HomeMy WebLinkAbout019 - 03/01/2005 - AMENDING CHAPTER 20 OF THE CITY CODE TO ADD A NEW ARTICLE RELATING TO NUISANCE GATHERINGS ORDINANCE NO. 019, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF FORT COLLINS
TO ADD A NEW ARTICLE RELATING TO NUISANCE GATHERINGS
WHEREAS, the City has experienced over the years periodic social gatherings on private
property in the City that have resulted in riotous behavior on the part of those attending these
gatherings; and
WHEREAS, the City Council wishes to address those social gatherings which result in
nuisance behaviors occurring on neighboring public and private properties and to enable police to
better cope with such gatherings; and.
WHEREAS,the control of large parties,gathering or events on private property is necessary
when such activity is a threat to the peace, health, safety or general welfare of the public and
neighboring property owners; and
WHEREAS,police are often called to make return trips to the location of a social gathering
in response to complaints of unreasonable noise or other disruptive or dangerous behavior, in order
to disperse uncooperative or disorderly participants or to enforce criminal laws, and the return of
officers to such a location drains city resources, leaving other areas of the city with minimal levels
of police and other City services,all of which poses a significant hazard to the safety of officers and
to the public in general; and
WHEREAS, the City's cost in responding to such gatherings and in cleaning up the debris
left by such gatherings is appropriately borne by the persons hosting, participating or otherwise
knowingly allowing the same; and
WHEREAS, the City Council believes that this proposed ordinance will provide City law
enforcement personnel with another tool to more effectively and proactively address the nuisance
behaviors resulting from such gatherings and to enforce compliance against those hosting,
participating or otherwise knowingly allowing such gatherings.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That a new Article III, titled"Nuisance Gatherings" is hereby added
to Chapter 20 and the remaining Articles renumbered accordingly.
Section 2. That a new Section 20-30 is hereby added to the Code of the City of Fort
Collins to read in its entirety as follows:
Sec. 20-30. Definitions.
Social gathering shall mean a party, gathering or event of five (5) or more
persons who have assembled or are assembling for a social activity or for a special
occasion.
Cost ofabatement shall mean the costs incurred by the city or the Poudre Fire
Authority to respond to and/or abate the public nuisance defined in § 20-30. Such
costs of abatement may include,without limitation,the cost of paying police officers
or any other city or Poudre Fire Authority employees; any equipment expense
incurred by the city or the Poudre Fire Authority;any appropriate overhead;the cost
of any medical treatment to injured police officers or other personnel dispatched to
the scene of the nuisance;any loss or damage incurred by any city department or the
Poudre Fire Authority,and the cost of repairing any damaged equipment or property.
If the responsible person cleans up any trash and litter from the social gathering on
public or private property within twelve (12) hours of contact by police, the cost of
abatement will not include any city clean up costs.
Offendingproperry owner shall mean the record owner of the property where
the social gathering or party which has been determined to be a public nuisance
under § 20-31 took place.
Responsible person shall mean any person convicted of a violation of§ 20-
32(a). If such a person is under the age of eighteen(18)years,the term"responsible
person" includes, in addition, the person's parent(s) or guardian(s).
Section 3. That a new Section 20-31 is hereby added to the Code of the City of Fort
Collins to read in its entirety as follows:
Sec. 20-31. Nuisance gatherings.
A social gathering or party which is conducted on residential premises within
the city and which, by reason of the conduct of those persons in attendance, results
in the occurrence of any one or more of the following conditions or events on
neighboring public or private property: rioting,the unlawful carrying or possessing
an open container of alcohol or fermented malt beverage in public;public urination
or defecation; the unlawful sale, furnishing, possession or consumption of alcohol
or fermented malt beverages; the deposit of trash or litter; the destruction of
property;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;excessive,unnecessary,or unreasonable noise which disturbs the comfort,
quiet, or repose of the neighborhood, including public disturbances,brawls, fights,
or quarrels; or 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
indecent exposure by persons attending the social gathering or party, is hereby
declared to be an unlawful public nuisance.
Section 4. That a new Section 20-32 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows:
Sec. 20-32. Prohibited; penalty.
