Village of Delhi, NY Chapter 200 Nuisance Parties

[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 11-19-2012 by L.L. No. 2-2012. Amendments noted where applicable.]

GENERAL REFERENCES

Public nuisances — See Ch. 199.

§ 200-1 Title.

This chapter shall be known and cited as the "Village of Delhi Nuisance Parties Law."

§ 200-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

NUISANCE PARTY

A gathering which is conducted on premises within the Village of Delhi 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 gathering, or on neighboring public or private property:

A. Disorderly conduct.

B. Unlawful possession of an open container of alcoholic beverage.

C. Outdoor urination or defecation in public view.

D. Unlawful sale, furnishing, dispensing or consumption of an alcoholic beverage.

E. Sale or furnishing of an alcoholic beverage to an underage person.

F. Unlawful possession, sale or use of a controlled substance.

G. Unlawful deposit of litter or refuse.

H. The damage or destruction of real or personal property.

I. Unlawful pedestrian or vehicular traffic.

J. 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 or that in any other way violates provisions of Chapter 276 of the Village Code.[1]

K. Unlawfully loud noise.

RESPONSIBLE PERSON

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, allows or permits a gathering on said premises.

[1] Editor's Note: See Ch. 276, Vehicles and Traffic.

§ 200-3 Nuisance parties prohibited.

No responsible person shall sponsor, conduct, host, invite, allow or permit a nuisance party.

§ 200-4 Police authorized to cease nuisance parties and order nonresidents off premises.

Any police officer, peace officer, or Code Enforcement Officer who observes a nuisance party occurring may order that the nuisance party be ceased and order all nonresidents on the premises where the nuisance party has occurred to leave the premises immediately. Once such an order has been given, no person shall remain on the premises unless the person resides at the premises where the nuisance party has occurred.

§ 200-5 Penalties for offenses.

Any person who violates any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not more than $250 or to imprisonment for a period not to exceed 15 days, or to both such fine and imprisonment; upon a second conviction within 12 months thereafter, to a fine of not more than $500 or to imprisonment for a period not to exceed 15 days, or to both such fine and imprisonment; and upon any subsequent conviction thereafter, to a fine of not more than $1,000 or to imprisonment for a period not to exceed 30 days, or to both such fine and imprisonment. In addition, nothing herein contained shall prevent the Village from taking such other lawful action as necessary to prevent or remedy a violation of this chapter.

§ 200-6 Severability.

In the event that any section, paragraph, sentence, clause or phrase of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, the invalid or unconstitutional portions of the chapter shall be deemed severable from the chapter and shall in no way affect the validity of the rest of the chapter.