Ordinance helps police enforce the law

by Anna Jauhola • Daily News
Published/Last Modified on Tuesday, February 2, 2010 3:23 PM CST

Breckenridge City Council members raised a few questions during the first reading of the social host ordinance Monday. Alderman Matt Kammerer asked whether there is a current problem this ordinance is meant to address.

"What this (ordinance) does is allows people to become responsible... regardless of their age or if they're an 18-year-old or an adult, if you are allowing children to gather at a location or you're responsible for it, for the purpose of consuming alcohol, then you are going to be held responsible," said Tim Fox, city attorney.

He added the ordinance explains the types of things a person is responsible for and makes reference to reasonable steps to prevent a party from occurring.

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Kammerer still questioned whether there is a current issue police or other officials are having that warrants the ordinance.

Fox said it is an overall health concern. Drinking alcohol can lead to binge drinking, alcoholism, injury or fatal accidents.

"If parents don't control their children... and allow kids to get drunk and out of control, they're responsible," Mayor Cliff Barth said about supervised and unsupervised parties.

"So if I don't lock up my liquor cabinet, I'm responsible?" Kammerer asked.

"Not necessarily," Fox said.

A person planning the party, who sends invitations, gives money to supply alcohol or supplies the alcohol, is responsible for the party. The ordinance allows law enforcement to use sales receipts, text messages and other party promotions as evidence to prove someone planned the party.

"There are some trends back when we were all 21 that didn't happen, like YouTube and Web sites," said Nate Harder, Breckenridge police chief. "The elements of the offense are easier to prove."

Harder said the ordinance will be enforced responsibly.

"We're not going to terrorize the town with it," he said. "It's another tool in my toolbox... that we can do some good in the community."

He added he doesn't want to be reactive when lives are in jeopardy, and the way some kids are drinking they are in danger of causing harm. The tool to better enforce the law will make Harder's and his officer's jobs easier, he said.

The council will hold second reading of the social host ordinance at its regular meeting Tuesday, Feb. 16 at 5:30 p.m.

In other business:

• The council approved to hire Carlson Highland, certified public accountants, Fergus Falls, Minn., for a one-year contract to do the city's audit for 2009.

The cost is $12,000, which is $10,000 less than last year. Eide Bailly, LLP, Fargo, did the audit last year and several circumstances including the flood delayed the process. City Clerk-Treasurer Bev Wilson said Rothsay and Battle Lake officials are happy with the services Carlson Highland provided.

• City and county officials will attend a flood meeting with the National Weather Service at the Wilkin County Recycling Center at 1 p.m. Tuesday, Feb. 9.


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