§ 40.05. DISORDERLY HOUSE/NUISANCE PARTY.

1. Definition of Disorderly House/Nuisance Party. A social gathering or party that is conducted on premises within the City and that, by reason of the conduct of those persons in attendance, results in any one or more of the following conditions or 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 open storage, use, sale or consumption of a controlled substance as defined in Chapter 124 of the Code of Iowa; gambling in violation of Chapter 99B of the Code of Iowa; acts of prostitution, pimping, or pandering as defined in Chapter 725 of the Code of Iowa; 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 in a manner 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.

2. Duty to Control Premises. Any person who is an owner, occupant, tenant, or otherwise has any possessory control, individually or jointly with others, of any premises and who either sponsors, conducts, hosts, invites, or permits a social gathering or party on said premises, which gathering or party 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 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 Carroll 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.

4. A violation of this section will constitute a simple misdemeanor with a scheduled fine of $100.00. Second and subsequent violations will have a scheduled fine of $250.00.