HomeMy WebLinkAboutItem 6a. Introduction of an Ordinance amending Municipal Code Section 9.22.040 - Safety Enhancement Zones Item 6a
Department: Police
Cost Center: 8001
For Agenda of: 1/9/2024
Placement: Public Hearing
Estimated Time: 60 Minutes
FROM: Rick Scott, Police Chief
Prepared By: Fred Mickel, Deputy Chief
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING MUNICIPAL CODE
SECTION 9.22.040 - SAFETY ENHANCEMENT ZONES
RECOMMENDATION
Introduce an Ordinance entitled, “An ordinance of the City Council of the City of San Luis
Obispo, California, amending chapter 9.22 (Safety Enhancement Zones) of the Municipal
Code to revise and expand the dates and times during which the Safety Enhancement
Zone applies to St. Patrick’s Day and Halloween .”
DISCUSSION
REPORT IN BRIEF
The proposed ordinance aims to amend Section 9.22.040 of the City of San Luis Obispo
Municipal Code, expanding Safety Enhancement Zones to include additional city-wide
safety periods surrounding St. Patrick's Day and Halloween.
The Safety Enhancement Zone Ordinance, enacted in 2004, designates the entire city as
a safety zone during specified times, leading to higher fines for related co de violations.
The current amendment seeks to include specific days before and after St. Patrick's Day
and Halloween.
The expansion is prompted by the emergence of "St. Fratty's Day," a precursor event to
St. Patrick's Day and the growth of Halloween celebrations in the neighborhoods. These
events are causing significant disruptions, property damage, misuse of alcohol and
notably the roof collapse incident in March 2015. The Police Department now conducts
proactive outreach, but challenges persist in predicting and managing the spontaneous
nature of these celebrations.
This report includes data on calls for service, noise complaints, citations, and other
violations during St. Patrick's Day, "St. Fratty's Day," and Halloween, operational
expenses associated, and recommended changes as follows.
Page 389 of 605
Item 6a
1. St. Patrick's Day: Expand the Safety Enhancement Zone to include the two
weekends prior to St. Patrick's Day.
2. Halloween: Adjust the Safety Enhancement Zone to cover the weekend prior and
the weekend following October 31st, regardless of the day Halloween falls on.
The proposed amendments aim to address ongoing challenges associated with these
events, enhance public safety, and reduce the impact of disruptive behavi ors on the
community.
Background
The purpose of this item is to introduce an ordinance to amend Section 9.22.040 to
expand the City’s Safety Enhancement Zones for additional city -wide safety
enhancement to include days after and before both Saint Patric k’s Day and Halloween as
shown in Attachment A.
In December 2004, the City Council enacted Chapter 9.22 of the San Luis Obispo
Municipal Code which created a process to designate the entire City as a safety
enhancement zone. Specific dates/times would be established as the zones based upon
a finding by the Council that such a designation is necessary to protect the public health,
safety, and welfare of the citizens of San Luis Obispo.
Since 2004, Council has adopted and amended several public safety-related Municipal
Code codes which have higher fines when a safety enhancement zone is in effect. These
ordinances include:
Chapter 9.04 Possession or consumption of alcohol in public
Chapter 9.05 Social Host - minors consuming or possessing alcohol
Chapter 9.12 Noise control
Chapter 9.16 Dangerous and Deadly Weapons
Chapter 9.20 Urinating in Public
Chapter 9.22 Unruly Gathering
Currently, fines for these Municipal Code violations outside of the safety enhancement
zone period are $350 for a first offense, $700 for a second offense within a 12 -month
period, and $1,000 for third or subsequent offenses in a 12-month period. Violations
during the safety enhancement period are double with a first offense fine of $700 and
second and subsequent offenses fined at $1,000 in a 12-month period. A violation under
this chapter may be prosecuted either criminally or administratively pursuant to Chapter
1.24, (Administrative Code Enforcement Procedures).
In addition, violations of the Unruly Gathering ordinance are $700 for a first offense to the
individuals found responsible for the gathering or a $350 first-time fine for those that are
in attendance. During the safety enhancement time period, those found responsible for
the gathering are fined $1,000 for the first and subsequent offenses in a 12-month period.
Participants found in violation of an unruly gathering are fined $700 for a first offense and
$1,000 for subsequent offenses in a 12-month period.
Page 390 of 605
Item 6a
The Police Department conducts extensive outreach annually to inform students and
residents of all safety enhancement zones. For St. Patrick’s Day Safety Enhancement
Zone ordinance, the communication plan, using the “Avoid Party Regret” theme, has
included neighborhood outreach through the Student Community Liaison C ommittee,
direct outreach to residents, paid social media ads, organic social media posts, and
flyers/posters distributed to both Cal Poly and Cuesta College. In-person outreach is
provided to student groups at Cal Poly Fraternity and Sorority Life (FSL) a nd various
individual FSL organizations if invitations are extended. Cal Poly assists with video screen
ads in the UU, poster distribution on campus, and an e-blast from Student Affairs. Cuesta
College provides an e-blast to students of the safety enhancement zone information. The
Police Department provides safety enhancement informational posters to Downtown SLO
who assist with distribution to the downtown alcohol outlets (and Downtown SLO bar
owners help provide the funding for portable toilets to be stat ioned at various locations
throughout downtown.)
Safety Enhancement Zone History
The Safety Enhancement Zone Ordinance had previously been adopted in December of
2004 for the February Mardi Gras time period due to the impact of the nuisance behaviors
and civil unrest associated with this event. Implementation of the ordinance, along with
increased enforcement, was found to be a successful outreach and enforcement tool.
