City of Buffalo, NY Chapter 295 Nuisance Party

[HISTORY: Adopted by the Common Council of the City of Buffalo 11-29-2016, effective 11-29-2016. Amendments noted where applicable.]

§ 295-1 Findings; intent.

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.

§ 295-2 Definitions.

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.

§ 295-3 Nuisance party prohibited.

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.

§ 295-4 Penalties for offenses.

A. Any person violating the provisions of this chapter may be liable for penalties as prescribed in Chapter 137, Article I, of this Code and § 1-15 of the City Charter and Code which states: "Every violation of any of the Code of the City of Buffalo shall be punishable by a fine or penalty of not more than $1,500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment, for each offense, in every case wherein no punishment or fine for a violation thereof is provided. Each day that a violation continues shall be deemed a separate violation. In addition to the aforesaid fines and penalties, a licensee who violates any provision of the Code shall be subject to a suspension or revocation of his license. Any payment returned by the Director of Treasury for insufficient funds will be subject to an additional charge as outlined in Chapter 175, Fees.

B. A Buffalo police officer who in the course of his/her duties and with firsthand knowledge observes a person in violation of the City's nuisance party ordinance may make and arrest without a warrant as authorized and provided by Criminal Procedure Law § 140.10. In the event a police officer makes an arrest without a warrant pursuant to this chapter, he/she must without unnecessary delay bring the arrested person before a local criminal court and file an appropriate accusatory instrument charging the individual with the appropriate offense as required by Criminal Procedure Law § 140.20.

(1) Alternatively, the arresting officer may issue and serve an appearance ticket upon the arrested person and release him/her from custody, provided that the police officer who has issued and served the appearance ticket, at or before the time the appearance ticket is returnable files with the local criminal court in which the ticket is returnable an accusatory instrument charging the named person with the appropriate offense pursuant to this chapter and in accordance with Criminal Procedure Law §§ 140 and 150.

(2) If the defendant does not appear in the designated local criminal court on the return date of the appearance ticket, the court may issue a summons or a warrant of arrest based on the accusatory instrument filed as authorized by all applicable provisions of the Criminal Procedure Law.