Nuisance party fines appear to stay at $150.
Athens’ law director told the city’s council members at their meeting last night that their proposed revision of the nuisance ordinance was not legal under the Ohio Revised Code.
Athens Law Director Pat Lang told council that they could lessen the offense — from a criminal to a civil offense — but they could not simultaneously raise the fee they were planning on charging offenders.
The measure still requires a few procedural hurdles before becoming law.
Originally, the ordinance would have increased the fine for a nuisance party from $150 to $250, while reducing the penalty from a criminal offense to a civil offense.
But if the fine was raised, Lang said, the code states that the offense must also be raised — to a fourth-degree misdemeanor, which would leave a mark on an offender’s criminal record.
“We could either lower the fine from $250 to $150 or we can up the penalty to a fourth-degree misdemeanor,” Lang said.
As the revised ordinance stands now, Lang likened the offense to a parking ticket.
The final reading of the amendment to the nuisance party law is projected to take place during council’s meeting on Oct. 13. Once it gets third approval, it can become law.
Council members also proposed amendments to the city’s trash laws, and suggested an approximate date those changes would take effect. The amendments would result in a $50 fine for those whose trash can be seen from the street where a house is addressed.
The law is projected to pass in November, but is not to be put in effect until the beginning of 2015.
“We need to take the time between now and Jan. 1 to educate people,” said Councilwoman Chris Knisely, D-at large.
The amendment includes a stipulation to allow residents experiencing “extenuating circumstances” to obtain a waiver exempting them from the law, though what conditions exactly qualify someone for a waiver are still in the air.
“As it is, I think it leaves too much room for interpretation,” said Councilwoman Michele Papai, D-3rd ward.
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William T. Perkins contributed to this article.
