adopts said ordinance exceptions to the ordinance may include: ? Ordinance does not apply to conduct solely between an underage person and his or her parents while present in the parent’s household. ? Ordinance does not apply to religious observances. ? Facilities already holding liquor licenses (restaurants, liquor stores, convenience stores, etc.) Penalties If adopted the penalty would most likely be a misdemeanor. Chief John Ohl will be present at the workshop to discuss the adoption of this ordinance and will also be able to answer any questions council may have on underage possession and consumption of alcohol in Falcon Heights. Budget Impact It will be difficult to determine if there will be possible revenues from this ordinance. It is likely that our legal fees may increase in order to prosecute these violators. Attachment(s) Chaska Social Host Ordinance Action(s) Requested No action required, but guidance on whether the council is interested in pursuing this further is requested. ORDINANCE NO. SOCIAL HOST ORDINANCE This ordinance prohibits, and establishes penalties for, any person hosting an event or gathering where alcohol is present and being possessed or consumed by persons under twenty-one (21) years of age. Be it enacted by the Chaska City Council, as follows: Subd. 1. Purpose and Findings. The Chaska City Council intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons criminally responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The Chaska City Council finds that: (a) Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of twenty-one are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement. (b) Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions. (c) Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user. (d) Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and, condone the activity, and in some circumstances provide the alcohol. (e) Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption. (f) A deterrent effect will be created by holding a person criminally responsible for hosting an event or gathering where underage possession or consumption occurs. Subd. 2. Authority. This ordinance is enacted pursuant to Minn. Stat. §145A.05 subdivision 1. Subd. 3. Definitions. For purposes of this ordinance, the following terms have the following meanings: (a) Alcohol. “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. “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) Event or gathering. “Event or gathering” means any group of three or more persons who have assembled or gathered together for a social occasion or other activity. (d) Host. “Host” means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event. (e) Parent. “Parent” means any person having legal custody of a juvenile: (1) As natural, adoptive parent, or step-parent; (2) As a legal guardian; or ((3) As a person to whom legal custody has been given by order of the court. (f) Person. “Person” means any individual, partnership, co-partnership, corporation, or any association of one or more individuals. (g) Residence or Premises. “Residence” or “premises” means any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. (h) Underage Person. “Underage person” is any individual under twentyone (21) years of age. Subd. 4. Prohibited Acts. (a) It is unlawful for any person(s) to; (1) host or allow an event or gathering; (2) at any residence, premises, or on any other private or public property; (3) where alcohol or alcoholic beverages are present; (4) when the person knows or reasonably should know that an underage person will or does (i) consume any alcohol or alcoholic beverage; or (ii) possess any alcohol or alcoholic beverage with the intent to consume it; and (5) the person fails to take reasonable steps to prevent possession or consumption by the underage person(s). (b) A person is criminally responsible for violating Subdivision 4(a) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. (c) A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible. Subd. 5. Exceptions. (a) This ordinance does not apply to conduct solely between an underage person and his or her parents while present in the parent’s household. (b) This ordinance does not apply to legally protected religious observances. (c) This ordinance does not apply to retail intoxicating liquor or 3.2 percent malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stat. §340A.503 Subd.1(a)(1). (d) This ordinance does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. Subd. 6. Enforcement. This ordinance can be enforced by any police officer or sheriff’s deputy in the county. Subd 7. Severability. If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid, in whole, or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect. Subd. 8. Penalty. Violation of Subdivision 4 is a misdemeanor. Subd. 9. Effective Date. This ordinance shall take effect thirty (30) days following its final passage and adoption.