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"NUISANCE HOUSE" BYLAW
Article 40 in the Warrant for the Annual Town Meeting convened April 28, 2008, is a proposed "Nuisance House" bylaw. The Article was considered on May 28, 2008, where it passed by a tally vote of 127 Yes, 34 No.
The "Nuisance House" bylaw was proposed by the Campus and Community Coaltion to Reduce High-Risk Drinking (CCC). The CCC is a diverse group of leaders from UMass Amherst and the community who've come together to make a difference. Using environmental management strategies, the CCC is working to change aspects of our culture which promote, support or allow dangerous drinking.
The CCC wrote a Letter of Support and an Introduction to Town Meeting members, which are available on the Story page. This introductory page also gives a brief background on "social host" and "party house" laws that inspired this proposed bylaw. Videos of Town Meeting Warrant Review, the Finance Committee Meeting and Select Board Meeting (both RECOMMENDING this Article), and the Town Meeting in which this Article was VOTED and passed, are also available.
Town Warrant (html, pdf)
Annual Town Meeting
April 28, 2008
ARTICLE 40. Bylaw – Nuisance House (Select Board)
To see if the Town will vote to amend the General Bylaws of the Town by adding the following bylaw, “Nuisance House”, to Article II, Prohibitions:
Purpose
In accordance with the Town of Amherst’s Home Rule Authority, and to protect the health, safety, and welfare of the inhabitants of the Town, this bylaw shall permit the Town to impose liability on owners and other responsible persons for the nuisances and harm caused by loud and unruly gatherings on private property and shall discourage the consumption of alcoholic beverages by underage persons at such gatherings.
§1. Definitions
Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
Alcoholic beverage means all liquids intended for human consumption as a beverage which contain one half of one percent or more of alcohol by volume at sixty degree Fahrenheit, including malt beverages.
Eviction means actively trying to evict a tenant from a premise by delivery of a notice to quit and subsequent court proceedings, if a tenant fails to vacate the premises.
Gathering is a party, gathering, or event, where a group of persons have assembled or are assembling for a social occasion or social activity.
Legal Guardian means (1) a person who, by court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.
Underage Person means any person under twenty-one years of age.
Parent means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.
Premises means any residence or other private property, place, or location, including any commercial or business property.
Property owner means the legal owner of record as listed by the tax assessors records.
Public Nuisance means 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, but is not limited to excessive noise, excessive pedestrian and vehicular traffic, obstruction of public streets by crowds or vehicles, illegal parking, public drunkenness, public urination, the service of alcohol to underage persons, fights, disturbances of the peace, and litter.
Response costs are 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 Board of Selectmen.
§2. Consumption of Alcohol by Underage Persons Prohibited in Public Place, Place Open to Public, or Place Not
Open to Public
Except as permitted by state law, it is unlawful for any underage person to:
(a) consume at any public place or any place open to the public any alcoholic beverage; or
(b) consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption
of the alcoholic beverage the underage person is being supervised by his or her parent or legal guardian as set
forth in G.L. c.138, §34.
§3. Hosting, Permitting, or Allowing a Public Nuisance or Party, Gathering, or Event Where Underage Persons
Consuming Alcoholic Beverages Prohibited
(a) It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any underage person at the gathering. Reasonable steps include, but are not limited to controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting driver’s licenses or other government-issued identification cards to ensure that underage persons underage persons do not consume alcoholic beverages while at the gathering; and supervising the activities of underage persons at the gathering.
(b) A gathering constituting a public nuisance may be abated by all reasonable means including, but not limited to, an order by the Police requiring the gathering to be disbanded and citation and/or arrest of any persons under any applicable provision of local or state law.
(c) It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one underage person consumes an alcoholic beverage, provided that the person having control of the premises either knows an underage person has consumed an alcoholic beverage or reasonably should have known that an underage person consumed an alcoholic beverage and the person having control of said premises failed to take all reasonable steps to prevent the consumption of an alcoholic beverage by an underage person as set forth in subsection (a) of this Section.
(d) This Section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between an underage person and his or her parent or legal guardian as set forth in G.L. 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.
§4. Mailing of Notice to Property Owner.
Notice of response by police or other local officials to a gathering shall be mailed to any property owner listed on the Town of Amherst property tax assessment records and shall advise the property owner that the third such response on the same premises within a one year period, as measured from the date of the first notice, shall result in liability of the property owner for all penalties associated with such response as more particularly described below.
§5. Persons Liable for a First and Second Response to a Gathering Constituting a Public Nuisance.
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 fines as set forth below. Response costs may also be assessed.
