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HomeMy WebLinkAbout~Master - Definition and Regulation of Nuisance Parties ORDINANCE NO. 3475 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 Ames, 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 that obstructs the free flow of traffic on the public streets and sidewalks or that impedes the ability to render emergency services; unlawfully loud noise; fighting, or, any other conduct or condition that threatens injury to persons or damage 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 immediately 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 by a penalty of$100.00 for the first offense and a penalty of$200 for each repeat offense. Section Three. The civil penalty provision of Section Two above notwithstanding, and as an alternative thereto, a violation of this ordinance shall also constitute a misdemeanor punishable by a fine not to exceed $100.00, or by imprisonment for not longer than thirty days. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 24th day of February 1998. J -tea f Ted Tedesco, Mayor 0479 Jill Ripperger Deputy City Clerk