(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:
(1) disorderly conduct;
(2) illegal open container;
(3) outdoor urination or defecation in a public place, or on the property of another;
(4) unlawful sale, furnishing, dispensing or consumption of beer or intoxicating liquor; sale or furnishing of beer or intoxicating liquor to an underage person;
(5) possession or consumption of beer or intoxicating liquor by an underage person; illegal use of a controlled substance;
(6) public indecency;
(7) unlawful deposit of litter or refuse;
(8) damage or destruction of property without the consent of the property owner; unlawful pedestrian or vehicular traffic;
(9) 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;
(10) 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 subsection (a) hereof, 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) Retaliation. No person shall direct a verbal, physical or electronic act against the person, family or property of any individual who complains of or witnesses a violation of the Nuisance Party regulations for the purpose of intimidating or retaliating against that person for the
exercise of the right to complain or testify to a violation of this Code.
(e) Penalty. Whoever violates this section is guilty of an unclassified misdemeanor offense, punishable by a fine of at least $500.00 and not exceeding $1,000 and up to thirty (30) days in jail. For a second offense committed within twelve months after the commission of the first
offense, the person shall be guilty of a misdemeanor offense, punishable by a fine of at least $750.00 and not exceeding $1,000.
(Ord. 2007-23. Passed 3-7-07.)