(a) The person or persons residing on or otherwise in control of the property where such gathering took place.
(b) The person or persons who organized or sponsored such gathering.
(c) All persons attending such gatherings who engage in any activity resulting in the public nuisance.
§6. Persons Liable for a Third and Subsequent Response to a Gathering Constituting 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 fines as set forth below. Response costs may also be assessed.
(a) The person or persons who own 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 of the property as set forth
herein and the gathering occurs at least fourteen (14) days after the mailing the second such notice. The owner
of the property shall not be held responsible for any violation and penalties if they are actively trying to evict a
tenant from the property. The one year time period for violations for a property shall pertain only to the same
residents occupying the property who have had the prior violation(s). New residents shall start a new time cycle
of one year should they violate the bylaw.
(b) The person or persons residing on or otherwise in control of the property where such gathering took place.
(c) The person or persons who organized or sponsored such gathering.
(d) All persons attending such gatherings who engage in any activity resulting in the public nuisance.
§7. Regulations
The Board of Selectmen is hereby authorized to promulgate regulations to implement this bylaw
§8. Enforcement
This bylaw shall be enforced by criminal complaint in the District Court. Violations shall be punishable by a fine of $300.00. In the alternative it may be enforced by the noncriminal disposition process of M.G.L. c.40 Section 21D. For the purpose of noncriminal enforcement, the enforcing persons shall be any police officer of the Town of Amherst. If enforced pursuant to noncriminal disposition, the following fines shall apply:
First offense:
Second offense:
Third and subsequent offense:
The Town of Amherst may additionally seek administrative costs and response costs associated with enforcement of Sections 2 and 3, through all remedies or procedures provided by state or local law.
Sections 2 and 3 shall not limit the authority of police officers to make arrests for any criminal offense arising out of conduct regulated by Sections 2 and 3, nor shall they limit the Town of Amherst or the Commonwealth of Massachusetts’ ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of Sections 2 and 3.
§9. Local Authority and Severability
No provision of this bylaw shall apply where prohibited or preempted by state or federal law.
If any provision of this ordinance, or the application thereof to any person or circumstances, is declared invalid, that invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, to this end the provisions of this ordinance are severable.
Sources
City of San Diego, California, Social host ordinance.
Town of Amherst, Massachusetts, Keg licensing bylaw.
Town of Hadley, Massachusetts, Keg licensing bylaw.
Town of Narragansett, Rhode Island, Party house nuisance ordinance.
Annual Town Meeting
April 28, 2008
May 28, 2008
Procedural Motion - I move that Article 40 be considered after Article 24.
Article 40: I move that the Town adopt the Nuisance House Bylaw as printed in the warrant with the following changes:
1) in section 3a, remove the comma following the first occurrence of "premises"
and add a comma following the words "limited to" in the third line;
2) in the fifth and sixth line of 3a remove the dupolicate occurrence fo "underage
persons" preceding "do not consume";
3) omit Section 7, "Regulations" and re-number Section 8 as Section 7 and
Section 9 as Section 8;
4) in the new Section 7, after "first offense", add "$300"; after "Second offense",
and "$300"; and after "Third and subsequent offense", add "$300";
5) change all italics to roman type;
6) remove the word "Sources" and the list of sources at the end of the article.
| 28May2008Motions.pdf | |
| File Size: | 90 kb |
| File Type: | |
| 28May2008TallyVote.pdf | |
| File Size: | 52 kb |
| File Type: | |
Annual Town Meeting
April 28, 2008
May 28, 2008
Article 40. Bylaw - Nuisance House
ARTICLE 40. Bylaw – Nuisance House (Select Board)
VOTED that the Town amend the General Bylaws of the Town by adding the following bylaw, “Nuisance House”, to Article II, Prohibitions:
Purpose
In accordance with the Town of Amherst’s Home Rule Authority, and to protect the health, safety, and welfare of the inhabitants of the Town, this bylaw shall permit the Town to impose liability on owners and other responsible persons for the nuisances and harm caused by loud and unruly gatherings on private property and shall discourage the consumption of alcoholic beverages by underage persons at such gatherings.
§1. Definitions
Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
Alcoholic beverage means all liquids intended for human consumption as a beverage which contain one half of one percent or more of alcohol by volume at sixty degree Fahrenheit, including malt beverages.
Eviction means actively trying to evict a tenant from a premise by delivery of a notice to quit and subsequent court proceedings, if a tenant fails to vacate the premises.
Gathering is a party, gathering, or event, where a group of persons have assembled or are assembling for a social occasion or social activity.
Legal Guardian means (1) a person who, by court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.
