Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/05/2016 - ITEMS RELATING TO THE SOCIAL HOST CIVIL CITATIONAgenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Delynn Coldiron, Neighborhood Services Manager Jeremy Yonce, Police Lieutenant SUBJECT Items Relating to the Social Host Civil Citation. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 047, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Prohibit a Social Host from Allowing the Possession or Consumption of Ethyl Alcohol or Marijuana by Persons Under Twenty-One Years of Age. B. First Reading of Ordinance No. 048, 2016, Amending Chapter 19 of the Code of the City of Fort Collins to Modify the Rules for Civil Infractions Related to Immediate Service of a Social Host Civil Citation. The purpose of these items is to consider implementing a Social Host Ordinance to prohibit a person from allowing the possession or consumption of ethyl alcohol or marijuana by persons under the age of twenty-one, and to allow for the immediate service of a civil citation in the event of a violation of such Ordinance. STAFF RECOMMENDATION Staff recommends adoption of both Ordinances on First Reading. BACKGROUND / DISCUSSION Based on guidance received at the May 12, 2015 Council work session, City staff spent several months engaging with students, rental property managers/owners, Team Fort Collins, and community members to explore whether there was sufficient reason to recommend adoption of a social host ordinance. Staff also conducted additional research on ways other communities have addressed this issue, as well as the effectiveness of existing social host ordinances. Recommendation Staff recommends implementation of a new Social Host Ordinance that is a civil infraction and not tied to the Public Nuisance Ordinance. It would hold hosts responsible when: 1. They have legal control of and access to a private place; and 2. They are present at the time the underage possession or consumption of alcohol or marijuana is occurring. It would not apply when: 1. A person under twenty-one (21) had his or her parent’s consent; 2. A person under twenty-one (21) had a valid medical marijuana registry card; 3. A person under twenty-one (21) was under the supervision of an instructor; Agenda Item 22 Item # 22 Page 2 4. The consumption took place for religious purposes; or 5. The consumption took place as part of a supervised and bona fide investigation. **Such instances are similar to state law exceptions to violations for underage possession and consumption of marijuana and alcohol. Staff further recommends modifying the rules for civil infractions to allow for immediate service of a social host citation in the event of a violation. If approved, the City of Fort Collins would have a comprehensive set of tools to address most, if not all, scenarios associated with underage possession or consumption of alcohol and/or marijuana that will assist in deterring these activities and work to improve the health and safety of the Community. These tools include: Civil Offense Social Host  Municipal Criminal Offenses: - Minor in Possession (MIP) which was recently adopted by Council; - Unreasonable Noise (tied to the Public Nuisance Ordinance); - Nuisance Gathering (tied to the Public Nuisance Ordinance) which was recently amended by Council to include on premise behaviors; and  State Criminal Offense - Contributing to the Delinquency of a Minor. Public Engagement Initial engagement efforts were with Associated Students of Colorado State University (ASCSU) and the Northern Colorado Rental Housing Association (NoCORHA), two key stakeholder groups. Members from both groups were added to the stakeholder committee and were invited to participate throughout the remainder of the process. They were instrumental in providing feedback as staff developed options and outreach materials and in helping inform and engage others in the process. Additional efforts included community outreach through public meetings, written articles, social media, a poster run, and a community questionnaire. More detail on staff’s engagement efforts, including questionnaire responses, Team Fort Collins’ recommendation, and community member comments are included in Attachment 1. Research - Existing Tools Based on feedback received, staff took a more in-depth look at existing ordinances, most notably the Nuisance Gathering Ordinance, to determine whether this was sufficient to address the underage possession and consumption issue. As written, it did include a provision for the unlawful sale, furnishing, possession or consumption of alcohol. The Ordinance only applied if the behavior was being conducted on neighboring public or private property. It also had no provision for the unlawful possession or consumption of marijuana. This limited the effectiveness of utilizing this Ordinance as a solution for social host since the host could not be cited for underage consumption that was occurring on the premises. However, Council recently approved minor modifications to the Ordinance that fixed these issues, making this a viable option when a nuisance exists. Staff also took a more in-depth look at the existing Public Nuisance Ordinance to determine whether this could or should be tied to a social host ordinance. Because there are scenarios where underage consumption of alcohol or marijuana could be occurring where there is no nuisance to neighboring properties, as defined by City ordinance, staff is not recommending that the social host provision be tied to the Public Nuisance Agenda Item 22 Item # 22 Page 3 Ordinance, at least in these cases. To avoid confusion as to when the Public Nuisance Ordinance would be applicable, it was suggested that it not be tied to the social host ordinance. Although changes to the Minor in Possession and Nuisance Gathering ordinances were considered as part of this project, it was determined that the changes were essentially clean-up or minor adjustments that were needed whether or not a new social host ordinance was adopted. So, although these items are related to this item and are part of the comprehensive approach to address underage possession or consumption, they were separated from this process. Research - Other Communities Staff research found that 42 states across the nation have adopted some form of social host legislation. Staff looked more closely at 22 communities that had some similarity to the City of Fort Collins, most generally due to the fact that they had a university or similar institution, as well as some sort of ordinance enacted to address underage consumption of alcohol or parties and their related impacts (Attachment 2). Communities have employed a variety of approaches, some criminal and some civil in nature; sometimes both. The level of knowledge or active participation by the “host” or owner varies widely from jurisdiction to jurisdiction. Some of the ordinances combined the concepts of social host with ordinances on social gatherings or noise as well. Proponents of social host ordinances seek to hold property owners, occupants, and tenants or others having possessory control of any premises where a person under the age of twenty-one obtains, possesses or consumes an alcoholic beverage or marijuana strictly liable. Strict liability means absolute legal responsibility without proof of intent, knowledge, carelessness or fault. This would be in the form of a civil infraction violation rather than a criminal violation. Communities have found that criminal laws designed to target those that provide liquor to underage drinkers are hard to prove and therefore difficult to enforce. A host will usually claim that they had no actual knowledge of underage drinking; relieving him or her of legal accountability even though they were aware that underage consumption was likely occurring. Unless it can be shown that they personally provided alcohol to an underage drinker, it is hard to enforce. Fort Collins faces a similar challenge with the use of the state charge of “Contributing to the Delinquency of a Minor.” Many communities also include the homeowners or landlords for potential enforcement of a social host ordinance. The idea is that a homeowner (possibly a parent) who knowingly allows underage consumption to occur at his/her home, even if not present, should have some accountability for such a decision. A parent might decide to allow his or her underage child to drink in his or her home, but should not be able to make that decision for other parents. Conversely, a landlord that is made aware that such parties are occurring at a rental property, who takes no action to impact such parties, could be held responsible in some fashion. Some communities only take action against property owners after sufficient notice and education has been provided and the property owners failed to act or continued to allow such gatherings to occur. Although the proposed social host ordinance does not include these provisions, it is recommended that the City’s internal process include notification to property owners and/or property managers when social host violations occur to inform them of the issue and to give them opportunity to provide education or take other action as they deem appropriate. Lastly, outreach to several communities who had adopted some sort of social host ordinance was done to determine the perceived effectiveness of social host ordinances as it relates to reducing underage