Within a short period of time, the problems typically associated with the Mardi Gras
festivities largely stopped.
Over time, other key dates were identified as periods of nuisance partying and adverse
behaviors that impacted the health and safety of residents and neighborhoods. In May
2010, the Council approved the use of a safety enhancement zone for Halloween and St.
Patrick’s Day. In August 2013, the Council approved the use of a safety enhancement
zone for the start of the Cal Poly school year. Designating safety enhancement zone
periods, coupled with outreach, education, and enforcement, has shown to be an effective
deterrent to address behaviors associated with alcohol, noise, and other neighborhood
wellness concerns.
St. Patrick’s Day and “St. Fratty’s” Celebrations
Currently, the safety enhancement zone for St. Patrick’s Day is 12:01 a.m. the morning
of March 17th to 7:00 am the morning of March 18th. St. Patrick’s Day is a heavily impacted
occasion that requires additional police resources and outreach in order to manage
adverse party behavior and alcohol violations occurring both in the downtown and
neighborhood areas.
In order to avoid the specific day of March 17th and associated increased fines, since
2014, organized and private efforts have been made to plan and private individuals and
groups encourage participation in similar party-related activities outside of this one-day
safety enhancement time period. This event, typically a pre-cursor to St. Patrick’s Day, is
referred to as “St. Fratty’s Day”.
Page 391 of 605
Item 6a
Over several years St. Fratty’s Day has been organized and celebrated in our community.
Traditionally, the event has occurred in the early hours of a weekend day in the month of
March, prior to St. Patrick’s Day. Knowledge of the date and time are not readily known
to law enforcement and the general community, and it is difficult to predict the exact timing
to have appropriate resources available to deal with noise complaints, alcohol violations,
and other adverse behaviors.
The celebration has drawn thousands of participants who converge into the residential
areas on the north side of town near the perimeter of the Cal Poly campus, often drawn
to the house parties that are planned and organized by the fraternities of Cal Poly. Much
of the hype around this event ha s been coordinated by word of mouth or social media
outlets. Although some of the organizations attempt to offer controlled or private parties,
the nature of the atmosphere causes individuals to participate in mass and roam the
impacted neighborhoods.
Roof Collapse in 2015
St. Fratty’s Day has had a history of occurring in the 300 block of Hathaway (and the
surrounding area) including a residence referred to as the “Pink House”. In the early
morning hours of March 7, 2015, thousands of college-age participants converged on this
residential area. Several dozen students climbed onto the top of a nearby garage roof
and the weight of the numerous bodies caused the garage to collapse1. This was declared
a mass-casualty incident (MCI) by the first arriving Fire Department personnel. Fire crews
encountered a total of eight patients, one with serious injuries after becoming impaled on
a broken piece of lumber and seven with non -life-threatening injuries. Initial patient
access was delayed, as responding units encountered heavy foot traffic and crowds in
the area.
This event brought a great deal of attention to the university and community. The police
department was not prepared with staffing to safely manage the magnitude of the event.
There was a need to request mutual aid assistance from outlying police agencies
including Cal Poly Police, the California Highway Patrol, and the SLO County Sheriff’s
Department. The incident prompted a criminal investigation by the Police Department;
however, no charges were filed. Additionally, an investigation was completed by the Cal
Poly Student Affairs Office where one of the conclusions of their investigative report
stated, “Students attempting to hold an annual event outside the ‘period of increased
fines’ for city code violations are contributing to a lack of preparedness and early
response.”
Although St. Fratty’s Day began occurring in our community in 2014, the unpredictable
situation involving the roof collapse in 2015 was very concerning and prompted the Police
Department to evaluate staffing and put measures in place to discourage future
unacceptable behavior. In working with Cal Poly, the police department embarked on a
media campaign to educate the student-age residents on being responsible neighbors
and taking ownership in the community in which they live. The City adopted standards
under 17.76.090 restricting rooftop uses.
1 Rooftops are generally not designed to handle any live load and hence why the City adopted section
17.76.090 in 2018.
Page 392 of 605
Item 6a
St. Patrick’s and St. Fratty’s Day preparation
In advance of St. Patrick’s Day and St. Fratty’s Day, the police department now conducts
focused and intentional outreach prior to the month of March and the first two weeks of
March. Outreach includes social and print media and directing officers to visit residences
that historically have been problem locations. Specific outreach is directed to the
Fraternity and Sorority Life (FSL) organizations that are known to organize St. Fratty’s
Day parties. This early intervention is nece ssary to establish reasonable expectations,
educate potential participants of neighborhood responsibilities, and advise students of
enforcement outcomes for non-compliance.
Determining the exact date of “St. Fratty’s” is is challenging as the event tends to be
“spontaneous” requiring the department to do some investigations to determine the exact
date, time, and location (s). Even with specific insight gathered, there always remain
conflicting reports causing the department to speculate on the exact nature of what may
occur and how to prepare and plan resources
In order to be responsive to the residents and the safety of the students involved, the
department fully deploys all officers and dispatchers to be prepared for increased activity.
This preparedness by the department involves using overtime and incurring unbudgeted
expenses dedicated to this possible range of intensities to mitigate disturbances and
dangers to the community.
Since the inception of St. Fratty’s Day, the impacts of the crowd's negative behaviors on
the neighborhoods have steadily increased year to year. Last year the crowds were
estimated to be approximately 3,000 to 4,000 people. Although the planning and
preparation for St. Fratty’s Day was successful, an environment persists in the
surrounding neighborhoods adjacent to Cal Poly that encourages people to plan parties
and circulate in mass in the neighborhoods. Violations of the law continue to occur, and
other neighborhood wellness concerns, particularly crowd size, noise, and property
safety, are constant. There are numerous noise violations, excessive alcohol
consumption, and persons engaged in other adverse behaviors requiring the Police
Department to overstaff officers and dispatchers in order to safely police this event.
