Item 3: Ordinance on Unruly Gatherings

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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 October 10 City Council Work Session The following changes have been made to the ordinance, in response to concerns raised at the October 10 work session. 1.Amend section 4.672 (1), to further tighten and clarify the intent of this ordinance. No person shall organize, facilitate or host an unruly gathering if the person knows or reasonably should know that it is, or is likely to become, an unruly gathering. Significant concerns and questions were raised about how these two provisions would be defined and practically implemented. 2.Amend the definition of “property” to clarify that for purposes of this ordinance a single property is defined by street number, and that it does not include restaurants, bars or taverns. Listed below are concerns that have been expressed, along with options the council could take related to each. A large multi-unit complex may not have sufficient time to address tenants’ behavior before the property owners are responsible for the cost of the City’s response through the civil penalty. This ordinance was drafted primarily to address neighborhood livability, so it was crafted giving greatest consideration to the impact the unruly gatherings have on neighbors, regardless of the residential type (single-family or multi-family) that is the location for the unruly gathering. Option 1 – Amend section 4.672 (8) to specify that number of housing units or residential type be a condition for the City to consider in an appeal. Option 2 – Amend section 4.996 to modify the number of unruly gathering citations which can be issued before property owners of certain properties (number of units or multifamily zoning) are responsible for the costs associated with the response. S:\CMO\2012 Council Agendas\M121119\S1211193.doc