Underage Person means any person under twenty-one years of age.
Parent means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.
Premises means any residence or other private property, place, or location, including any commercial or business property.
Property owner means the legal owner of record as listed by the tax assessors records.
Public Nuisance means 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, but is not limited to excessive noise, excessive pedestrian and vehicular traffic, obstruction of public streets by crowds or vehicles, illegal parking, public drunkenness, public urination, the service of alcohol to underage persons, fights, disturbances of the peace, and litter.
Response costs are 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 Board of Selectmen.
§2. Consumption of Alcohol by Underage Persons Prohibited in Public Place, Place Open to Public, or
Place Not Open to Public
Except as permitted by state law, it is unlawful for any underage person to:
(a) consume at any public place or any place open to the public any alcoholic beverage; or
(b) consume at any place not open to the public any alcoholic beverage, unless in connection with
the consumption of the alcoholic beverage the underage person is beingsupervised by his or her
parent or legal guardian as set forth in G.L. c.138, §34.
§3. Hosting, Permitting, or Allowing a Public Nuisance or Party, Gathering, or Event Where Underage
Persons Consuming Alcoholic Beverages Prohibited
(a) It is the duty of any person having control of any premises who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any underage person at the gathering. Reasonable steps include, but are not limited to, controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; 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 while at the gathering; and supervising the activities of underage persons at the gathering.
(b) A gathering constituting a public nuisance may be abated by all reasonable means including, but not limited to, an order by the Police requiring the gathering to be disbanded and citation and/or arrest of any persons under any applicable provision of local or state law.
(c) It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one underage person consumes an alcoholic beverage, provided that the person having control of the premises either knows an underage person has consumed an alcoholicbeverage or reasonably should have known that an underage person consumed an alcoholic beverage and the person having control of said premises failed to take all reasonable steps to prevent the consumption of an alcoholic beverage by an underage person as set forth in subsection (a) of this Section.
(d) This Section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between an underage person and his or her parent or legal guardian as set forth in G.L. 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.
§4. Mailing of Notice to Property Owner.
Notice of response by police or other local officials to a gathering shall be mailed to any property owner listed on the Town of Amherst property tax assessment records and shall advise the property owner that the third such response on the same premises within a one year period, as measured from the date of the first notice, shall result in liability of the property owner for all penalties associated with such response as more particularly described below.
§5. Persons Liable for a First and Second Response to a Gathering Constituting a Public Nuisance.
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 fines as set forth below. Response costs may also be assessed.
(a) The person or persons residing on or otherwise in control of the property where such gathering
took place.
(b) The person or persons who organized or sponsored such gathering.
(c) All persons attending such gatherings who engage in any activity resulting in the public nuisance.
§6. Persons Liable for a Third and Subsequent Response to a Gathering Constituting 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 fines as set forth below. Response costs may also be assessed.
(a) The person or persons who own 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 of the property as set forth herein and the gathering occurs at least fourteen (14) days
after the mailing the second such notice. The owner of the property shall not be held responsible
for any violation and penalties if they are actively trying to evict a tenant from the property. The
one year time period for violations for a property shall pertain only to the same residents
occupying the property who have had the prior violation(s). New residents shall start a new time
cycle of one year should they violate the bylaw.
(b) The person or persons residing on or otherwise in control of the property where such gathering
took place.
(c) The person or persons who organized or sponsored such gathering.
(d) All persons attending such gatherings who engage in any activity resulting in the public nuisance.
§7. Enforcement
This bylaw shall be enforced by criminal complaint in the District Court. Violations shall be punishable by a fine of $300.00. In the alternative it may be enforced by the noncriminal disposition process of M.G.L. c.40 Section 21D. For the purpose of noncriminal enforcement, the enforcing persons shall be any police officer of the Town of Amherst. If enforced pursuant to noncriminal disposition, the following fines shall apply:
First offense: $300.
Second offense: $300.
Third and subsequent offense: $300.
The Town of Amherst may additionally seek administrative costs and response costs associated with enforcement of Sections 2 and 3, through all remedies or procedures provided by state or local law.
Sections 2 and 3 shall not limit the authority of police officers to make arrests for any criminal offense arising out of conduct regulated by Sections 2 and 3, nor shall they limit the Town of Amherst or the Commonwealth of Massachusetts’ ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of Sections 2 and 3.
§8. Local Authority and Severability
No provision of this bylaw shall apply where prohibited or preempted by state or federal law.
If any provision of this ordinance, or the application thereof to any person or circumstances, is declared invalid, that invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, to this end the provisions of this ordinance are severable.
