Item A: Ordinance on Unruly Gatherings

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Social host ordinances are considered best practices in other communities with large higher education institutions to reduce the negative impacts of unruly alcohol-fueled parties, and to reduce the serious public health problems associated with binge drinking by young adults. This is accomplished through increasing accountability and liability for repeated offenses, for both the person holding or hosting the parties, as well as for the property owner on whose property the parties are held. Metrics and Goals This proposed ordinance aims to reduce the perceived negative impacts caused by alcohol-fueled parties. To assess the impact and effectiveness of the ordinance, staff will monitor the number of complaints received over time that are related to loud parties. For the period of September 1, 2011, through June 30, 2012, there were 1,209 complaints for loud parties, loud noise, or loud music citywide. Of this total, 530 originated in the near-campus area. In addition to these calls with an identified complainant, there were an additional 725 calls citywide related to noise where the complainant wished to remain anonymous. In addition to analyzing complaints, staff will monitor the frequency the civil penalties are assessed, to determine if this is a tool that is effective at addressing the problem of properties that are chronically hosting unruly gatherings. During the 2011-2012 school year, there were 22 properties where four or more complaints for loud parties were received during the Thursday through Saturday timeframe. Each of these could have been subject to this ordinance. The number of properties receiving four or more complaints has increased significantly from six properties in school year 2010-2011, to 22 in 2011-2012. It is believed that this strategy will contribute to a reduction in the frequency of unruly gatherings by holding both organizers and property owners accountable. Social host ordinances are now a common tool used to address this issue and have been enacted in over 150 cities and counties in 27 states. While not a “silver bullet” to what is a complex community problem, other communities have found social host ordinances to be an effective deterrent. Research conducted at 14 public universities in California revealed the largest decrease in off-campus binge drinking at those institutions that had aggressive enforcement programs that included social host ordinances coupled with strong media campaigns. This has also been the experience in St. Cloud, Minnesota, which recently implemented a similar ordinance and presented their findings at the 2011 International Town and Gown Association Conference attended by staff. Changes Since April 2012 City Council Work Session At the April work session, several concerns were raised: 1.The fine should not be excessive, and should take into account the person who accidentally held a single unruly party. Language was added specifying, that to be cited, the person hosting or organizing the party should know or have reasonably known that the party was likely to become unruly. If a roommate is out of town and was not involved in organizing the party, s/he cannot be deemed to have reasonably known. Additional language was added to explicitly state that if a host or organizer contacts the police in an attempt to control a party that would be considered an affirmative defense. S:\CMO\2012 Council Agendas\M121010\S121010A.docx.doc