HomeMy WebLinkAboutJPZ - 06/06/1995 - PARENTAL RESPONSIBILITY/TRUCK PARKING TURNER AVE vu .
MINUTES
JPZ COMMITTEE MEETING
June 6, 1995 ✓(/( O, !�s
7 : 00 P.M.
Members Present : Paul J. Rettberg, Trustee
James Petri, Trustee
Nancy Czarnik, Trustee
Staff Present : Larry Aammar, Deputy Chief of Police
Chairperson Rettberg called the meeting to order at
approximately 7 :08 P .M.
Parental Responsibility
The Committee discussed the history of the `Parental
Responsibility Ordinance proposal which has been in committee
for approximately the past eighteen (18) months . In further
discussion of this matter, the Committee referred to Chief
Engelbrecht' s memo dated 09 March 1995 dealing with parental
responsibility laws and related liquor violations governing
minors as its main resource for discussion and proposal . A
copy of that memo is attached for further review. The Chief' s
memo dated 09 March 1995 is a compilation of current Village
Ordinance, a proposed model ordinance by the Northwest Muncipal
Conference, and Senate Bill #1328 which was effective as law on
01 January 1995 . It was the consensus of the Committee that
with some minor exceptions and changes the Chief' s 09 March
1995 recommendations on the language would be adopted in
rewriting the village ordinances as they pertain to liquor
violations governing minors and general parental
responsibility.
On Page 3 of the Chief' s memo dated 09 March, the
consensus of the Committee was to remove all language which
allows persons under the age of 21 years to possess, consume or
deliver alcoholic liquor while in the presence and with the
approval of their parents or legal guardian. This language is
in conflict with state law, which specifically prohibits this
behavior. Additionally, the consensus was to delete all
language which indicates that persons under the age of 21 may
possess for the purpose of making a delivery of an alcoholic
beverage in pursuance of the order of their parent or guardian
or in pursuance of their employment . This language also
contradicts current state law. The consensus was further to
include language indicating that nothing contained herein shall
be applicable to persons under the age of 21 years who possess
alcoholic liquor when at the direction of a law enforcement
officer for purpose of conducting liquor ordinance
investigations .
The Committee also discussed and proposed change relative
to age reference the last paragraph on Page 2 of the Chief' s
memo, continued at the top of Page 3 of the same document . The
consensus change in its entirety will read as follows :
"Any person shall be guilty of a petty offense where he or
she knowingly permits a gathering at a residence which he or
she occupies of two or more persons where any one or more
persons is under 21 years of age and the following factors also
apply:
• The person occupying the residence knows that any such
person under the age of 21 is in possession of or is
consuming any alcoholic beverage; and
• The possession or consumption of the alcohol by the
person under 21 is not otherwise permitted by this Act ;
and/or
•. The person occupying the residence knows that the
person under the age of 21 leaves their residence in an
intoxicated condition. "
The Committee discussed and recommended that the portion
of the Chief' s memo entitled "Presumption of Knowledge" on Page
4 of said memo be transferred in its entirety from the General
Parental Responsibility section to be included in its entirety
in the section entitled "Liquor Violations Governing Minors" .
Relative to the fine structure for the offenses outlined
in the Chief' s memo dated 09 March, please refer to Page 5 of
that memo. The Committee discussed and recommended that the
fine structure be changed to reflect a $75 minimum fine and a
$500 maximum fine for violation of, these portions of the
Municipal Code .
Other than the language changes, additions, or deletions
noted above, the Committee discussed and recommended to adopt
the Chief' s memo of 09 March as their draft for a Parental
Responsibility Ordinance and a revised Liquor Violations
Governing Minors Ordinance . Furthermore, it was discussed that
the various references made to parental responsibility
contained in various locations of the Municipal Code to include
damage to property, curfew truancy, liquor violations, and
general parental responsibility be deleted and that one general
parental responsibility ordinance be adopted in its place to
address all issues of parental responsibility.
Truck Parking and Signage on Turner Avenue
The Committee reviewed and discussed the concerns about
parking in general and specifically truck parking on Turner Av.
between Devon Av, and Arlington Heights Rd. In an effort to
address safety concerns, and mindful of the needs and concerns
of area businesses which are frequented by truckers, the
Committee discussed and recommended banning all parking on the
north side of Turner Av. between Devon Av. and Arlington
Heights Rd. Parking will be permitted and will not be
restricted on the south side of Turner Av. between Devon Av.
and Arlington Heights Rd.
