Item A: Ordinance on Unruly Gatherings

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2. The fines should be reduced for a first offense. Upon further review, it was determined that the fine schedule should be removed from the ordinance, as Municipal Court establishes fine schedules. The ordinance proposes a $1,000 maximum fine amount. The Municipal Court presiding judge would be responsible for establishing the "presumptive fine," or suggested fine amount. The presumptive fine is often not the actual fine that might be imposed but rather the amount that can be posted and forfeited without a court appearance. The presiding judge would also create internal sanctioning guidelines for judicial staff to follow. Since each case is often unique, the guidelines would be applied with judicial discretion and could increase or decrease within the maximum fine limits depending on the severity of the case, the number of related violations and the overall sanction being imposed. When establishing the fine, similar violations and fines will be considered. The only current violation that holds a maximum penalty of $1,000 is "Allowing Unlawful Consumption of Alcohol on Private Premises." The offense carries a presumptive fine of $375, a fine of $200 for a first offense, $300 for a second offense and $375 (presumptive fine amount) for the 3rd offense. 3.Terms such as “Social Host” need better definitions. Additional definitions were provided for host, facilitate and organize. Stakeholder Perspectives The NLWG includes a diversity of interests and perspectives on how best to combat the impacts to livability in the campus area neighborhoods. While many in the group strongly support a social host ordinance, others have expressed reservations about this strategy. Although consensus was not reached, there is strong support. Staff has attempted to respond to input. The following is a summary of the main concerns raised within the group followed by any staff response. University of Oregon staff expressed concern that any legislation be scheduled to allow full input and discussion by university students. The originally scheduled council dates in June 2012 were deferred to October through December to allow full and meaningful input and conversation with the University of Oregon students and leadership. The newly elected vice-president of the student government, Associated Students of the University of Oregon (ASUO), attended the last working group meeting and provided comments, and student representatives have had an open invitation to participate in the work of the NLWG since its inception. Neighbors and property owners expressed concern that existing regulations are not fully enforced, and that additional regulations are not needed until existing regulations are fully enforced. There is a list of violations that will continue to be used, including noise, and violations of liquor laws. Property owners have expressed concerns that the assessment of “response costs” is uncapped and unknown. A response cost is not calculated in the ordinance, because it will be based on the true costs of responding to each incident. Using the existing party-patrol staffing model and response times, the police response cost would be approximately $864 for a 1.5-hour response, involving five officers and one sergeant. This cost includes salary, benefits, overtime, and vehicle costs. If the services were needed, additional costs could be added for emergency medical, or Public Works. They expressed concern that they could be liable for recovery costs for the fourth event at a property address even if the tenants have changed. They expressed concern that the impact is measured by property, so the fourth event at a single property address could result in assessment of civil penalties, even if the address was a large multi-family complex. S:\CMO\2012 Council Agendas\M121010\S121010A.docx.doc