The following is data from the last two years for St. Patrick's Day as well as St. Fratty’s
Day.
St. Patrick’s Day SEZ – midnight 3/17 to 7am 3/18
Calls for
service
Noise
calls
Noise
citations
Noise
Warnings
Open
container
Public
urination
Unruly
gathering DUI MIP
Drunk in
public
2019 96 6 3 2 0 0 0 2 0 8
2020 84 7 1 0 0 0 0 0 0 0
2021 131 4 2 0 0 0 0 3 0 1
2022 131 5 0 0 1 1 0 0 0 3
2023 169 31 11 3 0 14 0 3 3 4
Page 393 of 605
Item 6a
St. Fratty’s Day
In 2023, the police department tracked operational expenses (personnel and outreach
materials) to manage St. Fratty’s and the amount was estimated at $38,000.
Halloween
The City and the Police Department are seeing issues arise surrounding the Halloween
holiday similar to St. Patrick’s Day. Currently, the safety enhancement zone for Halloween
is as follows: if Halloween falls on a Monday, Tuesday, or Wednesday, the zone only
covers Halloween on October 31st at 12:01 a.m. in the morning to 7:00 a.m. on November
1st. If Halloween falls on a Thursday, Friday, Saturday, or Sunday, the zone extends from
12:01 a.m. on Thursday and concludes at 7:00 a.m. on the following Monday.
In the past two years, as Halloween has fallen on Monday (2022) and Tuesday (2023),
the party-related activities associated with Halloween fall outside of the one -day safety
enhancement time period. Activities generally happen the weekend prior to Halloween
starting at Farmers’ Market on Thursday and extend through Friday and Saturday nights.
This extended activity around Halloween requires the Police Department to have a
maximum deployment of officers for the entire weekend.
Halloween Preparation
In advance of Halloween, the police department conducts focused and intentional
outreach in early October. Outreach includes paid social media ads, organic social media
posts, posters, presentations to the Inter-fraternal Council, United Sororities and
Fraternity Council, Panhellenic Council, Student Community Liaison Committee, the
Downtown Beautification Committee, and e-blasts to property managers and large
housing complexes in the city. The information includes the violations subject to increased
fiscal penalties, party registration and reminders to not drink and drive and call for help if
help is needed.
The following is data from the last two years for Halloween as well as Pre -Halloween
weekend.
Halloween SEZ – midnight 10/31 to 7am 11/1
Calls for
service
Noise
calls
Noise
citations
Noise
Warnings
Open
container
Public
urination
Unruly
gathering DUI MIP
Drunk in
public
2022 120 1 0 0 1 0 0 1 0 4
2023 113 3 1 1 0 1 0 1 0 2
Calls for
service
Noise
calls
Noise
citations
Noise
Warnings
Open
container
Public
urination
Unruly
gathering DUI MIP
Drunk in
public
3.16.2019 101 13 3 7 10 3 0 2 0 2
3.14.2020 110 27 12 5 5 1 0 0 0 4
3.13.2021 160 31 5 2 0 0 0 3 0 5
3.12.2022 185 33 15 4 5 1 6 3 0 7
3.18.2023 115 41 20 0 26 1 2 1 1 3
Page 394 of 605
Item 6a
Pre-Halloween weekend
Calls for
service
Noise
calls
Noise
citations
Noise
Warnings
Open
container
Public
urination
Unruly
gathering DUI MIP
Drunk in
public
10.27-30.2022 507 43 3 15 20 1 0 1 3 5
10.26-28.2023 429 109 15 29 16 9 2 4 0 2
The following is data for 2019, 2020 and 2021. The safety enhancement zone for 2020
and 2021 encompassed four days surrounding Halloween including October 31 st. The
celebrations for Halloween did not occur outside of these dates. It should be noted that
2020 and 2021 were also under pandemic restrictions.
Calls
for
service
Noise
calls
Noise
citations
Noise
Warnings
Open
container
Public
urination
Unruly
gathering DUI MIP
Drunk in
public
10.31-11.4.2019 427 53 5 17 11 0 0 1 0 12
10.29-11.2.2020 465 32 9 0 2 3 0 4 0 6
10.28-11.1.2021 594 25 3 9 2 1 0 3 1 7
In 2023 the police department tracked operational expenses (personnel and outreach
materials) to manage Halloween and the amount was estimated at $28,000.
Recommended period of time for St. Patrick’s Day safety enhancement changes
In an effort to reduce the impact of St. Fratty’s Day, the following is proposed: along with
the current St. Patrick’s Day SEZ that begins at 12:01 a.m. on 3/17 until 7:00 a.m. on 3/18
it is put forward to include the two weekends prior to St. Patrick’s Day, beginning at 12:01
a.m. on Friday and end on 7:00 a.m. Monday morning. Should St. Patrick’s Day fall on a
Friday, Saturday, or Sunday the safety enhancement period would begin at 12:01 am on
Friday and end at 7:00 am on Monday. The reason for this is as mentioned above St.
Fratty’s Day is a moving target and historically happens the weekends before the St.
Patrick’s Day holiday.
Recommended period of time for Halloween safety enhancement changes
In an effort to reduce the impact of Halloween, the following is proposed: if Halloween
falls on a Thursday, Friday, Saturday, or Sunday, the safety enhancement zone period
will be effective at 12:01 a.m. on the Thursday falling on or preceding October 31st until
7:00 a.m. on the Monday following October 31st and to include the weekend prior from
12:01 a.m. Friday until 7:00 a.m. Monday morning. If Halloween falls on a Monday,
Tuesday, or Wednesday, the SEZ will include the previous Thursday at 12:01 a.m.
through Monday at 7:00 a.m. and 12:01 am Oct. 31st to 7 am on Nov. 1st.
