The Fayetteville City Council recently passed two ordinances relating to parties that get out of hand and obstruction of city streets and sidewalks.
Here’s what you need to know.
Nuisance parties
The Fayetteville City Council passed a Nuisance Party Ordinance on June 9. The ordinance gives the Fayetteville Police Department the ability to break up private parties that negatively affect the health, safety or comfort of the public or the community.
“Historically, the City has been limited to only enforcing the noise ordinance, unless other crimes were committed, as it relates to calls for service about parties,” city documents state. “The proposed ordinance would fill a gap in the City Code and provide an enforcement mechanism necessary to ensure the health and safety of Fayetteville residents.”
According to the ordinance, a nuisance party is a social gathering or party that results in one or more of these conditions:
- Unlawful public possession or consumption of alcohol
- Public urination or defecation
- Unlawful sale or furnishing of alcoholic beverages
- Littering on public or private property
- Destruction of public or private property
- Obstructing traffic or emergency services
- Excessive noise that disturbs the neighborhood
- Public disturbances, fights, or brawls
- Any other activity that endangers the health, safety, or comfort of neighboring residents, or “results in any obscene conduct, or results in any immoral exhibition or indecent exposure by persons at the gathering”
Any person in charge of the property where a party occurs can be held responsible if the party becomes a nuisance. This includes the property owner, the tenant, occupant or anyone else with control over the property.
Violators of the ordinance can be charged with a misdemeanor, which carries a fine of up to $500 or imprisonment for up to 20 days. Each day a violation continues is considered a separate criminal offense.
There are also civil penalties for breaking the ordinance:
- A first-time violation results in a civil penalty of $100.
- Each subsequent violation within one year of the prior violation carries a civil penalty of $300.
- Each day a violation continues is considered a separate offense.
- If a civil penalty is not paid within 30 days, the city can file a civil suit to collect the debt. A person who is issued a civil penalty can appeal in writing to the City Attorney’s Office within 10 business days.
Blocking streets and sidewalks
On April 28, the Fayetteville City Council passed an ordinance making it illegal to block city-owned sidewalks or streets in a way that interferes with the safe passage of pedestrians or vehicles. It went into effect on May 26.
“A review of complaints about individuals and objects impeding/blocking sidewalks found that the City’s Code of Ordinances does not include a prohibition against doing so,” city documents state. “All public sidewalks must be accessible to all pedestrians, including people with mobility concerns. Other NC municipalities have similar ordinances.”
Exceptions to the ordinance include:
- Actions taken by first responders or actions taken during an emergency or to prevent an accident
- Individuals or entities that have been granted a permit by the city or other governmental authority.
- If someone is engaging in legal activity on a sidewalk and another person reacts by blocking the sidewalk, the first person will not be considered guilty of a violation. The person who created the blockage is the one responsible.
Violation of the ordinance is classified as a Class 3 misdemeanor and can be punishable by a fine of up to $50.
Government accountability reporter Evey Weisblat can be reached at eweisblat@cityviewnc.com or 216-527-3608.
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