consumption of alcohol and/or marijuana. The results ranged from enthusiastic support to having never written a citation under the ordinance. However, available data suggests that there is a link between adoption of social host ordinances and a reduction in underage consumption especially when a social host ordinance is one of many tools that address the issue through education and enforcement. The City of Tempe, Arizona, implemented “Operation Safe & Sober” that used several strategies directed toward underage drinking. Subsequently, law enforcement calls for service related to underage drinking were reduced an average of 34% depending on the month. Data from the City of Reno, Nevada, shows that after the implementation of the social host ordinance, there was a decline in Minor in Possession citations from 136 in 2013 to 66 in 2015. Agenda Item 22 Item # 22 Page 4 Additional information related to this outreach is attached (Attachment 3). Although the data on effectiveness continues to be mixed, staff believes that implementation of the proposed social host ordinance would still benefit the community through providing a civil response option and by providing a tool that covers non-nuisance underage consumption situations. Additional detail on staff’s research efforts pertaining specifically to Fort Collins and Colorado related to alcohol and marijuana consumption by under-aged youth is included in Attachment 4. CITY FINANCIAL IMPACTS There may be minor financial impacts to the Municipal Court and to the City Attorney’s Office regarding prosecution staffing due to any increases in the number of social host citations being written by police officers. The level of impact will depend upon the level of enforcement activity. BOARD / COMMISSION RECOMMENDATION This item was presented at the Boards and Commissions Super Issue meeting on February 18, 2016. There was a glitch with the survey technology that did not enable staff to save the results of all of the questions asked, but staff was able to note the results for the question to whether the City should move forward with a social host ordinance. 78% of the respondents were in favor of adopting a new social host ordinance. 22% of the respondents were opposed. An excerpt from the meeting summary is attached (Attachment 5). PUBLIC OUTREACH The most directly impacted stakeholders were a vital part of the outreach process undertaken these past ten months. The stakeholder group included staff from the City, staff from CSU, members from Team Fort Collins, and representatives from ASCSU and NoCORHA. Staff considered their comments and concerns when choosing what provisions would be included in the proposed ordinance. We met as needed throughout the process. Dialogue occurred with ASCSU on: September 30, 2015 October 14, 2015 Dialogue occurred with NoCORHA on: September 29, 2015 January 26, 2016 Public meetings were held on: February 8, 2016 - 1 participant February 15, 2016 - 0 participants March 1, 2016 - 0 participants March 9, 2016 - 1 participant Community Questionnaire - 67 respondents Agenda Item 22 Item # 22 Page 5 ATTACHMENTS 1. Additional Details on Public Engagement Efforts (PDF) 2. Survey of Other Jurisdictions-Methods (PDF) 3. Survey of Other Jurisdictions-Effectiveness (PDF) 4. Additional Information on Fort Collins and Coloado Research (PDF) 5. Board/Commission Super Issue Meeting Excerpt, February 18, 2016 (PDF) 6. Work Session Summary, May 12, 2015 (PDF) 7. Powerpoint presentation (PDF) Additional Detail on Public Engagement Efforts Related to Social Host Staff asked community members five questions in our public meetings, as well as on our questionnaire. These included: 1) How important do you believe the issue of underage drinking or consumption of marijuana is in Fort Collins? 2) Do you believe that Fort Collins should have a new law under which an individual could receive a citation for providing a location where underage consumption of alcohol or marijuana is occurring? 3) Do you believe that Fort Collins should keep things as they are or adopt a new social host ordinance)? 4) Demographics: What Category Best Describes You (Community member, parent, etc.)? 5) Demographics: What is Your Age Group? One area of agreement for a majority of the respondents is that underage consumption of alcohol and marijuana is an issue in Fort Collins. According to the community questionnaire, 84% of the respondents thought this issue was “Very Important” or “Important.” The results for the questions on whether there should be a new law where an individual could receive a citation for providing a location where underage consumption was occurring and on the option preferred were interesting. For those staff spoke to in person and who had the opportunity to get specific questions answered, the majority of the respondents agreed that an individual should be held accountable for providing a location where underage consumption was occurring and appreciated that the violation was a civil versus criminal offense. The majority of respondents also agreed that Fort Collins should implement a new social host ordinance. For those who just responded to the community questionnaire, 58% “Disagreed” or “Strongly Disagreed” that an individual should receive a citation for providing a location where underage consumption was occurring. 7% of the respondents were “Unsure.” 58% also felt that the City should continue “As Is” and not adopt a new social host ordinance. On this question, 19% were unsure. Staff did have some reservation in providing this type of questionnaire without having direct dialogue with individuals to ensure respondents had some level of understanding about the issues prior to responding. Although background information was included on the web page to help build understanding in this regard, based on the disparate outcomes between those staff spoke to in person and those who responded online, it is uncertain whether the information was reviewed or understood. A copy of the questionnaire, including results, is included at the end of this attachment. Those expressing concern about implementing a social host ordinance wanted more information about the problem that Fort Collins was trying to solve and believed that an additional ordinance would be duplicative since there are other laws that address house parties and underage drinking and marijuana use, including: Unreasonable Noise, Nuisance Gatherings, Contributing to the Delinquency of a Minor, etc. There was some concern that an added ordinance would increase the chance of multiple violations being received for the same incident, and there was extreme reservation by some if the ordinance were to be tied to the Public Nuisance Ordinance (PNO). Opponents believe that a social host ordinance overreaches its bounds when it goes so far as to hold owners, landlords, and property managers responsible for the unknown actions of others and, therefore, brings into question the need for a social host ordinance, especially one tied to PNO, in relation to community needs and eventual impact. They also believe that this may serve to increase their liability and housing costs. Other opponents feel strongly that this is not something the City should be involved with and is a waste of resources. There was also concern that the data related to social host ordinance effectiveness is limited and mixed. Others, such as Team Fort Collins (TFC), are in full support of this effort and have provided their recommendation and supporting information. This has also been included at the end of this document. TFC has been providing alcohol and drug prevention services to the Fort Collins community since 1989. $WWDFKPHQW TFC is dedicated to promoting healthy lifestyles through the prevention of substance abuse and believes that enacting a social host ordinance will be a step in that direction for Fort Collins. TFC was instrumental in helping the City interface with junior high and high schools, as well as parent groups, within the community to inform them of upcoming public meetings and to encourage them to engage in the process. They have also been distributing materials and providing community education on the need for such an ordinance. A full list of all comments received through Facebook and Nextdoor is also included at the end of this attachment. Social Host Questionnaire (67 Respondents) 1) How important do you believe the issue of underage drinking or consumption of marijuana is in Fort Collins? a. Very Important – 18 84% or Respondents believe this issue is Very b. Important – 38 Important or Important c. Not Important – 11 16% of Respondents believe this issue is Not d. No Opinion – 0 Important 2) I believe that Fort Collins should have a new law under which an individual could receive a citation for providing a location where underage consumption of alcohol or marijuana is occurring? a. Strongly Agree – 15 34% of Respondents Strongly Agree or Agree b. Agree – 8 with this c. Undecided – 5 8% of Respondents are Undecided d. Disagree – 16 58% of Respondents Disagree or Strongly e. Strongly Disagree – 23 Disagree with this 3) Which option to you prefer? a. Keep things as they are – 39 58% of Respondents prefer no new SHO b. Adopt a new Social Host Ordinance – 15 22% of Respondents prefer a new SHO c. Not Sure – 13 20% of Respondents are unsure 4) Which of the following best describes you (choose all that apply)? a. Community member - 46 b. College