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HomeMy WebLinkAbout2019.0207.TCRET.Agenda.Budget (3) �11A><Nzi TOWN OF FOUNTAIN HILLS TOWN COUNCIL . ; 04 AGENDA ACTION FORM r4$r hs o Meeting Date: 2/7/2019 Meeting Type: Council Retreat Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Robert Rodgers, Development Services Director, rrodgers@fh.az.gov REQUEST TO COUNCIL (Agenda Language): DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RE: Hillside Protection Easements and Abandonment Requests Applicant: Staff Applicant Contact Information: Development Services Department Owner: NA Owner Contact Information: Development Services Department Property Location: Town-Wide Related Ordinance, Policy or Guiding Principle: Subdivision Ordinance Chapter 5 Staff Summary(background): DISCUSSION RE: Hillside Protection Easements and Abandonment Requests There are numerous residential developments around town that were required to provide Hillside Protection Easements (HPE's) either as a condition of the development's approval, or of individual lots when they were built upon. This discussion is a result of staff's uncertainty regarding the new Town Council's policy on granting abandonments of HPE's. Past practice has taken different forms over the years: Staff has generally processed requests from property owners for abandonment of HPE areas on their property on a case- by-case basis. This process has always required approval by the Town Council and has on numerous occasions required that the property owner pay $10/sq ft for the area of the HPE being abandoned. This is the same amount that would be assessed to a property owner who had illegally disturbed the HPE area. However, in such a case the property owner would also be required to revegetate the disturbed area. Within the last few years the $10/sq ft fee has not been assessed. Primarily due to staff turn-over and no written procedure to follow. Recently, two lots in Diamante Del Lago were granted HPE abandonments. This would not normally be of concern except that the HPE's that were established in Diamante Del Lago were created specifically because the original developer did not have enough open space areas to dedicate in order to get the density he wanted. The HPE's were allowed to be created on the individual house lots, and be counted as non-disturbance areas in order to allow the increased density. Page 1 of 2 Council Retreat HPE Abandonments 2/7/19 Since the second HPE was abandoned there, the residents in that development have been discussing having all their HPE's abandoned on social media. This has led to an influx of applications (6 currently in queue) which seems to be in direct opposition to the original intent of the development's approval. There are other residential developments with similar requirements but this one is currently the most pressing. Development Services has placed a temporary hold on processing HPE abandonments until staff and Council can verify what the Council's policy is currently regarding such requests. Staff asks that Council clarify the following: 1. HPE abandonments in general. Does Council feel this is acceptable? If so, are there certain qualifiers that staff should look for? 2. Abandonments of HPE's that were created as a condition of the development's approval? This generally takes two forms. A. HPE's created as part of the open space requirements on the plat. B. HPE's created on individual lots after building construction. 3. Assessing a fee of$10 (or more) per square foot of easement area being abandoned? This serves to partially offset the staff time in processing these requests as well as also serving as a disincentive to property owners when requesting abandonments. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): NA List Attachment(s): Diamante Del Lago overall map Diamante Del Lago lot blow-ups SUGGESTED MOTION (for Council use): NA Prepared by: Approved:obert Rodger evelopment Services Director 1/28/2019 Grady E. Mill r, Manager Date aL Director's Approval: R ert Rodgers, D pment Services Director 1/28/2019 Page 2 of 2 ... 1:- ...4,,,.., .2,WI +,.. atom „.,,J., < .., + V n r Y� t ♦awl J ' 1 g 1 �a at I- 01 Vc , , ^ j I! ) RI 11 I g ii r 1 a _ is Wes i 13. a is i I I 1 4 1."'" ;PA) I I/ v*^ Y I +1 i I �� 1 r 1 .y l �� I y� � c . 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C 7 f S lY 4= Uf G i i� •• Mi _I Pee R / 1141 _ Vw = ;ilk 1 4e of al 15 16q !N. ! $lsa��'y$� \ "' -� Wiu ~ �_ 3pY al ft lb l210il yi11 if 1lit Ihh 4 g1 1 11110. '�`r =— P to Fa �, W N 4 '` la,t - . ts .tea 4 W"2 \ < :- '-t wte`cy,11; _. .