HomeMy WebLinkAbout07-02-2013 c6 safety enhancement zone amendments
FROM: Steve Gesell, Chief of Police
Prepared By: Christine Wallace, Neighborhood Outreach Manager
SUBJECT: SAFETY ENHANCEMENT ZONE AMENDMENTS
RECOMMENDATION
Introduce an Ordinance to specify the safety enhancement zones in the City and designate an
additional city-wide safety enhancement zone for the time period encompassing the start of school
for California Polytechnic University (Cal Poly) beginning on move-in day for Cal Poly housing
and ending the second Monday morning following the beginning of the fall academic year.
DISCUSSION
On May 21, 2013, Council received a report identifying the health and safety issues experienced in
the neighborhoods at the start of the academic school year and the strategies being considered to
address the challenges it poses. The thrust of the report focused on initiating a collaborative effort
with Cal Poly, Cuesta, and Neighborhood Groups to develop short, medium and long term strategies
to address neighborhood issues. The Council supported the establishment of a Neighborhood
Wellness/Community Civility Effort with representatives from the City, Cal Poly, Cuesta College,
and Neighborhood Groups with the goal to enhance the quality of life for all residents, with
particular emphasis on building positive relations between residential and student–aged neighbors
through a cultural shift in social behaviors.
Cal Poly is concurrently enacting a variety of initiatives to require and encourage students to
participate in planned activities with housing and orientation groups. University Police will also be
assisting the City’s Police Department in response to off-campus violations and disturbances that
may involve students. Cal Poly ASI has also introduced a campaign relating to campus culture
referred to as “The Mustang Way,” which encourages students to carry out their personal conduct in
manner that reflects the principals of pride, responsibility and character both on and off campus.
Safety Enhancement
In May 2010, Council approved the use of the safety enhancement zones for Halloween and St.
Patrick’s Day. The Safety Enhancement Zone Ordinance had previously been adopted for the Mardi
Gras time period beginning in 2004. Safety enhancement has shown to be an effective deterrent to
address several types of behaviors. For example, during Halloween noise calls and subsequent
citations have reduced by 50%. Minor in possession of alcohol and urinating in public citations
showed the greatest decline. More significantly, open container citations have decreased by 70%.
The Police Department believes the decrease in violations is the primary result of educational
outreach efforts highlighting the increase in fines. This has translated into behavioral changes and
an increase in voluntary compliance with the requirements of City ordinances.
Meeting Date
Item Number July 2, 2013
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July 2, 2013
SAFETY ENHANCEMENT ZONE AMENDMENTS Page 2
The data below shows that the start of school time period is a time when a significant number of
minor in possession of alcohol, drunk in public, open container and urinating in public citations and
arrests occur. Including the start of school in safety enhancement could reduce the number of
negative behaviors and in turn, enhance student success and safety.
Start of
School
Minor in
Possession
Drunk
in
Public
Open
Container
Urinating
in Public
Unruly
Gathering
Social
Host
Noise
Party
Calls
Noise
Party
Citations
9/15/09-9/27/09 23 28 37 13 0 0 173 23
9/15/10-9/26/10 74 25 45 29 0 2 97 20
9/14/11-9/25/11 66 21 60 14 0 0 122 40
9/13/12-9/23/12 67 30 20 27 0 0 97 27
Additional data was gathered to show the significant decline in arrests and citations following
second week and weekend of the academic year.
Second
weekend
Minor in
Possession
Drunk
in
Public
Open
Container
Urinating
in Public
Unruly
Gathering
Social
Host
Noise
Party
Calls
Noise
Party
Citations
9/28/09-10/4/09 1 11 12 8 0 0 47 12
9/27-10-10/3/10 8 9 25 4 0 0 64 15
9/26/11-10/2/11 0 9 6 0 0 0 55 22
9/24/12-9/30/12 2 19 4 6 0 0 42 11
Staff recommends the safety enhancement time period begin on move-in day for Cal Poly housing
and end the second Monday morning following the beginning of the academic year. The addition of
this safety enhancement zone in combination with the other initiatives being brought forth by Cal
Poly, Cuesta College, and the City collaboratively are anticipated to significantly increase
voluntarily compliance, change cultural norms, and reduce adverse impacts in neighborhoods
relating to the start of each academic year.
FISCAL IMPACT
In general, revenue resulting from violations does not cover the costs of providing law enforcement
services. No new enforcement resources are being added to support the additional safety
enhancement period. The proposed ordinance expands the time period for existing safety
enhancement zone designations. It is unknown the amount of revenue that may be generated from
safety enhancement zone violations since it is not yet known to what extent violations will increase
or decrease. However, changes that result in increased fines are not likely to generate significant
revenue to offset the existing enforcement costs.
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July 2, 2013
SAFETY ENHANCEMENT ZONE AMENDMENTS Page 3
ALTERNATIVE
Do not introduce the ordinance. Staff does not recommend this alternative as safety
enhancement has proven to be an effective deterrent to negative behaviors.
