4.
City Council Combined Special Meeting/Work Session
- Meeting Date:
- 03/10/2015
- From:
- Walt Miller, Deputy Chief
TITLE:
Student Housing: Police Response
RECOMMENDED ACTION:
Discussion on police response to student housing properties, and opportunities to amend the Party Disturbance Ordinance and create a new ordinance governing Student Housing.
Executive Summary:
Student housing is a visible community issue that is likely to remain in the public eye for several years to come. Economic development, community character, affordable housing and public safety are all impacted by decisions related to student housing. In recent years the Flagstaff Police Department has responded to an increasing number of loud, unruly gatherings on student housing properties. This presentation will review the current ordinance governing our response to party disturbances, in comparison to two other ordinances in the state. We will seek direction from Council on whether there is a desire to amend our current ordinance. Additionally, we will discuss whether Council desires the creation of a new ordinance intended to impose requirements for certain properties to become involved in the Crime Free Multi-Housing program, contract with private security, or require on-site management.
Financial Impact:
There is no financial impact to the City of Flagstaff.
Connection to Council Goal and/or Regional Plan:
Improve effectiveness of notification, communication, and engagement with residents, neighborhoods and businesses about City services, programs, policies, projects and developments.
Previous Council Decision on This:
Yes, Effective governance by addressing constituents' concerns. A Student Housing Work Plan was brought before the Mayor and Council and on January 6, 2015 Resolution 2015-01 was passed and adopted.
Options and Alternatives:
- Provide direction to continue enforcement using the current ordinance regulating party disturbance
- Provide direction to amend the current ordinance regulating party disturbance
- Provide direction to create a new ordinance intending to require certain Student Housing properties to engage in programs like Crime Free Multi-Housing, contract with private security, and/or place on site management on the property.
Background/History:
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 imposed 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 when large parties occur. 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.
The current version of the City’s Large Parties, Gatherings or Events Ordinance allows the Police Department to recover costs, billing the responsible person(s) for police services in (2) two specific instances:
1). If the large party, gathering or event is deemed to be an imminent threat to public health or safety that requires the response of two (2) or more officers and it is determined that (15) fifteen or more people are at the “party, gathering or event.”
or
2).The large party, gathering or event is deemed as a special security assignment. A special security assignment is defined as a second or subsequent call that occurs within 90 days of the first call for service. There must be (15) fifteen or more people at the “party, gathering or event” and the response requires (2) two or more officers to restore public peace, health, safety and/or general welfare.
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 specific ordinances to address large unruly parties, gatherings or events.
Currently the City of Tempe has a Nuisance Ordinance which allows their officers to issue civil citations for police service/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. Tempe does not charge for police services, but rather has imposed the following civil penalties; First offense is a $250 fine. Second offense, after notice is issued and within a 90 period, is a $1000 fine. The third and subsequent offense, is a $1500 fine. The Tempe ordinance does not define a party by number of attendees or number of officers responding. There is also a provision to notify property owners following a first offense, and hold property owners responsible for further infractions.
The City of Tucson has a current ordinance regulating party disturbances that allows an officer to physically post the residence with large red sticker after a first offense. This provides notification that an unruly gathering has occurred at the premise and that any subsequent unruly gathering for a 180 day period shall result in a civil fine imposed on all people present who are contributing to the unruly event. The owner, occupant or tenant of the premises can be held accountable once notification is made following the first offense. The City of Tucson has imposed civil penalties ranging from $500 dollars for a first offense to $1500 dollars for a third or subsequent violation.
The City of Tempe also has an ordinance that requires a Security Plan be prepared for multi-unit dwellings. Under this plan, a multi-unit dwelling of five (5) units or greater must supply a security plan to the Police Department if that property has demonstrated a disregard for public safety. We don’t believe this current ordinance is directly applicable to Flagstaff, however the adoption of this ordinance illustrates an opportunity to evaluate the creation of a local ordinance to require properties of certain size, or properties that exceed a certain number of calls for service become involved in Crime Free Multi Housing, contract with private security, or maintain on site management.