< (25,. ,..9(9 i oc° ^cl 6f 8F -N 6 l - \ / 3.049210N v U m� /, lb r 25'45 W .oy /,3. ` %t �� am, ;,,.r j ail �` ,61.O4 p k! �1. I r', °h4 Cn --.' / _ILI" b o < 1 M ¢ 4 ' -- it 1 ,`; / .•! "I� _ I Mo, ` llllfflu! � ',�1c��0 c \ alb y/ �i N § tt Nr2/9.47 / Q y �' t 7 Q • N�,+,1Jrw 62 8....— / i a8�`I N T1 ,r•� .r N' �'11 - (•v.�5...sr = OWE N11�16J p$ill �y �+i 3.�. ' . ��,,,6 3 ;,TS.Z0N 10 tier /iT1 I Ol'8ti d6.1 Fountain Hills Town Code returning home from an employment activity without any detour or stop by the most direct route. 4. Involved in an emergency. 5. With prior permission of the parent or guardian, was engaged in reasonable, legitimate and specific business or activity. Examples include, but are not limited to, a juvenile with prior permission of the parent or guardian, attending an official school, religious or other recreational activity supervised by adults who take responsibility for the minor, or going to or returning home from an official school, religious or other recreational activity supervised by adults who take responsibility for the minor. 6. With prior permission of the parent or guardian, engaged in a reasonable and legitimate exercise of First Amendment rights protected by the United States Constitution. 7. Married and sixteen years of age or over, or in the military. 8. On the sidewalk abutting their residence or on the exit door neighbor's property with the consent of the neighbor. D. Enforcement. 1. Before taking any enforcement action under this section, a police officer shall attempt to ascertain the apparent offender's age and reason for being in the place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based upon the circumstances, the minor's responses and minor's conduct, no defense as provided in subsection C of this section is probably present. 2. In addition to any other powers he/she may have, any law enforcement officer who arrests a minor for violating any of the provisions of paragraphs 1 or 2 of subsection B of this section is also hereby empowered to demand of the parent, guardian or other person having the care, custody or supervision of the minor that such parent, guardian or other person come and take the minor into custody. The law enforcement officer is also empowered to take the minor to a designated location where arrangements can be made for a parent, guardian or other appropriate party to take the minor into custody. Should there be a failure of the parent, guardian or other person to take custody of such minor,the officer may then be empowered to take the minor home. E. Penalty. First offense convictions, under this section, shall be sentenced as a petty offense. Second offense convictions, under this section, shall be sentenced as a class 2 misdemeanor. Third and all subsequent convictions under this section shall be sentenced as a class 1 misdemeanor. Section 11-1-7 Noise A. Purpose. The purpose of this Section is to promote the health and general welfare of the citizens and businesses of the Town by balancing the need to protect the community against unreasonable noise with the legitimate goal of promoting and encouraging commercial and business growth in the community. Page 9 of 19 Fountain Hills Town Code of the building),the measurement location shall be anywhere in a dwelling unit within that building. 2 The 10:00 p.m. cut-off time may be extended to 11:00 p.m. in conjunction with a temporary use permit issued by the Town pursuant to Section 2.03 of the Town Zoning Ordinance. E. Complaint Processing. After receiving a noise complaint from a complainant, an individual authorized under Subsection H of this Section shall measure the noise level with such measurements being made at the wall of the complainant's location. The authorized individual shall determine a noise violation has occurred when the decibel levels at the complainant's location exceed the maximum decibel levels set forth in Table I above. F. Sound Truck. It is unlawful to play, operate, or use any device known as a sound truck, loud speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier or any instrument of any kind or character that emits loud and raucous noises and is attached to and upon any vehicle. G. Braking devices. