HomeMy WebLinkAboutOrdinance No. 06-1692
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 06- / U t'?1-
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
CHAPTER 13 OF THE COLONY CITY CODE TO ADD ARTICLE IX,
SECTIONS 13-100 THROUGH 13-104, MAKING IT UNLAWFUL FOR
PROPERTY OWNERS AND PERSONS IN CONTROL OF A RESIDENCE OR
PREMISES TO ALLOW THE PROPERTY TO BE USED FOR A SOCIAL
GATHERING WHERE MINORS MAY BE UNLAWFULLY POSSESSING,
USING OR CONSUMING ALCOHOLIC BEVERAGES OR CONTROLLED
SUBSTANCES; PROVIDING FOR PRESUMPTIONS AND DEFENSES;
PROVIDING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony determines and declares that
social gatherings where minors gather to use alcohol and illegal substances are a serious threat to
public safety; and
WHEREAS, the City Council finds and determines that social gatherings often are the
result of a lack of proper supervision by parents and other adults whose property is used as a site
for open parties;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That Chapter 13 of The Colony Code of Ordinances be and the same is
hereby amended by adding Article IX to be entitled "Maintaining a Premises for Consumption of
Alcohol or Drugs by Minors," which shall read as follows:
"ARTICLE IX. MAINTAINING A PREMISES FOR CONSUMPTION OF ALCOHOL
OR DRUGS BY MINORS
Sec. 13-100. Definitions.
For the purposes of this article, the following terms, words, phrases and the
derivations thereof shall have the meanings given herein.
Alcoholic beverage shall have the meaning ascribed to it by Section 1.04(1),
Texas Alcoholic Beverage Code.
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Controlled substance shall have the meaning ascribed to it by Section
9481.002(5) of the Texas Controlled Substances Act, ch. 481, Texas Health & Safety
Code.
Minor shall mean a person younger than twenty-one (21) years of age.
Residence or Premises shall mean: (1) a place where a person abides, lodges, or
resides, including but not limited to a house, apartment, condominium, hotel or motel
room, or other dwelling unit; or, (2) a hall, meeting room, building, or other place of
assembly whether occupied on a temporary or permanent basis or as a dwelling or place
for social functions. The terms Residence or Premises includes the curtilage of a dwelling
unit and, as used in this article, shall have the foregoing meaning whether owned, leased,
rented or used with or without compensation.
Social gathering shall mean a gathering for social or recreational entertainment at
a residence or premises at which nonfamily or unrelated persons are present
Sec. 13-102. Offense.
It shall be unlawful for any person owning or having possession or control of a
residence or premises to allow a social gathering to take place at such residence or
premises if an alcoholic beverage or a controlled substance was unlawfully possessed,
used or consumed by minors if such person knew or reasonably should have known that
such would take place.
Sec. 13-103. Presumption and Defenses.
A. In the prosecution of an offense under this article, it shall be presumed that a
person knew or reasonably should have known that a social gathering would take place
and that alcoholic beverages or controlled substances would be possessed, used or
consumed by minors if that person owned, possessed or was in control of the residence or
premises and more than three (3) social gatherings have taken place at that residence or
premises, during each of which minors were present and possessed, used or consumed an
alcohol beverage or a controlled substance.
B. It is a defense to prosecution of an offense under this article if the possession, use
or consumption of alcoholic beverages by a minor was in the visible presence of the
minor's adult parent, guardian or spouse, or other adult to whom the minor has been
committed by a court, or while in the course and scope of the minor's employment by a
licensee or permittee of the Texas Alcoholic Beverage Commission.
C. It is a defense to prosecution of an offense under this article if the person did not
know and, through the exercise of reasonable diligence, could not have known that a
social gathering would occur.
Sec. 13-104. Penalty.
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An offense under this article shall be deemed to be a misdemeanor and, upon
conviction, is punishable by a fine not to exceed five hundred dollars ($500.00) for each
offense. "
SECTION 2. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be and the same are hereby repealed, and all other
provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
SECTION 4. That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
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DULY PASSED by the City Council of the City of The Colony, Texas, this the
daYO~n~2006
APPROVED:
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CHRISTIE WILSON, CITY SECRETARY
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APPROVED AS TO FORM:
Robert E. Hager, Cit
(REH/cdb 09/27/06)
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