[HISTORY: Adopted by the Town Board of the Town of Stony
Point as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-23-2018 by L.L. No. 5-2018]
For the purposes of this article, the following terms are defined
as follows:
A gathering which is conducted on premises within the Town
of Stony Point and which, by reason of the conduct of the persons
in attendance or other responsible person for the occurrence of the
party, 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:
Disorderly conduct.
Unlawful possession of an open container of alcoholic beverage.
Outdoor urination or defecation in public view.
Unlawful sale, furnishing, dispensing or consumption of an alcoholic
beverage.
Sale or furnishing of an alcoholic beverage to an underage person.
Unlawful possession, sale or use of a controlled substance or
marijuana.
Unlawful deposit of litter or refuse.
The damage or destruction of real or personal property.
Unlawful pedestrian or vehicular traffic.
Standing or parking of vehicles that obstruct the free flow
of traffic on the public streets and sidewalks or that impedes the
ability to render emergency services.
Loud noise in violation of Chapter 148 of the Town Code.
Trespassing.
Advertising, selling or otherwise offering admission to an event
at a residential location in a manner that constitutes a commercial
use of the premises.
Unlawful use of a residential swimming pool in violation of
the New York State Sanitary Code.
Unlawful sale of food in violation of the New York State Sanitary
Code.
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 gathering on said premises.
No responsible person shall sponsor, conduct, host, invite,
allow or permit a nuisance party.
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.
No person shall remain on the premises where a nuisance party
has been ordered to be ceased by any persons authorized to cease nuisance
parties unless the individual resides at the premises where the nuisance
party has occurred.
A.
Any person violating any provision of this article shall be guilty
of an offense punishable by a fine not to exceed $5,000 in amount
or imprisonment not to exceed 15 days, or any combination of such
fine and imprisonment, or a civil penalty not to exceed $5,000 for
each offense.
B.
Any person violating any provision of this article for a second time
within one calendar year from the date of their first offense shall
be guilty of an offense punishable by a fine not less than $750 nor
more than $7,500 in amount or imprisonment not to exceed 15 days,
or any combination of such fine and imprisonment.
C.
Any person violating any provision of this article for a third time
within one calendar year from the date of their first offense shall
be guilty of an offense punishable by a fine not less than $1,500
nor more than $10,000 in amount or imprisonment not to exceed 15 days,
or any combination of such fine and imprisonment.
D.
Nothing herein contained shall prevent the Town of Stony Point from
taking such other lawful action as necessary to prevent or remedy
a violation.
