This chapter shall be known and cited as the "Village of Delhi
Nuisance Parties Law."
As used in this chapter, the following terms shall have the
meanings indicated:
NUISANCE PARTY
A gathering which is conducted on premises within the Village
of Delhi 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 gathering, or on neighboring public or private
property:
B.
Unlawful possession of an open container of alcoholic beverage.
C.
Outdoor urination or defecation in public view.
D.
Unlawful sale, furnishing, dispensing or consumption of an alcoholic
beverage.
E.
Sale or furnishing of an alcoholic beverage to an underage person.
F.
Unlawful possession, sale or use of a controlled substance.
G.
Unlawful deposit of litter or refuse.
H.
The damage or destruction of real or personal property.
I.
Unlawful pedestrian or vehicular traffic.
J.
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 or that in any other way violates provisions of Chapter
276 of the Village Code.
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, allows or permits a gathering on said premises.
No responsible person shall sponsor, conduct, host, invite,
allow or permit a nuisance party.
Any police officer, peace officer, or Code Enforcement Officer
who observes a nuisance party occurring may order that the nuisance
party be ceased and order all nonresidents on the premises where the
nuisance party has occurred to leave the premises immediately. Once
such an order has been given, no person shall remain on the premises
unless the person resides at the premises where the nuisance party
has occurred.
Any person who violates any provision of this chapter shall
be guilty of a violation and, upon conviction thereof, shall be subject
to a fine of not more than $250 or to imprisonment for a period not
to exceed 15 days, or to both such fine and imprisonment; upon a second
conviction within 12 months thereafter, to a fine of not more than
$500 or to imprisonment for a period not to exceed 15 days, or to
both such fine and imprisonment; and upon any subsequent conviction
thereafter, to a fine of not more than $1,000 or to imprisonment for
a period not to exceed 30 days, or to both such fine and imprisonment.
In addition, nothing herein contained shall prevent the Village from
taking such other lawful action as necessary to prevent or remedy
a violation of this chapter.
In the event that any section, paragraph, sentence, clause or
phrase of this chapter is held invalid or unconstitutional by any
court of competent jurisdiction, the invalid or unconstitutional portions
of the chapter shall be deemed severable from the chapter and shall
in no way affect the validity of the rest of the chapter.