[HISTORY: Adopted by the Board of Trustees of the Village of Tivoli 7-15-2015 by L.L. No. 2-2015. Amendments noted where applicable.]
The purpose of this chapter is to preserve, protect and promote the public health, safety and welfare of the public.
As used in this chapter, the following terms shall have the meanings indicated:
- NUISANCE PARTY
- A gathering which is conducted on property or premises within the Village of Tivoli 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:
- A. Disorderly conduct.
- B. Unlawful possession of an open container of alcoholic beverage in violation of the Vehicle and Traffic Law or Chapter 76, Alcoholic Beverages, of the Village of Tivoli Code.
- C. Public urination or defecation in violation of Chapter 173, Public Urination or Defecation, of the Village of Tivoli Code.
- 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 sale or possession or use of a controlled substance.
- G. Unlawful deposit of litter or refuse.
- H. Unlawful damage or destruction of real or personal property.
- I. Unlawful pedestrian or vehicle traffic.
- J. Standing or parking of vehicles that obstruct the free flow of traffic on the public streets or sidewalks, or that impedes the ability to render emergency services.
- K. Violation of any section of Chapter 151, Noise, of the Village of Tivoli Code.
- L. Trespassing.
- M. Exposure of a person or public lewdness.
- PERSON ATTENDING
- Any person in attendance at a nuisance party, whether or not such person has any possessory control of the property or premises where it occurs.
- PROPERTY OWNER
- Any person or legal entity which is an owner, lessor or licensor of property or premises in the Village of Tivoli who allows another individual(s) or legal entity to reside at or occupy said property or premises.
- A. Any person who is an owner, occupant, tenant, or otherwise has rightful possession or possessory control, individually or jointly with others, of any property or premises, who either sponsors, conducts, hosts, invites, allows or permits a gathering on said property or premises.
- B. A property owner who has been notified by the Tivoli Village Clerk of two prior convictions for violation of this chapter occurring within two years at a property or premises shall be considered a responsible person for purposes of future violations of this chapter occurring at that property or premises. Alternative proof of a property owner's responsible person status may be offered.
No responsible person shall sponsor, conduct, host, invite, allow or permit a nuisance party.
No person attending a nuisance party who has been ordered to leave such nuisance party by a competent authority shall stay at the nuisance party property or premises unless he or she is an owner or tenant residing at that property or premises.
No person attending a nuisance party who has been ordered to leave a nuisance party by a competent authority shall leave a nuisance party and attend another nuisance party within 72 hours.
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 nonowners and nonresidents on the property or premises where the nuisance party has occurred to leave the property or premises immediately.
Any police officer who observes a nuisance party occurring and who finds a violation of any provision of § 153-3 above may seize any and all evidence of such violation and any and all evidence of the conditions or events listed at § 153-2, "nuisance party," above, including, where appropriate, alcoholic beverages at the property or premises which are available to persons attending the nuisance party.
Any person violating any provision of this chapter shall be guilty of an offense punishable by a fine of not less than $250 but not to exceed $1,000 in amount or imprisonment not to exceed seven days, or any combination of such fine and imprisonment.
Any person violating any provision of this chapter for a second time within one calendar year from the date of his or her first offense shall be guilty of an offense punishable by a fine not less than $1,000 nor more than $2,500 in amount or imprisonment not to exceed 15 days, or any combination of such fine and imprisonment.
Any person violating any provision of this chapter for a third time within one calendar year from the date of his or her first offense shall be guilty of an offense punishable by a fine not less than $2,500 nor more than $5,000 in amount or imprisonment not to exceed 15 days, or any combination of such fine and imprisonment.
Nothing herein contained shall prevent the Village of Tivoli from taking such other lawful action as is necessary to prevent or remedy a violation of this chapter.
The invalidity of any word, section, clause, paragraph, sentence, part of provision of this chapter shall not affect the validity of any other part of this chapter, which can be given effect without such part or parts.