In 1996, the Flagstaff Police Department established a Crime Free Multi Housing (CFMH) program. We have seen great success with many of the properties that have joined the CFMH program. In one case with one large apartment complex, calls for service over a two year period decreased by 90%. We have also seen a decrease in calls for service when a property employs private security. We believe that building partnerships with these properties and having them involved in the CFMH program is one effective tool to help combat calls for service. Currently, there is no mechanism in place to require large Student Housing properties to become involved with Crime Free Multi-Housing
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.
The current version of the City’s Large Parties, Gatherings or Events Ordinance allows the Police Department to recover costs, billing the responsible person(s) for police services in (2) two specific instances:
1). If the large party, gathering or event is deemed to be an imminent threat to public health or safety that requires the response of two (2) or more officers and it is determined that (15) fifteen or more people are at the “party, gathering or event.”
or
2).The large party, gathering or event is deemed as a special security assignment. A special security assignment is defined as a second or subsequent call that occurs within 90 days of the first call for service. There must be (15) fifteen or more people at the “party, gathering or event” and the response requires (2) two or more officers to restore public peace, health, safety and/or general welfare.
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 specific ordinances to address large unruly parties, gatherings or events.
Currently the City of Tempe has a Nuisance Ordinance which allows their officers to issue civil citations for police service/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. Tempe does not charge for police services, but rather has imposed the following civil penalties; First offense is a $250 fine. Second offense, after notice is issued and within a 90 period, is a $1000 fine. The third and subsequent offense, is a $1500 fine. The Tempe ordinance does not define a party by number of attendees or number of officers responding. There is also a provision to notify property owners following a first offense, and hold property owners responsible for further infractions.
The City of Tucson has a current ordinance regulating party disturbances that allows an officer to physically post the residence with large red sticker after a first offense. This provides notification that an unruly gathering has occurred at the premise and that any subsequent unruly gathering for a 180 day period shall result in a civil fine imposed on all people present who are contributing to the unruly event. The owner, occupant or tenant of the premises can be held accountable once notification is made following the first offense. The City of Tucson has imposed civil penalties ranging from $500 dollars for a first offense to $1500 dollars for a third or subsequent violation.
The City of Tempe also has an ordinance that requires a Security Plan be prepared for multi-unit dwellings. Under this plan, a multi-unit dwelling of five (5) units or greater must supply a security plan to the Police Department if that property has demonstrated a disregard for public safety. We don’t believe this current ordinance is directly applicable to Flagstaff, however the adoption of this ordinance illustrates an opportunity to evaluate the creation of a local ordinance to require properties of certain size, or properties that exceed a certain number of calls for service become involved in Crime Free Multi Housing, contract with private security, or maintain on site management.
In 1996, the Flagstaff Police Department established a Crime Free Multi Housing (CFMH) program. We have seen great success with many of the properties that have joined the CFMH program. In one case with one large apartment complex, calls for service over a two year period decreased by 90%. We have also seen a decrease in calls for service when a property employs private security. We believe that building partnerships with these properties and having them involved in the CFMH program is one effective tool to help combat calls for service. Currently, there is no mechanism in place to require large Student Housing properties to become involved with Crime Free Multi-Housing
Key Considerations:
In collaboration with the City Attorney’s Office, any amended or new ordinance adopted may assist in effectively deterring problems associated with Student Housing properties. We have researched a number of similar ordinances enacted around Arizona, and will present to Council an overview of our existing ordinance, and a number of options presented in other ordinances we have reviewed.
Expanded Financial Considerations:
By imposing financial liability on the individuals responsible for disruptive parties and unruly gatherings, the Police Department will be reimbursed for the expenditure of resources needed to address such complaints. In essence, the cost of restoring the peace, health, safety and welfare of those communities disrupted by a large party, gathering or event will be recovered from those responsible for the party.
Community Benefits and Considerations:
Benefits of an effective party ordinance may include more peaceful living conditions for those residents living in the areas affected by loud and unruly 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 as officers’ time is no longer monopolized by large and unruly gatherings
Community Involvement:
We intend to continue building a collaborative partnership with Northern Arizona University to share information that involves student conduct off campus. We are also sharing information through the Good Neighbor Coalition, a university-sponsored community, neighborhood and City partnership, which meets monthly. We also intend to work with Northern Arizona University to provide education to students on existing ordinances that may impact them.
Expanded Options and Alternatives:
Continue enforcement under current ordinance, revise, amend or adopt new ordinance.