The text
Sec. 46-31. - Public nuisance.#
(a)
It shall be a public nuisance to conduct a gathering of five or more persons on any private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, illegal parking, public drunkenness, public urination, the service of alcohol to minors, fights, disturbances of the peace, and litter.
(b)
A gathering constituting a public nuisance may be abated by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable ordinances and state statutes.
(Ch. 856, § 1, 5-2-2005; Ch. 891, § 1, 9-4-2007)
Sec. 46-32. - Notice of unruly gathering; posting, mailing.#
(a)
When the police department intervenes at a gathering which constitutes a nuisance under this article, the premises at which such nuisance occurred shall be posted with a notice stating that the intervention of the police has been necessitated as a result of public nuisance under this article caused by an event at the premises and the date of the police intervention for the cited nuisance and shall result in the joint and several liability of those identified in section 46-34.
(b)
In regards to academic year rentals, any notice posted between September 1 and May 31 of any year shall remain posted until May 31. In regards to year round rentals, any notice posted during the lease term shall remain posted until the lease term expiration date. In regards to short term rentals, please refer to chapter 14, article XVII 'short-term rentals'.
(c)
The residents and owner of such property shall be jointly responsible for ensuring that such notice is not removed or defaced and it shall be a Code violation carrying a penalty of a minimum, mandatory $100.00 fine in addition to any other penalties which may be due under this section if such notice is removed, obscured or defaced, provided, however, that the residents of the premises or sponsor of the event, if present, shall be consulted as to the location in which such notice is posted in order to achieve both the security of the notice and its prominent display.
(Ch. 856, § 1, 5-2-2005; Ch. 891, § 1, 9-4-2007; Ch. 1129, § 1, 9-3-2024)
Sec. 46-33. - Mailing of notice to property owner.#
Notice of intervention shall also be mailed to any property owner on the Town of Narragansett property tax assessment records and shall advise the property owner that an intervention occurred as set forth in section 46-32(a) and as a result penalties associated with such intervention will be imposed as set forth below.
(Ch. 856, § 1, 5-2-2005; Ch. 891, § 1, 9-4-2007; Ch. 1129, § 1, 9-3-2024)
Sec. 46-34. - Persons liable for a response to gathering constituting a public nuisance.#
(a)
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 pursuant to section 46-35:
(1)
The person or persons who own the property where the gathering constituting a public nuisance took place.
(2)
The person or persons residing on or otherwise in control of the property where such gathering took place.
(3)
All person or persons who organized or sponsored such gathering.
(4)
All persons attending such gatherings who engage in any activity resulting in the public nuisance.
(Ch. 856, § 1, 5-2-2005; Ch. 891, § 1, 9-4-2007; Ch. 1129, § 1, 9-3-2024)
Sec. 46-35. - Penalties for violation.#
It shall be a Code violation punishable as follows when intervention at a location to abate a gathering constituting a public nuisance occurs: (1)
For a first offense the municipal court may impose a fine of $500.00 to any person who organized and/or attended the gathering and/or any person residing at the premise and shall impose a fine of $500.00 to the record owner(s); and
(2)
For a second offense the municipal court shall impose a $500.00 fine on each person residing at the premises and the record owner(s) and shall revoke the record owner's rental registration certificate for the following rental year.
In addition to the above, the municipal court shall be authorized to order the person or persons in violation to perform community service. For a first intervention, ordering community service shall be discretionary. For a second intervention, the municipal court shall, in addition to the monetary penalty set forth above, order the person or persons in violation to perform not less than 25 hours of community service.
(Ch. 856, § 1, 5-2-2005; Ch. 891, § 1, 9-4-2007; Ch. 1046, § 1, 12-4-2017;Ch. 1048, § 1, 2-5-2018; Ch. 1129, § 1, 9-3-2024)