Village of Phoenix, NY Chapter 126 Nuisance Gatherings

[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 2-7-2017 by L.L. No. 4-2017. Amendments noted where applicable.]

GENERAL REFERENCES

Noise — See Ch. 123.

Parental responsibility — See Ch. 132.

Parks and public property — See Ch. 133.

Peace and good order — See Ch. 137.

Streets and sidewalks — See Ch. 165.

Vehicles and traffic — See Ch. 190.

§ 126-1 Title.

This chapter shall be known as the "Nuisance Gathering Local Law."

§ 126-2 Definitions.

For the purposes of this chapter, the following terms are defined as follows:

NUISANCE GATHERING

A social gathering which is conducted on premises within the Village of Phoenix 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 said social gathering, or on neighboring public or private property:

A. ​Disorderly conduct;

B. Unlawful possession of an open container;

C. Outdoor urination or defecation in a public place;

D. Unlawful sale, furnishing, dispensing or consumption of an alcoholic beverage;

E. Sale or furnishing of an alcoholic beverage to an underage person;

F. ​Possession or consumption of an alcoholic beverage by an underage person;

G. ​Unlawful possession, sale or use of a controlled substance;

H. Unlawful deposit of litter or refuse;

I. The damage or destruction of property without the consent of the property owner;

J. Unlawful pedestrian or vehicular traffic;

K. 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; and

L. Unlawfully loud noise.

RESPONSIBLE PERSON

Any person who is an owner, occupant, tenant, or otherwise has rightful possession or possessory control, individually or jointly with others, of any premises, who either sponsors, conducts, hosts, invites or permits a social gathering on said premises.

§ 126-3 Nuisance gatherings prohibited.

No responsible person shall sponsor, conduct, host, invite or permit a nuisance gathering.

§ 126-4 Police authorized to cease nuisance gathering.

Any police officer or peace officer who observes a nuisance gathering occurring may order that the nuisance gathering be ceased and order all nonresidents on the premises where the nuisance gathering has occurred to leave the premises immediately.

§ 126-5 Remaining on premises prohibited.

No person shall remain on the premises where a nuisance gathering has been ordered to be ceased by an officer of the Village of Phoenix Police Department unless the person resides at the premises where the nuisance gathering has occurred.

§ 126-6 Penalties for offenses.

Any violation of the provisions of this chapter shall constitute an offense punishable by a fine not to exceed $500 in amount, or imprisonment, not to exceed 15 days or both such fine or imprisonment, or a civil penalty of $500 to be recovered by the Village of Phoenix in a civil action or proceeding.