student under age 21 - 3 c. Middle or high school student - 0 d. College student over age 21 - 6 e. Parent of a minor - 19 f. Rental property owner - 10 g. Rental property manager - 13 h. Health care worker - 2 i. Teacher/school administrator - 4 j. Business owner - 9 k. Other - 4 5) What is your age category? a. 12-17 years old - 0 b. 18-21 years old - 5 c. 22-34 years old - 18 d. 35-44 years old - 18 e. 45-54 years old - 10 f. 55-64 years old - 10 g. 65-74 years old - 5 h. 75 or older - 1 Planning, Development & Transportation Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.224.6046 970.224.6050- fax fcgov.com March 10, 2016 Dear City Council TEAM Wellness & Prevention, formerly Team Fort Collins, has been actively working on a Social Host Ordinance initiative in the City of Fort Collins over the course of the past several years. As a youth substance abuse prevention organization, TEAM advocates for public policies that reduce risk and harm to the youth in our community that are caused by the abuse of substances. Through TEAM’s research we know that 70% of Fort Collins high school students (Team Fort Collins 2013) and 76% of Colorado State University students (AlcoholEDU Student Survey, Fall 2012) report home parties as the location where they most often consume alcohol and other substances. A 2005 study of teenagers between 13 and 18, conducted by the American Medical Association (AMA) showed that: x 2 out of 3 teens said it was easy to get alcohol x 1 in 3 said it was easy to get alcohol from their own consenting parents x 2 out of 5 said it was easy to get alcohol from a friend’s parents x 1 in 4 said they’d attended a party where under 21s were drinking in front of parents Overall, nearly half the teens surveyed reported having somehow obtained alcohol. In 2013 the Fort Collins Police Department received over 3,000 calls to respond to parties. A social host ordinance would provide the police with an additional tool that could significantly reduce at least those calls for service to homes where underage drinking is occurring. Most teens say that teens who drink alcohol, drink in their own homes or at a friend’s home. If adults could be fined for underage drinking parties that they reasonably should have known about, more would refuse to ignore, condone or otherwise allow drinking parties. Such a tool would give police more options when they do respond, avoiding what can and does happen – a call to return to the same location either that night or another night soon again. With fewer calls for service to such parties, police would be more available to respond to other important community safety needs. In addition to a tool for the police, an ordinance would also serve as a tool for parents. What right does any parent have to allow another person’s child to consume alcohol? Well-meaning parents often host drinking parties on behalf of their children, either in the belief they can control the amount of alcohol a teen consumes or because they consider teen drinking inevitable and that their supervision can ensure the safety of the children involved. Truth is, once revelers start drinking and the party begins to grow in size, it can quickly spiral out of control and lead to devastating consequences. Not only is underage drinking illegal, alcohol is often a factor in violence including rape, fights, bullying and other forms of victimization and intimidation. It can be a factor in suicides, vandalism and other property destruction. And it figures in poor academic performance and social problems. Serious alcohol consumption such as the heavy teen drinking not uncommon today can disrupt normal teen brain development, and it can lead to alcoholism, even in teens and young adults. Most tragically, alcohol poisoning can result in death, as it did in the 2004 death of CSU Student Samantha Spady. TEAM Wellness & Prevention PO Box 1808 Fort Collins, CO 80522 970-224-9931 Social host ordinances give communities a practical tool for holding adults accountable. When law enforcement officials arrive on the scene of an underage drinking party, it’s often difficult to determine who provided the alcohol. Therefore, laws that prohibit furnishing alcohol to youth under 21 can be hard to enforce. With social host liability, the focus is on where the drinking takes place, rather than who provided the alcohol. The prospect of being held liable for underage drinking parties can: x Act as an effective deterrent x Provide incentive for hosts to be vigilant x Encourage parents to prevent parties while away x Hold underage youth partially accountable We believe that a social host ordinance is good policy for the community as a whole and more importantly, it is a good prevention strategy for the youth of Fort Collins. We ask that you kindly consider passing a social host ordinance in the City of Fort Collins. Sincerely, Gordon Coombes Executive Director TEAM Wellness & Prevention YOUR ROLE IN MAKING A DIFFERENCE... Social Host Educational Initiative @<06.9 5<@A ...IN PREVENTING UNDERAGE DRINKING. Plenty. Every day, studies reveal alarming evidence and long-term consequences of underage drinking. This is why it’s important to address how and where youth get alcohol and what we, as parents and concerned citizens can do to avert tragedy. This brochure approaches the role of adults in preventing underage drinking —especially parties—and addresses the responsibilities of the host, the homeowner, the landlord or other accountable individuals. HOW THIS BROCHURE IS ORGANIZED Because any meaningful discussion needs context, we’ll begin with a look at how underage drinking impacts youth safety. We’ll explore how young people gain access to alcohol—and why they drink. The issue is so important, nearly half the states in the U.S. have seen fit to enact some form of Social Host law. We’ll look at the intent of such legislation, its benefits and limitations, and how to learn more about what’s happening in your community. Finally, we’ll present some ideas and resources you can use to raise awareness of this critical issue, including a number of free tools available through Mothers Against Drunk Driving. The mission of Mothers Against Drunk Driving is to stop drunk driving, support the victims of this violent crime and prevent underage drinking. Since traffic crashes are the number one killer of teens (15-20 years old) and 31% of teen traffic deaths are alcohol-related, MADD is committed to the third prong of our mission to prevent underage drinking and saving lives. ¾8VQ` dVYY OR XVQ` DUNaÁ` aUR UN_Z V[ N SRd dVYQ \Na`,¿ $60.3 billion – the cost to Americans for underage drinking in 2005 2,035 – number of youth (aged 15-20) killed in alcohol-related traffic crashes in 2005, accounting for 33 percent of all traffic deaths for that age group. SAFETY AND HEALTH CONSEQUENCES What do you suppose is the most common setting for drinking among high school seniors? It’s a private home. All too often, home is also a teen’s source for alcohol. A 2005 study of teenagers between 13 and 18, conducted by the American Medical Association (AMA) showed that: U ÛÑ ÞÓÑ wÑÕÑÓii›ÈÑÈ>‹`ыÓÑå>ÈÑi>ÈçÑÓ Ñ€iÓÑ>’V ˆ ’ U §Ñ‹›ÑÕÑÈ>‹`ыÓÑå>ÈÑi>ÈçÑÓ Ñ€iÓÑ>’V ˆ ’ÑwÅ –Ñӈi‹ÅÑ å›ÑV ›Èi›Ó‹›€Ñ°>Åi›ÓÈ U ÛÑ ÞÓÑ wÑyÑÈ>‹`ыÓÑå>ÈÑi>ÈçÑÓ Ñ€iÓÑ>’V ˆ ’ÑwÅ –Ñ>Ñwŋi›`ÂÈÑ°>Åi›ÓÈ U §Ñ‹›Ñ}ÑÈ>‹`ÑӈiçÂ`Ñ>ÓÓi›`i`Ñ>Ñ°>ÅÓçÑåˆiÅiÑޛ`iÅÑÛ§ÈÑåiÅiÑ`ŋ›‘‹›€Ñ‹›ÑwÅ ›ÓÑ wÑ°>Åi›ÓÈ Overall, nearly half the teens surveyed reported having somehow obtained alcohol. THE FALLACY OF A CONTROLLED RITE OF PASSAGE Well-meaning parents often host drinking parties on behalf of their children, either in the belief they can control the amount of alcohol a teen consumes or because they consider teen drinking inevitable and that their supervision can ensure the safety of the children involved. Truth is, once revelers start drinking and the party begins to grow in size, it can quickly spiral out of control and lead to devastat- ing consequences. ¾5RNYaUf `\PVNY YVSR¿ \_ ¾V[cVaNaV\[ a\ QV`N`aR_,¿ 2x – Rate at which drinking drivers under age 21 are involved in fatal crashes vs the rate of adult drivers SAFETY AND HEALTH CONSEQUENCES BIOLOGICAL CONSEQUENCES: U >’V ˆ ’ ° ‹È ›‹›€È U LÅ>‹› `>–>€i U VˆÅ ›‹V >’V ˆ ’ >``‹VӋ › BEHAVIORAL CONSEQUENCES: U ÓÅ>wxV VÅ>ȈiÈ U °Å °iÅÓç `>–>€i U V ––Þ›‹Óç `‹ÈÓÞÅL>›Vi U ŋȑç ÈiæÞ>’ Liˆ>ä‹ Å >›` ÈiæÞ>’ >ÈÈ>Þ’Ó U x€ˆÓ‹›€ U >VV‹`i›Ó>’ ‹›ÞŋiÈ `Þi Ó w>’’È Å ° Å Þ`€–i›Ó / V‹Ói ÞÈÓ ›i ÓÅ>€‹V iæ>–°’i] > §œ çi>Å ’` LÅ ‘i ˆ‹È ›iV‘ 刋’i åÅiÈӒ‹›€ >Ó > >’‹w ś‹> °>ÅÓç where the homeowner was present—though claiming to be asleep—in 2006. The young man remains paralyzed from the neck down. Hosting at home doesn’t change the facts or lessen the dangers. Underage drinking is a major public health issue and cause for concern. ½ – Amount of alcohol needed to damage the brain in adolescence vs adulthood /<AA<: 996;2' /<AA<: The earlier drinking starts, the more danger it poses. People reporting first use of alcohol before age 15 were more than five times more likely to have past year alcohol dependence or abuse compared with people who first used alcohol at age 21 or older. On the other hand, research shows that a child who gets through age 21 without smoking, abusing alcohol or using illegal drugs is virtually certain never to do so. 6aÁ` aUR YNd S\_ N _RN`\[ 5,000 – 2007 estimate, from the U.S. Surgeon General, of persons under the age of 21 to die from alcohol-related injuries 40% – People will develop alcohol abuse or