HomeMy WebLinkAbout033 - 04/05/2016 - AMENDING CHAPTER 17 OF CITY CODE TO UPDATE THE NUISANCE GATHERING PROVISIONORDINANCE NO. 033, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF
FORT COLLINS TO UPDATE THE NUISANCE GATHERING PROVISION
WHEREAS, on March 1, 2005, City Council adopted Ordinance No. 019, 2005, which
created a new misdemeanor criminal offense nuisance gathering provision directed at social
gatherings or parties that occurred on residential premises and resulted in unlawful behaviors
occurring on neighboring properties; and
WHEREAS, over the years, law enforcement has been unable to cite the nuisance
gathering provision in nonresidential neighborhoods, and in situations in which disruptive
unlawful behaviors occurred only on the property where the party or social gathering took place;
and
WHEREAS, with these limitations, a private party or social gathering occurring on a
commercial property, public property, in a neighborhood clubhouse, or in another nonresidential
location would not be subject to the nuisance gathering provision, even if the gathering resulted
in illegal and disruptive behaviors on neighboring public or private property; and
WHEREAS, additionally, with these limitations, unlawful behaviors such as fighting,
underage consumption of alcohol and destruction of property occurring only on the property
where the party is occurring, even if proving to be disruptive to the peace and enjoyment of
neighboring properties, would not violate the nuisance gathering provision; and
WHEREAS, City staff recommends making minor modifications to the nuisance
gathering provision to include social gatherings or parties that take place at non-residential
properties as well as residential premises; and
WHEREAS, staff also recommends expanding the nuisance gathering provision to
include unlawful behaviors that occur on the property where the social gathering or party is
occurring so that it is not limited to unlawful behaviors occurring on neighboring properties; and
WHEREAS, staff recommends updating the unlawful behaviors to include marijuana
offenses; 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.
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Section 2. That Section 17-130 of the Code of the City of Fort Collins is hereby
amended by the addition of a new definition "Private place" which reads in its entirety as
follows:
Private place shall mean a property, building or structure, owned, occupied or in use for
private purposes, including, but not limited to, a home, apartment, condominium;place of
business or employment, outdoor patio or yard, including any common areas or other
dwelling units, or a hall or meeting space or privately reserved area within a public
facility or property, whether occupied on a temporary or permanent basis, and whether
occupied as a dwelling, or for a social function or other use, and whether owned, leased,
rented or used with or without compensation. Private place does not include a liquor-
licensed establishment when in operation pursuant to said liquor license.
Section 3. That Section 17-131 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-131. - Nuisance gatherings.
A social gathering or party which is conducted at a private place within the City and
which,.by reason of the conduct of those persons in attendance would:
1) In the judgment of a reasonable person, interfere with the enjoyment of life or
property or disturb the peace of, a resident in the vicinity of the private place or a person
passing by on the public streets, sidewalks and rights-of-way in the vicinity of the private
place, and;
2) results in the occurrence of any one (1) or more of the following conditions or
events at such private place where the gathering occurs or on any neighboring public or
private property:
a) rioting;
b) the unlawful carrying or possessing of an open container of alcohol or
fermented malt beverage in public;
c) the unlawful sale, furnishing, possession or consumption of alcohol or
fermented malt beverages;
d) the unlawful consumption or possession of marijuana;
e) the unlawful transfer or display of marijuana;
1) public urination or defecation;
g) the unlawful deposit of trash or litter;
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h) the unlawful destruction of property;
i) the generation of pedestrian or vehicular traffic, standing or parking which
obstructs the flow of traffic or interferes with the ability to render emergency
services;
j) excessive, unnecessary or unreasonable noise which disturbs the comfort,
quiet or repose of the neighborhood, including public disturbances, brawls, fights
or quarrels; or
k) conduct or condition which injures or endangers the safety or health of the
neighborhood, or results in any indecent or obscene conduct, or results in any
public nudity by persons attending the social gathering or party.
Section 4. That Section 17-132 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-132. - Prohibited; penalty.
a) Any person being the owner, occupant, tenant or otherwise having any possessory
control, individually or jointly with others, of any private place who either sponsors,
conducts or hosts a social gathering or party and knowingly permits such social gathering
or party to become a nuisance gathering as defined by § 17-131 is hereby deemed to have
committed a misdemeanor and, upon conviction, shall be subject to the penalties as
provided by § 1-15 of this Code, and may further be ordered, as a condition of any
sentence, to pay the costs of abatement pursuant to § 17-133. In any prosecution for a
violation of this Section, proof that the owner or tenant of the private place upon which
the nuisance gathering occurred was present at the time of the violation shall constitute
prima facie evidence that such person was in control of the private place and sponsored,
conducted or hosted the social gathering or party and knowingly,permitted the violation
to occur.
Introduced, considered favorably on first reading,and ordered published this 15th day of
March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016.
ay
ATTEST: of FO. ..........T
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City Clerk
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Passed and adopted on final reading on the 5th day of April, A.D. 2016.
Mayor
ATTEST:
City Clerk
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