Village of Cobleskill, NY Other Provisions

A required intervention at the same location to abate a gathering constituting a public nuisance occurring within a period of six months after the property was posted, is punishable:

(1)

For the first intervention in a posting period, the fine shall be a mandatory $300;

(2)

For the second such intervention in a posting period, the fine shall be a mandatory $400 and up to 50 hours of community service;

(3)

For any further such responses in a posting period, the fine shall be a mandatory $500 and up to 100 hours of community service.

Any other provision of this chapter shall be punishable by a fine not to exceed $500, or not more than 100 hours of community service, or any combination of such fine and community service; provided, however, that a person who shall violate any provision of this chapter after having been convicted of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $750, or not more than 125 hours of community service, or any combination of fine and community service; and further provided that any person who shall violate any provision of this chapter after having been convicted two or more times of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $1,000, or not more than 125 hours of community service, or any combination of such fine and community service. For any penalties of community service, the court may accept community service from people other than the defendant whom the court deems appropriate, such as other residents of the premises or others who choose to accept responsibility for the violation. In assessment of the above penalties, aggravating factors shall include but not be limited to the presence of the following factors:

[Amended 7-21-2020 by L.L. No. 2-2020]

(1)

A common source of alcohol such as a keg;

(2)

A live band or disc jockey or other live entertainment;

(3)

Amplified sound emanating from speakers placed or directed outside of the building;

(4)

A charge to gain entrance into the premises or to consume alcohol;

(5)

The offense takes place after midnight on weekdays and 1:00 a.m. on weekends and before the following 6:00 a.m.;

(6)

More than 10 guests on the premises, "guests" being defined for the purposes of this section as any people who do not reside at the premises;

(7)

Any underage person or persons possessing or consuming alcohol on the premises, each underage person constituting a separate aggravating circumstance;

(8)

More than one complaint made to the police about the noise, each complaint after the first being a separate aggravating circumstance.

For purposes of this chapter, for any offense that takes place on private property, if the person or persons directly responsible for the activity that violates any provision of this chapter cannot be determined, then all residents of the property on which the activity takes place shall be presumed to be responsible for the violation.