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the Town any compression release or other engine braking device designed to aid in the braking or deceleration of any vehicle which results in noise in excess of that which would otherwise be produced from such vehicle without such braking device. The provisions of this Subsection do not apply to public safety vehicles or to any vehicle while descending Golden Eagle Boulevard. H. Violations. The Town Manager or designee, code official or Town law enforcement officer may issue civil citations pursuant to Subsection 1 8 3(D) of this Code to enforce violations of this Section. After civil enforcement as set forth in Subsection 1 8 3(D) of this Code, any POST-certified law enforcement officer or the Town Prosecutor may issue criminal complaints pursuant to Subsection 1-8-2(A)to enforce this Section. I. Exemptions. The following uses and activities shall be exempt from Town noise level regulations: 1. Noises resulting from air-conditioning equipment when such equipment is in proper operating condition. 2. Noises resulting from lawn maintenance equipment operated during daylight hours when such equipment is functioning with all mufflers and standard noise-reducing equipment in use and in proper operating condition. 3. Noises of safety signals,warning devices and emergency pressure relief valves. 4. Noises resulting from an authorized emergency vehicle when responding to an emergency call or acting in time of emergency. 5. Noises resulting from emergency work. 6. Church chimes or bells. 7. Any noise created by any Town or Town contractor vehicles, equipment or facilities while being operated or utilized for official business. Page 11 of 19 Fountain Hills Town Code a. If on a first response to a nuisance party, any of the following crimes are being committed: i. Minor in possession of alcohol; ii. Minor in consumption of alcohol; iii. Possession or use of illegal drugs; iv. Weapons misconduct, in violation of A.R.S. Section 13-3102; or v. Any felony offense; b. Then the Responsible Person(s) and Owner shall be assessed a fine commensurate with a second nuisance party, as set forth in subsections(5)and(6) of this section. 4. Notice of violation. If an Enforcement Officer issues a citation to an Owner or any Responsible Person(s) under this section, the officer shall notify the Town in writing. Upon such notification the Town shall issue a Notice of Violation to the Owner in the same manner as set forth in Subsection 1-8-3(c) of this Code. 5. Non-Owner liability for nuisance parties. a. Any of the following Responsible Person(s)may be liable for a civil infraction: i. The person(s) who organized or sponsored the event constituting a nuisance party; ii. Any person engaged in any conduct causing the gathering to be a nuisance party. b. Civil penalties for Responsible Person(s) i. For a first nuisance party violation the fine is two hundred fifty dollars ($250.00), inclusive of any applicable fines, fees, assessments or surcharges. ii. Subsequent Nuisance Parties. If the Responsible Person(s) found liable for a nuisance party have previously been found responsible for a nuisance party, regardless of the location of the prior violation,the penalties are as follows: 1. For a second nuisance party violation within one hundred twenty (120) days of the first nuisance party the fine is five hundred dollars ($500.00), inclusive of any applicable fines, fees,assessments or surcharges. 2. For a third or subsequent nuisance party within one hundred twenty (120) days of the second nuisance party the fine is one thousand dollars ($1,000.00), inclusive of any applicable fines, fees, assessments or surcharges. 3. If on response to a third or subsequent nuisance party, any of the following crimes are being committed at the party: Page 13 of 19 Fountain Hills Town Code c. Within ten(10)business days of receipt of a citation or notice of violation,the Owner may petition the Presiding Magistrate for a waiver of the civil fine, under any of the following circumstances: i. The Owner has taken steps reasonably necessary to prevent a subsequent nuisance party or to exclude the uninvited person from the premises, or the Owner is actively attempting to evict the Responsible Person(s) from the premises. ii. The Owner of a property with over fifty (50) individually rented units obtains and maintains private security services for the entire property. iii. If an Owner evicts tenants from a premises where a nuisance party occurred and new tenants at the same premises are given notice of a nuisance party violation, the Owner must be re-notified in the same manner as set forth in Subsection 1-8-3(c) of this Code. 7. Enforcement. Enforcement Officers are authorized to enforce the provisions of this section provided that enforcement is initiated by a complaint from a member of the public or as otherwise provided by law. The complaining member of the public shall not necessarily be required to appear in court before a violator may be found responsible. Enforcement Officers shall enforce the provisions of this section using their sound discretion and the consideration of the totality of the circumstances, including but not limited to the uses of the premises (e.g. residential, commercial, etc.). 