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Social Host Ordinance Social Host Ordinance

Social Host Ordinance - PowerPoint Presentation

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Social Host Ordinance - PPT Presentation

Delynn Coldiron Neighborhood Services Manager Jeremy Yonce Fort Collins Police Lieutenant Agenda Introductions Meeting Purpose and Overview Question and Answer Wrap Up 2 Introductions Neighborhood Services Staff ID: 598150

host alcohol collins fort alcohol host fort collins public social ordinance nuisance issue marijuana consumption question criminal possession 2016 underage drink gathering

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Presentation Transcript

Slide1

Social Host Ordinance

Delynn Coldiron, Neighborhood Services Manager

Jeremy Yonce, Fort Collins Police LieutenantSlide2

Agenda

Introductions

Meeting Purpose and OverviewQuestion and AnswerWrap Up2Slide3

Introductions

Neighborhood Services Staff:

Delynn Coldiron, ManagerPolice Services Staff:Jeremy Yonce, LieutenantOthers:Susanne Durkin-Schindler3Slide4

Meeting Purpose

4Slide5

Question

5

VanillaChocolateMint Chocolate ChipCookies & CreamCappuccino CommotionSomething way betterWhat is Your Favorite Ice Cream Flavor?Slide6

Question

6

Not importantImportantVery importantNo opinionHow Important is the Issue ofUnderage Drinking in Fort Collins?Slide7

Project Overview

Approached by Team Fort Collins

Inter-Agency Committee FormedCouncil Work Session – May 2015Preliminary OutreachASCSUNoCoRHAResearch and DataCommittee AdjustmentsDeveloped OptionsOutreach to AllCouncil – April 20167Slide8

Question

8

A person who organizes partiesA law to deter underage drinkingAnother unnecessary regulationA way to reduce the # and size of partiesNone of the aboveAll of the aboveWhat is Social Host?Slide9

Potential Social Host Ordinance

Would hold a party host responsible when underage consumption of alcohol or marijuana occurs at their party

Would provide Police Officers with a softer response option (civil vs. criminal)Would fill the remaining gaps that existing ordinances do not address9Slide10

Research

States42 had some type of social host statute

Violations: Civil, Criminal, BothCitiesMore than 150 cities have adopted some type of social host ordinanceHighlighted 22Universities or Similar Institutions10Slide11

Research

11Slide12

Fort Collins – Current Regulations

Criminal Misdemeanor

Minor in Possession (MIP)Prohibits the possession or consumption of alcohol or marijuana by minorsUnreasonable NoiseProhibits noise from impacting neighboring properties Nuisance GatheringProhibits parties from impacting neighboring propertiesIncludes alcohol and marijuana violationsFelonyContributing to the delinquency of a minorProhibits providing alcohol or marijuana to a minor12Slide13

Fort Collins – Public Nuisance Ordinance

13Slide14

Current Nuisance Gathering Ordinance

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 (1) or more of the following conditions or events

on neighboring public or private property; rioting; the unlawful carrying or possessing or 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 or traffic…,is hereby declared to be unlawful.14Slide15

Nuisance Gathering Change

Separate Council action underway

Addresses behaviors occurring on the premises Continues to require impact to neighboring properties Intent of original ordinance Increases ability to hold party host responsible for underage consumption of alcohol or marijuana on premise15Slide16

Question

16

10.25%15.92%21.75%34.90%44.37%Not SureWhat percentage of high school students have had a drink in the last 30 days?Slide17

Additional Data

High School Student Survey34.9% drank at least

one day during the 30 days prior to the survey. 41.8% of them had been given the drink by someone.1People 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.2Effects of alcohol/other chemical substances most immediately interfere with optimal brain functioning.317Slide18

Additional Data Continued

18Slide19

Additional Data Continued

Current Colorado laws are hard to enforce because it is difficult to prove who actually provided the alcohol.

19Slide20

What is the Issue in Fort Collins?

Results from a Colorado Department of Public Health & Environment survey show that t

eens across Colorado are no different than those across the United States. 81% tried alcohol at some point in their life by the 12th grade Almost 19% had their first drink prior to age 1356.5% used some form of illegal drug by the 12th grade6.8% used an illegal drug before the age of 1320Slide21

What is the Issue in Fort Collins?

21Slide22

What is the Issue in Fort Collins?

22Slide23

What is the Issue in Fort Collins?

23Slide24

What is the Issue in Fort Collins?

24Slide25

Question

25

NoiseFights or violenceUrinating in publicMedical conditionsUnderage DrinkingNot SureWhat is the most common issue our local Police find when responding to parties?Slide26

Fort Collins Experience

Increase in disruptive behaviorsNoise

Crowds roaming through neighborhoodsPeople walking into the wrong houseVandalismUnderage drinkingUrinating in publicMedical conditionsViolent crimesSex AssaultFights26Slide27

Anything Needed?

27Slide28

Options

Keep things the

same and utilize existing ordinances and educationAdopt a new social host ordinance28Slide29

Options

Keep things the same –

No new ordinanceContinue with existing tools:Minor in Possession (MIP)Noise OrdinanceNuisance Gathering (with pending changes)Public Nuisance OrdinanceContributing to the Delinquency of a MinorEducation and Outreach29Slide30

Options

Social Host –

New ordinancePerson liable for social host if:Control of the access to or use of private place; andPresent while possession or consumption of alcohol or marijuana by underage person(s) occurredCivil infractionPenalties limited to fines, classes and public servicesNo jail, no criminal record, no right to jury trialCould move to criminal on third offense30Slide31

Options

Would not apply when:

Person under 21 was legally at private place and had parent’s consent to consume alcohol or marijuanaPerson under 21 possessed or consumed medical marijuana and had valid registry ID cardStudent under the supervision of an instructorPossession or consumption took place for religious purposesPossession or consumption took place during the course of a supervised and bona fide investigation 31Slide32

Adopt Social Host Ordinance

Civil

offenseApplies in non-nuisance settingsFills gap in nuisance settings if changes are not approved by CouncilDecreased risky behaviorNot subject to Public Nuisance OrdinanceConsidered duplicative Could result in multiple violations Data on effectiveness is mixedIncreased risky behaviorNot subject to Public Nuisance Ordinance

Possible Advantages

Possible DisadvantagesSlide33

Question

33

NoYesNot SureShould the City of Fort Collins AdoptA New Social Host Ordinance?Slide34

Next Steps

Public Outreach – February and March

Public Meetings – 3Boards & CommissionsColorado State UniversityPoudre School DistrictNorthern Colorado Rental Housing AssociationFinal Development of Proposed RecommendationCity Council – April 5th34Slide35

Opportunities for Input

Public Meetings

February 8, 2016; Senior Center; 6:00 p.m. to 7:30 p.m. February 15, 2016; Harmony Library; 6:00 p.m. to 7:30 p.m.March 1, 2016; CSU Student Center; 6:00 p.m. to 7:30 p.m.On-line survey – www.fcgov.com/socialhost Council MeetingsApril 5th – 1st ReadingApril 19th – 2nd ReadingContact the CityEmail to decoldiron@fcgov.com

35Slide36

Questions

36