Public Engagement
The Police Department has coordinated several outreach opportunities with stakeholders
to present the proposed changes to the Safety Enhancement Zone during the months of
November and December. Meetings have included the Student Community Liaison
Committee, Cal Poly Associated Students Incorporated External Affairs, United Sorority
and Fraternity Life (cultural organizations), Panhellenic Council (sororities), Inter-
Fraternal Council (fraternities), Residents for Quality Neighborhoods, and Downtown
SLO. Feedback captured from this outreach is attached to this report. (Attachment C).
Page 395 of 605
Item 6a
ENVIRONMENTAL REVIEW
Amendment of the City’s Safety Enhancement Zone is not a project under the California
Environmental Quality Act (CEQA), and enforcement actions are categorically exempt
pursuant to CEQA Guidelines section 15321(b).
FISCAL IMPACT
Budgeted: No Budget Year: 2024-25
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund 0 0 0 0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
In general, revenue resulting from violations does not correlate to the cost of providing
law enforcement services nor can the City create a method by which the revenue from
fines pay for specific services.
Additional enforcement resources are not being requested 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.
Staffing costs (for overtime deployment) for this time period would be consistent with the
costs during the 2023 St. Patrick’s/ Fratty’s Day and Halloween deployments. Those
overtime costs were estimated to be up to $38,000 for each holiday.
ALTERNATIVES
Do not amend the ordinance. Staff does not recommend this alternative as safety
enhancement has proven to be an effective deterrent to address negative behaviors when
coupled with enforcement.
ATTACHMENTS
A - Draft Ordinance adopting Safety Enhancement Zone Amendment
B - Chapter 9.22 Safety Enhancement Zones Municipal Code
C - Stakeholder Feedback on Safety Enhancement Zone Amendment
D - Safety Enhancement Zone Amendment Presentation
Page 396 of 605
O ______
ORDINANCE NO. _____ (2024 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING CHAPTER 9.22 (SAFETY
ENHANCEMENT ZONES) OF THE MUNICIPAL CODE TO REVISE AND
EXPAND THE DATES AND TIMES DURING WHICH THE SAFETY
ENHANCEMENT ZONE APPLIES TO ST. PATRICK’S DAY AND
HALLOWEEN
WHEREAS, City of San Luis Obispo Municipal Code Section 9.22.040 B. currently
provides, regulations for the Safety Enhancement Zone to St. Patrick’s Day:
B. The entire area within the city limits of San Luis Obispo is designated a safety
enhancement zone from 12:01 a.m. on March 17th (St. Patrick’s Day) until seven
a.m. on March 18th of each year.
WHEREAS, City of San Luis Obispo Municipal Code Section 9.22.040 C. currently
provides, regulations for the Safety Enhancement Zone to Halloween:
C. The entire area within the city limits of San Luis Obispo is designated a safety
enhancement zone from 12:01 a.m. on October 31st (Halloween) until seven a.m.
on November 1st of each year. If Halloween falls on a Thursday, Friday, Saturday
or Sunday, the safety enhancement zone period will be effective at 12:01 a.m. on
the Thursday falling on or preceding October 31st until seven a.m. on the Monday
following October 31st.
WHEREAS, these two events (St. Patrick’s Day and Halloween) have celebration
activities associated with them on, before and around the actual dates of the events
(March 17 for St. Patrick’s Day, October 31 for Halloween) that result in large numbers of
individuals, which can be into the thousands, celebrating in public, particularly in the
downtown and certain neighborhood areas of the City near the Cal Poly campus. The
impacts of unlawful and adverse behaviors associated with these events have steadily
increased over the past few years; and
WHEREAS, to maintain public health, safety, and welfare, and to address
increased unlawful and adverse behaviors that occur during the celebrations associated
with St. Patrick’s Day and Halloween, the City of San Luis Obispo Police Department fully
deploys available officers and dispatchers to be prepared for and re spond to increased
unlawful and adverse activity during these celebrations, in addition to conducting public
outreach via social media and other sources to try to minimize unlawful and adverse
behaviors. This results in the Police Department using overtime and incurring substantial
unbudgeted expenses to provide adequate staffing to cover these events. At times, the
magnitude of these celebrations has resulted in the need to request mutual aid assistance
from other police agencies, including Cal Poly Police, the California Highway Patrol, and
the San Luis Obispo County Sheriff’s Department; and
Page 397 of 605
Ordinance No. _____ (2024 Series) Page 2
O ______
WHEREAS, determining the exact times when celebrations associated with St.
Patrick’s Day and Halloween will occur is difficult to predict but, based on historical data
and information, celebrations and the need for enhanced law enforcement staffing
associated with St. Patrick’s Day (including so-called “St. Fratty’s Day celebrations) tend
to occur primarily during the two weekends before and on the day of the event, and
celebrations associated with Halloween tend to occur primarily from the Thursday of or
before Halloween through the following Monday morning; and
WHEREAS, the Police Department conducts public outreach to attempt to mitigate
adverse impacts of the activities associated with the celebration of St. Patrick’s Day and
Halloween and has found that adverse activities tend to be reduced significantly when a
Safety Enhancement Zone, with its resulting increased fines and penalties, is in place;
and
WHEREAS, expansion of the dates and times during which a Safety Enhancement
Zone is in effect related to St. Patrick’s Day and Halloween will help reduce the unlawful
and adverse activities that occur during celebrations associated with these events and
will enhance the Police Department’s ability to maintain public health, safety, and welfare
during the celebrations associated with these events within available department
resources.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The Council hereby finds and declares the following:
a) St. Patrick’s Day and Halloween have celebration activities associated with
them on, before, and around the actual dates of the events (March 17 for St.
