HomeMy WebLinkAboutOrdinance No. 91-11 ORDINANCE NO. 91-11
AN ORDINANCE PROVIDING IT UNLAWFUL FOR ANY PERSON
OWNING OR HAVING POSSESSION OR CONTROL OF A RESIDENCE
OR OTHER PREMISE TO ALLOW SUCH RESIDENCE OR PREMISE TO
BE USED BY MINORS FOR SOCIAL FUNCTIONS (PARTIES) WHEN
SUCH PERSON KNOWS OR SHOULD KNOW THAT ALCOHOLIC
BEVERAGES OR DRUGS ARE IN THE POSSESSION OF, OR ARE
BEING CONSUMED BY, ANY MINOR IN ATTENDANCE AT SUCH
SOCIAL FUNCTION (PARTY) ; PROVIDING EXCEPTIONS;
REPEALING ORDINANCES INCONSISTENT HEREWITH; PROVIDING A
PENALTY IN AN AMOUNT NOT TO EXCEED $500 FOR EACH
VIOLATION HEREOF; AND PROVIDING FOR SEVERABILITY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. Definitions. For the purposes of this
Ordinance the following words or terms shall have the meanings
ascribed thereto.
a. Minor - shall mean any person under the age of twenty-
one (21) years.
b. Alcoholic Beveraqe - shall mean as defined in Section
1. 04, Texas Alcoholic Beverage Code, as amended.
c. Drua - shall mean as defined in Sectian 481. 002, Texas
Health and Safety Code, as amended.
d. Residence or Premise - shall mean a motel room, hotel
room, home, apartment, condominium, or other dwelling unit,
including the curtilage of the dwelling unit, or a hall, meeting
room, or other place of assembly, whether occupied on a temporary
or permanent basis, whether occupied as a dwelling or
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specifically for social functions, and whether owned, leased,
rented, or used with or without compensation.
e. Open Party - shall mean a social gathering at a
residence or premise at which non-family or non-related persons
are present.
Section 2. It shall be unlawful for any person owning or
having possession or control of a residence or premise to allow
an open party to take place at such residence or premise if
alcoholic beverages or drugs are possessed, consumed, or used by
any minor thereat if such person knew or reasonably should have
known of the existence of such possession, consumption, or use.
It shall be a defense to prosecution hereunder that such person
took reasonable measures to prevent or eliminate any prohibited
possession, consumption, or use of an alcoholic beverage or drug
as set forth herein.
Section 3 . Exceptions.
The provisions of this Ordinance shall not apply to:
a. the possession, consumption, or use of an alcoholic
beverage by a minor while in the presence of such minor's parent,
legal guardian, grandparent, or aunt or uncle if such parent,
legal guardian, grandparent, or aunt or uncle is not a minor; or
b. the possession, consumption, or use of a drug by a
minor pursuant to a lawful prescription issued by a medical
doctor.
Section 4. Any person who shall violate any provision of
this Ordinance shall be deemed guilty of a misdemeanor and upon
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conviction, shall be fined in an amount not to exceed five
hundred dollars ($500.00) .
Section 4. All ordinances or parts of ordinances in
conflict or inconsistent herewith are, to the extent of such
conflict or inconsistency, hereby repealed.
Section 5. In the event any section, paragraph,
subdivision, clause, phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or
circumstance shall for any reason be adjudged invalid or held
unconstitutional by a court of competent jurisdiction, it shall
not affect, impair, or invalidate this Ordinance as a whole or
any part or provision hereof other than the part declared to be
invalid or unconstitutional; and the City Council of the City of
Friendswood, Texas, declares that it would have passed each and
every part of the same notwithstanding the omission of any such
part thus declared to be invalid or unconstitutional, or whether
there be one or more parts.
PASSED AND APPROVED on first reading this 18th day of
March , 1991.
PASSED, APPROVED, AND ADOPTED on second and final reading
this lst day of April , 1991.
aul W. Schra er
Mayor
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ATTEST:
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De or s Archer, C
City Secretary
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