The Common Council finds that the existence of nuisance parties
within the City of Buffalo is detriment to the comfort, convenience,
safety, health and welfare of the citizens of the City, and that persons
within the City are entitled to be free from gatherings which are
a detriment to life, health, welfare, and enjoyment of property. Therefore
it intends to prohibit all gatherings which can be defined as a nuisance
party from all sources subject to its police power in order to preserve,
protect, and promote health, safety, and welfare and the peace, quiet,
comfort, and repose of persons within the City.
As used in this chapter, the following terms shall have the
meanings indicated:
NUISANCE PARTY
A social gathering which is conducted on premises within
the City of Buffalo 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 said social gathering, or on
neighboring public or private property:
A.
Unlawful possession of an open container;
B.
Outdoor urination or defecation in a public place;
C.
Unlawful sale, furnishing, dispensing or consumption of an alcoholic
beverage;
D.
Sale or furnishing of an alcoholic beverage to an underage person;
E.
Possession or consumption of an alcoholic beverage by 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 property without the consent of
the property owner;
I.
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;
J.
Unreasonable noises as defined in §
293-2.
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 or permits a social gathering on said premises.
No responsible person shall sponsor, conduct, host, invite or
permit a nuisance party. No person shall remain on the premises where
a nuisance party has been ordered to be ceased by an officer of the
City of Buffalo Police Department unless the person resides at the
premises where the nuisance party has occurred.