Enterprising College Students

BM
Banks, Marianne
Thu, Nov 21, 2013 10:44 PM

Here's a hypothetical for you:  It has been reported that some college students have rented lofts and are holding regular "parties" there, over any reasonable occupancy limits.  It is also reported that these events are really not private parties, but open to the public, and some enterprising students are even charging cover charges . . . So needless to say there could be a few different potential ordinance violations here, but assuming that the only violation is one related to occupancy levels - International Fire Code and International Building Code are adopted.  Fire officials have serious concerns with occupancy levels due to lack of sprinkler system and exits, on upper floor of building, and impairment of attendees by use of alcohol.  If serious life-safety concern, what is opinion of entry without a warrant (assuming they are let in as the general public is)?  What about other violations are in plain view?  How much success do you have in your jurisdiction with (a) securing warrants for code violations like this, and (b) prosecution for code violations in municipal court?

Marianne

Marianne Landers Banks
Assistant City Attorney
City of Springfield Law Department
840 Boonville Ave.
Springfield, MO 65801
417-864-1123 - office
512-635-3484 - mobile
417-864-1705 - fax
mbanks@springfieldmo.govmailto:mbanks@springfieldmo.gov

Note:  This may be a privileged and confidential communication and attorney-client privileged.  Attorneys are required to notify all recipients of e-mail that (1) e-mail communication is not a secure method of communication, (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from me to you or vice versa,  (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or even some computer unconnected to either of us which the e-mail passes through.  I am communicating to you via e-mail because you have consented to receive communications via this medium.  If you want future communications to be sent in a different fashion, or if you receive this message in error please let me know AT ONCE by calling 417-864-1645 or emailing mbanks@springfieldmo.govmailto:mbanks@springfieldmo.gov .

Here's a hypothetical for you: It has been reported that some college students have rented lofts and are holding regular "parties" there, over any reasonable occupancy limits. It is also reported that these events are really not private parties, but open to the public, and some enterprising students are even charging cover charges . . . So needless to say there could be a few different potential ordinance violations here, but assuming that the only violation is one related to occupancy levels - International Fire Code and International Building Code are adopted. Fire officials have serious concerns with occupancy levels due to lack of sprinkler system and exits, on upper floor of building, and impairment of attendees by use of alcohol. If serious life-safety concern, what is opinion of entry without a warrant (assuming they are let in as the general public is)? What about other violations are in plain view? How much success do you have in your jurisdiction with (a) securing warrants for code violations like this, and (b) prosecution for code violations in municipal court? Marianne Marianne Landers Banks Assistant City Attorney City of Springfield Law Department 840 Boonville Ave. Springfield, MO 65801 417-864-1123 - office 512-635-3484 - mobile 417-864-1705 - fax mbanks@springfieldmo.gov<mailto:mbanks@springfieldmo.gov> Note: This may be a privileged and confidential communication and attorney-client privileged. Attorneys are required to notify all recipients of e-mail that (1) e-mail communication is not a secure method of communication, (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from me to you or vice versa, (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or even some computer unconnected to either of us which the e-mail passes through. I am communicating to you via e-mail because you have consented to receive communications via this medium. If you want future communications to be sent in a different fashion, or if you receive this message in error please let me know AT ONCE by calling 417-864-1645 or emailing mbanks@springfieldmo.gov<mailto:mbanks@springfieldmo.gov> .