The Committee also discussed and recommended that a grace
period be established whereby violators would have the
opportunity to be informed of the ordinance so that they could
voluntarily comply with the ordinance before any enforcement
action would be taken.
The meeting adjourned at 8 : 55 P.M.
Att .
CC : President & Board of Trustees, Village Manager, Assistant
Village Manager, Administrative Assistant, Village Clerk,
Village Attorney, Police Chief, Director of Engineering &
Community Development
ag
VILLAGE OF ELK GROVE VILLAGE
DEPARTMENT OF POLICE
DATE: 09 March 1995
0
TO: Nancy Czamik, Chairperson
JPZ Cpmprittee
FROM:
Fred J. recht hief of Police
h
SUBJECT: Parental Responsibility Law and Related
Liquor Violations Governing Minors C
N
C
I have reviewed the State statute enacted as a result of SB 1328 now identified as 235
Il.CS(Illinois Canonized Statutes),Article VI, Section 5/16-16, which amends the Liquor
Control Act of 1934. (A copy of the legislation is attached for your perusal) For all
practical purposes,this legislation meets most of the needs that we are trying to
accomplish, however, for inclusion into the Municipal Code, except by reference, it
becomes more logical to withdraw excerpts from the law for placement in different areas
of the Municipal Code inasmuch as part of the statute deals with liquor licensees while
another portion addresses prohibited acts by minors and others. For our purposes,
separation becomes more beneficial and meaningful in being specific in the makeup of our y�
Municipal Code.
Cy
I also reviewed our Municipal Code and the material supplied us from the Northwest
Municipal Conference as regards The Model Parental Responsibility Ordinance.
Following are my recommendations for ordinance amendments by inclusion of new L.
language and some removal of the old or placement in another section of the Code as
follows:
In Chapter 3, Liquor Control, 3-3-9 Minors, Al, insert the following language and delete
the present language.
1. It shall be unlawful for any licensee, agent or employee to sell, give or deliver alcoholic
liquor to any person under the age of 21 years, or to any intoxicated person or to any
person known by him or her to be under legal disability or in need of mental treatment.
No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or
deliver such alcoholic liquor to another person under the age of 21 years, except in the
performance of a religious ceremony or service.
Page 2
2. Any licensee, or his agent or employee, may refuse to sell or serve alcoholic beverages
to any person who is unable to produce adequate written evidence of identity and of the
fact that he or she is over the age of 21 years.
Adequate written evidence of age and identity of the person is a document issued by a
federal, state, county, or municipal government, or subdivision or agency thereof;
including, buy not limited to, a motor vehicle operator's license, a registration certificate
issued under the Federal Selective Service Act, or an identification card issued to a
member of the Armed Forces. Proof that the defendant-licensee, or his employee or
agent, demanded, was shown and reasonably relied upon such written evidence in any
transaction, forbidden by this Section is an affirmative defense in any criminal prosecution -
therefore or to any proceedings for the suspension or revocation of any license based
thereon. It shall not,however, be an affirmative defense if the agent or employee accepted
the written evidence]mowing it to be false or fraudulent.
The foregoing mirrors a portion of the Statute as pertains to liquor licensees. Renumber
existing No. 2 and additional sequential numbers in this Section, delete Section B, in its
entirety for inclusion in another Section of the Code entitled, Chapter 7, Offenses Related
to Minors.
For inclusion in Chapter 7, Offenses Related to Minors, is the suggested following
language.
PURCHASE OR POSSESSION OF ALCOHOLIC BEVERAGES BY MINORS;
LIABILITY OF PARENTS AND OTHERS.
It shall be unlawful for any person under the age of twenty-one(2 1)years to purchase,
receive, accept,have in his possession or control or imbibe any alcoholic beverages within
the corporate boundaries of the Village or have consumed any amount of any alcoholic
beverage which can be determined by evidence of the minors physical condition or other
first-hand knowledge of a police officer.
It shall be unlawful for any person under the age of 21 years to possess any alcoholic
beverage on any street,highway, public place, or place open to the public.
