(a) Definition.
(1) 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, and results in any two or more of the following offenses occurring at the site of said party or social gathering, or on neighboring public or private property: disorderly conduct; illegal open container; outdoor urination or defecation in a public place; unlawful sale, furnishing, dispensing or consumption of beer or intoxicating liquor, sale or furnishing of beer, 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.
(2) As used herein "premises" shall have the same meaning as used in Section 1726.01(d).
(b) Duty to Control the Premises.
(1) 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 Section 541.18(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.
(2) A party or social gathering that is or becomes a nuisance party, as defined in Section 541.18(a) shall cease upon 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 to refuses to obey and abide by such an order shall be guilty of a violation of this section.
(c) Penalty.
Whoever violates Sections (b)(1) or (b)(2) is guilty of a misdemeanor of the fourth degree; for a second offense committed within nine months after the commission of the first offense, the person shall be guilty of a third degree misdemeanor.
(1) Whenever a violation of Section (a) or Section (b) occurs, a notice shall be sent by certified letter with return receipt requested by the Chief of Police or the Police Chief's designee to the owner of the property for each violation, with a copy of the same to the Code Enforcement Office of the City of Toledo to become part of the rental file. Said notice shall inform the owner of the date, time and location of the violation and the offenses constituting a violation.
(2) An owner who recklessly permits or allows three violations to occur within 12 months of the first notice shall be guilty of a civil violation and subject to a fine of one hundred fifty dollars ($150.00). An owner who receives notice of a civil violation shall have a right to appeal such violation pursuant to Section 1726.04.
(Ord. 709-04/38-05. Passed 1-11-05.)