For years, downtown Vancouver’s eclectic collection of restaurants and bars operated relatively peacefully into the wee hours.
But in 2013, the city of Portland cracked down on its entertainment district to curtail unruly late-night behavior, causing a ripple effect across the river. Portland’s launch of an Entertainment District Downtown Policing Team drove some musical entertainment acts and their fan bases to Vancouver, city officials said.
Since then, downtown Vancouver has experienced problems that include over-serving of alcohol, drunken driving, assaults, shootings, disturbances, and gang and drug activity, Vancouver Police Cmdr. Amy Foster told the city council this week. Security staff are often poorly trained, and they’re reluctant to call police because they fear a report could jeopardize their liquor license, she said. On top of that, some crime victims don’t want to press charges.
This summer, Vancouver police responded by barricading certain downtown streets at night to control traffic and keep order when entertainment venues close, unleashing a tipsy crowd. But the Vancouver Police Department doesn’t have the staffing or budget to put officers on “entertainment detail” as Portland does, Foster said.
And so, the city council is considering tackling the problem from another angle: holding the chronic-nuisance property owners or managers responsible for the harm their establishments cause in cases where they know — or should know — there’s a problem.
Under a proposed ordinance, which is modeled after those in other cities, Vancouver’s existing code enforcement process would be used to abate nuisances. Police first would try to educate property owners about ways to reduce nuisance behaviors at their establishments. Later, if police were called to the property, they would refer appropriate reports to the city’s code enforcement division. Code enforcement would have the authority to issue civil violations to the property owner/ manager and require steps to address the nuisance.
Police would continue responding to activities they normally respond to, but the proposed ordinance would give the city another tool to impose consequences on the few businesses that aren’t taking reasonable steps to keep their establishments safe, Assistant City Attorney Jonathan Young said.
However, Young told the council, “this is not a cure-all for the entertainment district.”
Foster said attempts to work with some downtown businesses that have had repeated problems haven’t been successful, despite phone calls, emails, visits, meetings, advice, and the involvement of the state Liquor Control Board, city code enforcement and the Vancouver Downtown Association to attempt mediation.
“We really have seen minimal success in terms of changes in the outcomes,” said Foster, who did not single out any businesses by name.
The city council will hold a first reading of the ordinance Oct. 12. The council will consider it for final approval Oct. 19 following a public hearing.
Under the ordinance, three or more of the following incidents at a business during a 90-day period would be considered a violation: drinking alcohol in parks or on public conveyances; excessive noise; urinating in public; fighting; provoking assault; possession of stolen property; drug possession, manufacturing or delivery; indecent exposure and prostitution; criminal street-gang activity; and any activity that constitutes a nuisance under city code.
Any one of the following activities also would constitute a violation of the ordinance: unlawful use of a weapon; recklessly endangering another person; first-degree felony sexual offense; shooting a firearm in the establishment; assault that causes substantial injury; assault with a weapon; assault with a motor vehicle; and criminal homicide.
Nuisance abatement remedies the city could take under the ordinance would include requiring the following: increasing security at the business; limiting operating hours; restricting the time and manner in which entertainment is offered; checking employees’ criminal history; restricting liquor code violations; keeping bathrooms locked with employees in control of the keys; checking customers for weapons; keeping a list of people who are barred from the premises; increasing lighting; installing video cameras and signs; checking customers’ identification; charging an entry or re-admittance fee; calling police when criminal activity is seen; setting a dress code to prohibit gang attire; and modifying the property to include noise insulation.
Lee Rafferty, executive director of Vancouver’s Downtown Association, said she worked with the city, property owners, restaurant owners and other community members to bring the ordinance forward. They want to ensure that downtown presents itself as a safe, welcoming, option-rich destination, she said Wednesday.
“There are very few properties in downtown Vancouver that are bringing anything negative to the mix,” Rafferty said. “When everybody works together to try to get to the same goal, we’ve got a shot.”