It shall be unlawful for any person, including parent or legal guardian,to suffer,permit or
allow the violation of the provisions of this subsection in any motor vehicle, conveyance,
house, apartment, room, shed,yard, or any other area of which such person is the owner,
lessee, permittee, bailee or legal possessor or occupier thereof
Any person shall be guilty of a petty offense where he or she knowingly permits a
gathering at a residence which he or she occupies of two or more persons where any one
or more of the persons is under 18 years of age and the following factors also apply:
Page 3
- the person occupying the residence knows that any and such person under the age of 18
is in possession of or is consuming any alcoholic beverage; and
- the possession or consumption of the alcohol by the person under 18 is not otherwise
permitted by this Act; and
- the person occupying the residence knows that the person under the age of 18 leaves
their residence in an intoxicated condition.
For the purposes of this subsection where the residence has an owner and a tenant or
lessee, there is a rebuttable presumption that the residence is occupied only by the tenant
or lessee.
It shall by unlawful for any person to rent a hotel or motel room from the proprietor or
agent thereof for the purpose of or with the knowledge that such room shall be used for
the consumption of alcoholic liquor by persons under the age of 21 years.
It shall be unlawful for any person under the age of 21 years to present or offer alcoholic
beverages to any liquor licensee,his agent or employee, any written,printed or photostatic
evidence of age and identity which is false, fraudulent, or not actually his own for the
purpose of ordering,purchasing, attempting to purchase or otherwise procure or attempt
to procure,the serving of any alcoholic beverage, or who has in his possession any false or
fraudulent written,printed, or photostatic evidence of age and identity.
It shall be unlawful for any person to sell, give, or fitmish to any person under the age of
21 years any false or fraudulent written, printed, or photostatic evidence of the age and
identity of such person.
Nothing contained herein shall be applicable to persons under the age of twenty-one(2 1)
years:
-Participating in a religious ceremony;
* - In the presence and with approval of their parent or legal guardian;
- Possession for the purpose of making a delivery of an alcoholic beverage in pursuance of
the order of their parent or guardian or in pursuance of his employment;
- When at the direction of a law enforcement officer.
*This represents present language in our Municipal Code,however, it is not addressed in
State statute so it maybe retained or deleted at your choice. .
Page 4
General Parental Responsibility
Parental Responsibility:
It shall be unlawful for any person including a parent or legal guardian, to knowingly or
wilMy cause, aid or encourage any unemancipated minor to violate or attempt to violate
any federal or state law or municipal ordinance or to knowingly or willfully act in such a
manner as to directly tend or cause a child to violate or attempt to violate any federal or
state law or municipal ordinance.
Liability of Parent or Legal Guardian of Minor Offender.
The parent or legal guardian of an unemancipated minor who has custody of such minor
shall be liable for any fine, condition, or restitution or reparation imposed by a court upon
a minor for a violation of any provision of the(Village/City)Municipal Code;provided,
the minor has not paid the fine or made restitution or reparation within the time ordered by
the court; and further provided, that said parent or guardian has been served with
summons or notice to appear in the original cause as provided by law.
Presumption of Knowledge:
Whenever a person is present within any motor vehicle, conveyance,vessel,house,
apartment, room, shed,yard,premises, or other area of which such person is the owner,
lessee, permittee,bailee, legal possessor or occupier thereof at the time that a violation of
the provisions of this Section occurs therein, it shall be prima facie evidence that such
person had knowledge of such violation.
The foregoing suggested language represents extractions from the State statute, our
Municipal Code and the Northwest Municipal Conference in some cases verbatim,while in
other instances I have added verbiage of my own. The mater of fines was purposely not
previously addressed,however, I call your attention that violations of the State statute are
indicated as Class A, B, C Misdemeanors or a petty offense dependent upon the specific
violation. The fines range from
Class A Misdemeanor--Not less than$500 fine.
Class B Misdemeanor--Not less than$250 fine.
Class C Misdemeanor—(Fine not indicated in statute)$500 maximum fine.
Petty Offense-- (Fine not indicated in statute)$500 fine or lesser amount
stated in offense.
Page 5
Our current fine structure ranges from$25 to $500 for violation of the Municipal Code. It
is suggested that the JPZ Committee may wish to review our fine structure and discuss it
and the material contained herein with the Village Attorney. I believe that the
Committee's areas of concern have been addressed and structured in the format desired.
Please ignore references to deletions and renumbering within the Municipal Code as those
references were made for the benefit of the Village Clerk and myself If the Committee
approves of the suggested changes or has any further additions/deletions,please advise
and I will ask Ms. Smith to draft the changes into ordinance form for your review in a
completed form
Thank you.
FJE.Ib
Attachments
c: Trustee Chemick
Trustee Rettberg
Village Manager