Bid to control noisy neighbors placed on hold

After residents and civil liberties advocates expressed concern Tuesday over an ordinance that would make two or more people disturbing the "quiet enjoyment" of others subject to a civil penalty, a city of Las Vegas committee postponed voting on the proposal.

The unruly gatherings ordinance, sponsored by Councilwoman Lois Tarkanian and Councilman Gary Reese, is meant to target chronic "party houses," said City Attorney Brad Jerbic, and was requested by Las Vegas police.

The committee postponed its decision on Tuesday to address community concerns, and to confer with new leadership in the Metropolitan Police Department.

As the ordinance is drafted now, those hosting an "unruly gathering" would initially get a warning from the city's Neighborhood Services Department in the form of a notice posted on the door of the residence.

If there were another unruly gathering within 180 days, the owner, tenant, landlord or others would be subject to a $150 fine. It would go up to $300 for the next offense and then $500.

The city also would be able to go after the costs that city staff and police incur breaking up the parties.

These penalties would be civil, and would be separate from criminal charges that police could pursue for disturbing the peace.

People could appeal declarations of "unruly gatherings" and fines imposed to the City Council.

But Juanita Clark, president of the Charleston Neighborhood Preservation Corp., said the ordinance needs to be more specific about what qualifies as an unruly gathering.

"I can't believe any person who represents residents would have a bill like this," she said.

Lee Rowland, staff attorney for the American Civil Liberties Union of Nevada, said the ordinance was unconstitutionally vague. Any attempt to recoup costs to government agencies and limit wild parties could be done with a more narrowly focused ordinance, she said.

The proposed ordinance also could be abused by warring neighbors, Rowland said.

"This literally gives the Hatfields and McCoys a way to bring government into their disputes," she said.

Jerbic responded that there are existing laws could be used just as easily by bad neighbors.

Tarkanian defended the ordinance and its intent.

"Women have cried on the telephone to me that there's no way to stop noise," she said. "This protects residents, and came from residents."

She asked that the bill be brought back in 30 days, but Jerbic said city staff might need more time to meet with police personnel.

Jerbic said the city's ordinance was based on laws in Tucson, Ariz., Ventura County and Daly City, Calif., and other places.