8. Other remedies. Nothing in this section shall be construed as affecting the ability of the State to initiate or continue concurrent or subsequent criminal prosecution of any Responsible Person(s) or Owner for any violations of the provisions of the Town code or State law arising out of the circumstances necessitating the application of this section. (18-09,Amended,06/19/2018; 16-10,Amended, 12/15/2016,and Restated) Section 11-1-8 Obstruction of View It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstruction which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. Section 11-1-9 Offensive Premises It is unlawful for any person to suffer, or permit any premises belonging to or occupied by him, or any cellar, privy, vault, pool, sewer or private drain therein to become nauseous, foul or offensive to the senses or prejudicial to the public health or comfort. Section 11-1-10Searchlights It is unlawful for any person to operate within the town any incandescent or arc-type searchlight, beacon Page 15 of 19 ‘ ,\NArNq� TOWN OF FOUNTAIN HILLS Z ' TOWN COUNCIL RETREAT 7_ — Y w •" AGENDA that is NV VI' Mayor Ginny Dickey Vice Mayor Art Tolis Councilmember Alan Magazine Councilmember Dennis Brown Councilmember Mike Scharnow Councilmember Sherry Leckrone Councilmember David Spelich WHEN: THURSDAY, FEBRUARY 7, 2019 TIME: 9:00 AM to 3:00 PM WHERE: FOUNTAIN HILLS COMMUNITY CENTER, BALLROOM #4 13001 N. LA MONTANA DRIVE, FOUNTAIN HILLS, ARIZONA Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived. 1. CALL TO ORDER - Mayor Ginny Dickey 2. ROLL CALL - Mayor Ginny Dickey 3. RETREAT AGENDA ITEMS All Items are listed for discussion only. No Action can or will be taken. The primary purpose of this meeting is to provide the Council with the opportunity for an in-depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by the consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. TOWN COUNCIL RETREAT FEBRUARY 7, 2019 PAGE 2 A. The Town Manager will provide an overview of the Council Retreat B. Review of the 2017 Fountain Hills Strategic Plan C. Proposed FY2019/20 Budget, Capital Improvement Program, and Five-year Financial Forecast D. Discussion of Council Rules of Procedure (including Boards/Commissions) E. Discussion: Special Event Liquor Licenses ii. Hillside Protection Easement iii. Party Nuisance Ordinance F. Summary of Council discussions by the Town Manager 4. Adjournment DATED AND POSTED this 31st day of January, 2019. Elizabeth A. Burke, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100(voice) or 1-800-367-8939 (TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. ©��gAlN� t TOWN OF FOUNTAIN HILLS 4. TOWN COUNCIL ' // "' AGENDA ACTION FORM �hvt is Avt ' Meeting Date: 6/19/2018 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Grady E. Miller, Town Manager REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF RESOLUTION 201E-46 Declaring Section 11-1-7(J) Entitled Nuisance Party A Public Record; and CONSIDERATION OF ORDINANCE 18-09 which provides the Town of Fountain Hills with tools to address offenses caused by Nuisance Party I-louses; and declaring an emergency. Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: Ordinance 18-09, Amending Section 11-1-7 of the Town Code Staff Summary (background): Over the past several months, residents have been disturbed by parties and other events that have taken place in neighboring single family homes. The homes are typically rented out on a short-term basis which often include large numbers of people. Due to the size and scale of the parties, excessive noise, traffic, crowds of people, fighting, and other behaviors have prevented nearby residents from the quiet enjoyment of their own properties. Based on the negative impact that nuisance parties have had on neighborhoods in Fountain Hills, Town Attorney Mitesh Patel was asked to research how other communities have dealt with similar situations. The Town Attorney found that the cities of Flagstaff, Tempe, and Tucson have addressed these types of situations by having ordinances in place that regulate