[Adopted 5-1-2008 ATM by Art. 23]
In accordance with the Town of Hadley's home rule authority
and to protect the health, safety, and welfare of the inhabitants
of the Town, this bylaw shall permit the Town to impose liability
on owners and other responsible persons for the nuisances and harm
caused by loud and unruly gatherings on private property and shall
discourage the consumption of alcoholic beverages by underage persons
at such gatherings.
Means ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, from whatever source or by whatever process produced.
All liquids intended for human consumption as a beverage
which contain 1/2 of 1% or more of alcohol by volume at 60° F.,
including malt beverages.
Means actively trying to evict a tenant from a premises by
delivery of a notice to quit and subsequent court proceedings if a
tenant fails to vacate the premises.
Is a party, gathering, or event where a group of persons
has assembled or is assembling for a social occasion or social activity.
Means a person who, by court order, is the guardian of the
person of a minor or a public or private agency with which a minor
has been placed by the court.
Means a person who is a natural parent, adoptive parent,
foster parent, or stepparent of another person.
Means any residence or other private property, place, or
location, including any commercial or business property.
Means the legal owner of record as listed by the Tax Assessors'
records.
Means a gathering of persons on any premises in a manner
which constitutes a violation of law or creates a substantial disturbance
of the quiet enjoyment of private or public property in a significant
segment of a neighborhood. Unlawful conduct includes, but is not limited
to, excessive noise, excessive pedestrian and vehicular traffic, obstruction
of public streets by crowds or vehicles, illegal parking, public urination,
the service of alcohol to underage persons, fights, disturbances of
the peace, and litter.
Are the costs associated with responses by law enforcement,
fire, and other emergency response providers to a gathering as set
forth in a schedule of costs established by the Select Board.
Means any person under 21 years of age.
Except as permitted by state law, it is unlawful for any underage
person to:
A.
Consume at any public place or any place open to the public any alcoholic
beverage; or
B.
Consume at any place not open to the public any alcoholic beverage,
unless in connection with the consumption of the alcoholic beverage
the underage person is being supervised by his or her parent or legal
guardian.
A.
It is the duty of any person having control of any premises who knowingly
hosts, permits, or allows a gathering at said premises to take all
reasonable steps to prevent the consumption of alcoholic beverages
by any underage person at the gathering. Reasonable steps include,
but are not limited to, controlling access to alcoholic beverages
at the gathering; controlling the quantity of alcoholic beverages
present at the gathering; verifying the age of persons attending the
gathering by inspecting driver's licenses or other government-issued
identification cards to ensure that underage persons do not consume
alcoholic beverages while at the gathering; and supervising the activities
of underage persons at the gathering.
B.
A gathering constituting a public nuisance may be abated by all reasonable
means, including but not limited to an order by the police requiring
the gathering to be disbanded and citation and/or arrest of any persons
under any applicable provision of local or state law.
C.
It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one underage person consumes an alcoholic beverage, provided that the person having control of the premises either knows an underage person has consumed an alcoholic beverage or reasonably should have known that an underage person consumed an alcoholic beverage and the person having control of said premises failed to take all reasonable steps to prevent the consumption of an alcoholic beverage by an underage person as set forth in Subsection A of this section.
D.
This section shall not apply to conduct involving the use of alcoholic
beverages that occurs exclusively between an underage person and his
or her parent or legal guardian.
E.
This section shall not apply to any Massachusetts Alcoholic Beverages
Control Commission licensee at any premises regulated by the Massachusetts
Alcoholic Beverages Control Commission.
Notice of response by police or other local officials to a gathering
shall be mailed to any property owner listed on the Town of Hadley
property tax assessment records and shall advise the property owner
that the third such response on the same premises within a one-year
period, as measured from the date of the first notice, shall result
in liability of the property owner for all penalties associated with
such response as more particularly described below.
A.
If the Police Department is required to respond to a gathering constituting
a public nuisance on the premises, the following persons shall be
jointly and severally liable for fines as set forth below. Response
costs may also be assessed.
B.
If the Police Department is required to respond to a gathering constituting
a public nuisance on the premises more than twice in any one-year
period, as measured from the date of the first response, the following
persons shall be jointly and severally liable for fines as set forth
below. Response costs may also be assessed.
(1)
The
person or persons who own the property where the gathering constituting
the public nuisance took place, provided that notice of the first
and second responses has been mailed to the owner of the property
as set forth herein and the gathering occurs at least 14 days after
the mailing of the second such notice. The owners of the property
shall not be held responsible for any violation and penalties if they
are actively trying to evict a tenant from the property. The one-year
time period for violations for a property shall pertain only to the
same residents occupying the property who have had the prior violation(s).
New residents shall start a new time cycle of one year should they
violate the bylaw.
(2)
The
person or persons residing on or otherwise in control of the property
where such gathering took place.
(3)
The
person or persons who organized or sponsored such gathering.
(4)
All
persons attending such gatherings who engage in any activity resulting
in the public nuisance.
The Select Board is hereby authorized to promulgate regulations
to implement this bylaw.
A.
This bylaw shall be enforced by criminal complaint in the District
Court. Violations shall be punishable by a fine of $300. In the alternative
it may be enforced by the noncriminal disposition process of MGL c.
40, § 21D. For the purpose of noncriminal enforcement, the
enforcing persons shall be any police officer of the Town of Hadley.
If enforced pursuant to noncriminal disposition, the following fine
shall apply:
[Amended 5-6-2010 ATM by Art. 9]
(1)
First and subsequent violations: $300.
C.
Sections 162-9 and 162-10 shall not limit the authority of police officers to make arrests for any criminal offense arising out of conduct regulated by §§ 162-9 and 162-10, nor shall they limit the ability of the Town of Hadley or the Commonwealth of Massachusetts to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of §§ 162-9 and 162-10.
[Amended 11-18-2010 STM by Art. 3]
No provision of this bylaw shall apply where prohibited or preempted
by state or federal law. If any provision of this bylaw, or the application
thereof to any person or circumstances, is declared invalid, that
invalidity shall not affect other provisions or applications of this
bylaw which can be given effect without the invalid provisions or
application; to this end the provisions of this bylaw are severable.
