9.
City Council Work Session
- Meeting Date:
- 04/12/2016
- From:
- Dan Musselman, Deputy Police Chief (Support Services)
- Department:
- Police Department
Co-Submitter:
TITLE:
Discussion on Nuisance Party Ordinance
DESIRED OUTCOME:
To address citizen concerns brought forward about the Nuisance Party Ordinance
EXECUTIVE SUMMARY:
At the October 6, 2015 City Council Meeting, some citizens expressed concerns with the current Nuisance Party Ordinance. The Police Department was directed to meet with the citizens, listen to their concerns and come back before City Council with any recommended changes.
INFORMATION:
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 alternative or better methods to deter this criminal activity and feel the current Nuisance Party Ordinance allows the Police Department an appropriate alternative.
Under the Party Nuisance Ordinance, a “Nuisance Party” is defined as a gathering of five (5) or more persons on any private property, in a manner which causes a disturbance of the quiet enjoyment of private or public property by any person or persons. Such disturbances may include, but are not limited to, excessive noise or traffic, obstruction of public streets by crowds or vehicles, drinking in public, serving alcohol to minors or the consumption of alcohol by minors, fighting, disturbing the peace and littering.
Under this ordinance any persons attending the party and contributing to the nuisance can be cited on a first response by one or more officers. The ordinance allows the officers to issue citations for a civil violation of a “Nuisance Party”, in lieu of the criminal arrest (Class 1 misdemeanor), for Disturbing the Peace. Any sponsor, host or organizer of the “Nuisance Party”, may be cited during a first response. Civil fines will range from $250, on the first offense, to $500 on the second offense within 120 days and $1000 for the third or subsequent offense within 120 days. These fines can be enhanced if there are additional criminal violations taking place at the Nuisance Party. 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 can 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 30 days after the initial notification was made.
The ordinance does allow for a waiver to be issued if the property owner has taken steps reasonably necessary to prevent subsequent nuisance 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.
Police Chief Kevin Treadway and his staff met with the citizens on December 10th, to hear their concerns. We met again on March 9th to discuss the concerns and advise them of the Chief's response to their concerns and his recommendations. This presentation will be shared with Council.
CITY COUNCIL GOAL:
Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics.
Under the Party Nuisance Ordinance, a “Nuisance Party” is defined as a gathering of five (5) or more persons on any private property, in a manner which causes a disturbance of the quiet enjoyment of private or public property by any person or persons. Such disturbances may include, but are not limited to, excessive noise or traffic, obstruction of public streets by crowds or vehicles, drinking in public, serving alcohol to minors or the consumption of alcohol by minors, fighting, disturbing the peace and littering.
Under this ordinance any persons attending the party and contributing to the nuisance can be cited on a first response by one or more officers. The ordinance allows the officers to issue citations for a civil violation of a “Nuisance Party”, in lieu of the criminal arrest (Class 1 misdemeanor), for Disturbing the Peace. Any sponsor, host or organizer of the “Nuisance Party”, may be cited during a first response. Civil fines will range from $250, on the first offense, to $500 on the second offense within 120 days and $1000 for the third or subsequent offense within 120 days. These fines can be enhanced if there are additional criminal violations taking place at the Nuisance Party. 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 can 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 30 days after the initial notification was made.
The ordinance does allow for a waiver to be issued if the property owner has taken steps reasonably necessary to prevent subsequent nuisance 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.
Police Chief Kevin Treadway and his staff met with the citizens on December 10th, to hear their concerns. We met again on March 9th to discuss the concerns and advise them of the Chief's response to their concerns and his recommendations. This presentation will be shared with Council.
CITY COUNCIL GOAL:
Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics.