[HISTORY: Adopted by the Town Meeting of the Town of Swansea 10-24-2022 ATM by Art. 11. Amendments noted where applicable.]
A. 
As used in this chapter of the General Bylaws, the terms below shall have the following definitions:
ALCOHOL
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE
Liquid, including malt beverage, intended for human consumption as a beverage that contains 0.5% or more of alcohol by volume at 60° F.
GATHERING
A party, crowd, or event, where a group of persons assemble for a social occasion or activity.
PREMISES
A residence or other private property, place, or location, including any commercial or business property.
PROPERTY OWNER
The legal owner of record as listed in the tax assessors' records, or, if known, the owner of record identified in the Registry of Deeds.
PUBLIC NUISANCE
A gathering of persons on any premises in a manner which constitutes a violation of law or creates a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood. Unlawful conduct includes excessive noise, excessive pedestrian and vehicular traffic, 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 littering.
RESPONSE COSTS
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 Administrator.
UNDERAGE PERSON
Any person under 21 years of age.
B. 
Any terms that have not been defined specifically herein shall have their normal English meanings unless the context indicates otherwise.
Except as permitted by the law of the Commonwealth, it shall be unlawful for an underage person to:
A. 
Consume an alcoholic beverage at a public place or a place open to the public; or
B. 
Consume an alcoholic beverage at a place not open to the public, unless supervised by a parent or legal guardian.
A. 
It shall be the duty of a person having control of any premises who knowingly hosts, permits, or allows a gathering to take all reasonable steps to prevent the consumption of alcoholic beverages by an underage person. Reasonable steps include controlling access to alcoholic beverages, controlling the quantity of alcoholic beverages, 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, and supervising the activities of underage persons.
B. 
A gathering constituting a public nuisance may be abated by all reasonable means including an order by the police requiring the gathering to be disbanded and by citation or arrest under any applicable provision of local or Commonwealth law.
C. 
It is unlawful for a person having control of any premises to knowingly host, permit, or allow a gathering to take place at the premises where at least one underage person consumes an alcoholic beverage, provided that the person having control of the premises either known or should have known that an underage person has consumed an alcoholic beverage, but has failed to take all reasonable steps to prevent the consumption of an alcoholic beverage by the underage person.
D. 
This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between an underage person and a parent 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 mailed by the Police Department to any property owner and - as applicable - the rental housing manager or management organization, advising them that the third response on the same premises within a one-year period, as measured from the date of the first notice, will result in liability of the owner or rental housing manager or management organization for all penalties associated with the 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 penalties as set forth in this bylaw.
A. 
The person or persons residing at, or otherwise in control of, the property where the gathering took place.
B. 
The person or persons who organized or sponsored the gathering.
C. 
Persons attending the gathering who engage in activity resulting in a public nuisance.
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 response, the following persons shall be jointly and severally liable for penalties as set forth in this bylaw.
A. 
Any person who owns or manages the property where the gathering constituting the public nuisance took place, provided that notice of the first and second responses has been mailed to the owner or manager of the property as set forth herein and the gathering occurs at least 14 days after the mailing the second notice. The owner of the property shall not be held responsible for a violation and penalties if the owner is actively trying to evict a tenant from the property. The one-year time period for violations for a property shall pertain to only those residents occupying the property who have had the prior violation(s). New residents shall start a new one-year time cycle should the new residents violate the bylaw.
B. 
Any persons residing on or otherwise in control of the property where the gathering took place.
C. 
Any persons who organized or sponsored the gathering.
D. 
Any persons attending the gathering who engaged in any activity resulting in the public nuisance.
A. 
The Town shall additionally seek administrative costs associated with enforcement of §§ 194-2 and 194-3, through all remedies or procedures provided by the law of the Commonwealth or local law.
B. 
The provisions of this Chapter 194 shall not limit the authority of police officers to make arrests for any criminal offense arising out of conduct regulated by said chapter, nor shall those sections limit the Town's or the Commonwealth's authority to initiate and prosecute a criminal offense arising out of the same circumstances necessitating the application of said chapter.
C. 
This bylaw shall be enforced by the Chief of Police, the Health Director, the Building Commissioner and their authorized designees. For all purposes other than the granting of permits under this bylaw, designees of the Chief of Police shall include any Swansea police officer.
D. 
A fine of $300 shall be imposed for each violation of the provisions of this chapter, which fine shall be enforced through the noncriminal method of disposition as provided by MGL c. 40, § 21D. Each incident and each day of a continuing violation shall be considered a separate violation.