Kingston has stiff new fines to curb rowdy house parties, but they won’t be in place in time for any St. Patrick’s Day shenanigans this weekend.

“This is not a bylaw targeting students. It’s targeting behaviour,” said Mayor Bryan Paterson.

Councillors voted unanimously to approve the city’s first ever Nuisance Party Bylaw, which is patterned after other Ontario university towns. Its aim is to clamp down on rowdy behavior at large social gatherings or private house parties by putting the onus on landlords and tenants to control their guests.

Authority to enforce the bylaw will only be delegated to a Kingston police officer with a rank of sergeant or higher.

“I agree it’s definitely a good tool to have in our tool bag,” said Staff Sergeant Jody Armstrong, who told council that police would use “some discretion” before invoking the bylaw.

A nuisance party is defined as meeting one or more criteria; public intoxication, the unlawful sale or distribution of alcoholic beverages or controlled substances, damage or garbage on public or private property, obstruction of vehicle or pedestrian traffic, excessive sound such as loud music or shouting, unauthorized fireworks, public fights, outdoor public urination or defecation and gathering on rooftops.

City officials are worried about safety when people gather on private rooftops, known as ‘brewfing’

The practice, known as ‘brewfing,’ has become a growing safety concern among police and politicians as people drink alcohol on a porch or house rooftop. It’s a common off-campus scene at certain times of the year, namely, St. Patrick’s Day, Frosh Week and Homecoming weekend.

“There are a couple of times of year where we see this being a real issue, so it’s important that we’re working actively discourage that kind of behaviour,” said the mayor.

Under the new rules, Kingston police will have powers to declare that an impromptu social gathering constitutes a nuisance party. After a verbal notice is issued, all party-goers would have to immediately leave the property and, if they don’t, the party host or any visitor faces a $500 ticket (it’s actually $630 when a victim fine surcharge is included).

Greg McLean, a policy and program coordinator with the City of Kingston, helped to draft the bylaw.

“It’s a lot of money. But it’s not as high as some other municipalities. London and Guelph, for example, set their fines at $750. But we thought that $500 was an amount that would get people’s attention without being overly punitive.”

The $500 nuisance fine – which can be issued up to 30 days after an infraction – is “significantly higher” than other municipal tickets currently issued for a noisy weekend house party, where fines range from $100 to $200, McLean added.

Coun. Peter Stroud, whose Sydenham district covers the area around Queen’s University, says the bylaw is not “Draconian” and won’t be applied in all cases, noting it has been endorsed by both the Queen’s principal and the student government.

The nuisance party rules also come with much heftier fines ranging from $10,000 to $25,000, while a corporation or even a landlord could be fined up to $100,000 for subsequent offences.

However, McLean says the maximum fines will rarely be used.

“We don’t ever envision that kind of fine would be requested by our prosecutor.”

Instead, bylaw officials hope the threat of a $500 on-the-spot ticket will serve as a big enough deterrent to disperse booze-fueled crowds from front lawns, porches and rooftops of private residences, if ordered to do so by police.

Police and city bylaw officers say they will continue to enforce existing laws that handle liquor, trespassing, traffic and other Criminal Code infractions, plus municipal bylaws such as noise, littering and parking.

The nuisance bylaw bridges the gap between existing bylaws and charges under the Criminal Code, say bylaw officials.

“I see it as a Code of Conduct for the entire community,” said Mayor Paterson.

However, it won’t be enforced right away.

The province’s Attorney General must first approve the recommended fines – a process that could take until the summer. City officials plan to use the delay to meet with stakeholders and to educate students and others about the tougher rules, and penalties.

Kingston’s nuisance bylaw is expected to be in place this fall, just in time for Frosh Week and Homecoming.

However, the mayor explained: “The ultimate goal of this bylaw is not to use it.”