Reconsider Ordinance No.2015-08

The Issue

This past May, the Flagstaff City Council voted 6-1 on an ordinance intended to protect the "peace and tranquility" of the community as a whole in regards to the parties in and around the campus of Northern Arizona University. 

In essence, Ordinance No. 2015-08 sets the revises current policies in the following ways:

-A "Nuisance Party" is defined as a party of 5 OR MORE in a matter which disturbs "quiet enjoyment" of any persons or businesses, and can also be applied in times when roads are obstructed or peace is disturbed by a direct(e.g., Fighting, obstructing) or indirect(e.g., serving alcohol to minors) threats to public health.

-The "Nuisance Party" Ordinance applies to all personal and business related property.


-The first  time police officers respond to a "Nuisance Party" will result in a $250 fine, the second $500 and the third is $1000.

-If illicit activity is happening,the fines are increased to $500 for the first "Nuisance Party", $1000 for the second and $2000 for the third.


-Fines will be applied to owners and tenants alike, the owner of the property facing separate implications, such as a $250 fine for a 'nuisance party' responded to after 30 days of the first response, a $500 fine for the third, and a $1000 fine for the fourth.  


-Common 90-day probationary periods have been extended to 120 days, meaning infractions must be 4 months apart in order to be considered a first infraction. 

 
Ladies and gentlemen, this ordinance cannot stand. 

For one, this ordinance was passed May 20th, after most students had departed the city for Summer vacation, which in itself shows the intent of the Flagstaff City Council to pass this ordinance as a sly way of cultivating more income through broad policy making.

Second, this ordinance would endanger the "peace and tranquility" of families and group living situations of 5 or more, including generational homes, which leaves room for harassment and discrimination against the underprivileged who may not have the funds necessary to "spread out". 

Finally, this ordinance effectively violates students and citizens' 1st Amendment Right to Assemble by punishing them for gathering for or even being in proximity to a "nuisance party" to which a police officer(s) respond.

The Flagstaff City Council is victimizing and threatening citizens and students in an unconstitutional, but highly profitable, manner. We have already failed at allowing this ordinance to pass. We can correct our mistake by petitioning the Flagstaff City Council in order to counteract the gross discrimination against students and families, and the violation of a right guaranteed by the United States Constitution.  

This petition had 3,062 supporters

The Issue

This past May, the Flagstaff City Council voted 6-1 on an ordinance intended to protect the "peace and tranquility" of the community as a whole in regards to the parties in and around the campus of Northern Arizona University. 

In essence, Ordinance No. 2015-08 sets the revises current policies in the following ways:

-A "Nuisance Party" is defined as a party of 5 OR MORE in a matter which disturbs "quiet enjoyment" of any persons or businesses, and can also be applied in times when roads are obstructed or peace is disturbed by a direct(e.g., Fighting, obstructing) or indirect(e.g., serving alcohol to minors) threats to public health.

-The "Nuisance Party" Ordinance applies to all personal and business related property.


-The first  time police officers respond to a "Nuisance Party" will result in a $250 fine, the second $500 and the third is $1000.

-If illicit activity is happening,the fines are increased to $500 for the first "Nuisance Party", $1000 for the second and $2000 for the third.


-Fines will be applied to owners and tenants alike, the owner of the property facing separate implications, such as a $250 fine for a 'nuisance party' responded to after 30 days of the first response, a $500 fine for the third, and a $1000 fine for the fourth.  


-Common 90-day probationary periods have been extended to 120 days, meaning infractions must be 4 months apart in order to be considered a first infraction. 

 
Ladies and gentlemen, this ordinance cannot stand. 

For one, this ordinance was passed May 20th, after most students had departed the city for Summer vacation, which in itself shows the intent of the Flagstaff City Council to pass this ordinance as a sly way of cultivating more income through broad policy making.

Second, this ordinance would endanger the "peace and tranquility" of families and group living situations of 5 or more, including generational homes, which leaves room for harassment and discrimination against the underprivileged who may not have the funds necessary to "spread out". 

Finally, this ordinance effectively violates students and citizens' 1st Amendment Right to Assemble by punishing them for gathering for or even being in proximity to a "nuisance party" to which a police officer(s) respond.

The Flagstaff City Council is victimizing and threatening citizens and students in an unconstitutional, but highly profitable, manner. We have already failed at allowing this ordinance to pass. We can correct our mistake by petitioning the Flagstaff City Council in order to counteract the gross discrimination against students and families, and the violation of a right guaranteed by the United States Constitution.  

The Decision Makers

Walt Miller
Walt Miller
Flagstaff Deputy Police Chief
Flagstaff City Council
Flagstaff City Council
Jerry Nabours
Jerry Nabours
Mayor of the City of Flagstaff
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Petition created on June 8, 2015