dependency at some point in their lives after starting to drink before the age of 13 ¾6 XRR] aUR YV^b\_ Y\PXRQ b] 6 PN[Áa URY] Va VS aURf TRa Va `\ZRdUR_R RY`R¿ Where a personal sense of responsibility fails, legal accountability can step in. Through social host liability laws, adults can be held responsible for underage drinking parties, regardless of who furnishes the alcohol. THE “SOCIAL HOST” IN SOCIAL HOST LIABILITY LAWS Specifically, “social host” refers to adults who knowingly or unknowingly host underage drinking parties on property that they own, lease or otherwise control. This includes: U *>Åi›ÓÈÑ>å>çÑwÅ –ш –iÑåˆi›Ñӈi‹ÅÑÓii›Èш ÈÓÑ>Ñ°>ÅÓç U *>Åi›ÓÈÑåˆ Ñ>ÅiÑ°ÅiÈi›ÓÑLÞÓÑ`i›çё› å’i`€iÑ wÑ`ŋ›‘‹›€Ñ ›Ñӈi‹ÅÑ°Å °iÅÓç U "å›iÅÈÑ>›`Ð ÅÑÓi›>›ÓÈÑ wÑÅÞÅ>’Ñ°Å °iÅÓç U "å›iÅÈÑ wÑä>V>›ÓÑ°Å °iÅÓç HOLDING HOSTS RESPONSIBLE 46% - Parents of high school students don’t know what their liability would be if someone else’s child were found drinking in their home 80% - Support for increased penalties for adults who illegally provide alcohol to minors Social host ordinances give communities a practical tool for holding adults accountable. When law enforcement officials arrive on the scene of an underage drinking party, it’s often difficult to determine who provided the alcohol. Therefore, laws that prohibit furnishing alcohol to youth under 21 can be hard to enforce. With social host liability, the focus is on where the drinking takes place, rather than who provided the alcohol. The prospect of being held liable for underage drinking parties can: U VÓÑ>ÈÑ>›ÑiwwiVӋäiÑ`iÓiÅÅi›Ó U *Å ä‹`iы›Vi›Ó‹äiÑw Åш ÈÓÈÑÓ ÑLiÑ䋀‹’>›Ó U ›V ÞÅ>€iÑ°>Åi›ÓÈÑÓ Ñ°Åiäi›ÓÑ°>ÅӋiÈÑ刋’iÑ>å>ç U  ’`Ñޛ`iÅ>€iÑç ÞӈѰ>ÅӋ>’’çÑ>VV ޛÓ>L’i U ,iV äiÅÑV ÈÓÈÑ wђ>åÑi›w ÅVi–i›ÓÂÈћii`ÑÓ ÑÅi°i>Ói`’ç respond to the same party site U "wxV‹>’’çÑiÈÓ>L’‹ÈˆÑӈiÑV‹ÓçÂÈÑëiÅ ŠÓ ’iÅ>›ViÑ° ’‹Vç 1\R` f\b_ N_RN UNcR N `\PVNY U\`a YNd, Uaa]'ddd ZNQQ\_T`\PVNYU\`aV[QReN`]e 6[ \aUR_ d\_Q` VS VaÁ` f\b_ ]_\]R_af VaÁ` f\b_ ]_\OYRZ Social host ordinances give communities a practical tool for holding adults accountable for underage drinking. These laws allow law enforcement to cite the individual who hosted an underage drinking party on their property. ENFORCING LIABILITY AT THE STATE LEVEL Social host liability can be defined as a criminal act, or in terms of civil liability. CRIMINAL ACTS: U ›w ÅVi`ÑӈŠހˆÑVŋ–‹›>’Ñ°Å ÈiVÞӋ › U *ޛ‹Èˆ>L’iÑLçÑx›iÈ]ы–°Å‹È ›–i›ÓÑ ÅÑL ӈ CIVIL LIABILITY: U ›ÞÅi`Ñ°>ÅӋiÈÑÈii‘Ñ– ›iÓ>ÅçÑ`>–>€iÈÑwÅ –ш ÈÓ U -iÓӒi`ÑӈŠހˆÑ’‹Ó‹€>Ӌ ›ÑLŠހˆÓÑ>€>‹›ÈÓш ÈÓÑLçы›ÞÅi`Ñ°>ÅӋiÈ Additionally, more than 150 cities or counties use social liability ordinances to address the specific needs and challenges faced in their communities. ¾DUNa ReNPaYf Q\ f\b ZRN[ Of _R`]\[`VOYR,¿ 24 - Number of states in which social hosting is a crime CIVIL VS CRIMINAL PENALTIES LIABILITY ORDINANCES AT THE CITY OR COUNTY LEVEL In many cities and counties, social host liability ordinances provide a combination of criminal and civil °i›>’Ó‹iÈ]ÑÅ>›€‹›€ÑwÅ –Ñx›iÈ]ѐ>‹’ÑӋ–i]Ñ>`–‹›‹ÈÓÅ>ӋäiÑwiiÈÑ>›`ÑÅiÈ° ›ÈiÑV ÈÓ鵄 UNDER FEE RECOVERY PROVISIONS: U ›Ñޛ`iÅ>€iÑ`ŋ›‘‹›€Ñ°>ÅÓçÑ ›Ñ°Å‹ä>ÓiÑ°Å °iÅÓçыÈÑV ›È‹`iÅi`Ñ>ÑV‹ä‹’Ñ°ÞL’‹VћދÈ>›Vi and threat to public welfare U 7ˆ iäiÅÑV ›ÓÅ ’ÈÑӈiÑ°Å °iÅÓçÑåˆiÅiÑӈiÑ°>ÅÓçÑå>Èшi’`ыÈшi’`ÑV‹ä‹’’çÑÅiÈ° ›È‹L’i for associated costs of: I * ’‹Vi]ÑxÅiÑ ÅÑ ÓˆiÅÑi–iŀi›VçÑÅiÈ° ›ÈiÑÈiÅä‹ViÈÑ`‹È°>ÓVˆi`ÑÓ Ñ°>ÅÓç I * ’‹ViÑ wxViÅÑ>›`ÑV ÞÅÓÑӋ–iћiViÈÈ>ÅçÑÓ ÑÈiÓӒiÑӈiÑV –°’>‹›Ó Q&A Q. My state has an active social host policy. Why does my community need one? A. State statutes sometimes don’t address the particular situation confronting a local community or provide a remedy that is tailored to the community needs. For example, a community could choose to enact an ordinance as a means of recovering local law enforcement expenses for repeatedly responding to calls to the same party site. Q. Is there evidence showing the effectiveness of social host ordinances? A. They’re still fairly new, but the first national study of civil social host law found that social host liability laws reduced binge drinking and drinking and driving among drinkers generally. If we look at the impact of similar laws on servers and sellers in bars and restaurants, the likely effect of social host liability appears strong. For example, states with the strongest server liability laws are more likely than other states to see reductions in drunk driving and mortality rates. Q. How do I find out whether there are active social host ordinances in my community? A. The MADD.org site maintains a searchable list. You can also download a more comprehensive `‹ÈVÞÈȋ ›Ñ wÑÈ V‹>’ш ÈÓÑ Å`‹›>›ViȵÑ ÑÓ Ñ–>``µ ŀÐÈ V‹>’ˆ ÈÓµ Q. It’s already illegal to sell or serve alcohol to minors. Why do we need social host laws? A. In a party setting, it is often difficult or impossible to identify who provided the alcohol, and it makes more sense to assign responsibility to those who knew or should have known a drinking party was occurring on their property. Social host ordinances also have a deterrent effect, encouraging property owners to prevent such parties. ¾6ÁcR T\a N SRd ^bR`aV\[`¿ MADD offers a wealth of online resources, all free and made to be shared. For example: U ÑÈ>–°’iÑÈ V‹>’ш ÈÓÑ Å`‹›>›Vi U *ÅiÈi›Ó>Ӌ ›Ñ–>Óiŋ>’È U *,ё‹ÓÈ U ÞÈÓ –‹ë>L’iÑ>`È U  Åiы`i>ÈÑw ÅрiÓӋ›€Ñ‹›ä ’äi`µ Go to madd.org/socialhost or send email to social.host@madd.org And please, if you’re a parent, talk to your children early and often. At MADD.org you’ll find plenty of encouragement, including surprising insights into why teens drink, and tips for making your conversations both natural and effective. Your voice matters more than you know. ¾6ÁZ _RNQf S\_ NPaV\[ DUNa PN[ 6 Q\,¿ @<06.9 5<@ A 21B0 .A6<;.9 6 ; 6 A 6 .A6 C 2 ©2008 MADD All Rights Reserved. This project was supported by Grant No. 2007-DD-BX-K079 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the U.S. Department of Justice. Fort Collins Social Host Ordinance What is it? t"MPDBMPSEJOBODFUIBUJNQPTFTBODUJPOTPOUIPTFXIPBMMPXVOEFSBHFESJOLJOHQBSUJFT UPPDDVSPOUIFJSQSPQFSUZ t5IFZBSFEJTUJODUGSPNMBXTQSPIJCJUJOHUIFGVSOJTIJOHPGBMDPIPMUPNJOPST t5IFTPDJBMIPTUPSEJOBODFEPFTOPUNBLFJUBHBJOTUUIFMBXUPGVSOJTIBMDPIPMUPJOEJWJEVBMT VOEFSUIFBHFPG5)"54"-3&"%:*--&("- t5IFPSEJOBODFNBLFTJUJMMFHBMUPQSPWJEFBOFOWJSPONFOUXIFSFVOEFSBHFESJOLJOHUBLFTQMBDF  SFHBSEMFTTPGXIPQSPWJEFTUIFBMDPIPM Why do we need it? 6OEFSBHFESJOLJOHBOENBSJKVBOBVTFJTBTFSJPVTQSPCMFNJO'PSU$PMMJOTBOEIPVTFQBSUJFTBSFUIF /PQMBDFVOEFSBHFBOECJOHFESJOLJOHPDDVST #ZBEESFTTJOHUIFTPVSDFPGUIFQSPCMFN BOEOPUPOMZUIFTZNQUPNTUIBUOVJTBODFBOEOPJTF PSEJOBODFTEP 'PSU$PMMJOT4PDJBM)PTU0SEJOBODFDBOCFFGGFDUJWFJOQSPUFDUJOHMPDBMZPVUIGSPN VOEFSBHFBOECJOHFESJOLJOH BOEVOEFSBHFNBSJKVBOBVTF Is it proven to be effective? :FT4PDJBM)PTU0SEJOBODFTXFSFmSTUEFWJTFEBOEJNQMFNFOUFEJODJUJFTBOETUBUFTZFBSTBHP 1SFMJNJOBSZmOEJOHTIBWFCFFOQSPNJTJOH XJUIMBXFOGPSDFNFOUSFQPSUJOH4)0UPCFBOFGGFDUJWFUPPM GPSSFEVDJOHUIFOVNCFSBOETJ[FPGVOEFSBHFESJOLJOHQBSUJFTBOEOPOFJOEJDBUJOHOFHBUJWFJNQBDUT 'PSFYBNQMF 4BO%JFHP $"EFNPOTUSBUFEBOFJHIUQFSDFOUSFEVDUJPOJOEJTUVSCBODFSFMBUFEDBMMT UIFZFBSGPMMPXJOHJUTJNQMFNFOUBUJPOPGB4)01FUBMVNB $"IBEGFXFSDBMMTGPSTFSWJDFSFMBUFE EJTUVSCBODFTJOUIFTFDPOEZFBSBGUFSQBTTBHF *OBEEJUJPO 5IF6OJUFE4UBUFT0GmDFPG+VWFOJMF+VTUJDFBOE%FMJORVFODZ1SFWFOUJPOJEFOUJmFTTPDJBM IPTUMBXTBTBCFTUQSBDUJDF States With Social Host Ordinances Alaska, 4UBUF-BX Alabama, 4UBUF-BX Arizona, 4UBUF-BX California, $JUJFTBOE$PVOUJFT Colorado, 4UFBNCPBU4QSJOHT (VOOJTPO Connecticut, 4UBUF-BX Florida, 4UBUF-BX Hawaii, 4UBUF-BX Illinois, 4UBUF-BX Kansas, 4UBUF-BX Kentucky, $JUJFTBOE$PVOUJFT Maine, 4UBUF-BX Maryland, 4UBUF-BX Massachusetts, 4UBUF-BX Michigan, 4UBUF-BX Missouri, 4UBUF-BX Nevada, 3FOP New Hampshire, 4UBUF-BX Texas, 4UBUF-BX Oklahoma, 4UBUF-BX Ohio, 4UBUF-BX Oregon, 4UBUF-BX Pennsylvania, 4UBUF-BX South Carolina, 4UBUF-BX Seven Key Variables of a Social Host Ordinance 1: Civil and/or Criminal t $SJNJOBM0SEJOBODFTSFRVJSFBSFMBUJWFMZIJHIEFHSFFPGIPTUDVMQBCJMJUZBOEJOWPMWFBOJODSFBTFECVSEFOPGQSPPG BOEUZQJDBMMZJNQPTFNPSFTFWFSFQFOBMUJFT$SJNJOBMKVTUJDFQSPDFEVSFTBSFUZQJDBMMZMFOHUIJFSBOENPSF DPNQMJDBUFEBOEVTVBMMZSFTVMUJOIBSTIFSQFOBMUJFT t $JWJM0SEJOBODFTBSFQSPTFDVUFEUISPVHIBOBENJOJTUSBUJWFBHFODZ XIJDIBSFUZQJDBMMZFBTJFSUPQSPTFDVUF BMUIPVHIQFOBMUJFTBSFMJNJUFEUPmOFTBOEDPTUSFDPWFSZ5IFQSPDFEVSFDBONJNJDUIBUVTFEGPSQBSLJOH WJPMBUJPOTPSPUIFSNJOPSJOGSBDUJPOToBDJUBUJPODBOCFJTTVFEBUUIFTDFOFPGUIFWJPMBUJPOBOEUIFWJPMBUPSIBT UIFCVSEFOPGDIBMMFOHJOHJUTWBMJEJUZ 2: Number of and Action by Underage Guests t 4)0TJOWPMWFQBSUJFTXIFSFCPUIVOEFSBHFQFSTPOTBOEBMDPIPMBSFQSFTFOU t 5IJTWBSJBCMFTQFDJmFTUIFOVNCFSPGVOEFSBHFHVFTUTUIBUNVTUCFBUUIFQBSUZBOEUIFBDUJPOTUIBU UIFZFOHBHFJOUPUSJHHFSBWJPMBUJPO"DUJPOTDBOJODMVEF B QPTTFTTJPO C DPOTVNQUJPO D JOUFOUJPOUPDPOTVNF E QSFTFODF JF OPTQFDJBMFWJEFOUJBSZSFRVJSFNFOU  G 4)0TNBZBMTPSFRVJSFFJUIFSBTBOBMUFSOBUJWFPSJOBEEJUJPOUIBUUIFQBSUZHPFSTFOHBHFEJOVOSVMZCFIBWJPS TVDIBTFYDFTTJWFOPJTF mHIUT WBOEBMJTNBOEMJUUFS 3: Property Type 4)0TXJMMWBSZJOUFSNTPGUIFUZQFPGQSPQFSUZUIBUDBOUSJHHFSBWJPMBUJPO1SJWBUFSFTJEFODFT JODMVEJOH BQBSUNFOUT BSFUZQJDBMMZJODMVEFEBTUIFQSJNBSZMPDBMFPGVOEFSBHFESJOLJOHQBSUJFT5IFPSEJOBODFTNBZBMTP JODMVEFPUIFSUZQFTPGQSPQFSUZ JODMVEJOH B PVUEPPSQSPQFSUZ C PVUCVJMEJOHT FH TUVEJPT HBSBHFT CBSOT  D DPNNVOJUZIBMMTBOEPUIFSNFFUJOHTQBDFT 4: Types of Hosts 5ZQJDBMMZ 4)0TJODMVEFBOZPOFJODPOUSPMPGUIFQSPQFSUZXIFSFUIFQBSUZPDDVSSFEBTQPUFOUJBMWJPMBUPST FH PXOFS SFOUFS BOEMFTTFF BOEUIFQFSTPOXIPPSHBOJ[FE TVQFSWJTFE PSDPOUSPMMFEUIFQBSUZ4PNF