Consideration and Adoption of Ordinance No. 2015-08:  An ordinance of the Flagstaff City Council amending Title VI, Police Regulations, of the Flagstaff City Code by amending Section 6-08-001-0005, Large Parties, Gatherings or Events, thereof; providing for severability and authority for clerical corrections, and establishing an effective date. (Amending, revising and supplementing Section 6-08-001-0005, Large Nuisance Parties, Gatherings or Events, of the Flagstaff City Code)

In recent years the Flagstaff Police Department has responded to an increasing number of loud, unruly gatherings on large student housing properties. We are always looking for alternatives or better methods to deter this criminal activity and an amendment to our current ordinance would be one alternative.
 
We would redefine our current ordinance to impose civil sanctions instead of criminal sanctions for a “Nuisance Party” violation. The ordinance would also reflect that a “Nuisance Party” would be defined as a gathering of five (5) or more persons on any private property. The current ordinance calls for fifteen (15) or more persons to be on the premises and more than two (2) officers are needed for the response. Under this amendment any persons attending the party and contributing to the nuisance can be cited on a first response by one or more officers. Also, any sponsor, host or organizer of the event may be cited during a first response.
 
Civil fines will range from $250, on the first offense, to $500 on the second offense within (90, 120, 180) days and $1000 for the third or subsequent offense within (90, 120, 180) days. This is an amendment from our current ordinance, which the responsible person(s) are billed for our services when more than two (2) officers have responded to the same address within a 90 day period.    
 
Lastly, if the property owner is on the premises during the “Nuisance Party” and takes no reasonable action to prevent the “Nuisance Party” the property owner may be cited. However if the property owner is not on premises but proper notice was provided making the property owner aware of a “Nuisance Party” a civil fine can be imposed if the “Nuisance Party” has occurred within ( two (2)  weeks, 20, or 30 days) after the notification was made. 
 
The ordinance does allow for a waiver to be issued if the property owner has taken steps reasonably necessary to prevent other parties, is in the process of an eviction, or agrees to actively participate in the Flagstaff Police Department’s Crime Free Multi-Housing Program, or if over 100 individual units obtains private security on the property.          

 There is no financial impact to the City of Flagstaff.

Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient and effective manner to serve all population areas and demographic.

Yes, a Student Housing Work Plan was brought before the Mayor and Council and on January 6, 2015, resolution 2015-01, was passed and adopted. On March 10, 2015 a work session presentation regarding police response to student housing was given to the Mayor and Council.
Additionally, first read of the ordinance was held at the May 5, 2015, City Council meeting.

• Continue enforcement with current ordinance
• Adopt new amended ordinance

In October of 2009, Ordinance 6-08-0001-0005 regarding “Large Party, or events was modified. Since that time the FPD continues to see the burdens on communities plagued by these types of gatherings. Neighborhoods, particularly those adjacent to or near the University, have consistently borne the burden of residents who violate the peace and tranquility of the community as a whole for their own selfish ends. Public urination, litter from spent alcohol cups and containers, upended trash and recycling receptacles, loud music and noise in the form of amplified music, traffic congestion and parking problems, are just a small sample of the disruptions residential neighbors adjacent to these disturbances are faced with. In essence, the problems associated with disruptive parties constitute quality of life concerns in the community.

The Police Department’s goal in regard to loud and disruptive parties is to respond to disturbances quickly in order to minimize their impact on the neighborhood, and to prevent disturbances from growing to an unmanageable and unsafe degree. Often, this requires the involvement of numerous police officers leaving their designated patrol areas to respond to these events. As a result, police response times to the rest of the City are increased and general policing for the remainder of the City may be compromised.
 
In an effort to help deter criminal behavior associated with nuisance parties, gatherings or events, it is proposed that City Ordinance 6-08-001-0005 be amended. The proposed ordinance is based upon a number of similar ordinances enacted around Arizona, which impose liability based on public nuisance legal theory, upon persons responsible for the private premises where these gatherings take place and those engaged in the nuisance party, event or gathering. Through our research, we believe this is best practice.
 
In collaboration with the City Attorney’s Office we have been in contact with the Tempe Police Department and the Tucson Police Department. Over the years they have faced similar challenges with student housing and each has adopted a specific ordinance to address large unruly/nuisance parties, gatherings or events.

The Nuisance Ordinance will allow officers to issue civil citations for police service and response. Citations can be issued to all responsible persons. This can include any persons in attendance at the nuisance party, including owner, occupant tenant or tenants guest, or any sponsor, host or organizer. We will no longer charge for police services, but rather impose the following civil penalties; First offense is a $250 fine. Second offense, after notice is issued and within a (TBD 90-120 or 180) period, the fine is $500. Third and subsequent offense, the fine is $1000. The civil penalty does have due process for those that are issued citations, but it will not appear on a person’s criminal history.

If an owner of a property is issued a citation under the nuisance ordnance, he/she may petition to the Chief of Police or his designee for a waiver. If the owner has taken steps reasonably necessary to prevent a subsequent nuisance party or to exclude the uninvited persons from the premises or the owner is actively attempting to evict the tenant from the premises a wavier shall be granted.
 
Also the ordinance allows a waiver to the owner if he/she agrees to actively participate in the Flagstaff Police Department’s Crime Free Multi Housing program. This will require tenants to sign a crime free lease addendum and the owner will then be provided, free of charge, police reports regarding criminal activity on the property.

In collaboration with the City Attorney’s Office, any amended or new ordinance adopted may assist to effectively deter criminal behavior associated with Student Housing properties. We have researched a number of similar ordinances enacted around Arizona, and will present to Council a number of options for an amended ordinance.   

By imposing financial liability on the individuals responsible for disruptive nuisance parties, gatherings or events, it is our hope that this will deter future problems. In doing so, we are effectively restoring the peace, health, safety and welfare of those communities disrupted by a nuisance party, gathering or event and should hold those individuals accountable for their actions. There is no cost to the City to make these amendments.

Benefits include more peaceful living conditions for those residents living in the areas affected by loud and nuisance parties; a reduction in the crimes normally accompanying these disturbances, such as assaults, littering and criminal damage; more efficient and effective policing of the community because with a reduction in party disturbances; and the officers’ time is no longer monopolized by nuisance parties, gatherings or events.

We continue to build a collaborative partnership with Northern Arizona University to pass and share information that involves student conduct off campus. The new ordinance information sheet will be included during student orientation and included in their electronic guide book.
 
The proposed ordinance was presented and discussed in detail on April 15^th at the monthly Good Neighborhood Coalition meeting.
 
All in attendance supported the recommended revisions to the ordinance.
 
The ordinance was also presented and discussed on April 16^th and the Southside Neighborhood Association monthly meeting.
 
All in attendance supported the recommended revisions to the ordinance.