Chapter 10.20
SOCIAL HOST ORDINANCE
Sections:
10.20.030 Mandatory penalties.
10.20.040 Recovery of response costs.
10.20.010 Definitions.
The terms used in this chapter have the meaning expressly provided herein.
A. An “adult” is any person over the age of 21 years.
B. An “alcoholic beverage” includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one or more alcoholic beverages whether found or ingested separately or as a mixture.
C. A “controlled substance” is a drug or substance the possession and use of which is regulated under the Federal Comprehensive Drug Abuse Prevention and Control Act more commonly known as the Federal Controlled Substances Act, 1971. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.
D. A “family gathering” is a gathering where each underage person present is directly supervised by his or her parent or legal guardian.
E. A “legal guardian” is a person who is lawfully vested with the power and charged with the duty of taking care of an underaged person.
F. An “underage person” is any person under the age of 21 years.
G. A “parent” includes any person who is a natural parent, an adoptive parent, a foster parent, or a step-parent.
H. A “private residence or other private property” means a home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented or used with or without compensation, including contiguous properties, and/or any buildings, structures or other improvements situated thereon or affixed thereto.
I. “Reasonable costs” means the salaries of the responding deputy marshal, fire personnel or other town of Mesilla personnel, at the salary then in effect for each of the individual deputy marshal, firefighter or town of Mesilla personnel, for the amount of time actually spent in responding to or remaining on scene of an incident, or investigating the gathering or incident, the cost of repairing any damaged town of Mesilla equipment or property, the cost of towed vehicles, the cost of the fire department vehicle or apparatus, and the cost of court overtime associated directly with the incident.
J. A “responsible person” means a person with a right of possession in the private residence or other private property on which an underage or unruly gathering is conducted, including, but not limited to:
1. The person who owns, rents, leases or otherwise has a direct control of the premises where the underage or unruly gathering occurs;
2. A tenant or lessee of the residence or other private property;
3. Any other person in charge of the private residence or other private property; and
4. The person who organizes or supervises or conducts the event or any other persons accepting the responsibility for any such gathering.
K. An “underage gathering” means a party or gathering of two or more persons at a private residence or other private property at which alcoholic beverages are being furnished to, consumed by, or in possession of any underage persons.
L. An “unruly gathering” means a party or gathering of two or more persons at a private residence or other private property where conduct is occurring that constitutes a substantial disturbance of the public peace. Such conduct includes but is not limited to:
1. Unlawful consumption of alcohol or alcoholic beverages;
2. Use of a controlled substance by any persons at the gathering;
3. Excessive or unreasonable noise as defined by MTC 9.10.070;
4. Obstruction of public streets and/or the presence of unruly crowds which have spilled into the public streets;
5. Vandalism;
6. Litter; or
7. Any other conduct which constitutes a threat to the public health, safety, general welfare or residential property of the town of Mesilla.
An unruly gathering shall constitute a public nuisance. [Ord. 2020-03 § 1]
10.20.020 Violations.
A. It shall be a petty misdemeanor for any responsible person to engage, conduct, aid, allow, permit, or condone an underage or unruly gathering, at any private residence, other private property, public place or any place open to the public.
B. This section shall not apply to conduct involving the serving of alcoholic beverages which occurs exclusively between an underage person and his or her parent or legal guardian, as pursuant to New Mexico State Statutes 1978, Chapter 60, Section 7B-1. [Ord. 2020-03 § 1]
10.20.030 Mandatory penalties.
A. First violation: $250.00 fine.
B. Second violation within a 12-month period: $500.00.
C. Third and any subsequent violations within a 12-month period: $500.00 fine and/or up to 90 days in jail. [Ord. 2020-03 § 1]
10.20.040 Recovery of response costs.
A. When the Mesilla marshals, Mesilla fire and/or town of Mesilla emergency employees to include public works respond to a social host ordinance violation with a given address within the town of Mesilla boundaries, the responsible persons in direct control of those premises remain responsible for and jointly and severally liable for the town of Mesilla’s reasonable cost for each response.
B. These costs are wholly separate from any other penalties imposed for any violation of this chapter. The town of Mesilla may pursue to recover these costs under a separate action as permitted by law. [Ord. 2020-03 § 1]
10.20.050 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this title. [Ord. 2020-03 § 1]