What neighbors described as out of control parties with drinking, obscene language and excessive noise prompted the Town Council to take emergency action to pass an ordinance to control nuisance party houses in Fountain Hills.

The residence that has raised the questions is a short-term rental property where neighbors say every weekend it becomes party central with dozens of people from all over converging. The Maricopa County Sheriff’s Office (MCSO) reports going to the same address every weekend for about six weeks.

State law prohibits the town from enacting regulations limited to short-term rental housing so the new ordinance applies to all residential properties. Any ordinance must be equally applied.

Town Manager Grady Miller said when staff was asked to review the issue they looked at existing municipal ordinances related to party nuisances. What they found applies mostly to Tempe, Tucson and Flagstaff where there is a college population.

“We wanted to provide MCSO with more tools to work with in these situations,” Miller said.

Staff had originally written the ordinance to apply to any gathering of more than 12 people, but that was changed prior to the meeting and presents as 10 people. The council ultimately voted to eliminate the group size altogether.

While there was some concern expressed about small groups of family or friends getting caught up in a violation, staff said deputies will be given complete discretion to determine whether there is a violation of the ordinance.

A “nuisance party” is defined as “any gathering 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 minor or consumption of alcohol by minors, fighting, disturbing the peace or littering.”

In most instances a warning would be all that comes from an initial visit to the site. The ordinance does provide for a $250 fine on the first visit if deemed necessary.

If deputies are called back the same day a citation could be issued including a fine. Any second visit within 90 days would result in a fine of $500. A third response results in a $1,000 fine.

The ordinance is written to apply to either or both the responsible party on site or the property owner even if absent at the time.

“While (this) 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,” Town Attorney Mitesh Patel said in his staff report. “However it is the belief of MCSO and staff that the way the ordinance is written, residents who have the occasional party will not likely be impacted.”

Councilman Art Tolis raised a concern about commercial businesses that rely on music and beverages for entertaining customers.

It was noted that the downtown entertainment overlay district would be exempt.

Residents who live in the neighborhood told the council that the owner of this property specifically advertises on the internet for not only parties, but also allows events such as bachelor parties and weddings to take place at the home.

“We came here for the peace, quiet and tranquility and we have a right to enjoy our homes,” said Thorun Henning. “These are people paying to party, using foul language, they are not friends and family. There were 66 people at the last party.”

Lori Radavich said the neighborhood is being subjected to a party house that is being advertised and operated as an event venue, without proper insurance, licensing or permits.

“This is a legitimate health and safety concern, Radavich said. “Give law enforcement something to work with.”

Mayor Linda Kavanagh said that in talking with other mayors she has learned that Fountain Hills is not alone in this situation.

“Investors have their eye on Fountain Hills and are looking to buy these homes to make money,” Kavanagh said. “We can only go so far in what the town can do. HOAs do have some more authority to regulate these situations.”

The ordinance passed on a 6-0 vote and takes effect immediately.