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Nuisance party ordinance just used on occasion
By: Kelly Metz
Issue date: 4/6/07 Section: Campus
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Students may enjoy parties but some city residents see them as a nuisance.
That's why, in June 2004, Bowling Green City Council adopted the nuisance party ordinance in an attempt to quell disruptive parties. It allows police to shut down parties and cite the hosts for offenses such as underage drinking, disorderly conduct or littering.
Two Ohio college towns roughly the size of Bowling Green - Oxford and Athens, which house Miami University and Ohio University - provided the model for Bowling Green's law.
According to the law, a nuisance party is a social gathering or party within the city that results in the following: disorderly conduct, open container of alcohol, public urination or defecation, unlawful sale or dispension of alcohol, property damage, unlawful traffic by pedestrians or vehicles, party goers holding up traffic, loud noise or any actions that could result in injury or cause alarm in the area. To be cited, offenders must be accused of six of these violations.
The law was designed to elevate these offenses to misdemeanors rather than just civil offenses, Bowling Green Police Lt. Tony Hetrick said.
After the law was adopted, BGSU's Student Legal Services challenged it after 25 students who'd been cited or warned complained it violated their rights of due process and free assembly. The Bowling Green Municipal Court and the 6th District Court of Appeals in Toledo rejected their plea, saying the legislation was in fact constitutional.
But despite some students' distaste with it, it's not often used. Since August, there have only been 16 nuisance party citations.
"This law is used on occasion, not all the time," Hetrick said. "First we inform the host of the party of the offense, and if they continue to be disruptive, we will cite them for nuisance party."
In some cases, a nuisance party becomes a zoning issue. In these cases, the landlord can become liable.
"This is a tool for continuing problems to not get out of control," Hetrick said.
That's why, in June 2004, Bowling Green City Council adopted the nuisance party ordinance in an attempt to quell disruptive parties. It allows police to shut down parties and cite the hosts for offenses such as underage drinking, disorderly conduct or littering.
Two Ohio college towns roughly the size of Bowling Green - Oxford and Athens, which house Miami University and Ohio University - provided the model for Bowling Green's law.
According to the law, a nuisance party is a social gathering or party within the city that results in the following: disorderly conduct, open container of alcohol, public urination or defecation, unlawful sale or dispension of alcohol, property damage, unlawful traffic by pedestrians or vehicles, party goers holding up traffic, loud noise or any actions that could result in injury or cause alarm in the area. To be cited, offenders must be accused of six of these violations.
The law was designed to elevate these offenses to misdemeanors rather than just civil offenses, Bowling Green Police Lt. Tony Hetrick said.
After the law was adopted, BGSU's Student Legal Services challenged it after 25 students who'd been cited or warned complained it violated their rights of due process and free assembly. The Bowling Green Municipal Court and the 6th District Court of Appeals in Toledo rejected their plea, saying the legislation was in fact constitutional.
But despite some students' distaste with it, it's not often used. Since August, there have only been 16 nuisance party citations.
"This law is used on occasion, not all the time," Hetrick said. "First we inform the host of the party of the offense, and if they continue to be disruptive, we will cite them for nuisance party."
In some cases, a nuisance party becomes a zoning issue. In these cases, the landlord can become liable.
"This is a tool for continuing problems to not get out of control," Hetrick said.
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