| ITEM #: 10. DATE: 07/18/2022 AI #:1002 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | AMEND AND REPLACE GOODYEAR CITY CODE CHAPTER 11, SECTION 11-1-28, TO ESTABLISH EXPANDED “UNRULY GATHERING” REGULATIONS |
| STAFF PRESENTER(S): | Jay Karlovich, Assistant City Attorney |
SUMMARY
In 2009, the City enacted the existing Chapter 11, Section 11-1-28, “Disorderly Party, Gathering, Event” providing regulations that are somewhat one-dimensional and duplicative of the Section 11-1-27 Disorderly Conduct criminal code provision. The current “Disorderly Party, Gathering, Event” code provides City police and code enforcement officers with another criminal code provision that only targeted the intoxicated perpetrators engaged in disruptive and unruly behavior.
As Goodyear continues to grow, the number of short-term rental (STR) units and the number of long-term rental (LTR) units within the Goodyear city limits continue to grow. City police and code enforcement officers are interested in expanding the Unruly Gathering regulations that will enable City police and code enforcement officers to issue civil citations to the STR and LTR property owners that repeatedly allow their properties to be utilized for Unruly Gatherings, in addition to existing law/code enforcement tools that deter, disburse and penalize the perpetrators engaged in disruptive, intoxicated and unruly behavior.
As Goodyear continues to grow, the number of short-term rental (STR) units and the number of long-term rental (LTR) units within the Goodyear city limits continue to grow. City police and code enforcement officers are interested in expanding the Unruly Gathering regulations that will enable City police and code enforcement officers to issue civil citations to the STR and LTR property owners that repeatedly allow their properties to be utilized for Unruly Gatherings, in addition to existing law/code enforcement tools that deter, disburse and penalize the perpetrators engaged in disruptive, intoxicated and unruly behavior.
Recommendation
ADOPT RESOLUTION NO. 2022-2261 DECLARING A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND TITLED "AMENDMENT TO GOODYEAR CITY CODE OF ORDINANCES CHAPTER 11-OFFENSES, SECTION 11-1-28, TO ESTABLISH NEW UNRULY GATHERING REGULATIONS."
ADOPT ORDINANCE NO. 2022-1550 ENACTING AN AMENDMENT TO CHAPTER 11 OF THE CITY OF GOODYEAR CODE OF ORDINANCES, TO AMEND AND REPLACE, SECTION 11-1-28, TO ESTABLISH NEW AND EXPANDED UNRULY GATHERING REGULATIONS; PROVIDING FOR CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. (Jay Karlovich, Assistant City Attorney)
ADOPT ORDINANCE NO. 2022-1550 ENACTING AN AMENDMENT TO CHAPTER 11 OF THE CITY OF GOODYEAR CODE OF ORDINANCES, TO AMEND AND REPLACE, SECTION 11-1-28, TO ESTABLISH NEW AND EXPANDED UNRULY GATHERING REGULATIONS; PROVIDING FOR CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. (Jay Karlovich, Assistant City Attorney)
FISCAL IMPACT
There is no fiscal impact with establishing the short-term rental regulations for FY23 or future years. Any fees received from potential violations of the ordinance are expected to be nominal.
BACKGROUND AND PREVIOUS ACTIONS
As Goodyear continues to grow, the number of short-term rental (STR) units and the number of long-term rental (LTR) units within the Goodyear city limits continue to grow. City police and code enforcement officers are interested in expanding the Unruly Gathering regulations that will enable City police and code enforcement officers to issue civil citations to the STR and LTR property owners that repeatedly allow their properties to be utilized for Unruly Gatherings, in addition to existing law/code enforcement tools that deter, disburse and penalize the perpetrators engaged in disruptive, intoxicated and unruly behavior.
STAFF ANALYSIS
Staff recommends Council adoption of Resolution No. 2022-2261 and Ordinance No. 2022-1550 establishing new Unruly Gathering regulations that will provide City police and code enforcement officers with a tool to cite and civilly fine unruly property occupants. In addition, the Unruly Gathering regulations will also allow City police and code enforcement officers to cite and civilly fine rental property owners (as well as owner-occupants) that allow their property(s) to be repeated used for Unruly Gatherings.