HomeMy WebLinkAboutA001 - Council Action Form dated July 26, 2022 ITEM # 26
DATE: 07-12-22
COUNCIL ACTION FORM
SUBJECT: ENHANCED PENALTIES FOR NUISANCE PARTY VIOLATIONS ON
DATES DESIGNATED BY CITY COUNCIL
BACKGROUND:
For several years, the Police Department has observed an increase in alcohol
consumption. illegal parking, nuisance parties, and other high-risk activities on the
Saturday before Iowa State University classes begin. This phenomenon began many
years ago when alcohol was prohibited in fraternities and sororities during the week
leading up to the start of classes. The prohibition ended at 8:00 A.M. on the Saturday
before classes began. At 8:01 A.M. (801 day), some students chose to begin drinking.
In the late 2010s, these behaviors on the Saturday before classes began to grow
beyond a small segment of the ISU population. The date has increasingly become a
destination for people from outside Ames and is no longer limited to ISU students.
Complaints from residents in the area have also grown.
In 2021 , City leadership, ISU leadership, and both the Ames and ISU Police
Departments began to discuss ways to refocus the event in a way to reduce harm,
reduce noise complaints, reduce parking complaints, etc. The unofficial event of 801-
day is being transitioned to an official ISU event. Cyclone Welcome Weekend. The
University has created several activities to take the focus off alcohol use and overuse
and steer activities towards community events and safer alternatives.
An additional strategy resulting from these discussions is a focus on nuisance
party enforcement. The Police Department has seen an increase in party sizes on this
day, estimating some parties of 400-500 people at private residences. Many of these
parties include underage drinking, fights, noise above what is allowed by the noise
ordinance, public intoxication. spilling onto neighboring property, public urination, and
other inappropriate activities. These behaviors are grounds for citation under the City's
nuisance party ordinance. which may be cited as either a municipal infraction or a
simple misdemeanor. Currently, the fine for a 15i violation of the ordinance is $100 and
S200 for 2" and subsequent violations.
It is believed this fine structure is an insufficient deterrent to nuisance parties on the
Saturday before classes. Therefore, the City Council has requested that staff prepare
an ordinance that would allow the penalties for violation of the nuisance party ordinance
to be increased on certain days designated in advance by the City Council. The
proposed citation amounts would be increased on designated days to a municipal
infraction of S750 for a 1 S' offense. and $1 ,000 for a 211d or subsequent offense. If the
1
infraction was cited as a simple misdemeanor, the fines would be commensurate to the
municipal infraction once the required criminal surcharges are added. The City
Attorney's Office has drafted an ordinance to accomplish the Councils direction, which
is attached.
ALTERNATIVES:
1 . Approve first reading of an ordinance increasing fines for 1' offense violation of
the Nuisance Party code to $750 and $1 .000 for a 21111 or subsequent offense on
designated dates/times as passed by resolution by City Council,
The City Council should note that Cyclone Welcome Weekend is August
19-21, 2022. Therefore, staff recommends that the City Council suspend the
rules and approve the ordinance on second and third readings at this time.
This will allow City staff to prepare an item for the meeting on July 26 to
approve the implementation of the higher fines for Cyclone Welcome
Weekend, and provide sufficient time to advertise and educate residents
about the changes.
2. Approve first reading of the ordinance increasing fines for 11' and 2" offense
violations of the nuisance party code, but modify the citation amounts.
3. Do not approve the ordinance.
CITY MANAGER'S RECOMMENDED ACTION:
The increase of risky behaviors surrounding large parties during 801-day is troubling.
These large parties are disruptive to neighborhoods and have been increasing for
several years. The City and University have worked very hard over the past year to
create an event to welcome students to Ames (Cyclone Welcome Weekend) and to
turn the unofficial event into a planned event with better alternatives to consumption of
alcohol and risky behaviors. Increasing the fines for nuisance parties at designated
times will provide another tool for City staff in deterring the disruptive behaviors that
have become associated with this weekend.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE
OF THE CITY OF AMES, IOWA, BY AMENDING
SECTION 17.30(4) AND ENACTING A NEW SECTION
17.30(5) THEREOF, FOR THE PURPOSE OF
ESTABLISHING ENHANCED NUISANCE PARTY
REGULATIONS, REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING PENALTY AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames, Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is
hereby amended by amending Section 17.30(4) and enacting a new Section 17.30(5) Nuisance
Party Regulations as follows:
Sec. 17.30. NUISANCE PARTY REGULATIONS.
"(4) Except on dates specified by an Enhanced Penalties For Nuisance Parties
Resolution of City Council, violation of this section shall be a municipal infraction punishable by
a penalty of $100 for a person's first violation thereof and $200 for each repeat violation.
Alternatively, violation of this section can be charged by a peace officer of the City as a simple
misdemeanor.
(5) The City Council may establish by Resolution enhanced penalties for nuisance
parties occurring on certain specified dates. A violation of this section during the effective dates
of an Enhanced Penalties For Nuisance Parties Resolution shall be a municipal infraction with a
fine of$750 for the first violation, and $1,000 for each repeat violation. Alternatively, violation
of this section can be charged by a peace officer of the City as a simple misdemeanor with a fine
of$650 for the first violation and$855 for each repeat violation."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal
infraction punishable as set out by law.
Section Three. All ordinances,or parts of ordinances, in conflict herewith are hereby
repealed to the extent of such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage
and publication as required by law.
Passed this day of
Diane R. Voss,City Clerk John A. Haila,Mayor