HomeMy WebLinkAboutA003 - Council Action Form dated August 9, 2022 ITEM # 37
DATE: 08-09-22
COUNCIL ACTION FORM
SUBJECT: REQUEST TO AUTHORIZE ENHANCED PENALTIES FOR NUISANCE
PARTIES BETWEEN 5:00 P.M. AUGUST 19 AND 4:00 A.M. AUGUST 21
BACKGROUND:
On July 29, 2022, the City Council approved an ordinance to allow for enhanced penalties
for nuisance parties when authorized by City Council resolution [Section 17.30(5) of
Municipal Code]. The resolution that authorizes the enhanced penalties must designate
specific dates and times subject to the enhanced penalties.
This request is to approve a resolution authorizing the use of enhanced penalties
for nuisance parties beginning at 5:00 p.m. Friday, August 19, and ending at 4:00
a.m. Sunday, August 21, 2022. These dates correspond with the weekend before Iowa
State University classes begin. In the past several years, the Saturday before classes
begin has been associated with an increase in alcohol consumption, illegal parking,
nuisance parties, and other high-risk activities. 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 was 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.
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Currently, the fine for a first violation of the ordinance is $100, and $200 for second
and subsequent violations. It is believed this fine structure is an insufficient deterrent
to nuisance parties on the Saturday before classes. The new ordinance passed on July
29, 2022, allows for enhanced penalties for nuisance party violations of $650 for a
first offense and $855 for each repeat offense on dates and times approved by
resolution by City Council.
Based on the issues described above, staff requests Council approval to invoke
the enhanced penalties for nuisance party violations beginning at 5:00 p.m., Friday
August 19, and ending at 4:00 a.m., Sunday, August 21, 2022.
There are approximately two weeks until Cyclone Welcome Weekend,which should
provide some time to notify the community of the enhance penalties for nuisance
party violations.
Staff will take the following steps to notify the public about the new ordinance:
• The Police Department and ISU staff will inform residents while going door-to-door
during the Good Neighbor Campaign in early August
• An email outlining the changes to the ordinance will be sent to property managers
and owners, with a request to forward the message to tenants. A similar email will
be sent to neighborhood associations.
• Both the City and University will publicize the changes in press releases and social
media accounts.
In addition, the University has agreed to send out notifications to students and staff to
make them aware of the new towing policy as a part of a larger campaign regarding
Cyclone Welcome Weekend.
ALTERNATIVES:
1. Authorize the enhanced penalties for nuisance party violations ($650 for a first
offense and $855 for each repeat offense) beginning at 5:00 p.m., Friday August
19 and ending at 4:00 a.m. on Sunday, August 21 , 2022
2. Authorize the enhanced penalties for nuisance party violations as described in
Alternative 1 but modify the times and/or dates.
3. Do not authorize enhanced penalties for nuisance party violations.
CITY MANAGER'S RECOMMENDED ACTION:
The increase of risky behaviors surrounding large parties during what has become known
as 801-day is troubling. These large parties are disruptive to neighborhoods and have
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been increasingfor several ears. The City and University have worked very hard over
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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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