PSEJOBODFTIBWFTQFDJBMQSPWJTJPOTBQQMJDBCMFUPMBOEMPSETBOEPQFSBUPSTPGIPUFMTBOENPUFMT4PNFSFRVJSF UIBUUIFIPTUCFBUMFBTUZFBSTPGBHF 5: Knowledge Standard 4)0TFTUBCMJTIWBSZJOHSFRVJSFNFOUTSFMBUFEUPUIFBDUJPOTBOELOPXMFEHFPGUIFIPTU 5IFZJODMVEF GSPNUIFNPTUUPUIFMFBTUTUSJOHFOU  Overt Act: 5IFIPTUNVTUIBWFBDUVBMLOPXMFEHFPGUIFQBSUZBOEDPNNJUBOBDUUIBUDPOUSJCVUFTUPJUT UBLJOHQMBDF Knowledge: 5IFIPTUNVTUIBWFBDUVBMLOPXMFEHFOPBDUJPOJTSFRVJSFE Recklessness:5IFIPTUNBZOPUIBWFBDUFEXJUIBDUVBMLOPXMFEHFCVUNVTUBDUXJUIJOUFOUJPOBMEJTSFHBSE PGGBDUTPSDJSDVNTUBODFTUIBUXPVMEIBWFBMFSUFEIJNIFSUPUIFQBSUZTPDDVSSFODF Negligence:5IFIPTULOFXPSTIPVMEIBWFLOPXOPGUIFFWFOUTPDDVSSFODF Strict Liability:/PSFRVJSFNFOUPGLOPXMFEHFPSDVMQBCJMJUZ5IFGBDUUIBUUIFQBSUZUPPLQMBDFPOUIFIPTUT 1 Comments Received from Nextdoor Public Meetings to Discuss Potential Social Host Ordinance3d ago Amy Resseguie from City of Fort Collins The City of Fort Collins will host three public meetings to discuss options to address underage consumption of alcohol and/or marijuana at parties. • Feb. 8, 6-7:30 p.m., Twinberry Auditorium, Fort Collins Senior Center, 1200 Raintree Dr. • Feb. 15, 6-7:30 p.m., Community Room, Harmony Library, 4616 S. Shields St. • March 1, 6-7:30 p.m., Room #386, Lory Student Center, CSU A growing number of communities are adopting policies, commonly referred to as social host ordinances, that hold a party host responsible when underage drinking occurs at their gathering. Neighborhood Services staff have researched the numerous ways other communities have chosen to address underage drinking and drug use. The public meetings will be an opportunity for staff to share this information and for residents to provide feedback on whether the City should pursue a new social host ordinance. For more information, visit www.fcgov.com/neighborhoodservices/socia.... Shared with City of Fort Collins in General REPLY 14 Meg, Georgie and Van, Karen, and 8 others thanked you Kelly M. from Trail Head3d ago Its already against the law for underage kids to consume alcohol. This is just more socialist douchebaggery in the never ending quest for total people control. We don't need more laws/ordinances. Enforce what's already law and call it a day. Thank Remove Taylor, Debby, Jamie, and 21 others thanked Kelly Ray D. from Bucking Horse3d ago My sentiments exactly. 3 public gatherings, wow. Let's support local law enforcement to help them do their job. Thank Remove Lisa, Jessica, Michelle & John, and 10 others thanked Ray 2 Valerie H. from Avery Park Neighborhood Association3d ago And the Party Registration allows them to hold party after party without any penalty. I'm sick of the party host getting a free pass to wake us up! Thank Remove Michael S. from Fox Stone English Ranch3d ago Just stay out of people's business. Let parents do the parenting. Keep your bureaucratic policies for elected officials. We don't need no Granny state here. Believe me I just came from California. Nextdoor should not be for prying into peoples business or their entertainment options. Thank Remove Betsey, Jessica, Lisa, and 7 others thanked Michael Cosmo A. from Richard's Lake3d ago More waste of my money ! I would rather see party lists so I can be invited! Thank Remove Jessica, Lisa, Michelle & John, and 3 others thanked Cosmo Michelle & John M. from Fossil Lake3d ago This sounds ugly. I'm going to one of the meetings just to say, 'no'. Parents should parent, parties of under age kids should be chaperoned, and I don't want to 'police' my neighbors or their children. Thank Remove Wendy, Jessica, Lisa, and 5 others thanked Michelle & John Heidi N. from Fossil Lake3d ago Parents shouldn't promote underage drinking. Thank Remove Lisa and Lisa thanked Heidi 3 Tom F. from Quail Hollow3d ago Networks like this one merely announce what's going on in the neighborhood. Don't shoot the messenger! The announcement talks about how different communities have CHOSEN to manage. A good approach might be to go to the meeting and vocalize support for the option of 'do nothing - NOTHING is a viable option; parents are already responsible for what goes on in their homes!' If those voices are not there, whose voices will be heard? That's how the city gets a feel for how its citizens would like support from the city government... sometimes, not at all! So, if that's how you feel, let your voices be heard! That's what public gatherings are for! Thank Remove Taylor, Brian, Wendy, and 21 others thanked Tom Meg D. from Old Town West Neighborhood2d ago Thanks for being a voice of reason here, Tom. I appreciate that the City takes time to periodically review the Code and make sure that it still reflects what we, as a community, want it to be saying. Sometimes a review means that we leave things just as they are and we're satisfied that what we have is exactly what we want. And other times we look at the Code, slap our hands to our foreheads, and exclaim, "What the heck were we thinking?!" I think this is a good exercise to be going through to help make sure our community is headed in a direction that we want it to go. And it makes sense to have multiple meetings to make sure there's a variety of options for people to attend based on their schedule. Thanks Amy! Thank Remove Cynthia, Andi, Diana, and 3 others thanked Meg Kate F. from Sheely Addition2d ago We don't hear partying at our house but I completely feel hosts should be responsible. We give a large 4th of July party each year and keep an eye on younger attendees to make sure they don't have access to liquor. Thank Remove Cynthia and Mary thanked Kate 4 Brian P. from Lake Sherwood2d ago To Michael Smith: Nextdoor has nothing to do with this. It's a post from the City of Fort Collins. Do you blame the Coloradoan newspaper when they have an article or notice about something you don't agree with? Nextdoor is just a medium for sharing information. Thank Remove Diana, Scott, Cadie, and 1 other thanked Brian Kevin C. from Capitol Hill2d ago I think the city should keep their nose out of this. Let parents parent. I don't need the city to help me parent. Look at how they run this city. Now that's impressive! Thank Remove Scott and Ken thanked Kevin Janine B. from Timber Creek1d ago I would think that this has more to do with addressing underage consumption amongst college students who don't live with their parents. Thank Remove Shannon & Steve, Mark, Dian, and 1 other thanked Janine Amber E. from Edora Acres5h ago I think it's a great idea. Those meetings are bringing parents together and exposing them to lots of community resources. No one can know everything so it's good to get together sometimes. Inbox / Social Host ordinance Conversation between you and Debora Busse. 5 x Debora B.Hello, Having lived in a community (in California) with a social host ordinance, I wanted to give some feedback, based on personal experience. My work involved travel and I often left my two sons (aged 16 & 19) "unattended". I had never had any issues, until one occasion where my older son was at work and my younger son invited a friend over (which was against my rules...). His friend arrived with a 3rd boy, who was not expected. Apparently the 3rd boy made a few calls to others, and within a short time my home (most were outside in the yard) was mobbed with about 50 kids from all over the county. My son tried to get kids to leave, but when they threatened to break windows and kick in the front door, he backed down. He later told me he was afraid to call the police, for fear of repercussions at school. When my older son arrived home, he had no qualms about calling the police and the place emptied out once the police arrived. I was not cited, because the ordinance wasn't adopted until a few years later, but I found it worrisome that I could be held responsible for teenage drinking at my home without my knowledge, especially since the kids who were drinking were trespassing. I fully understand the need for an ordinance such as this, as I have heard of parties where adults are present and alcohol is being consumed...with the attitude "better they drink here and be safe than drink elsewhere". Since this is no longer an issue for me (my sons are in their 30's now), I will not be attending any hearings. I just wanted to share my experience to make sure the ordinance is reasonably written. x Jim O. from Fox Stone English Ranch 5d ago x While our little ones are far from this age, it's an issue we will obviously need to address and is important for the overall safety of the community. That's the witching hour for us so won't be able to attend. Would certainly be interested in any info that results from the meeting. Thanks. Thank Remove Terry thanked Jim x Jennifer R. from South College Heights 5d ago x As a property manager for several homes that have student tenants, I am also very interested in info from the meeting. Unfortunately, I have other plans already for this evening, and won't be able to make the meeting. A little more notice next time would be helpful. Thank Remove 6 Terry, Roger, and Becky thanked Jennifer x Roger A. from Mulberry Hill 5d ago x I think the meeting needs to be video taped/recorded and then put up on the city's website for viewing later on for those that cannot attend. Then this way, if others have concerns, questions or comments, they can do so, and then a follow up meeting or at least comments left addressing those issue's that were brought forward post meeting. Thank Remove Heidi, Christina, Terry, and 5 others thanked Roger x