As used in this article, the following terms
shall have the meanings indicated:
DWELLING UNIT USED FOR DISORDERLY OR OTHER DISRUPTIVE CONDUCT
Any dwelling unit (attached or detached) or any apartment or commercial lodging room located within the Town of Bethany Beach, the occupants, users or persons in lawful possession of which engage in any of the conduct proscribed by §
282-13 of this article. As used in this article, "dwelling unit" shall include not only the structure itself but also the lands and ways, if any, under control of the person(s) in lawful possession.
PERSON(S) IN LAWFUL POSSESSION
Any person, firm, partnership, association or corporation
(or any combination thereof) having legal possession of any premises
in the Town of Bethany Beach. The "person(s) entitled to legal possession"
shall mean the owner in fee or of a life estate if the property is
not under lease, or the ultimate lessee or sublessee if the property
is under lease.
PREMISES
A dwelling unit, apartment or commercial lodging room, together
with the lands and ways, if any, under the control of the person(s)
in possession.
Any person occupying or present on a premises
who by himself or in concert with other occupants and/or users causes
public inconvenience, annoyance or alarm to any other person or persons
or who creates an unreasonable risk thereof by engaging in or causing
any of the following conduct shall be violating this article:
A. Engaging in fighting or in violent, tumultuous or
threatening behavior.
B. Making, creating or permitting any unreasonably loud,
disturbing and unnecessary noise or making, creating or permitting
any noise of such character, intensity or duration as to be detrimental
to the life, health and welfare of any person or which disturbs, injures
or endangers the comfort, repose, peace or safety of any individual.
By way of example and not in limitation, the following shall be deemed
to be unreasonably loud, disturbing and unnecessary noises:
(1) Playing any radio, phonograph, tape deck or musical
instrument in such a manner or at such a volume, particularly between
the hours of 9:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet,
comfort or repose of any person in any other dwelling unit, apartment
or commercial lodging room.
(2) The blowing of any horn, whistle or signal device,
except as a danger signal, for an unreasonable and unnecessary period
of time.
(3) Yelling, shouting or singing at such volume as to
be plainly and disturbingly audible to the human ear outside the premises.
C. Making any offensive, coarse, obscene or profane utterance,
gesture or display to another person or persons in such a manner as
is likely to provoke a violent or disorderly response.
D. Obstructing or hindering the free and convenient passage
of persons walking, riding or driving over, along or across any public
way, sidewalk, pavement, street or alley, including the boardwalk.
E. Engaging in any act of indecent exposure or public
display of an obscene act or gesture.
F. Urinating in public view.
[Amended 2-17-2006 by Ord. No. 407]
Any occupant and/or user found guilty of violating §§
282-13 or any person(s) entitled to lawful possession found guilty of violating §
282-14 of this article shall pay such fines as set out in Chapter
1, General Provisions, Article
I, Penalties.