Patrick’s Day, October 31 for Halloween) that result in large numbers of
individuals, which can be into the thousands, celebrating in public, particularly
in the downtown and certain neighborhood areas of the City near the Cal Poly
campus. Impacts of unlawful and adverse behaviors associated with these
events have steadily increased over the past few years.
b) To maintain public health, safety, and welfare, and to address increased
unlawful and adverse behaviors that occur during the celebrations associated
with St. Patrick’s Day and Halloween, the City of San Luis Obispo Police
Department fully deploys available officers and dispatchers to be prepared for
and respond to increased unlawful and adverse activity during these
celebrations, in addition to conducting public outreach via social media and
other sources to try to minimize unlawful and adverse behaviors. This results
in the Police Department using overtime and incurring substantial unbudgeted
expenses to provide adequate staffing to cover these events. At times, the
magnitude of these celebrations has resulted in the need to request mutual aid
assistance from other police agencies, including Cal Poly Police, the California
Highway Patrol, and the San Luis Obispo County Sheriff’s Department.
Page 398 of 605
Ordinance No. _____ (2024 Series) Page 3
O ______
c) Determining the exact times when celebrations associated with St. Patrick’s
Day and Halloween will occur is difficult to predict but, based on historical data
and information, celebrations and the need for enhanced law enforcement
staffing associated with St. Patrick’s Day (including so -called “St. Fratty’s Day
celebrations) tend to occur primarily during the two weekends before and on
the day of the event, and celebrations associated with Halloween tend to occur
primarily from the Thursday of or before Halloween through the following
Monday morning.
d) Having a Safety Enhancement Zone in effect, with increased fines for municipal
code violations, has proven to reduce unlawful or adverse activities while the
Safety Enhancement Zone is in effect. Expansion of the dates and times during
which a Safety Enhancement Zone is in effect related to St. Patrick’s Day and
Halloween will help reduce the unlawful and adverse activities that occur during
celebrations associated with these events and will enhance the Police
Department’s ability to maintain public health, safety, and welfare during the
celebrations associated with these events within available department
resources.
SECTION 2. Section 9.22.040 B. of the San Luis Obispo Municipal Code shall be
amended to expand the dates and times during which a Safety Enhancement Zone is in
effect in relation to St. Patrick’s Day, to read as follows:
B. The entire area within the city limits of San Luis Obispo is designated a safety
enhancement zone from 12:01 a.m. on March 17th (St. Patrick’s Day) until seven a.m. on
March 18th of each year with the following modifications and additions. If St. Patrick’s
Day falls on a Friday, Saturday, or Sunday, the safety enhancement zone period will be
in effect from 12:01 a.m. on the Friday of or prior to St. Patrick’s Day to seven a.m. the
following Monday. The safety enhancement zone period will also be in effect during the
two weekends immediately prior to St. Patrick’s Day from 12:01 a.m. Friday until seven
a.m. Monday for each weekend unless St. Patrick’s Day falls on a Monday, in which case
the safety enhancement zone period for the weekend immed iately prior to St. Patrick’s
Day will be in effect from 12:01 a.m. on the Friday prior to St. Patrick’s Day until seven
a.m. on March 18th.
SECTION 3. Section 9.22.040 C. of the San Luis Obispo Municipal Code shall be
amended to expand the dates and times during which a Safety Enhancement Zone is in
effect in relation to Halloween, to read as follows:
C. The entire area within the city limits of San Luis Obispo is designated a safety
enhancement zone related to Halloween (October 31st) during the following time periods.
If Halloween falls on a Monday, Tuesday, or Wednesday, the safety enhancement zone
period will be in effect from 12:01 a.m. on the previous Thursday until seven a.m. o n
November 1st. If Halloween falls on a Thursday, Friday, Saturday or Sunday, the safety
enhancement zone period will be in effect from 12:01 a.m. on the Thursday falling on or
preceding October 31st until seven a.m. on the Monday following October 31 st and will
also be in effect during the weekend immediately prior to Halloween from 12:01 a.m.
Friday to seven a.m. Monday.
Page 399 of 605
Ordinance No. _____ (2024 Series) Page 4
O ______
SECTION 4. All prior ordinances affecting the provisions herein are superseded to
the extent inconsistent herewith but shall otherwise remain in full force and effect.
SECTION 5. Publication. 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 New Times, 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.
SECTION 6. Severability. If any provision of this Ordinance is held invalid by a
court of competent jurisdiction, such provision shall be considered a separate, distinct,
and independent provision and such holding shall not affect the validity and enforceability
of the other provisions of this Ordinance.
INTRODUCED and ADOPTED on the ____ day of ____, 2024, by the Council of
the City of San Luis Obispo on the ____ day of ____, 20 24, on the following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on _________________________.
___________________________
Teresa Purrington,
City Clerk
Page 400 of 605
Chapter 9.22 San Luis Obispo Municipal Code, Safety Enhancement Zones Page 1 of 3
The San Luis Obispo Municipal Code is current through Ordinance 1730, passed October 3, 2023.
