Item 3: Ordinance on Unruly Gatherings

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In November 2000, the City Council adopted Ordinance 20217, known as the Special Response Ordinance, which established a fee for police responses to gatherings with more than 25 people. The Special Response Ordinance has not been effective in abating negative impacts from loud gatherings; only one first response fee has been assessed since the ordinance’s adoption, and no money was collected. The proposed social host ordinance would address several of the problems with existing code, and is further addressed in the section entitled “Stakeholder Perspectives.” 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. The Municipal Court Presiding Judge is responsible for establishing the "presumptive fine," or suggested fine amount, up to the maximum fine called out in the ordinance of $1,000. A maximum fine of $1,000 allows progressively increasing penalties for repeat offenses, as determined by the presiding judge. 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 a $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 third offense. 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. This is a significant increase from the six properties reported during the 2010-2011 school year. S:\CMO\2012 Council Agendas\M121119\S1211193.doc