For the purpose of this ordinance, the following terms are defined
as follows:
Includes any place as described below in or upon which noisy
or disorderly persons congregate and disturb the peace of others.
Includes any individual, corporation, association, partnership,
trustee, lessee, agent or assignee.
Includes any building, structure, house, tenement or any
separate part or portion thereof, or the curtilage thereof.
Any person or persons who create a situation in which noisy
or disorderly persons congregate shall be guilty of having created
a disorderly nuisance. The town police shall have the discretion to
either issue a warning to said owner or occupant to cease the disorderly
nuisance or to demand that the disorderly nuisance be ended immediately,
depending upon the severity of the offense. Any failure on the part
of the owner or occupant to comply with any police officer's
request to end such disorderly nuisance shall immediately be subject
to arrest and prosecution in accordance with this ordinance.
If any person being a tenant or occupant under any lawful title
of any building or tenement now owned by him shall use said premises
for any purpose which amounts to a nuisance as defined above, such
use holds, and without any act of the owner, shall cause the right
of physical possession thereof to revert back to the owner, and said
owner may make immediate entry thereon and repossess the property
without process of law.
Upon notification by the town police or any town official that
a building or tenement owned by him/her or under his/her control is
a nuisance as defined above, said owner or manager thereof shall,
within twenty-one (21) days of said notice, take all reasonable measures
to eject the tenant or occupant from said premises as soon as may
be lawfully done. If said owner fails to take all such reasonable
measures to eject the tenant or occupant, said owner shall be deemed
guilty of aiding in the maintenance of such nuisance.
[Amended 8-20-2012 by Ord. No. 352]
A.
Violators
shall be prosecuted by the Chief of Police of the Town of Charlestown
or his/her designee by issuance of a summons in the Municipal Court.
B.
Any person
found guilty of a violation of this ordinance shall, upon conviction,
be fined not less than fifty dollars ($50.) nor more than one hundred
dollars ($100.) or be imprisoned for a period of not more than thirty
(30) days, or both.
