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 Raleigh
 Code of Ordinances
 Part 13. OFFENSES
 Chapter 3. OFFENSES AGAINST HEALTH, WELFARE AND MORALS

  § 13-3017. NUISANCE PARTY.  

Latest version.

  • (a)

    Definition.

    A nuisance party is a party or other social gathering conducted in the City and which, by reason of the conduct of those persons in attendance, results in any one (1) or more of the following conditions or occurrences: unlawful public possession or consumption of alcohol, unlawful drunken and disruptive conduct; public urination or defecation; the unlawful sale, furnishing, or consumption of alcoholic beverages; the unlawful deposit of trash or litter on public or private property; the unlawful destruction of public or private property; the generation of pedestrian or vehicular traffic caused by those invited to or allowed to attend which obstructs the free flow of residential traffic or interferes with the ability to provide emergency services; excessive, unnecessary or unusually loud noise which disturbs the repose of the neighborhood; public disturbances, brawls, fights or quarrels; or any other activity resulting in conditions that annoy, injure or endanger the safety, health, comfort or repose of the neighboring residents, or results in any obscene conduct, or results in any immoral exhibition or indecent exposure by persons at the gathering.

    (b)

    Any person being the owner, occupant, tenant, or otherwise having any possessory control of any degree of any premises who either sponsors, conducts, hosts, invites, suffers, permits, or continues to allow a gathering to continue which is or becomes a nuisance as described in subsection (a) above is in violation of this section and may be punished by any of the criminal or civil enforcement penalties available to municipalities. Any person who remains in attendance at a nuisance party after being directed by an officer to leave is also in violation of this section.

    (c)

    This section shall not apply to gathering held at locations holding valid entertainment center permits or any other gathering authorized by this Code.

    (d)

    Civil penalties: Any person violating any of the provisions of this section shall be subject to a civil penalty of one hundred dollars ($100.00). The Police Department is authorized to issue civil penalty citations to enforce this Section. Each calendar day on which a continuing violation occurs shall constitute a separate violation under this subsection. For each subsequent violation occurring within twelve (12) months of any other violation, the violator shall be subject to a civil penalty of three hundred dollars ($300.00) per violation. If a person fails to pay any civil penalty within thirty (30) days after it is assessed, the City may recover the penalty, together with all costs allowed by law, by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt.

    (e)

    Appeal of civil penalties: Any person issued a civil penalty under the provisions of this section may appeal by filing an appeal in writing with the Police Department within ten (10) calendar days after the civil penalty is issued. The written appeal shall state all reasons that the civil penalty was wrongly applied and shall include all supporting documentation that the appellant contends supports the appeal. If a person files a written appeal within the time provided in this section, the penalty being appealed shall be stayed pending the decision of the Chief or arbitrator. Unless the Chief of Police, or the delegate of the Chief of Police, decides to allow the requested relief based on the appeal request, the Chief of Police shall send each appeal request to arbitration. The Chief of Police shall select an arbitrator other than an employee of the City of Raleigh. The arbitration shall be conducted, to the extent practicable, in accordance with the Supreme Court Rules for Court-Ordered Arbitration in North Carolina. The arbitrator shall be paid a fee equal to the maximum fee specified in such Rules. The arbitrator shall issue a written determination, within a reasonable time, stating whether the disputed civil penalty will be approved without change or modified or reversed.

    All decisions of the Chief of Police and arbitrator shall be served on the petitioner.

    (f)

    Injunctive and other equitable relief: This section may be enforced by injunction or any appropriate equitable remedy. The institution of an action for injunctive or equitable relief shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations of this section.

    (g)

    Criminal penalties: Any person who violates any provision of this section shall be deemed guilty of a misdemeanor punishable by imprisonment not to exceed thirty (30) days or by fine not to exceed five hundred dollars ($500.00). Each day of a continuing violation shall constitute a separate violation under this subsection.

    (h)

    This section may be enforced by any one, all, or a combination of the remedies set out herein.

(Ord. No. 2000-848, §1, 7-18-00; Ord. No. 2008-415A, §1, 6-17-08; Ord. No. 2009-583, §1, 5-19-09, eff. 7-1-09)