In accordance with the Town of Palmer's Home Rule Authority, and to protect the health, safety, and welfare of the inhabitants of the Town, this article shall permit the Town to impose liability on owners and other persons responsible for nuisances and harm caused by loud and unruly gatherings on private property and is intended to discourage the consumption of alcoholic beverages by underage persons at such gatherings. This article is not intended as a general prohibition of any and all parties and/or gatherings but only intends to govern and enforce as to those that violate the terms of this article.
[Adopted 2-11-2013 by Ord. No. 2013-03 (Ch. 182 of the 2007 Code)]
As used in this article, the following terms shall have the meanings indicated:
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.
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.
A party, gathering, or event, where any number of persons have assembled or are assembling for a social occasion or social activity.
A person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.
Any residence or other private property, place, or location, and includes any commercial or business property.
The legal owner of record as listed by the Tax Assessor's records and/or records of the Hampden County Registry of Deeds.
A gathering of persons on any premises in a manner which constitutes a violation of any applicable statute, regulation or ordinance or creates a substantial disturbance of, or interference with the quiet enjoyment of private or public property in any neighborhood. It includes, but is not limited to, excessive noise, 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.
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 Town Manager.
Any person under 21 years of age.
Hosting, permitting, or allowing a party, gathering, or event that creates a Public nuisance or where consumption of alcohol by underage persons is allowed, occurs or encouraged is prohibited.
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 a public nuisance and/or 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 pursuant to any applicable provision of local or state law.
C.
It is a violation of this article, as well as whatever other statutes, rules or regulations may apply, for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where a public nuisance as defined herein occurs or 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.
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, spouse or legal guardian as set forth in MGL c. 138, § 34.
E.
This section shall not apply to any Massachusetts Alcoholic Beverages Control Commission licensee at any premises regulated by the Massachusetts Alcoholic Beverage Control Commission.
Notice of response by police or other local officials to a gathering shall be delivered either in hand or by certified mail to any property owner listed on the Town of Palmer 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.
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 notice, the following persons shall be jointly and severally liable for fines as set forth below. Response costs may also be assessed.
A.
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 shall be delivered either in hand or by certified mail 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 owner of the property shall not be held responsible for any violation and penalties if the owner is actively trying to evict a tenant from the property, which tenant is responsible for the violations resulting in the Police Department responses. 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.
B.
The person or persons residing on or otherwise in control of the property where such gathering took place.
C.
The person or persons who organized or sponsored such gathering.
D.
All persons attending such gatherings who engage in any activity resulting in the public nuisance.
A.
Criminal complaint. Whoever violates any provision of this article may be penalized by a complaint brought in the District Court. Except as otherwise provided by law and as the District Court may see fit to impose, the maximum penalty for each violation or offense brought in this manner shall be $300. Each day a violation continues shall constitute a separate offense; or
B.
Noncriminal disposition. Whoever violates any provision of this article may be penalized by noncriminal disposition as provided in MGL c. 40, § 21D and may be punished by a noncriminal fine of $100 for the first offense, $200 for the second offense, and $300 for the third offense. Each day a violation continues shall constitute a separate offense. The enforcing persons shall be any police officer of the Town of Palmer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Sections 90-10 and 90-11 shall not limit the authority of police officers to make arrests for any criminal offense arising out of conduct regulated by §§ 90-10 and 90-11, nor shall they limit the Town of Palmer's or the Commonwealth of Massachusetts' ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of §§ 90-10 and 90-11.
No provision of this article shall apply where prohibited or preempted by state or federal law. If any provision of this article, or the application thereof to any person or circumstances, is declared invalid, that invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provisions or application; to this end the provisions of this article are severable.