[Adopted 1-28-2019 by L.L. No. 1-2019]
As used in this article, the following terms shall have the
meanings indicated.
NUISANCE PARTY
A gathering which is conducted on property or premises within
the Town of Hyde Park 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.
Public urination or defecation.
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.
The 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
75, Noise, of the Town of Hyde Park Code.
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 Town of Hyde Park who allows another
individual(s) or legal entity to reside at or occupy said property
or premises.
RESPONSIBLE PERSON
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 or permits a gathering on said property or premises.
B.
A property owner who has been notified by the Town of Hyde Park
Police Department of two prior convictions for violation of this article
occurring within two years at a property or premises shall be considered
a responsible person for purposes of future violations of this article
occurring at other property or premises. Alternative proof of a property
owner's responsible person status may be offered.
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 party
or premises immediately.
Any police officer or code enforcement officer (including, but not limited to, zoning administrator, zoning enforcement officer, building inspector, deputy building inspector and/or fire inspector) who observes a nuisance party occurring and who finds a violation of any provision of §
78-2 above may seize any and all evidence of such violation and any and all evidence of the conditions or events based on §
78-1, "Nuisance Party" above, including, where appropriate, alcoholic beverages at the property or premises which are available to persons attending the nuisance party.
In the event that any section, paragraph, sentence, clause or
phrase of this article is held invalid or unconstitutional by any
court of competent jurisdiction, the invalid or unconstitutional portions
of this article shall be deemed severed from the article and shall
in no way affect the validity of the rest of this article.