Chapter 9.22
SAFETY ENHANCEMENT ZONES
Sections:
9.22.010 Designation process.
9.22.020 Safety enhancement zone penalties and violations.
9.22.030 Prosecution criminally or administratively.
9.22.040 City of San Luis Obispo safety enhancement zone.
9.22.010 Designation process.
The city council may by ordinance, or by resolution upon a finding that there is a need to take
immediate action to protect the public health, safety and welfare, designate a specific geographical
area as a “safety enhancement zone” and specify the date and/or time that the designation is
effective upon a finding that the geographical area is subject to unique conditions and circumstances
during a specific period of time that create the potential for a significant threat to public health and
safety and that the threat would be reduced by enhanced penalties for violations of provisions of the
San Luis Obispo Municipal Code. The ordinance or resolution establishing a safety enhancement
zone shall contain the following provisions:
A. A description of the geographical area comprising the safety enhancement zone; and
B. The date and time, or other specific description of the time period during which the safety
enhancement zone designation is applicable to the geographical area. (Ord. 1469 § 1 (part), 2004)
9.22.020 Safety enhancement zone penalties and violations.
A. Any violation of designated sections of the San Luis Obispo Municipal Code that is committed
within an area that has been designated by the city council as a safety enhancement zone, and
during the time that designation is effective, shall be subject to a fine that is twice the amount of the
fine specified for the designated municipal code sections, up to a maximum of one thousand dollars.
B. Safety Enhancement Zone Violations. Fines for violations committed in the safety enhancement
zone shall apply to the following provisions: Chapter 9.04 (Possession of Open Containers or
Consumption of Alcoholic Beverages in Public Places), Chapter 9.05 (hosting a gathering where
underage persons consume alcohol), Chapter 9.12 (Noise Control), Chapter 9.13 (Unruly
Gatherings), Chapter 9.16 (dangerous and deadly weapons), and Chapter 9.20 (urination in public).
Violations of Chapter 2.24 (Emergency Services), or of any duly enacted rule or regulation pursuant
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Chapter 9.22 San Luis Obispo Municipal Code, Safety Enhancement Zones Page 2 of 3
The San Luis Obispo Municipal Code is current through Ordinance 1730, passed October 3, 2023.
to Chapter 2.24, or of any local (city or county of San Luis Obispo), state of California, or United
States emergency or public health emergency measure, order or directive issued pursuant to any
declared local, state, or federal emergency applicable within the city shall be subject to enforcement
throughout the geographic limits of the city under this section immediately upon declaration of the
emergency, and for the duration of the declared emergency, and shall be subject to an immediate
one thousand dollar penalty as an immediate threat to public health or safety. A separate offense
shall be deemed to have been committed whenever a person repeats the act that constitutes the
violation. (Ord. 1692 § 4, 2021; Ord. 1548 § 2, 2010)
9.22.030 Prosecution criminally or administratively.
A violation under this chapter may be prosecuted either criminally or administratively pursuant to
Chapter 1.24. (Ord. 1469 § 1 (part), 2004)
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 seven 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 a.m. on March 17th (St. Patrick’s Day) until seven a.m. on March 18th of each year.
C. The entire area within the city limits of San Luis Obispo is designated a safety enhancement
zone from 12:01 a.m. on October 31st (Halloween) until seven a.m. on November 1st of each year. If
Halloween falls on a Thursday, Friday, Saturday or Sunday, the safety enhancement zone period will
be effective at 12:01 a.m. on the Thursday falling on or preceding October 31st until seven a.m. on
the Monday following October 31st.
D. The entire area within the city limits of San Luis Obispo is designated a safety enhancement
zone from 12:01 a.m. on the first day of Cal Poly University’s housing move-in day until seven a.m.
of the Monday following the first weekend of the fall academic school year. (Ord. 1590 § 2, 2013)
The San Luis Obispo Municipal Code is current through Ordinance 1730, passed October 3,
2023.
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Chapter 9.22 San Luis Obispo Municipal Code, Safety Enhancement Zones Page 3 of 3
The San Luis Obispo Municipal Code is current through Ordinance 1730, passed October 3, 2023.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code.
Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance
cited above.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Hosted by Code Publishing Company, A General Code Company.
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Stakeholder Meetings
11/16/2023 - Student Community Liaison Committee
Concern that students will be contentious
Concern that more days added would be too much, too long
Understanding of the days being proposed
Support for intentional messaging
Concern the Jan. 9th meeting too soon, consider pushing to Jan. 16th
11/27/2023 – Cal Poly Associated Students Incorporated External Affairs
Are the two weekends in March because we don’t know when St. Fratty’s
will be? Yes
Does the SEZ apply to the whole city? Yes
Has there been a substantial decrease in violations in other SEZs? Yes
Is there an increased police presence? Yes
How is the SEZ information shared with students? Communication plan
includes in-person information sharing at FSL meetings, social media paid
and organic posts, posters, and Student Affairs email.
Last year, why didn’t the police “do anything” when the big crowd gathered?
Explained the decision of not creating a contentious situation to keep party
people and officers safe.
Why do double fines during SEZ instead of all the time? Not constitutional.
How to SEZ allow PD to bring in mutual aid? The zones allow PD to plan in
advance when to increase staff and request mutual aid.
Why does PD bring in mutual aid? To help manage incidents and even ts
that may become contentious.
Concern: a bigger police presence could cause students to react.
Do you anticipate push back from students? Yes, and these stakeholder
meetings are part of getting information to residents in advance of the
amendments going to Council.
Additional feedback: use stats on arrests and injuries in SEZ marketing, use
injury prevention messaging, partner with the Mustang News to provide info
to students, partner with ASI for Instagram “takeover” to share information
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11/27/2023 – United Sorority and Fraternity Life (cultural organizations)
What data supports doing the amendment? Arrest and citation data, to be
included in the amendment report
What does “more patrol” mean during a SEZ? The zones are max
deployment days where more staff is scheduled, mutual aid may be
requested
11/30/2023 – Panhellenic Council (Sororities)
Can parties be registered during SEZ? Yes, on Fridays and Saturdays.