Becky R. from Westchase 4d ago x I agree that more notice would be helpful. Thank Remove x Rich and karen B. from Waterglen 4d ago x Not only this issue but why are my middle schoolers waiting for the school bus across the street from the high schoolers that are smoking cigs and weed? Where are these parents in guiding their children? Pathetic! Thank Remove 7 x Patrick C. from University Acres 4d ago x final public meeting? I assume with no way to submit comments after this meeting, because thats how cities like to operate? When will the council (or is it an unelected committee) going to vote on the issue? Thank Remove x Amanda M. from Observatory Village 4d ago x I went to this meeting tonight and it was very informative. From what I gathered under current laws there is no way to hold a host responsible for the underage drinking unless there is proof they provided the alcohol. Under the proposed host ordinance the host of the party would be held civilly liable not criminally if there were underage drinkers present. Owners of the property will not be held liable if they are not present this goes for parents too if their child throws a party while they are away. This ordinance will give police another tool to help detour underage drinking in our community. After the 3rd offense of violating the host ordinance the individual that keeps hosting the parties can be charged with a criminal offense that will then go on their record. There is a survey at www.fcgov.com/neighborhoodservices/socia... also you can email questions or comments to decoldiron@fcgov.com. Thank Remove Heidi, Bill, Jolynn, and 7 others thanked Amanda 1 Comments Received from Facebook 2 3 4 5 6 7 Page 1 of 2 Social Host Ordinance Survey - Methods City Population School Student Population Social Host - Local Social Host - State Noise Nuisance Gathering or Party PNO or Nuisance Premises Nuisance Gathering or Party + Social Host Other Comment Albuquerque, NM 556,495 U of New Mexico 27,353 9 Noise Billings, MT 166,855 Montana State U 15,421 9 Boulder, CO 97,385 U of Colorado 29,325 9 Nuisance Party College Station, TX 228,660 Texas A & M 55,809 9 Party Host (parking, litter, noise) Coronado, CA 24,697 North Island Naval Air Base 9 9 9 Disturbance of peace Dekalb, IL 43,862 Northern Illinois U 22,000 9 9 Disorderly House East Lansing, MI 48,579 Michigan State U 50,085 9 9 9 9 Noise; Nuisance Parties Eugene, OR 160,552 U of Oregon 24,181 9 9 9 9 Noise Disturbance; Unruly Gatherings Eureka, CA 26,913 Colllege of the Redwoods 5,784 9 9 9 Nuisance Property Fargo, ND 228,291 North Dakota State U 14,516 9 Noisy Party or Gathering Grand Forks, ND 52,838 U of North Dakota 15,000 9 Noisy Gatherings Greeley, CO 96,539 U of Northern Colorado 15,000 Gunnison, CO 5,873 Western State U 2,539 9 9 Honolulu, HI 390,738 U of Hawaii 19,507 $WWDFKPHQW Page 2 of 2 Social Host Ordinance Survey - Methods City Population School Student Population Social Host - Local Social Host - State Noise Nuisance Gathering or Party PNO or Nuisance Premises Nuisance Gathering or Party + Social Host Other Comment Kenosha, WI 99,899 9 9 9 Noise Madison, WI 243,344 U of Wisconsin 43,193 9 9 9 9 Noise; Chronic Nuisance Premises; Nuisance Party (includes social host) Reno, NV 233,294 U of Nevada Reno 18,227 9 St. Paul, MN 297,640 St. Catherine U; Concordia U 5,100 2,800 9 9 Very general public nuisance ordinance that does not specify nuisance behavior. Santa Barbara, CA 90,412 UC Santa Barbara 23,051 9 9 Steamboat Springs, CO 12,088 Colorado Mountain College 2,500 9 9 Disturbing Quiet Enjoyment of Home Tempe, AZ 161,719 Arizona State U 83,000 9 9 9 Unlawful Gatherings Tucson, AZ 980,263 U of Arizona 42,236 9 9 Unruly Gatherings (includes social host) Page 1 of 5 Social Host - Local Year Enacted Type of Offense Responsible Party Test of Responsibility Defenses Penalty Other Effectiveness Billings, MT 9 2009 Criminal Owner, tenant, anyone in control or organizer of event. Does not have to be present. Knows or reasonably should know Parent or guardian, medicinal purpose, religious observance provided by minister or priest Not more than $500 and/or six months in prison Can include reimbursement to city for response costs No hard data. Anecdotally, not much impact. Lots of MIP tickets Coronado, CA Responsible Host 2003 Criminal Person having immediate control, any adult having immediate control and present Knows or reasonably should know Not more than $1,000 and/or six months in prison No hard data. 2/2 Spoke to to Cpt. Jesus Ocholla. Good to have on the books. Use for chronic cases. Good in that it's easier to use as a civil infraction. Most issues are at HS level so use as educational tool with parents East Lansing, MI Page 2 of 5 Social Host - Local Year Enacted Type of Offense Responsible Party Test of CityEffectiveness Responsibility Defenses Penalty Other Social Host Ordinance Survey- Effectiveness Eureka, CA Responsible Person and Unruly gathering 2014 Civil Person who owns, rents, leases or has control; person responsible for the gathering. Does not have to be present. If it is a juvenile, the parents and/or guardians are liable Knows or reasonably should know Parent or guardian, religious observance, or course and scope of employment First offense is given a warning. 1st violation is $250; 2nd is $500; 3rd is $1,000. (All within 12 mo period.) Upon second violation will include reimbursement to city for response costs Per CA Cyndy Day-Wilson - Was enacted a few years ago at the request of a citizens group. Stipulated that a warning be given first. Have never used the ordinance even to give a warning. Not sure there was a big issue from the outset. Gunnison, CO 9 2010 Criminal Person in possession or control of private property Page 3 of 5 Social Host - Local Year Enacted Type of Offense Responsible Party Test of CityEffectiveness Responsibility Defenses Penalty Other Social Host Ordinance Survey- Effectiveness Kenosha, WI 9 ? Civil Person in control of the property who hosts or allows the event or gathering. Does not have to be present to be responsible. Fails to take reasonable steps to prevent possession or consumption Parent or guardian, religious observance, or course and scope of employment At least $1,000 but less than $5,000 plus court costs. No response to calls or email. Reno, NV Social Host Disruptive Gathering 2007 Criminal Owner, occupant, lessee or holder or possessory interest. 1st - $100; 2nd - $250; 3rd $500 Per Officer Tim Broadway, have seen a decrease in MIP citations since implementation of SHO: 2013>136; 2014 >116; 2015 >66 St. Paul, MN 9 2009 Criminal Person who hosts or allows the event or gathering. Does not have to be present to be responsible. Knows or reasonably should know Parent or guardian, Page 4 of 5 Social Host - Local Year Enacted Type of Offense Responsible Party Test of CityEffectiveness Responsibility Defenses Penalty Other Social Host Ordinance Survey- Effectiveness Santa Barbara, CA 9 2008 Civil Person who owns, rents leases or has control, or organized the party, event or gathering. If it is a juvenile, the parents and/or guardians are liable. Tenant is presumed responsible, not landlord. Does not have to know or intend that alcohol would be possessed or consumed by minors. 1st - $1,000 or participation in alcohol counseling program; 2nd - $2,000 or $1,000 and participation in alcohol rehab; 3rd - $2,000 Sgt. Riley Hartwood called. On the books since 2008 and has never been used so can't comment on effectiveness. Steamboat Springs, CO 9 2009 Criminal Person who owns, rents, leases or controls private property Knowingly allow Parent or guardian or good samaritan 1st - $500; 2nd - $750; 3rd $999. All require minimum of 24 Page 5 of 5 Social Host - Local Year Enacted Type of Offense Responsible Party Test of CityEffectiveness Responsibility Defenses Penalty Other Social Host Ordinance Survey- Effectiveness Tempe, AZ Social Host/ Nuisance Party 2013 Civil Person who permits, allows, or hosts at private property under his or her ownership or control. Includes parents or guardians if it is a juvenile. Can apply to any person in attendance. 1st - $250, 2nd - $1,000; 3rd - $1,500 Will include a police service fee of $250 to $1,500 Received a report of Operation Safe & Sober from ACA Andrew Davidson. SHO was enacted as part of a campaign in 2014 to reduce calls for service especially with regard to nuisance gatherings primarily concentrated in areas around ASU. Nuisance gathering calls reduced 33% from 2013 to 2014. Additional Detail on Research Collected Specific to Fort Collins and Colorado Related to Social Host Efforts Research – Fort Collins: Illegal possession and consumption of alcohol and marijuana by persons under twenty-one (21) years of age is a problem across the nation, as well as in the City of Fort Collins. Staff considered the following data when preparing our options and recommendation: 1) According to the Center for Disease Control, a survey of high school students found that 34.9% drank at least one day during the 30 days prior to the survey given. 41.8% of these youth had been given the drink by someone else; 2) According to the Office of Juvenile Justice and Delinquency Prevention, people aged 12 to 20 years drink 11% of all alcohol consumed in the United States. More than 90% of this alcohol is consumed in the form of binge drinks; 3) According to a Colorado Department of Public Health and Environment Survey, teens across Colorado are no different than those across the United States. 