Party Nuisance Ordinance

Party Nuisance Ordinance

View 6-08-001-0005 Nuisance Parties

What is a Nuisance Party?

Under the Party Nuisance Ordinance, a "Nuisance Party" is defined as a gathering of five (5) or more persons on any private property, in a manner which causes a disturbance of the quiet enjoyment of private or public property by any person or persons. Such disturbances may include, but are not limited to, excessive noise or traffic, obstruction of public streets by crowds or vehicles, drinking in public, serving alcohol to minors or the consumption of alcohol by minors, fighting, disturbing the peace and littering.

Yes, You Can Be Cited

Under this ordinance any persons attending the party and contributing to the nuisance can be cited on a first response by one or more officers. The ordinance allows the officers to issue citations for a civil violation of a "Nuisance Party," in lieu of the criminal arrest (Class 1 misdemeanor), for Disturbing the Peace.

Any sponsor, host or organizer of the "Nuisance Party", may be cited during a first response. Civil fines will range from $250, on the first offense, to $500 on the second offense within 120 days and $1000 for the third or subsequent offense within 120 days. These fines can be enhanced if there are additional criminal violations taking place at the Nuisance Party.

What About the Property Owner?

If the property owner is on the premises during the "Nuisance Party" and takes no reasonable action to prevent the "Nuisance Party" the property owner can be cited. However if the property owner is not on premises, but proper notice was provided making the property owner aware of a "Nuisance Party," a civil fine can be imposed if an additional "Nuisance Party" has occurred 30 days after the initial notification was made.

The ordinance does allow for a waiver to be issued if the property owner has taken steps reasonably necessary to prevent subsequent nuisance parties, is in the process of an eviction, or agrees to actively participate in the Flagstaff Police Department's Crime Free Multi-Housing Program, or if over 100 individual units obtains private security on the property.