Does SEZ mean enhanced police presence? Yes, there are more officers
scheduled to be able to handle the call volume.
Is party registration a goal of SEZ? No.
Concern shared that there are too many restrictions for party registration.
Concern shared that the amendments may have an adverse effect, students
will be angry and become more agitated and aggressive towards LE
Concern shared that police only show up when there’s a noise complaint and
people should “get over it because this is a college town”
Concern shared the including multiple weekends is absurd, it restricts sororities
from recruitment and the ability to hold events
Feedback provided that communication should include data and fact sheets,
provide tips on how folks can avoid citations and arrests
Feedback provided to “look at other strategies to minimize behaviors” -
Response from DC Mickel “Yes! Give us suggestions on strategies.”
Feedback provided to include communication on telling residents they can call
SLOPD if their event gets out of hand for help. - Response from Wallace,
provided example of Halloween and Sigma Nu calling and asking for help, help
was provided.
Concern shared that there is “zero fun” year round and extending the dates
aren’t the best idea.
Feedback provided that consequences of poor behavior are provided clearly,
visits to general council meetings f or FSL should occur to share information.
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12/5/2023 – Inter Fraternal Council (Fraternities)
Question, why the change? Response, party behaviors are becoming more
dangerous
Are SEZs a deterrent? Yes.
Is the goal to issue more tickets? No, the goal is safety. The crowd has doubled in
size each year since 2021 and behaviors like climbing utility poles and over
consumption is very concerning. Ambulance example provided.
Is adding an extra weekend the best idea? Asked the group what suggestions they
had instead of adding days, none were provided.
Does SEZ just mean increased patrol? Yes, and the fines.
Concern: orgs are just all collectively getting double fines.
Concern: with added dates, 6 or 7 weekends of the year will be double fines.
Confirmed - 6 of 35 weekends of 24/25 academic year would be double fines
(17%).
Question: what does PD consider a reasonable party? Wallace: what’s not
reasonable is bringing in portal toilets and setting up a full-size DJ stand in a
residential backyard.
Question: can City Council make it [the dates] fluctuate? Yes, council could decide
to grant authority to the City Manager or the Police Chief to deem the dates.
Comment: St. Fratty’s is going to happen no matter what a nd there are satellite
houses throughout Hathway.
Comment: people not invited to particular events come onto properties on
Hathway. Organizations aren’t planning the street party.
Off topic question: can the number of people listed in the unruly gatherin g
ordinance be increased up from 20? Provided information that this is a separate
ordinance and how to request the change from Council.
12/12/2023 Downtown SLO – Bar Owners/Managers (Zoom)
Feedback from Ron Meier: problems have been out of downtown because the bars
provide supervision and control, bar owners worked in conjunction with the city to
end Mardi Gras, desires the City to help businesses drive business back
downtown. (Wallace to connect Ron with Molly Cano.)
James from McClintock's: doesn’t see that an ordinance change would impact
downtown greatly, hopes enforcement overall is reinforced on regular weekends.
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12/13/2023 - Residents for Quality Neighborhoods
Will this be also done for Open House? No, data doesn’t show the same behaviors
happening. We can always come back to council if those changes
What about the weekend after? Typically, is either finals or spring break
We don’t think the party will happen during the week? No
Comments – student rep at SCLC, if you do this we’re going to do something (that’s
not what he said) Impact to the neighborhood is very concerning. Identify the illegal
things that were happening in the neighborhoods.
Financial impact? Max deployment, lots of overtime is incurred
What are we hearing from Cal Poly on this topic? Student groups are not pushing
back a lot.
One tool in the toolbox is higher fines. What else is the dept looking at t o curtail
the events? Lessons learned; deployment plan will be adjusted.
1st warning, citation, then landlord. Does the enforcement of noise stay the same?
Essentially yes
Comment - SEZ can be effective, not enough citations are being issued during that
time period. It’s not a threat to students if enforcement isn’t happening.
Request – no warnings offered during SEZ
Noise beyond a certain space, having amplified is a muni code violation, why can’t
officers issue a citation for the band/amplified and the noise
What kind of support are we getting from Cal Poly admin? We meet with CP all the
time.
Is CP telling their students to stop the behavior? Not able to speak for them
Is CP supportive of the SEZ amendment? Yes
CSU PD can be summoned to help in large scale challenging events, essentially
CSU mutual aid
St. Fratty’s 2022 – officers went into the party zone to shut down parties, 2023
officers didn’t go into the party area to shut down parties, dozens of people were
climbing poles, why didn’t they go in? Was it for officer safety? Yes. Different
approach for 2024. 2023 was management mode.
From a resource perspective, how many ppl could be held at the PD? Not many.
How many could be taken to the jail if many ppl were arrested? Drain on resources ,
we would contact the jail to share what’s happening. Lots of evaluation during the
2023 event and
There are still residents in these neighborhoods, many are senior citizens, very
challenging to get an ambulance in to help folks that may need to medical
assistance
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Deltopia etc in Goleta, they closed the neighborhoods down. Can the
neighborhoods be closed down?
How do we get CP to put it out to tell their students not to go out there? We partner
with CP
Concern with the party boxes and burritos that are being handed out to students,
is mixed messaging. The Frat/Sororities are receiving the approvals from CP to
hold their parties
Can students be prevented from having the early morning gatherings by CP?
Halloweekend parties are happening at satellite houses, concern with the number
of satellite houses in AV and MH which is R1 and R2. Concern with the parade of
people in the neighborhoods, ppl going from party to party very loud. Fraternity
houses in the neighborhoods where they shouldn’t be the problem.