(a) Any person being the owner, occupant, tenant, or otherwise having any
possessory control, individually or jointly with others, of any premises who either
sponsors, conducts or hosts a social gathering or party and knowingly permits such
social gathering or party to become a public nuisance as defined by § 20-31 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
§20-33. In any prosecution for a violation of this section, proof that the owner or
tenant of the premises upon which the nuisance party occurred was present at the
time of the violation shall constitute prima facie evidence that such person was in
control of the premises, and sponsored, conducted or hosted the social gathering or
party and knowingly permitted the violation to occur.
(b) All participants in any party or social gathering declared to be a public
nuisance by a police officer shall cease participating and immediately disperse upon
order of a police officer, and all persons not domiciled at the site of such social
gathering or party shall leave the property immediately. Any person failing or
refusing to obey and abide by such order commits a misdemeanor criminal offense,
and any person convicted of a violation of this section shall be subject to the
penalties provided by § 1-15 of this Code.
(c) Proof that a person convicted of a violation of this Section had attempted
to disperse the participants at the social gathering or party, together with written
verification that such person had initiated contact with Fort Collins Police Services
or Colorado State University Police Department for assistance,shall be a mitigating
factor in determining an appropriate penalty and apportionment of the cost of
abatement.
Section 5. That a new Section 20-33 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows:
Sec. 20-33. Payment of costs of abatement; assessment; appeal.
(a) The cost of abating a public nuisance defined by§ 20-30 shall be assessed
against the responsible person(s) according to such apportionment as the Municipal
Judge may deem appropriate. Any unpaid costs assessed against an offending
property owner shall be a lien upon the property until such assessment is paid.
(b) The City Manager or his designee shall cause the Financial Officer to bill
the responsible persons for the cost of abatement,which bill shall include the name
and address of the responsible persons, the date and time of the incident and the
expenses incurred by specific city departments in responding to or abating the public
nuisance.
(c) Any responsible person who wishes to dispute the determination that he
or she is liable for the cost of abatement may do so by submitting a request to the
City Manager for an administrative review hearing in writing no more than ten(10)
days after the assessment of the cost of abatement. The city and the responsible
person disputing the fee shall be given notice of the hearing and an opportunity to
be heard.
(d) If any such assessment against an offending property owner is not paid
within thirty(30) days after billed by the Financial Officer to the owner by deposit
in the United States mail addressed to the owner of record at the address as shown
on the tax rolls or such other, more recent address as may be available to the city,
and any agents, representatives or other responsible persons as may be known, or
after administrative review, the Financial Officer is authorized to certify to the
county Treasurer the delinquent assessment, giving the name of the owner as it
appears of record, the number of the lot and block and the amount of the assessment
plus a ten-percent penalty. The certification is to be the same in substance and in
form as required for the certification of other taxes. The county Treasurer, upon
receipt of such certification,is authorized to place it upon the tax list for the current
year and to collect the assessment in the same manner as general property taxes are
collected,together with any charges as may by law be made by the county Treasurer
and all laws of the state for the assessment and collection of general taxes,including
the laws for the sale of property for taxes, and the redemption thereof shall apply to
and have full force and effect for the collection of all such assessments.
Notwithstanding the foregoing, if the offending property is not subject to taxation,
the Financial Officer may elect alternative means to collect the amounts due pursuant
to this Article, including the commencement of an action at law or in equity and,
after judgment, pursue such remedies as are provided by law.
Section 5. That a new Section 20-34 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows:
See. 20-34. Other remedies.
Nothing in this Article shall be construed as affecting the ability of the city to
initiate or continue concurrent or subsequent criminal prosecution or civil proceeding
for any violation of the provisions of the city code or state law arising out of the
circumstances necessitating the application of this article.
Introduced and considered favorably on first reading and ordered published in summary form
this 15th day of February,A.D. 2005,and to be presented for final passage on the 1st day of March,
A.D. 2005.
ayor
A F.ST:
14A .
City Clerk
Passed and adopted on final reading this 1st day of March, A.D. 2005.
i�
Mayor
ATTEST:
City Clerk