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G-1029 - 07/22/2014 - VILLAGE CODE - Ordinances Supporting Documents ITEM 6.F.4) c of Oqk rfti 0,1 Iv 00 tonierinfounn r gitleffi 4'4) Z' MIIL—j1P-14.1111 Me WIRE Lin.1 ecow 4 AGENDA ITEM Regular Board of Trustees Meeting of July 22,2014 SUBJECT: Social Hosting Ordinance FROM: James R.Kruger, Chief of Police BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: Move to approve Ordinance 2014-VCODE-AL-G-1029, creating Title 6, Chapter 7 Section 1C Social Hosting Background/Historv: Several years ago the State of Illinois passed the Social Host law, 235 ILCS 5/6-16 that made it unlawful for any parent or guardian to knowingly permit his or her residence or any other private property to be used by an invitee of the parent's child,if under 21 years of age, to drink alcoholic beverages. The law also provided for some significant consequences should the underage minor be injured. Violation of the state law is a Class A Misdemeanor however if there is great bodily harm or death arising from the violation the adult may be charged with a Class 4 Felony. The law also provides for an exemption should the homeowner call police for assistance to breakup the party. This proposed ordinance provides for another mechanism to enforce these provisions by allowing for the option of prosecution by local ordinance. This will also allow for an escalating fine should we have a repeat offender by charging a fine of$100 to $750 for the first, $250 to $750 for the second, and $750 for the third and subsequent violation. Just two months ago police were called to a residence after an underage female was found unresponsive outside a home. The adults in the home allegedly condoned the party and provided the alcoholic beverages. We hope that passage of this ordinance will send a message to residents that we cannot condone this type of behavior and that there are consequences for allowing it to occur. Recommendation: Staff recommends the Village Board pass Ordinance 2014-VCODE-AL-G-1029. Last saved by rkane 1:\ALL DOCS\6-BOTMEMOS\Social Hosting 072214.docx Last printed 7/15/2014 2:08 PM ORDINANCE 2014-VCODE-AL-G-1029 AN ORDINANCE AMENDING TITLE 6, CHAPTER 1, SECTION 17 OF THE VILLAGE CODE REGARDING SOCIAL HOSTING WHEREAS, the Village of Oak Brook, Illinois ("Village") is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, pursuant to Section 1-2-1 of the Illinois Municipal Code, 65 ILCS 5/1-2-1, the Village is generally authorized to assess fines and penalties as may be deemed proper, provided that the fine or penalty does not exceed $750.00 unless otherwise authorized by law; and WHEREAS, pursuant to Section 11-1-8 of the Illinois Municipal Code, 65 ILCS 5/11-1-8, the Village is authorized conduct programs for the prevention, reduction, and control of juvenile delinquency; and WHEREAS, pursuant to Section 11-5-3 of the Illinois Municipal Code, 65 ILCS 5/11-5-3, the Village is authorized to adopt regulations to prevent intoxication; and WHEREAS, pursuant to Section 11-60-2 of the Illinois Municipal Code, 65 ILCS 5/11-60-2, the Village is authorized to define, prevent, and abate nuisances; and WHEREAS, the Village desires to adopt regulations prohibiting parents and those with custody of minors from hosting or allowing events at which minors consume alcohol or illicit drugs ("Social Hosting") to: (i) reduce juvenile delinquency; (ii) prevent intoxication; and (iii) to declare Social Hosting a public nuisance; and WHEREAS, the President and the Board of Trustees have determined that it will serve and be in the best interests of the Village to amend the Village Code of the Village of Oak Brook, Illinois ("Village Code") pursuant to this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Section 6-1-17. Section 17, entitled "Offenses Involving Minors," of Chapter 1, entitled "Miscellaneous Offenses," of Title 6, entitled "Police Regulations," shall be amended as follows: 6-1-17: OFFENSES INVOLVING MINORS: "C. Social Hosting: 1. Definitions: For the purposes of this subsection 6-1-15C, the terms herein are defined as follows: ALCOHOL: 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. Additions are bold and double-underlined; deletions are struck through. Ordinance 2014-VCODE-AL-G-1029 Amending Title 6,Chapter 1,Section 17 of the Village Code Page 2 of 4 ALCOHOLIC BEVERAGE: alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, 