[HISTORY: Adopted by the Town Council of the Town of Lincoln 10-19-2010 by Ord. No. 2010-8. Amendments noted where applicable.]
A.
It shall be a public nuisance to conduct a gathering of persons on
any private property in a manner which constitutes a substantial disturbance
of the quiet enjoyment of private or public property in a significant
segment of a neighborhood, as a result of conduct constituting a violation
of law. Illustrative of such unlawful conduct is excessive noise or
traffic, obstruction of public streets by crowds or vehicles, illegal
parking, public drunkenness, public urination, the service of alcohol
to minors, fights, disturbances of the peace, and litter.
B.
A gathering constituting a public nuisance may be abated by all reasonable
means, including but not limited to an order requiring the gathering
to be disbanded and citation and/or arrest of any law violators under
any applicable ordinances and state statutes.
C.
This chapter shall apply to non-owner-occupied dwelling units.
Notice of the intervention shall be mailed by the Police Department
to any property owner on the Town of Lincoln property tax assessment
records and shall advise the property owner that any subsequent such
intervention within a one-year period on the same premises shall result
in liability of the property owner for all penalties associated with
such intervention as more particularly set forth below. Said notice
shall state that the intervention of the police has been necessitated
as a result of a public nuisance under this chapter caused by an event
at the premises, the date of the police intervention, and that any
subsequent event within the period set forth below on the same premises
which necessitates police intervention shall result in the joint and
several liability of any guests causing the public nuisance or any
persons who own or are residents of the property at which the public
nuisance occurred or who sponsored the event constituting the public
nuisance.
A.
If the Police Department is required to respond to a gathering constituting
a public nuisance on the premises more than once in any one-year period,
the following persons shall be jointly and severally liable for fines
as set forth below:
(1)
The person or persons who own the property where the gathering constituting
the public nuisance took place, provided that notice has been mailed
to the owner of the property as set forth herein and the gathering
occurs at least two weeks after the mailing of such notice.
(2)
The person or persons residing on or otherwise in control of the
property where such gathering took place.
(3)
The person or persons who organized or sponsored such gathering.
(4)
All persons attending such gatherings who engage in any activity
resulting in the public nuisance.
B.
Nothing in this section shall be construed to impose liability on
the residents or owners of the premises or sponsor of the gathering
for the conduct of persons who are present without the express or
implied consent of the resident or sponsor, as long as the resident
and sponsor have taken all steps reasonably necessary to exclude such
uninvited participants from the premises, including landlords who
are actively attempting to evict a tenant from the premises.
C.
Where an invited guest engages in conduct which the sponsor or resident
could not reasonably foresee and the conduct is an isolated instance
of a guest at the event violating the law which the sponsor is unable
to reasonably control without the intervention of the police, the
unlawful conduct of the individual guest shall not be attributable
to the sponsor or resident for the purposes of determining whether
the event constitutes a public nuisance under this chapter.
A.
It shall be a Code violation punishable as set forth herein when intervention at the same location to abate a gathering constituting a public nuisance occurs within one year after the initial notice in accordance with § 236-2:
(1)
For the first intervention in a one-year period, the fine shall be
a minimum mandatory $300.
(2)
For the second such intervention in a one-year period, the fine shall
be a minimum mandatory $400.
(3)
For any further such responses in a one-year period, the fine shall
be a minimum mandatory $500.
B.
In addition to the above, the Municipal Court shall be authorized
to order the person or persons in violation to perform community service.
For a first intervention, ordering community service shall be discretionary.
For a second or third intervention, the Municipal Court shall, in
addition to the monetary penalty set forth above, order the person
or persons in violation to perform not less than 25 hours of community
service for a second intervention and not less than 50 hours of community
service for a third intervention.
