HomeMy WebLinkAboutA002 - Memo from City Attorney to Veishea Task Force, proposed ordinances • Memo
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TO: Mayor's Task Force on VEISHEA JAN 6 1998
FROM: John R. Klaus, City Attorne
CITY OF AMES,tI
y OWA
DATE: January 6, 1998
SUBJECT: Party Regulations
You will recall that at our December 8th meeting we discussed an ordinance obtained from the City of East
Lansing, Michigan. That ordinance makes it a violation for persons who have possessory control of premises
to allow parties that could reasonably be expected to result in conditions off the premises that come within
the scope of what the ordinance includes in its definition of a nuisance.
On the afternoon of December 8, I attended a meeting of a group of fifteen or more people at Beardshear
Hall, presided over by Paul Tanaka, Director of University Legal Services. In response to comments and
requests voiced at that meeting, I prepared the two attached ordinances. One of the ordinances expands on
the East Lansing model by: a) including on-premises as well as off-premises conditions in the definition of
prohibited nuisance; and, b) adding a clear authorization for the police to shut down the party. The other
ordinance makes it the duty of persons in possessory control of premises where a party occurs, to take
reasonable measures to prevent underage persons from obtaining alcoholic beverages; and, giving the police
clear authorization to shut down a party where there is probable cause to believe that alcoholic beverages
are being obtained by underage persons.
Both of the ordinances were sent on December 16 to Paul Tanaka, Mary Richards and Dennis Ballantine.
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Attachments
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY ENACTING A NEW SECTION NUMBERED 17.30
PERTAINING TO THE DEFINITION AND REGULATION OF NUISANCE
PARTIES; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ENACTED, by the City Council for the City of Aries, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by adding
a new section as follows:
"Sec. 17.30. NUISANCE PARTY REGULATIONS.
(1) Nuisance Party Defined. A social gathering or party which is conducted on premises
within the City and which, by reason of the conduct of those persons in attendance, results in any one
or more of the following conditions of events occurring at the site of the said party or social gathering,
or on neighboring public or private property: public intoxication: unlawful consumption of beer, wine
or alcoholic beverages in a public place,outdoor urination or defecation in a public place; the unlawful
sale, furnishing,dispensing or consumption of beer, wine or alcoholic beverages; the 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, which obstructs the free flow
of traffic on the public streets and sidewalks or which impedes the ability to render emergency services;
nnnlawf illy loud noise; fighting; or, any other conduct or condition that threatens injury to persons or
darnage to property is hereby declared to be an unlawful public nuisance.
(2) Duty to Control Premises. Any person who is an owner, occupant, tenant, or otherwise
having any 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 public nuisance as defined in subsection(1)above, 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.
(3) A party or social gathering that is or becomes a public nuisance as defined in subsection
(1)above shall cease and disperse irmmediately upon the order of the Police Chief of the city of Ames,
or the Chiefs designee;and, all persons not domiciled at the site of such social gathering or party shall
leave the premises immediately. Any person who fails or refuses to obey and abide by such order shall
be guilty of a violation of this section."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as
set out in Section 1.9 of the Arnes Municipal Code.
Section Three. This ordinance shall be it full force and effect from and after its passage and publication as
required by law.
Passed this day of
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor
0479
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY ADDING A NEW SECTION RELATIVE TO THE DUTIES
OF PERSONS IN CONTROL OF THE SITE OF A SOCIAL GATHERING TO
PREVENT CONSUMPTION OF ALCOHOLIC BEVERAGES BY UNDERAGE
PERSONS; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by adduig
a new section as follows:
"Sec. 17.31. PREVENTION OF CONSUMPTION OF ALCOHOLIC BEVERAGES BY
UNDERAGE PERSONS AT PARTIES.
(1) Any person who is an owner,occupant, tenant, or otherwise having a possessory control,
individually or jointly with others, of any premises, who either sponsors, conducts, hosts, invites, or
pennits a social gathering or party on said premises shall take reasonable measures to prevent persons
wider the legal age from consuming or obtaining on said premises any beer, wine or alcoholic beverage
except in the case of beer, wine, or alcoholic beverage given or dispensed to a person wider the legal
age within a private home and with the knowledge, presence, and consent of the parent or guardian.
Said reasonable measures shall include, by way of specification but not limitation, summoning police
to the premises to aid in ending and dispersing the social gathering or party at which it appears likely
that underage persons either have or will obtain or consume beer, wine, or other alcoholic beverages.
(2) When the chief of Police of the City of Ames, or the Chief's designee, have probable
cause to believe that persons of less than the legal age for possession and consumption of alcoholic
beverages are obtaining said beverages at a certain party or social gathering, the said Chief of Police
or designee shall order that party or social gathering to end, and shall order all persons not domiciled
at the site of such social gathering or party to leave the premises immediately. Any person who fails
or refuses to obey and abide by such order shall be guilty of a violation of this section."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as
set out in Section 1.9 of the Municipal Code.
Section Three. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor
0480