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, CONVEYANCE: any vehicle, trailer,watercraft or container operated for the transportation of persons or property, EVENT or GATHERING: any group of two or more persons who have assembled or gathered together for a social occasion or other activity. HOST: to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event. ILLICIT DRUG: any drug, substance or compound prohibited by law, as defined in the Illinois Controlled Substance Act, 720 ILCS 570/100 et seq., or the Illinois Cannabis Control Act, 720 ILCS 550/1, et seq., including drugs prescribed by a physician which are in the possession of or used by someone other than the person to whom the drug was prescribed, PARENT: any person having legal custody of a juvenile: (i) as a natural, adoptive parent, or stepparent; (ii) as a legal guardian; or(iii) as a person to whom legal custody has been given by order of the court. PUBLIC PLACE: any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings,transport facilities, parks, businesses or parking lots. RELIGIOUS CEREMONY: the possession, consumption and dispensation of alcohol or an alcoholic beverage for the purpose of conducting any bona fide rite or religious ceremony. RESIDENCE or PREMISES: 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. UNDERAGE INDIVIDUAL: any individual under twenty-one years of age, 2. It is hereby declared to be a public nuisance and unlawful for any person to permit, allow, or host an event or gathering at his or her place of residence or other private property, public place, any other premises under his or her control, or in any conveyance where illicit drugs, alcohol or alcoholic beverages are consumed by an underage individual, if such person either knows or reasonably should know that an underage individual is consuming any illicit drugs, alcohol or alcoholic beverages. For purposes of this subsection 6-1-15C-2: Additions are bold and double-underlined; :- - :• - - -- Ordinance 2014-VCODE-AL-G-1029 Amending Title 6,Chapter 1,Section 17 of the Village Code Page 3 of 4 a. A person who permits, allows or hosts an event or gathering shall be deemed to have known or should have known that an underage individual is consuming illicit drugs, alcohol or alcoholic beverages if the person is not taking all reasonable steps to prevent the consumption of illicit drugs, alcohol or alcoholic beverages by underage individuals in the person's residence or on the premises; b. A person who permits, allows, or hosts an event or gathering shall be rebuttably presumed to have known or reasonably should have known that underage individuals have consumed illicit drugs, alcohol or alcoholic beverages if such person is present at the premises of the event or gathering at the time any underage individual consumes illicit drugs,alcohol or alcoholic beverages. c. A person who hosts an event or gathering does not have to be present at the event or gathering to be liable under this chapter 3. A person is not in violation of this Section 6-1-15C if: a. The conduct involving the use of alcoholic beverages by an underage individual occurs at a religious ceremony or exclusively between an underage individual and his or her parent or legal guardian, as permitted by Illinois state law; or b. The person seeks assistance from the police department or other Jaw enforcement agency to remove any underage individual who refuses to abide by the person's performance of the duties imposed by this subchapter, or terminate the event or gathering because the person has been unable to prevent underage individuals from consuming illicit drugs, alcohol or alcoholic beverages despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the event or gathering. 4. Any person who violates subsection 6-1-15C-2 shall be fined not more than $750.00 for each violation; no less than $250.00, nor more than $750.00, for a second violation; and $750.00 for a third violation." Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Additions are bold and double-underlined; deletions are struck through. Ordinance 2014-VCODE-AL-G-1029 Amending Title 6,Chapter 1,Section 17 of the Village Code Page 4 of 4 APPROVED THIS 22nd day of July, 2014. Gopal G. Lalmalani Village President PASSED THIS 22nd day of July, 2014. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk #31451405—v1 Additions are bold and double-underlined; deletions are struck through.