81% of Colorado’s youth state that they have tried alcohol at some point in their life by the 12th grade. Almost 19% had their first drink prior to age 13. 56.5% had used some form of illegal drug by the 12th grade. Almost 7% used an illegal drug prior to age 13. 4) According to the Substance Abuse and Mental Health Services Administration (SAMHSA), based on a National Survey of Drug Use and Health they conducted in 2013-2014, Colorado was identified as one of the states having the highest percentage of youths aged 12 to 17 who had used alcohol and/or marijuana within a month of taking the survey. Maps depicting this information are included at the end of this document. Colorado sits well above the national average when it comes to marijuana usage within this same age group. These numbers have continued to increase attributed, in part, to the legalization of marijuana within the state. A table showing this is also included at the end of this document. Additionally, Fort Collins police have experiential knowledge from what they see on a regular basis as part of their enforcement efforts. Issues that they see repeatedly include: 1) Disruptive behaviors such as noise, roaming through neighborhoods, entering wrong houses, and vandalism; 2) Urinating in public; 3) Medical conditions; and 4) Violent crimes, including rape and altercations. Many of the youth they deal with fall within eighteen (18) to twenty (20) years of age $WWDFKPHQW Figure 9b. Alcohol Use in the Past Month among Youths Aged 12 to 17, by State: Percentages, Annual Averages Based on 2013 and 2014 NSDUHs Source: SAMHSA, Center for Behavioral Health Statisics and Quality, NSDUH, 2013 and 2014 Figure 3b. Marijuana Use in the Past Month among Youths Aged 12 to 17, by State: Percentages, Annual Averages Based on 2013 and 2014 NSDUHs Source: SAMHSA, Center for Behavioral Health Statisics and Quality, NSDUH, 2013 and 2014 Source: SAMHSA, Center for Behavioral Health Statisics and Quality, NSDUH, 2013 and 2014 Excerpt from the Board and Commission Super Issue Meeting Summary February 18, 2016 Social Host - Delynn Coldiron, Neighborhood Services Manager Andy Leslie, Police Services x TEAM Fort Collins approached City with concerns about underage drinking, and an inter-agency committee was formed x Enforcement would not be tied to the City’s Public Nuisance Ordinance x Colorado is a high risk state (12-17 year old; alcohol consumption, binge drinking, marijuana use) x Creating Social Host Ordinance would o Hold party host responsible o Look to provide wider choices of enforcement (softer response; civil vs criminal) o Address gaps that currently exist $WWDFKPHQW $WWDFKPHQW 1 Social Host Ordinance Delynn Coldiron, Neighborhood Services Manager Jeremy Yonce, Fort Collins Police Lieutenant ATTACHMENT 7 Recommendation Staff recommends adopting the proposed Social Host ordinance to: • Help deter underage consumption of alcohol and marijuana • Enhance enforcement options • Facilitate enforcement in non-nuisance settings • Improve health and safety of the Community 2 Photo source: loonylabs.org Proposed Ordinance 3 • Person liable for social host if: • They have legal control of and access to a private place; and • They are present while underage consumption is occurring • Civil Infraction • Penalties are limited • No jail time or criminal record • Not tied to the Public Nuisance Ordinance Proposed Ordinance 4 • Does not apply when there is: • A parent’s consent • A valid medical marijuana registry card • Supervision under an instructor • A religious purpose • A supervised and valid investigation Enhances Tools Available 5 • Existing Tools: • Minor in Possession • Unreasonable Noise • Nuisance Gathering • Public Nuisance Ordinance • Contributing to the Delinquency of a Minor • No Civil Options Public Engagement 6 Initial Discussions • Problem? • Sufficient tools exist • Multiple Violations • Increased risky behavior • Question on effectiveness • Enforcement Student Voice 7 Initial Discussions • Problem? • Public Nuisance Ordinance • Increased liability • Higher chance for PNO action • Increased costs • Unfair to hold them responsible • Question on effectiveness • No issue if not tied to PNO Property Owner/Manager Voice 8 Development of Options •MIP • Nuisance Gathering • Public Nuisance Ordinance • Multiple Violations • Fort Collins 9 10 Alcohol Use in Past Month – Youths Aged 12-17 Source: SAMHSA, Center for Behavioral Health Statistics and Quality 11 Alcohol Use in Past Month – Youths Aged 12-17 Source: SAMHSA, Center for Behavioral Health Statistics and Quality Experience • Disruptive Behaviors •Noise • Roaming crowds • Vandalism • Underage Drinking • Urinating in Public • Medical Conditions • Violent Crimes • Sex Assaults • Fights 12 Photo Source: Collegian.com Final Outcome 13 • No Ordinance • Existing tools • Education and outreach Keep things the same •New Ordinance • Civil Infraction • No tie to PNO Social Host Photo Source: straightuppvc.org Photo Source: thecollaborative.us Public Engagement • Public Meetings – 4 • Boards & Commissions • Newspaper article • Social Media • Facebook • Nextdoor • Poster run • Webpage • Questionnaire 14 Research 15 States: • 42 – some type of social host statute • Violations: Civil, Criminal or Both • States: • 42 have social host statute • Violations – civil, criminal or both • Cities: • More than 150 have social host ordinance • Variety of options Colorado Research 16 Recommendation Staff recommends adopting the proposed Social Host ordinance to: • Help deter underage consumption of alcohol and marijuana • Enhance enforcement options • Facilitate enforcement in non-nuisance settings • Improve health and safety of the Community 17 Photo Source: loonylabs.org Questions? 18 -1- ORDINANCE NO. 047, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS TO PROHIBIT A SOCIAL HOST FROM ALLOWING THE POSSESSION OR CONSUMPTION OF ETHYL ALCOHOL OR MARIJUANA BY PERSONS UNDER TWENTY-ONE YEARS OF AGE WHEREAS, persons under the age of twenty-one at times obtain, possess or consume alcoholic beverages and marijuana at private residences or other property under the control of a person who knows or should know of such conduct; and WHEREAS, underage consumption of both alcoholic beverages and marijuana poses an immediate threat to the public health, safety and welfare in that it leads to increased unlawful behavior, physical altercations and an overall increase in rate of crime, which often requires intervention by local law enforcement; and WHEREAS, the City Code currently addresses, through the City’s unreasonable noise and nuisance gathering provisions, large social gatherings that become noisy or unruly where underage consumption of both alcohol and marijuana occurs, however, the Code does not have a specific provision to address a person who acts as a social host at a private residence or other property where underage possession or consumption of both alcohol and marijuana occurs; and WHEREAS, the imposition of strict liability on a person who is aware of, or should be aware of the prohibition of, and need to prevent, the underage possession or consumption of alcohol and marijuana is necessary to deter and prevent such occurrences; and WHEREAS, the prohibitions found in this Section are reasonable and expected to prevent underage persons from obtaining, possessing and consuming alcohol and marijuana; and WHEREAS, for these reasons, the City Council believes that these amendments to the City Code are in the best interests of the citizens of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 17-161 of the Code of the City of Fort Collins is hereby amended by the addition of new definitions of the terms “Ethyl alcohol”, “Marijuana” and “Private place,” which read in their entirety as follows: Ethyl alcohol shall mean any substance which is or contains ethyl alcohol and includes fermented malt beverage, malt liquor, vinous liquor and spirituous liquor as defined in the Colorado Beer Code and the Colorado Liquor Code. -2- Marijuana shall have the same definition as in Section 17-190 of this Code. Private place shall have the same definition as in Section 17-130 of this Code. Section 3. That Article IX of Chapter 17 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 17-168 which reads in its entirety as follows: Sec. 17- 168. Social host for ethyl alcohol or marijuana possession or consumption by persons under twenty-one years of age. (a) A person shall be liable as a social host if: (1) such person had control of the access to or use of a private place; and (2) such person was present at such private place while the possession or consumption of either ethyl alcohol or marijuana by an individual under twenty- one (21) years of age occurred. (b) A violation of subsection (a) of this Section is a strict liability offense. (c) The prohibition set forth in subsection (a), of this Section does not apply to situations in which: (1) A person under twenty-one (21) years of age was legally at a private place with the knowledge and consent of a person who had control of the access to or use of such private place and possessed or consumed ethyl alcohol with the consent of the individual’s parent or legal guardian who was present during such possession or consumption; (2) A person under twenty-one (21) years of age possessed or consumed medical marijuana pursuant to Article XVIII, Section 14 of the