§ 3.2-7. Disorderly use of premises.

3.2-7.1

Definitions. For the purposes of this section, the following definitions shall apply and supersede any other conflicting definitions found in the Ordinances of the Town.

Occupant and/or user means any person(s) occupying or present on the premises.

Person(s) in lawful possession means any owner of record or his/her representative, agent, or any lessee who is in legal possession of the premises.

Premises shall mean a lot together with all buildings and structures thereon.

3.2-7.2

Prescribed conduct for occupants and/or users. Any person occupying or present on a premises who by himself or in concert with other occupants and/or users causes public inconvenience, annoyance, or alarm to any other person or persons or who creates an unreasonable risk thereof by engaging in or causing any of the following conduct shall be violating this article:

a.

Engaging in fighting or in violent, tumultuous, or threatening behavior.

b.

Making, creating, or permitting any unreasonably loud, disturbing, or unnecessary noise or making, creating, or permitting any noise of such character, intensity, or duration as to be detrimental to the life, health, and welfare of any reasonable person(s) of normal sensitivities or which disturbs, injures, or endangers the comfort, repose, peace, or safety of any such individual. Excepted under this paragraph shall be normally operating mechanical equipment related to the premises, lawn care, and lawfully conforming construction equipment.

c.

Playing any television, radio, phonograph, tape deck, compact disk player, or musical instrument in such a manner or at such volume as to annoy or disturb the peace, quiet, comfort, repose, or the proper enjoyment of property of any reasonable person(s) of normal sensitivities in any other premises. The playing of such device(s) in such a manner as to be plainly audible and unreasonably loud to a reasonable person(s) of normal sensitivities at a distance greater than 25 feet from the property line of the owner of record of said premises shall be prima facie evidence of the violation of this article.

d.

Yelling, shouting, or singing at such volume as to be plainly and disturbingly audible to the human ear outside the premises.

e.

Making any offensive, obscene, or profane utterance, gesture, or display to another person or persons in such a manner as is likely to provoke a violent or disorderly response.

f.

Obstruction or hindering the free and convenient passage of person(s) walking, riding, or driving over, along, or across any public way, sidewalk, pavement, street, or alley.

g.

Engaging in any act of indecent exposure or public display of an obscene act or gesture.

h.

Urinating in public view.

i.

Creating a hazardous or physically offensive condition which serves no legitimate purpose.

j.

Engaging in any conduct which would be a violation of Subchapter VII of Title 11 of the Delaware Code.

3.2-7.3

Prescribed conduct; person(s) in lawful possession. Any person(s) in lawful possession of a premises who by him/herself or in concert with other occupants and/or users causes public inconvenience, annoyance, or alarm to any other person(s) or who recklessly endangers the public health or safety of any person(s) upon the premises or recklessly endangers the public health and/or good order of the Town by engaging in or causing any of the following conduct shall be violating this article.

a.

Permitting any disturbing noise as may be generated by any gathering of person(s) and where such noise is of such intensity or duration as to be audibly disturbing and endangers the comfort, repose, peace, or safety of any reasonable person(s) of normal sensitivities in any other premises. Such noise when plainly audible to a reasonable person of normal sensitivities at a distance greater than 50 feet from the property line of the owner of record of said premises shall be prima facie evidence of the violation of this article.

b.

Permitting any action which shall create a substantial risk of physical injury to other person(s) either directly or by the destruction of a structure which could collapse or fall into or otherwise injure person(s). For purposes of this paragraph, tumultuous actions and structural overcrowding of balconies, decks, stairs, porches, and interior spaces are examples of, but not limiting, actions which create substantial risk.

3.2-7.4

Prescribed conduct for person(s) in lawful possession.

a.

Any person(s) who, after official notice as herein provided, allows, permits, or fails to take affirmative action to prevent subsequent violations in this article shall be deemed to be promoting the use of the premises for disorderly conduct and therefore shall be in violation of and subject to the penalties of this article.

b.

An owner or agent of record shall be presumed to have allowed, permitted, or failed to take affirmative action to prevent a subsequent violation of this article where a violation of subsection 3.2-7.2 and/or 3.2-7.3 of this article occurs after such has been provided official notice by the Town of Clayton Police Department or the Town Foreman of a previous violation for conduct prescribed by subsection 3.2-7.2 and/or 3.2-7.3 of this article.

c.

Official notice, as used herein, shall mean verbal or written notice to the owner or agent of record of conviction for conduct as prescribed by subsection 3.2-7.2 and/or 3.2-7.3 of this article. Such notice shall be provided by the Town Police Department or Town Foreman within 5 working days of such conviction. If written notice is attempted, it shall be deemed effective by mailing to the owner or agent of record at his last known mailing address by certified mail, return receipt requested, with proper postage affixed. If such notice comes back undeliverable (except "refused"), the Town shall exercise reasonable efforts to provide actual notice by some other means.

3.2-7.5

Prescribed conduct lessors.

a.

All written leases and agreements applying to residential property within the corporate limits of the Town shall require that all parties had the opportunity to read this article.

b.

Any lease between the owner of record and/or his agent and any lessee(s) of any premises shall be terminated upon the second violation under this article of either the lessee(s) and/or any occupant(s) / user(s) of said premises.

c.

Any owner or agent acts knowingly and shall be in violation of this article if he permits lessee(s) to remain in possession of the premises after the occupant(s)/user(s) have twice been convicted under this article.

3.2-7.6

Adverse possession. If any police officer who, while attendant upon a premises in official function of complaint, shall find no physical presence of any person in lawful possession of said premises, he may then proceed to issue appropriate criminal summons as allowed under Title 11 Delaware Code § 821 for criminal trespass upon said premises by those persons therein. In such cases therefore he/she may:

a.

Remove those person(s) in and upon the premises.

b.

Establish and erect a police line on and about the property until such time as any person in lawful possession arrives and claims physical possession of the premises.

3.2-7.7

Penalty.

a.

Any occupant and/or user found guilty of violating subsection 3.2-7.2 of this article shall be fined $50.00 for the first offense and $100.00 for each subsequent offense plus costs.

b.

Any person(s) in lawful possession found guilty of violating subsection 3.2-7.3 of this article shall be fined $50.00 for the first offense and $100.00 for each subsequent offense plus costs.

c.

Any person found guilty of violating subsection 3.2-7.4 of this article shall be fined $50.00 for the first offense and $100.00 for each subsequent offense plus costs.