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(a) Nuisance Party Defined. A social gathering or party which is conducted on premises within the city and which, by reason of the conduct of the persons in attendance, results in any one or more of the following conditions or events occurring at the site of the said party or social gathering, or on neighboring public or private property: disorderly conduct; illegal open container; outdoor urination or defection in a public place; unlawful sale, furnishing, dispensing or consumption of beer or intoxicating liquor; sale or furnishing of beer or intoxicating liquor to an underage person; possession or consumption of beer or intoxicating liquor by an underage person; illegal use of a controlled substance; public indecency; unlawful deposit of litter or refuse; the damage or destruction of property without the consent of the property owner; unlawful pedestrian or vehicular traffic; standing or parking of vehicles that obstructs the free flow of traffic on the public streets and sidewalks or that impedes the ability to render emergency services; unlawfully loud noise; or any other conduct or condition that threatens injury, inconvenience, or alarm to persons or damage to property which is hereby declared to be an unlawful public nuisance.
(b) Duty to Control Premises. Any person who is an owner, occupant, tenant, or otherwise has rightful possession or possessory control, individually or jointly with others, of any premises, who either sponsors, conducts, hosts, invites, or permits a social gathering or party on said premises which is or becomes a nuisance party, as defined in division (a), and which nuisance is either the intentional result of, or within the reasonable expectations of, the person or persons having such possessory control is deemed to be in violation of this section.
(c) Order to Cease and Disperse. A party or social gathering that is or becomes a nuisance party, as defined in division (a), shall cease upon the order of the Police Chief, or the Police Chief's designee; and all persons not residing therein at the site of such social gathering or party shall leave the premises immediately. Any person who fails or refuses to obey and abide by such an order shall be guilty of a violation of this section.
(d) Penalty. Whoever violates this section is guilty of a fourth degree misdemeanor. If a violation of this section creates a risk of physical harm to persons or property, a misdemeanor of the first degree. If the offender has been previously charged within the past twelve months for a violation of this section, a misdemeanor of the first degree.
(Ord. 45-09. Passed 1-7-10.)
(Ord. 45-09. Passed 1-7-10.)
(a) Definition. For purposes of this section, "loitering" and "loiter" mean remaining idly in, essentially one location and includes the colloquial expression "hanging around".
(b) No person shall loiter in a public place and do any of the following:
(1) Breach the peace; or create a disturbance or unreasonable annoyance to the comfort and repose of any person;
(2) Obstruct the free passage of pedestrians or vehicles;
(3) Obstruct, molest or physically interfere with any person;
(4) Engage in conduct which creates an unreasonable risk of physical harm, including making remarks of an offensive, disgusting or insulting nature to any person;
(5) Solicit others for the purpose of engaging in illicit sexual conduct.
(6) Commit in or upon any public street, public highway, public sidewalk, or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, and regress, therein, thereon and thereto.
(7) Linger about the doorway of any building, or sit or linger upon the steps, windowsills, railings, fence or parking area adjacent to any building in such a manner as to obstruct or partially obstruct ingress to or egress from such building or in such a manner to annoy the owner, occupant or potential patrons thereof.
(8) Congregate, or remain in or upon any property owned or leased by the City for use as a public parking lot, except for purposes of parking a vehicle and traveling without delay to and from a parked vehicle, and except as otherwise provided for in this section, between the hours of 9:00 p.m. and 7:00 a.m., Monday through Saturday inclusive, and from noon Sunday and legal holidays until 7:00 a.m. of the following day.
Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree.
(c) Whenever any police officer has reasonable grounds to believe that any person loitering in any public place is likely to cause any of the conditions enumerated in subsection (b) hereof, the police officer may order that person to leave that place in order to preserve the public peace and safety. Any person who refuses to leave a public place after being ordered to do so by a police officer in accordance with the preceding sentence is guilty of a misdemeanor of the fourth degree.
(Ord. 45-09. Passed 1-7-10.)
(Ord. 45-09. Passed 1-7-10.)