5-3-11 Nuisance Party Prohibited. (a) No owner, occupant, tenant, or other person having possessory control, individually or jointly with others, of any premises shall sponsor, conduct, host, or permit a social gathering or party on the premises which is or becomes a public nuisance where such nuisance is either the intentional result of, or reasonably anticipated by, the person or persons having such possessory control. Reasonable anticipation shall be adjudicated using a reasonable person standard. (b) A social gathering shall be deemed to constitute a public nuisance when, by reason of the conduct of persons in attendance, it results in one or more of the following violations of this code and which violations occur at the site of the social gathering, or on neighboring public or private property: Section 5-3-1, "Assault in the Third Degree," B.R.C. 1981; Section 5-3-2, "Brawling," B.R.C. 1981; Section 5-3-4, "Threatening Bodily Injury," B.R.C. 1981; Section 5-3-5, "Obstructing Public Streets, Places, or Buildings," B.R.C. 1981; Section 5-3-6, "Use of Fighting Words," B.R.C. 1981; Section 5-4-1, "Damaging Property of Another," B.R.C. 1981; Section 5-4-2, "Damaging Public Property," B.R.C. 1981; Section 5-4-3, "Trespass," B.R.C. 1981; Section 5-4-10, "Fires on Public Property," B.R.C. 1981; Section 5-4-13, "Littering," B.R.C. 1981; Section 5-4-14, "Graffiti Prohibited," B.R.C. 1981; Section 5-5-3, "Obstructing a Peace Officer or Firefighter," B.R.C. 1981; Section 5-5-10, "False Reports," B.R.C. 1981; Section 5-6-6, "Fireworks," B.R.C. 1981; Section 5-6-7, "Public Urination," B.R.C. 1981; Section 5-7-2, "Possession and Consumption of Alcoholic Beverages in Public Prohibited," B.R.C. 1981; Section 5-7-3, "Unlawful to Sell or Give to or Procure for Minors," B.R.C. 1981; Section 5-7-4, "Possession and Sale by Minors Unlawful," B.R.C. 1981; Section 5-9-3, "Exceeding Decibel Sound Levels Prohibited," B.R.C. 1981; Section 5-9-5, "Disrupting Quiet Enjoyment of Home," B.R.C. 1981; Section 5-9-6, "Unreasonable Noise Prohibited Between the Hours of 11:00 P.M. Through 7:00 A.M.," B.R.C. 1981; A violation of any provision in chapter 6-3, "Trash," B.R.C. 1981, relating to the unlawful deposit of trash; Section 7-4-61, "Obstructing Traffic Prohibited," B.R.C. 1981; Paragraph 10-8-2(b)(12), B.R.C. 1981, concerning open burning. (c) A social gathering shall be deemed to constitute a public nuisance when an open keg of beer is located in any yard adjacent to a street, on a front porch in a place visible to the public, or in any side yard of the premises upon which the social gathering takes place such that the open keg of beer is visible to members of the public standing on public streets, sidewalks, or on the grounds of other adjoining or nearby private properties. (d) All participants in any party or social gathering declared to be a public nuisance by a police officer shall cease participating in that party or social gathering and disperse immediately upon the order of a police officer, and all persons not domiciled at the site of such party or social gathering shall leave the premises immediately. No person shall fail or refuse to obey and abide by such an order. (Ordinance No. 7126 (2001)) Tom Carr Boulder City Attorney Municipal Building, 2nd Floor P.O. Box 791 Boulder CO 80306 303-441-3020