these types of nuisances. The Town Council is being asked to consider adopting Ordinance 18-09 which amends Town Code Chapter 11, entitled "Offenses." The highlights of Ordinance 18-09 are as follows: • A nuisance party is defined as a gathering of ten (10) or more persons on any private property that involves disturbances such as excessive noise or traffic, obstruction of public streets by crowds or vehicles, drinking in public, the service of alcohol to minors or consumption of alcohol by minors, fighting, disturbing the peace, and littering. • Both the owner and non-owner responsible person(s) are held responsible for violations of the ordinance. • Civil penalties range from a warning to an owner for the first violation up to $1,000 for the third nuisance party violation. Page I cf 2 Ordinance 18-09 applies to all private properties in Fountain Hills and will be enforced by the Maricopa County Sheriff's Office and the Town's Code Enforcement function. While it is intended to address the heart of the nuisance party issues impacting neighborhoods in Fountain Hills, it is possible that residents who hold the occasional private gathering, party, barbecue, or other functions may receive a warning from a Sheriff's deputy responding to the house. However, it is the belief of MCSO and staff that the way the ordinance is written, residents who have the occasional party will likely not be impacted. Staff is requesting Council consideration of adopting Ordinance 18-09 with an emergency clause to enable the ordinance to go into effect immediately. It is the intent of staff to address the nuisance party matter with the Council in six months to evaluate the effectiveness of the ordinance. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized,list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of Resolution 2018-46 and the adoption of Ordinance 18-09. List Attachment(s): Resolution 2018-46 and Ordinance 18-0 SUGGESTED MOTION (for Council use): Move to APPROVE RESOLUTION 2018-46 AND ADOPT Ordinance 18-09. Prepared by: NA 6/13/2018 Director's Approval: NA 6/13/2018 Ap roved: f A%Zt(k Grady E I , yin Manager 6113/2018 Page 2 of 2 RESOLUTION NO. 2018-46 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED"SECTION 11-1-7(J)NUISANCE PARTY." BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That certain document entitled "Section 11-1-7(J) Nuisance Party," attached hereto as Exhibit A, of which one paper copy and one electronic copy maintained in compliance with ARIZ. REV. STAT. § 44-7041 are on file in the office of the Town Clerk and open for public inspection during normal business hours, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 19th day of June,2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender,Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller,Town Manager Mitesh V. Patel, Interim Town Attorney Dickinson Wright PLLC PHOENIX 77018-1 469392v1 EXHIBIT A TO RESOLUTION NO. 2018-46 [TOWN CODE SECTION l 1-1-7(J)NUISANCE PARTY] See following pages. PHOENIX 77018-1 469392v1 2 PHOENIX 77018-1 469392v1 Fountain Hills Town Code Amendment to Chapter 11 of the Fountain Hills Town Code Section 11-1-7 Noise J.Nuisance Party. A Nuisance party is unlawful and constitutes a civil infraction. 1. Definitions. For the provisions of Section 11-1-7(J)the following definitions apply: a. "Minor"means any person under the age of twenty-one(21)years. b. "Enforcement Officer"means either a(i)Town designated law enforcement officer or(ii)Town code enforcement officer. c. "Notice of Violation" has the same meaning as the term is defined in Section 1-8- 3. d. "Nuisance Party"means a gathering of twelve (12)or more persons on any private property, including property used to conduct business, in a manner which causes a disturbance of the quiet enjoyment of private or public property by any person or persons. Such disturbances include,but are not limited to,excessive noise or traffic, obstruction of public streets by crowds or vehicles, drinking in public, the service of alcohol to minors or consumption of alcohol by minors, fighting, disturbing the peace, and littering. e. "Owner" means the Owner of any property,as well as any agent of an Owner who acts on behalf of the Owner to control or otherwise regulate the occupancy or use of the property. f. "Premises" means the property that is the site of a nuisance party. For residential properties, "premises" means the dwelling unit or units where the nuisance party occurs. g. "Responsible person" means any person in attendance who engaged in a nuisance party, including any Owner who is in attendance, occupant, tenant, guest or any sponsor, host or organizer of the nuisance party. "Responsible person" does not include Owners or persons in charge of premises where a nuisance party takes place if the persons in attendance obtained use of the premises through illegal entry or trespassing. 