Colorado Constitution, and possessed a valid registry identification card; (3) A person who consumed ethyl alcohol was a student who tasted but did not imbibe an alcohol beverage only while under the direct supervision of an instructor. Such instructor must have been at least twenty-one (21) years of age and employed by a post-secondary school. Such student shall have been enrolled in a university or a post-secondary school accredited or certified by an agency recognized by the United States department of education, or a nationally recognized accrediting agency or association, or the "Private Occupational Education Act of 1981", article 59 of title 12, C.R.S. Such student must have participated in a culinary arts, food service, or restaurant management degree program, and must have tasted but not imbibed the alcohol beverage for instructional purposes as a part of a required course in which the alcohol beverage, except the portion the student tasted, remained under the control of the instructor; -3- (4) The possession or consumption took place for religious purposes protected by the First Amendment of the United States Constitution; or (5) The possession or consumption took place during the course of a supervised and bona fide investigation conducted by a law enforcement agency. (d) Any person found liable for violating this Section commits a civil infraction and is subject to penalty provisions of Subsection 1-15(f) of the Code. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 048, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF FORT COLLINS TO MODIFY THE RULES FOR CIVIL INFRACTIONS RELATED TO IMMEDIATE SERVICE OF A SOCIAL HOST CIVIL CITATION WHEREAS, City Council is concurrently considering Ordinance No. 047, 2016, that would impose a strict liability standard on a person who is responsible for allowing the underage possession or consumption of alcohol or marijuana to occur; and WHEREAS, if such ordinance is adopted, any person found liable for violating it would commit a civil infraction violation; and WHEREAS, the current process for civil infraction violations is to give a notice of violation to the responsible party prior to a citation being issued unless there is an exception to allow for immediate service of a citation; and WHEREAS, City staff recommends immediate service of a civil citation in the event of a social host violation; and WHEREAS, for these reasons, the City Council believes that these amendments to the City Code are in the best interests of the citizens of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 19-65(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-65. - Commencement of action; citation procedure. (a) Officers shall have the authority to initiate enforcement proceedings as provided below. (1) An officer who has reasonable grounds to believe that a responsible party has committed a civil infraction under this Code is authorized to serve a notice of violation to the responsible party. Except as otherwise provided in this Code, the officer shall set a reasonable time period within which the responsible party must correct the violation. This determination shall be based on considerations of fairness, practicality, ease of correction, the nature, extent and probability of danger or damage to the public or property, and any other relevant factor relating to the reasonableness of the time period prescribed. An officer may immediately -2- serve a civil citation to a responsible party, without prior notice, for a civil infraction in the following casesviolation ofcircumstances: a. the violation of City Code Sections 4-7-, 4-74, 4-95, 4-96, 4-97, 4- 119, 4-157, or 4-177Chapter 4, Article II of this Code, ; b. the violation of City Code Section 17-168, c. if there is reason to believe that the violation presents a threat to the public health, safety or welfare or the damage done by the violation is irreparable or irreversible,; or d. if the violation is a second or subsequent violation by the responsible party that occurred within the twelve (12) months immediately following a previous violation,; or e. the violation of Land Use Code Section 3.8.16 pertaining to occupancy limits. . . . Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk hours of public service and completion of an alcohol class. Can also receive jail sentence < 180 days. Per Chief Cory Christensen, cannot make absolute correlation between social host ordinance enforcement and reduction in MIP citation but here are the numbers: 2013 Citations: SHO = 5; MIP = 77 2014 Citations: SHO = 3; MIP = 71 2015 Citations: SHO = 2; MIP = 58 religious observance, course and scope of employment, law enforcement activities, 3.2 malt liquor, landlord who did not host or participate in event. $1,000 plus court costs of $412 and/or 90 days in jail Diversion for 1st offenders. $150 fine. Required to attend meeting with neighbors and perform 16 hours of community service. Per ACA Ivars Krievans the prosecutor. Procedures are what make it effective. Zero adult providers is the goal. College age offenders are the target population. Schools take lead in giving the word to students. Engage students in resolving the issue. Started in 2010. Not trying to stop underage consumption of alcohol - irresponsible underage consumption of alcohol. No hard data. Must make reasonable effort to comtrol by: limiting amount of alcohol available,limiting size of gathering, restricting access to those under 21, checking valid state IDs. Parent or guardian, legal confectionary, or religious purpose. Not more than $1,000 and/or 90 days in jail. Per Municipal Court Clerk: only 21 citations to date. Alcohol citations have decreased from about 50 per year to 30 per year. Cannot attest to direct correlation. Usually associated with disturbing the peace. Officer has discretion as to which to charge. Alcoholic Beverages and controlled substances at social gatherings. 1994 Criminal Owner, tenant, anyone in control of property. Has control, knows and fails to take corrective action. Lawful prescription or religious purpose 1st -Not more than $500 and/or 30 days in prison. 2nd - not more than $500 and/or 90 days in prison. Criminal penalty can be imposed in addition Cpt. Diane Shafer. Used primarily to encourage party registration. No hard data. Anecdotally, no impact on underage drinking. Eugene, OR 9 2002 Civil Anyone who exercises control over the private real property and who is present. Does not apply to owners or agents of rental property. May knowingly allow. Parent or guardian in home or other private place. $1,000 and community service Three calls and one email to the City prosecutor with no response. City Social Host Ordinance Survey- Effectiveness $WWDFKPHQW QSPQFSUZJTTVGmDJFOU 6: Preventive Action Negates Violation 4PNF4)0TFYFNQUIPTUTXIPUBLFQSFWFOUJWFBDUJPOPODFUIFZCFDPNFBXBSFPGUIFQBSUZ FH DBMMMBX FOGPSDFNFOUPSBDUJOHPPEGBJUIUPFOEUIFQBSUZ5IFQSFWFOUJWFBDUJPODBOCFQBSUPGUIFEFmOJUJPOPGUIF WJPMBUJPO JF UIFQSPTFDVUPSNVTUTIPXUIBUUIFIPTUEJEOPUUBLFQSFWFOUJWFBDUJPO PSCFBOBGmSNBUJWF EFGFOTF JF UIFIPTUNVTUTIPXIFTIFUPPLUIFQSFWFOUJWFBDUJPOUPBWPJEMJBCJMJUZ 1SFWFOUJWFBDUJPO SFRVJSFNFOUTNBLFJUNPSFEJGmDVMUUPQSPTFDVUF4)0WJPMBUJPOTUIFSFCZSFEVDJOHUIFDFSUBJOUZBOE TXJGUOFTTPGUIFQFOBMUZ 7: Penalties 1FOBMUJFTDBOJODMVEFJNQSJTPONFOU mOFT BOEDPTUSFDPWFSZ$PTUSFDPWFSZSFRVJSFTUIFIPTUUPQBZUIF DPTUTPGMBXFOGPSDFNFOU mSF NFEJDBMBOEPUIFSFNFSHFODZSFTQPOTFQSPWJEFSTBTBSFTVMUPGUIFQBSUZ$JWJM PSEJOBODFTDBOOPUJODMVEFJNQSJTPONFOU*OHFOFSBM TVCTFRVFOUPGGFOTFTXJUIJOBTFUQFSJPEPGUJNFTIPVME CFTVCKFDUUPNPSFTFWFSFQFOBMUJFT1FOBMUJFTWBSZCZUIFTFWFSJUZUIFPGGFOTF GPSFYBNQMF QBSUJFTUIBUSFTVMU JOCPEJMZIBSNNBZJOWPMWFTUSJDUFSQFOBMUJFT PSUZQFPGIPTU MBOEMPSETNBZIBWFMJHIUFSmOFTBOEPOMZSFDFJWF OPUJDFBOEXBSOJOHGPSmSTUPGGFOTF  Team Fort Collins Recommendations for a Social Host Ordinance in Fort Collins 1:Civil Ordinance 2:Possession, Consumption or Unruly Behavior of t "MDPIPMBOEPSNBSJKVBOB t 5XPQFSTPOTPSNPSF t 0OFNJOPS VOEFS 3: All Property Types t 1SJWBUFSFTJEFODFTJODMVEJOHBQBSUNFOUT t 0VUEPPSQSPQFSUZ t 0VUCVJMEJOHT FH TUVEJPT HBSBHFT CBSOT t $PNNVOJUZIBMMTBOEPUIFSNFFUJOHTQBDFT 4: Occupant t 0DDVQBOUJTQSJNBSZ t 0XOFSOPUJmFEPGWJPMBUJPOBOESFTQPOTJCMFJGOPUDVSFECZUIFPDDVQBOU 5: Strict Liability 6: Preventative Action t 3FQPSUJOHBCTPMWFTUIFPDDVQBOUBOEPSPXOFSPGDJWJMSFTQPOTJCJMJUZ 7: Fine Structure t 6UJMJ[FFYJTUJOHDJWJMmOFTUSVDUVSFGPS0DDVQBODZBOE1SPQFSUZ.BJOUFOBODF7JPMBUJPOT  TUJOGSBDUJPOXJUIJONPOUIQFSJPE  OEJOGSBDUJPOXJUIJONPOUIQFSJPE Washington, ,JOH$PVOUZ Wisconsin, 4UBUF-BX Wyoming, 4UBUF-BX How You Can Support the Ordinance 1.$POUBDUZPVSDJUZDPVODJMNFNCFSUPMFU UIFNLOPXIPXZPVGFFMPSIBWFCFFO BGGFDUFECZVOEFSBHFESJOLJOHBOEIPVTF QBSUJFT BOEUIFTPMVUJPOPGB4PDJBM)PTU 0SEJOBODF 2.%JTDVTTVOEFSBHFESJOLJOH NBSJKVBOBVTF  BOEIPVTFQBSUJFTXJUIZPVSGSJFOETBOE OFJHICPST 3.$POUBDU5FBN'PSU$PMMJOTUPHFUNPSF JOGPSNBUJPOBOEHFUJOWPMWFE 4.8SJUFMFUUFSTUPUIF$PMPSBEPBOBOEUBML BCPVUUIJTJTTVFPOTPDJBMNFEJBBOECMPHT About Team Fort Collins 0VSNJTTJPOJTUPQSPNPUFIFBMUIZMJGFTUZMFTUISPVHIUIF QSFWFOUJPOPGTVCTUBODFBCVTF 0VSGPDVTJTPOi&OWJSPONFOUBM4USBUFHJFTPG1SFWFOUJPOw 5IFTFBSFTUSBUFHJFTUIBUBEESFTTQPMJDJFT OPSNT  FYQFDUBUJPOT SFHVMBUJPOTBOEFOGPSDFNFOUXJUIJOBTIBSFE FOWJSPONFOUXJUIPUIFSTJOBDPNNVOJUZ4VDITUSBUFHJFT  MJLF4PDJBM)PTU0SEJOBODFT IBWFHSFBUFSSFBDI BSF MPOHFSJOEVSBUJPOBOETIPXNPSFSBQJESFTVMUTUIBO EJSFDUTUSBUFHJFTUIBUEPOPUJODMVEFUIFMBSHFSDPNNVOJUZ Team Fort Collins 4$PMMFHF"WF 'PSU$PMMJOT $0 1IPOF 5PMFBSONPSFWJTJUfort-collins-sho.squarespace.com