[HISTORY: Adopted by the Mayor and Council of the City of
Harrington 8-17-2015 by Ord. No.
15-09. Amendments noted where applicable.]
For purpose of this chapter, the following definitions shall
apply:
Any owner, owner's agent, manager, caretaker, tenant,
occupant, and/or person occupying and/or responsible for any residential,
commercial, or any other premises located in the City of Harrington
regardless of whether it be a person or artificial entity.
Any conduct which causes public inconvenience, annoyance,
alarm, or danger to a reasonable person; has the reasonable likelihood
of causing public inconvenience, annoyance, alarm, or danger; or disrupts
the quiet use, enjoyment, and good order of adjoining and surrounding
properties. Unauthorized conduct includes, but is not limited to,
engaging in fighting or in violent, tumultuous, or threatening behavior;
making unreasonable noise or an offensively coarse utterance, gesture,
or display or addressing abusive language to any person present; obstructing
vehicular traffic or pedestrian traffic; creating a hazardous or physically
offensive condition which serves no legitimate purpose; or engaging
in any unlawful conduct.
It shall be unlawful for any person to engage in any unauthorized
conduct at any time on any premises located in the City of Harrington.
Any person who fails to obey the order of a police officer to dispel
and disperse or otherwise discontinue the unauthorized conduct may
be cited for an additional violation of this chapter.
Any person who occupies or exercises any control over the premises where the violation of § 145-2 hereof has occurred, or where the violation of § 145-2 originated should the violation move immediately to another public venue, shall be presumed to allow, suffer, or permit such conduct after receiving notice that such conduct has occurred and shall be in violation of this chapter if a further violation of § 145-2 occurs within 180 days of receiving said notice.
A.
Notice is properly served upon a person if a copy of such notice
is:
(1)
Delivered to the person personally;
(2)
Hand delivered to the person's registered office;
(3)
Left at the person's usual place of abode or business, in the
presence of an employee or family member who has reached the age of
majority, whichever the case may be, who shall be informed of the
contents of such notice;
(4)
Sent by certified mail, return receipt requested, addressed to the
person at the person's last known address; or
(5)
Sent by certified mail, return receipt requested, to the mailing
address of the owner of the subject premises as recorded in the assessment
records.
A.
Any person convicted of a violation of this chapter shall be fined as established in Chapter 180, Municipal Fees.
B.
In the event that the person convicted is a minor, the minor's
parents or guardian shall be financially responsible for the payment
of any and all fines assessed under this provision. In any prosecution
for any offense under this chapter, it shall be an affirmative defense,
which must be proved by the preponderance of the evidence, that the
tenant or occupant has been evicted and is no longer on the premises,
or if there is pending at the time of trial an eviction action against
the tenant or occupant of the premises which action is being pursued
in good faith. Otherwise the fines imposed under this subsection shall
not be suspended.
A.
Any person convicted of a violation of this chapter shall be responsible
for any and all additional expenses incurred by the City of Harrington
as a result of the person's unauthorized conduct and shall indemnify
the City of Harrington and its personnel from any claims for loss
of damage to person or property (real or personal) that may directly
or indirectly be occasioned by the unauthorized conduct. In the event
the person convicted is a minor, the minor's parent or guardian
shall be financially responsible for the payment thereof.
B.
Additional expenses shall include, but shall not be limited to, attorneys'
fees, court costs, and expenses incurred in conjunction with any such
claim, removal of all debris and litter from public property and surrounding
properties affected by the unauthorized conduct, damage to personal
property located on public property and surrounding properties, the
cost of retaining outside law enforcement and/or other emergency assistance,
the cost for police officers and other emergency personal or real
public property, and personal injury damages (including death) to
City of Harrington employees and other outside law enforcement and/or
emergency personnel.
In the event a person convicted of a violation of this chapter fails or refuses to comply with an order of the City of Harrington Police Department and/or the City of Harrington Code Enforcement Officer, after due notice thereof, either actual or constructive, to remit payment for any fines or additional expenses owed in accordance with §§ 145-5 and 145-6 hereof, said amounts shall be charged against the real estate upon which the violation occurred and shall be a lien upon such real estate. Such lien shall be added to the tax bill pursuant to § 12.2 of the Charter.
This chapter shall be enforced by the City of Harrington Police
Department and/or the City of Harrington Code Enforcement Officer.
Jurisdiction for violations of this chapter shall be in the Justice
of the Peace Court.
