[HISTORY: Adopted by the Town Board of the Town of Hyde Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-28-2019 by L.L. No. 1-2019]
As used in this article, the following terms shall have the meanings indicated.
- NUISANCE PARTY
- A gathering which is conducted on property or premises within the Town of Hyde Park 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. Public urination or defecation.
- 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 sale or possession 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 vehicle traffic.
- J. Standing or parking of vehicles that obstruct the free flow of traffic on the public streets or sidewalks, or that impedes the ability to render emergency services.
- K. Violation of any section of Chapter 75, Noise, of the Town of Hyde Park Code.
- L. Trespassing.
- M. Exposure of a person or public lewdness.
- PERSON ATTENDING
- Any person in attendance at a nuisance party, whether or not such person has any possessory control of the property or premises where it occurs.
- PROPERTY OWNER
- Any person or legal entity which is an owner, lessor or licensor of property or premises in the Town of Hyde Park who allows another individual(s) or legal entity to reside at or occupy said property or premises.
- A. Any person who is an owner, occupant, tenant, or otherwise has rightful possession or possessory control, individually or jointly with others, of any property or premises, who either sponsors, conducts, hosts, invites or permits a gathering on said property or premises.
- B. A property owner who has been notified by the Town of Hyde Park Police Department of two prior convictions for violation of this article occurring within two years at a property or premises shall be considered a responsible person for purposes of future violations of this article occurring at other property or premises. Alternative proof of a property owner's responsible person status may be offered.
No responsible person shall sponsor, conduct, host, invite, allow or permit a nuisance party.
No person attending a nuisance party who has been ordered to leave such nuisance party by a competent authority shall stay at the nuisance party property or premises unless he or she is an owner or tenant residing at that property or premises.
No person attending a nuisance party who has been ordered to leave a nuisance party by a competent authority shall leave a nuisance party and attend another nuisance party within 72 hours.
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 nonowners and nonresidents on the property or premises where the nuisance party has occurred to leave the party or premises immediately.
Any police officer or code enforcement officer (including, but not limited to, zoning administrator, zoning enforcement officer, building inspector, deputy building inspector and/or fire inspector) who observes a nuisance party occurring and who finds a violation of any provision of § 78-2 above may seize any and all evidence of such violation and any and all evidence of the conditions or events based on § 78-1, "Nuisance Party" above, including, where appropriate, alcoholic beverages at the property or premises which are available to persons attending the nuisance party.
Any person violating any provision of this article shall be guilty of an offense punishable by a fine of no less than $250 but not to exceed $1,000 in amount or imprisonment not to exceed seven days, or any combination of such fine and imprisonment.
Any person violating any provision of this article for a second time within one calendar year from the date of his or her first offense shall be guilty of an offense punishable by a fine not less than $1,000 nor more than $2,500 in amount or imprisonment not to exceed 15 days, or any combination of such fine and imprisonment.
Any person violating any provision of this article for a third time within one calendar year from the date of his or her first offense shall be guilty of an offense punishable by a fine not less than $2,500 nor more than $5,000 in amount or imprisonment not to exceed 15 days, or any combination of such fine and imprisonment.
Nothing herein contained shall prevent the Town of Hyde Park from taking such other lawful action as is necessary to prevent or remedy a violation of any article.
In the event that any section, paragraph, sentence, clause or phrase of this article is held invalid or unconstitutional by any court of competent jurisdiction, the invalid or unconstitutional portions of this article shall be deemed severed from the article and shall in no way affect the validity of the rest of this article.