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.

Sgt. Jim Squance of the Oxford Police Department said Miami University students must have only three violations to be cited under their nuisance party ordinance.

‘There’s a very good response by the student community,’ Squance said. ‘They do a good job of policing themselves.’

His department has only given four citations since the school year began.

Bowling Green’s party scene has been equally quiet in the past few years, despite more citations, according to Hetrick.

‘Partying is cyclical. It is not planned and trends could change from year to year,’ he said. ‘The people from year to year is just among some variables.’

Other variables include visitors, special events such as sporting events and any other form of celebration that may come. Location, however, is not a variable.

In the beginning weeks of school, many people witnessed Wooster Street as ‘party central.’ Hetrick said this is not necessarily true all the time. Wooster Street is just more visible than other streets.

But while the nuisance party ordinance is not often used by city police, some student homeowners still believe they are being targeted.

Junior Matt Brotzki lives with five other roommates on Wooster Street. While they used to have parties, he said they have stopped doing so altogether because of the law.

‘We felt targeted being on Wooster Street at the beginning of the year,’ Brotzki said. ‘Bike cops kept going around the house waiting for someone to do something stupid.’

According to police reports, two of his six roommates were arrested for disorderly conduct, public urination, underage under the influence and nuisance party violations on Aug. 24, 2006. A report said 200 people were in their East Wooster Street yard when officers arrived.

Brotzki said they were cited because someone walked into the street during the party.

Although Brotzki understands why the citation was given, he said he feels the law does not take his living situation into account.

‘They are very vague – they define a party as five people or more and there are six people [living in] the house,’ he said. ‘By law, it’s always a party.’

Senior Wes Gundelfinger said he has seen many changes in the party scene since he began living in The Enclave on East Napoleon Road.

Gundelfinger believes apartment parties have at least likely chance of getting a citation because the apartments are smaller and more contained.

‘It seems like I partied more in houses prior to being 21,’ Gundelfinger said. ‘Most people when they are old enough to move off campus are old enough to get into the bars which minimizes the house parties.’

Gundelfinger said when he used to go to house parties, there were more nuisance party citations given because of party population. Since he began hosting parties at his apartment, he has not been cited once.

But there may be other reasons Gundelfinger has never been cited.

Hetrick said a disorderly ticket or a warning usually shuts parties down so nuisance citations are given only in certain circumstances.

‘This is not a tool to stop gatherings,’ Hetrick said. ‘This is a tool to combat the problem or public misbehavior.’

City News Editor Lisa Halverstadt contributed.