ATTACHMENT
Ordinance designating additional safety enhancement zones
\\chstore4\Team\Council Agenda Reports\2013\2013-07-02\Safety Enhancement Zone Amend (Gesell-Wallace)
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O _____
ORDINANCE NO. (2013 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 9.22
OF THE SAN LUIS OBISPO MUNICIPAL CODE TO SPECIFY AND AMEND SAFETY
ENHANCEMENT ZONES
WHEREAS, City of San Luis Obispo Municipal Code Section 9.22.010 authorizes the
City Council, upon a finding that there is a need to take immediate action to protect the public
health, safety and welfare, to designate a specific geographical area as a “safety enhancement
zone,” and;
WHEREAS, the City Council has previously determined that the periods of time
coinciding with Mardi Gras, Halloween, St. Patrick’s Day and the start of the Cal Poly academic
school year involve conditions and circumstances throughout the city that create potential for
significant threat to public health and safety, including large crowds, excessive and illegal
alcohol consumption, and public drunkenness, and;
WHEREAS, Mardi Gras, Halloween and St. Patrick’s Day were designated as safety
enhancement zones on April 20, 2010 with Resolution No. 10165; and
WHEREAS, the City Council has observed activities and considered additional
information regarding annually recurring incidences of conduct during the time period that
coincides with the start of the Cal Poly University academic year that threaten the public peace
and safety of the neighborhoods, residents and visitors throughout the City; and
WHEREAS, the City Council wishes to expand the currently designated safety
enhancement zones in the City to prevent public harm associated with dangerous and criminal
activities coinciding with the start of the Cal Poly academic year;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council hereby finds and determines as follows:
A. That activities during the periods of time coinciding with Mardi Gras, Halloween,
St. Patrick’s Day and the start of the Cal Poly academic school year have regularly
created conditions and circumstances throughout the city that have previously resulted in
and annually create significant threats to public health and safety, including large crowds,
excessive and illegal alcohol consumption, and public drunkenness.
B. That conditions and circumstances associated with these events are not isolated to
any one area of the City and impact many different neighborhoods and the downtown.
C. That the threats to public peace and safety would be reduced by enhanced
penalties for violations of provisions of the San Luis Obispo Municipal Code specified
herein.
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Ordinance No. ----- (2013 Series) Page 2
D. That these findings are based on the knowledge and observations of the City
Council, as well as data and information provided by City residents and the Police
Department regarding increased instances of activities and criminal behavior threatening
the public peace and safety throughout the City during the time periods specified herein.
SECTION 2. Section 9.22.040 is hereby added to Chapter 9.22 of the San Luis Obispo
Municipal Code to read as follows:
9.22.040 City of San Luis Obispo safety enhancement zone
A. The entire area within the city limits of San Luis Obispo is designated a safety
enhancement zone during the Mardi Gras period, effective from 12:01 a.m. on the
Thursday preceding "Fat Tuesday" until 7:00 a.m. on the Wednesday following "Fat
Tuesday."
B. The entire area within the city limits of San Luis Obispo is designated a safety
enhancement zone from 12:01 am on March 17 (St. Patrick's Day) until 7:00 am on
March 18 of each year.
C. The entire area within the city limits of San Luis Obispo is designated a safety
enhancement zone from 12:01 am on October 31 (Halloween) until 7:00 am on
November 1 of each year. If Halloween falls on a Thursday, Friday, Saturday or Sunday,
the safety enhancement zone period will be effective at 12:01 am on the Thursday falling
on or preceding October 31 until 7:00 am on the Monday following October 31.
D. The entire area within the city limits of San Luis Obispo is designated a safety
enhancement zone from 12:01 am on the first day of Cal Poly University’s housing
move-in day until 7:00 am of the Monday following the first weekend of the fall
academic school year.
SECTION 3. Ordinance Number 1469 (2004 Series), Ordinance Number 1548 (2010
Series) and Resolution 10165 are hereby amended and superseded to the extent inconsistent
herewith.
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 2nd day of July 2013, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of 2013, on the following roll call vote:
AYES:
NOES:
ABSENT:
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Ordinance No. ----- (2013 Series) Page 3
Mayor Jan Marx
ATTEST:
Maeve Kennedy Grimes
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
J. Christine Dietrick
City Attorney
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counctl memopân
Jtrly 1,2013
TO:
FROM:
City Council
Steve Gesell, Chief of Police
Christine'Wallace, Neighborhood Outreach Manager
VIA
SUBJECT: Questions Regarding Safety Enhancement Zone Ordinance
The amended Safety Enhancement Zone ordinance is a consent item on the 7l2ll3 agenda. The
proposed language is as follows:
The entire area with the city limits of San Luis Obispo is designated a safety
enhancement zonefrom 12:01 am on theJìrst day of Cal Poly University's housing move-
in day until 7:00 am of the Monday following the /irst weekBnd of the fall academíc
school year.
Staffhas received a question regarding the lack of a specific date in the ordinance provision and
the effect on enforceability. Housing and orientation schedules change annually and the total
number of days would fluctuate from year to year. However, the dates are reasonably certain and
widely publicly available significantly in advance of any enforcement period, which allows for
publication of specific dates and broad informational outreach.
Cal Poly Housing and the Week of V/elcome Orientation program dates have been determined
for the upcoming academic year and are determined and publicized by Cal Poly well in advance
of each academic year. This year, the frst day of housing move-in will be Tuesday, September
17, 2013 with Week of V/elcome Orientation also starting Tuesday, Sepember 17 md
concluding on Sunday, September 22,2013. Academic instruction begins Monday, September
23,2013. Should the Safety EnhancementZone be adopted for the start of school as proposed, it
would cover the time periods as follows:
Tuesday, September ll úl2z0l a.m. through Monday, September29r20l3 at 7:00 a.m. (13
days total.)
The Police Department will ensure Cþ wide notification through a legal ad, media release,
social medi4 print media ads and flyers providing notice to residents and visitors to the City as
well as through collaboration with Cal Poly Universþ to reach the student population prior to
the beginning of the academic year. A legal noticing provision could be expressly incorporated
into the ordinance if the Council so desires.
Katie Lichtig, City Manag - W
R ED
0 2 2013
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