2. Abatement of a nuisance party. An Enforcement Officer may abate a nuisance party by reasonable means including, but not limited to, warning, citation, or, in case of a law enforcement officer, arrest of violators under applicable ordinances or state statutes, and dispersal of the persons attending the gathering. Fountain Hills Town Code 3. When an Enforcement Officer responds to the first nuisance party and while at the scene determines that there is a threat to the public peace, health, safety, or general welfare, the officer may issue a citation to any Responsible Person(s). a. If on a first response to a nuisance party, any of the following crimes are being committed: i. Minor in possession of alcohol; ii. Minor in consumption of alcohol; iii. Possession or use of illegal drugs; iv. Weapons misconduct, in violation of A.R.S. Section 13-3102; or v. Any felony offense; b. Then the Responsible Person(s)and Owner shall be assessed a fine commensurate with a second nuisance party,as set forth in subsections(5)and(6)of this section. 4. Notice of violation. If an Enforcement Officer issues a citation to an Owner or any Responsible Person(s)under this section,the officer shall notify the Town in writing. Upon such notification the Town shall issue a Notice of Violation to the Owner in the same manner as set forth in Subsection 1-8-3(c)of this Code. 5. Non-Owner liability for nuisance parties. a. Any of the following Responsible Person(s) may be liable for a civil infraction: i. The person(s)who organized or sponsored the event constituting a nuisance party; ii. Any person engaged in any conduct causing the gathering to be a nuisance party. b. Civil penalties for Responsible Person(s) i. For a first nuisance party violation the fine is two hundred fifty dollars ($250.00), inclusive of any applicable fines, fees, assessments or surcharges. ii. Subsequent Nuisance Parties. If the Responsible Person(s) found liable for a nuisance party have previously been found responsible for a nuisance party, regardless of the location of the prior violation, the penalties are as follows: 1. For a second nuisance party violation within one hundred twenty (120)days of the first nuisance party the fine is five hundred dollars ($500.00), inclusive of any applicable fines, fees, assessments or surcharges. Fountain Hills Town Code 2. For a third or subsequent nuisance party within one hundred twenty (120) days of the second nuisance party the fine is one thousand dollars ($1,000.00), inclusive of any applicable fines, fees, assessments or surcharges. 3. If on response to a third or subsequent nuisance party, any of the following crimes are being committed at the party: a. Minor in possession of alcohol; b. Minor in consumption of alcohol; c. Possession or use of illegal drugs; d. Weapons misconduct, in violation of A.R.S. Section 13- 3102; or e. Any felony offense. Then the Responsible Person(s) shall be assessed a fine commensurate with two (2)times the fine for a third or subsequent nuisance party,as set forth in this subsection. 6. Owner liability for nuisance parties. a. The Owner of the property where the nuisance party occurred may be liable for a civil infraction. b. Civil penalties for Owners i. An Owner who is not in attendance at the nuisance party, and who did not organize or sponsor the nuisance party, may be issued a written notice of violation. ii. Subsequent Nuisance Parties. 1. lf, after a written notice of a violation is issued by the Town, an Enforcement Officer responds for a second time to the same premises for a nuisance party within one hundred twenty(120)days of the first response, such response shall be deemed a second nuisance party and the fine is five hundred dollars ($500.00), inclusive of any applicable fines, fees, assessments or surcharges. 