Concern with SNAP enforcement, that SNAP are clearing large parties with NV or
a DAC instead of giving the call over to patrol. (??)
Information on what other groups we’ve met with are saying? Didn’t bring that
information with us
Safety, quality of life, messes in yards, fear of safety, inability to come out of their
homes, trapped in the neighborhood, lack of respect, feelings that the
neighborhood has been taken over, unsettling
Equity, that neighborhood should have the same quality of life equity that exists in
other neighborhoods in SLO
It’s not the students that are the problem, it’s the fraternities that are the problem.
San Diego PD – program for chronic party houses, like red tag ordinance that AZ
has, auto citation for houses that are on the chronic house list, similar to program
in S. Lake Tahoe (?)
City could provide alternative activities locations
Poles, lower rungs have been removed by PG&E
Restorative justice program – citation recipients should be required to go to the
neighbors and apologize, the concept should be looked at as an option
Student Success program at CP – believed it really helped, wish it could be
reinstated
Money may or may not be impactful – “nothing happened to me, I just wrote the
check” there are limitations to what a basic fine will do
What about Deltopia and Halloween? What tools do they use? Limit access. We
have looked at the option, it’s easy to close Isla Vista. Not easy to close AV and
MH.
Need to get out in the neighborhood, have the discussion with houses that have
been chronic. One on one to the residents, talk about enforcement and how the
house has been a problem in the past
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Is party registration available during SEZ? Yes. Could that be removed? Separate
from this amendment presentation. FRED – we love party registration, we know
where things are happening, lots more success with reasonable parties being held
than out of control ones. More data needed.
There have been calls to registered parties that have had live bands who have
gotten warnings. Please address this.
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Proposed Amendments for
St. Patrick’s Day and Halloween
January 9, 2024
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Recommendation
Introduce an amendment to section 9.22.040 of the
SLMC regarding Safety Enhancement Zones
include additional city-wide safety enhancement
dates prior to and inclusive of St. Patrick’s Day and
Halloween.
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Safety Enhancement Zone
In December 2004 Council enacted Chapter 9.22 of the San Luis Obispo Municipal
Code. This created a process to designate the entire City as a safety enhancement
zone during specific dates/times to protect the public health, safety, and welfare of
the citizens of San Luis Obispo.
Chapter 9.04 Possession or consumption of alcohol in public
Chapter 9.05 Social Host – minors consuming or possessing alcohol
Chapter 9.12 Noise Control
Chapter 9.13 Unruly Gathering
Chapter 9.16 Dangerous and Deadly Weapons
Chapter 9.20 Urinating in Public
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Background
•Safety Enhancement Zone (SEZ) first adopted in 2004 to help
in policing Mardi Gras after the riot occurred in February 2004
•2010 – Halloween & St. Pats SEZ were added
•2013 – Start of School SEZ was added
•During a SEZ, fines for public urination, open container, unruly
gathering, and noise are doubled.
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Fine Structure
Regular Enhancement Zone Fines
•First Offense: $350.00
•Second Offence (in 12 mo. Period): $700.00
•Third and subsequent (in 12 mo. Period): $1000.00
Safety Enhancement Zone Fines
•First Offense: $700.00
•Second Offence (in 12 mo. Period): $1000.00
•Third and subsequent (in 12 mo. Period): $1000.00
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Reason for an Ordinance Amendment
•Party behaviors surrounding St. Patrick’s Day and Halloween are
becoming dangerous
•Parties are being planned to avoid current Safety Enhancement
Zones (St. Fratty’s)
•Public Health and Safety
•Neighborhood Wellness
•Personal responsibility, awareness, and concern
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St. Patrick’s Day
•Currently, the St. Patrick’s Day SEZ is:
•The entire area within the city limits of San Luis Obispo is designated a
safety enhancement zone from 12:01 a.m. on March 17th (St. Patrick’s
Day) until 7:00 a.m. on March 18th of each year.
•Proposed:
•12:01 a.m. on March 17th until 7:00 a.m. on March 18th AND include the
two weekends prior to St. Patrick’s Day, beginning at 12:01 a.m. on
Friday and ending at 7:00 a.m. Monday morning. Should St. Patrick’s
Day fall on a Friday, Saturday, or Sunday, the safety enhancement period
would begin at 12:01 a.m. on Friday and end at 7:00 a.m. on Monday.
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2024 & 2025 Proposed
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Halloween
•Currently, the Halloween SEZ is:
•The entire area within the city limits of San Luis Obispo is designated a safety
enhancement zone from 12:01 a.m. on October 31st (Halloween) until 7:00
a.m. on November 1st of each year. If Halloween falls on a Thursday, Friday,
Saturday, or Sunday, the SEZ will be effective at 12:01 a.m. on the Thursday
falling on or preceding October 31st until 7:00 a.m. on the Monday following
October 31st.
•Proposed:
•If Halloween falls on a Thursday, Friday, Saturday, or Sunday, the safety
enhancement zone period will be effective at 12:01 a.m. on the Thursday falling
on or preceding October 31st until 7:00 a.m. on the Monday following October
31st and to include the weekend prior from 12:01 a.m. Friday until 7:00 a.m.
Monday. If Halloween falls on a Monday, Tuesday, or Wednesday, the SEZ will
include the previous Thursday at 12:01 a.m. – Monday 7:00 a.m. and 12:01
a.m. on Oct. 31st to 7 a.m. on Nov. 1st.
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2024 & 2025 Proposed
Nov. 1 Nov. 2
Nov. 3
Nov. 1
Nov. 2
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Questions?
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