Ames (Iowa State University) -- Nuisance Party Regulations

DM
Doug Marek
Wed, Oct 19, 2011 4:46 PM

Sec. 17.30.  NUISANCE PARTY REGULATIONS.
(1)    Nuisance Party Defined.  A social gathering or party which
is conducted on premises within the City and which, by reason of the
conduct of those persons in attendance, results in any one or more of the
following conditions of events occurring at the site of the said party or
social gathering, or on neighboring public or private property: public
intoxication; unlawful consumption of beer, wine or alcoholic beverages in
a public place; outdoor urination or defecation in a public place; the
unlawful sale, furnishing, dispensing or consumption of beer, wine or
alcoholic beverages; underage or unlawful possession of beer, wine, or
alcoholic beverages; the unlawful deposit of litter or refuse; the damage
or destruction of property without the consent of the property owner;
unlawful pedestrian or vehicular traffic; 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;
unlawfully loud noise; fighting; or, any other conduct or condition that
threatens injury to persons or damage to property is hereby declared to be
an unlawful public nuisance.
(Ord. No. 3607, 2-13-01)
(2)    Duty to Control Premises.  Any person who is an owner,
occupant, tenant, or otherwise having any possessory control, individually
or jointly with others, of any premises who either sponsors, conducts,
hosts, invites, or permits a social gathering or party on said premises
which is or becomes a public nuisance as defined in subsection (1) above,
and which nuisance is either the intentional result of, or within the
reasonable expectations of, the person or persons having such possessory
control is deemed to be in violation of this section.
(3)    A party or social gathering that is or becomes a public
nuisance as defined in subsection (1) above shall cease and disperse
immediately upon the order of any officer of the Ames Police Department;
and, all persons not domiciled at the site of such social gathering or
party shall leave the premises immediately.  Any person who fails or
refuses to obey and abide by such order shall be guilty of a violation of
this section.
(Ord. No. 3475, Sec. 1, 2-24-98; Ord No. 3772, 6-25-04)
(4)    Violation of this section shall be a municipal infraction
punishable by a penalty of $100 for a person?s first violation thereof and
$200 for each repeat violation.  Alternatively, violation of this section
can be charged by a peace office of the City as a simple misdemeanor.
(Ord. No. 3497, Sec. 39, 8-25-98; Ord. No. 3551, 3-7-00)

Doug Marek
Ames City Attorney
515 Clark Avenue
P.O. Box 811
Ames, Iowa  50010
Tel:  515-239-5146
Fax: 515-239-5142
E-mail:  dmarek@city.ames.ia.us

Sec. 17.30. NUISANCE PARTY REGULATIONS. (1) Nuisance Party Defined. A social gathering or party which is conducted on premises within the City and which, by reason of the conduct of those persons in attendance, results in any one or more of the following conditions of events occurring at the site of the said party or social gathering, or on neighboring public or private property: public intoxication; unlawful consumption of beer, wine or alcoholic beverages in a public place; outdoor urination or defecation in a public place; the unlawful sale, furnishing, dispensing or consumption of beer, wine or alcoholic beverages; underage or unlawful possession of beer, wine, or alcoholic beverages; the unlawful deposit of litter or refuse; the damage or destruction of property without the consent of the property owner; unlawful pedestrian or vehicular traffic; 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; unlawfully loud noise; fighting; or, any other conduct or condition that threatens injury to persons or damage to property is hereby declared to be an unlawful public nuisance. (Ord. No. 3607, 2-13-01) (2) Duty to Control Premises. Any person who is an owner, occupant, tenant, or otherwise having any possessory control, individually or jointly with others, of any premises who either sponsors, conducts, hosts, invites, or permits a social gathering or party on said premises which is or becomes a public nuisance as defined in subsection (1) above, and which nuisance is either the intentional result of, or within the reasonable expectations of, the person or persons having such possessory control is deemed to be in violation of this section. (3) A party or social gathering that is or becomes a public nuisance as defined in subsection (1) above shall cease and disperse immediately upon the order of any officer of the Ames Police Department; and, all persons not domiciled at the site of such social gathering or party shall leave the premises immediately. Any person who fails or refuses to obey and abide by such order shall be guilty of a violation of this section. (Ord. No. 3475, Sec. 1, 2-24-98; Ord No. 3772, 6-25-04) (4) Violation of this section shall be a municipal infraction punishable by a penalty of $100 for a person?s first violation thereof and $200 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor. (Ord. No. 3497, Sec. 39, 8-25-98; Ord. No. 3551, 3-7-00) Doug Marek Ames City Attorney 515 Clark Avenue P.O. Box 811 Ames, Iowa 50010 Tel: 515-239-5146 Fax: 515-239-5142 E-mail: dmarek@city.ames.ia.us