2. If, after a written notice of a second violation is issued, an Enforcement Officer responds to the same premises for a third or subsequent nuisance party within one hundred twenty(120)days of the second nuisance party response, such response shall be deemed a third or subsequent nuisance party and the fine is one thousand dollars ($1,000.00), inclusive of any applicable fines, fees, assessments or surcharges. Fountain Hills Town Code 3. If on response to a third or subsequent nuisance party, any of the following crimes are being committed at the party: a. Minor in possession of alcohol; b. Minor in consumption of alcohol; c. Possession or use of illegal drugs; d. Weapons misconduct, in violation of A.R.S. Section 13- 3 102;or e. Any felony offense. Then the Owner shall be assessed a fine commensurate with two(2) times the fine for a third or subsequent nuisance party, as set forth in this subsection. c. Within ten (10) business days of receipt of a citation or notice of violation, the Owner may petition the Presiding Magistrate for a waiver of the civil fine, under any of the following circumstances: i. The Owner has taken steps reasonably necessary to prevent a subsequent nuisance party or to exclude the uninvited person from the premises,or the Owner is actively attempting to evict the Responsible Person(s) from the premises. ii. The Owner of a property with over fifty (50) individually rented units obtains and maintains private security services for the entire property. iii. If an Owner evicts tenants from a premises where a nuisance party occurred and new tenants at the same premises are given notice of a nuisance party violation, the Owner must be re-notified in the same manner as set forth in Subsection 1-8-3(c) of this Code. 7. Enforcement. Enforcement Officers are authorized to enforce the provisions of this section provided that enforcement is initiated by a complaint from a member of the public or as otherwise provided by law.The complaining member of the public shall not necessarily be required to appear in court before a violator may be found responsible. Enforcement Officers shall enforce the provisions of this section using their sound discretion and the consideration of the totality of the circumstances, including but not limited to the uses of the premises(e.g. residential,commercial,etc.). 8. Other remedies. Nothing in this section shall be construed as affecting the ability of the State to initiate or continue concurrent or subsequent criminal prosecution of any Responsible Person(s) or Owner for any violations of the provisions of the Town code or State law arising out of the circumstances necessitating the application of this section. ORDINANCE NO. 18-09 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING TOWN CODE CHAPTER 11 "OFFENSES" BY ADDING SECTION 11-1-7(J) "NUISANCE PARTY" AND DECLARING AN EMERGENCY. WHEREAS, the Town Council for the Town of Fountain Hills ("Town") finds and determines that the control of large parties, gatherings or events on private property is necessary when such continued activity is determined to be a threat to the peace, health, safety, or general welfare of the public; and WHEREAS, the Town Council has determined that it is in the best interest of the residents of the Town to amend Chapter 11 of the Town Code by adding Section 11-1-7(J); and WHEREAS, the Town Council declared Section 11-1-7(J) of the Town Code, which is incorporated herein by this reference, a public record by Resolution No. 2018-46 and ordered one paper copy and one electronic copy maintained in compliance with ARIZ. REV. STAT. § 44- 7041 on file in the office of the town Clerk and open for public inspection during normal business hours; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The gathering of ten (10) or more persons on any private property shall be subject to the requirements of Section 11-1-7(J) of the Town Code SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance or any part of the newly adopted Town Code Section 11-1-7(J) is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. Because of the urgent need for the implementation of the Town's regulations concerning nuisance parties, and the immediate operation of this Ordinance is necessary for the preservation of the health, safety, and general welfare, an emergency is hereby declared to exist and this Ordinance, shall be in full force and effect from and after its passage and approval by the Mayor and Council as required by law and is hereby exempt from the referendum provisions of the Constitution and laws of the State of Arizona. t 1 1 PHOENIX 77018-1 469399v1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, June 19, 2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender,Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller,Town Manager Mitesh V. Patel, Interim Town Attorney Dickinson Wright PLLC 2 PHOENIX 77018-1 469399v1