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HomeMy WebLinkAboutItem 5c. Second Reading of Ordinance No. 1732 amending Chapter 9.22.040 (Safety Enhancement Zones) Item 5c Department: Police Cost Center: 8001 For Agenda of: 2/6/2024 Placement: Consent Estimated Time: N/A FROM: Rick Scott, Police Chief Prepared By: Fred Mickel, Operations Deputy Chief SUBJECT: SECOND READING OF ORDINANCE NO. 1732 (2024 SERIES) AMENDING MUNICIPAL CODE SECTION 9.22.040 – SAFETY ENHANCEMENT ZONES RECOMMENDATION Adopt Ordinance No. 1732 (2024 Series) 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.” POLICY CONTEXT San Luis Obispo Municipal Code serves as the legal framework for governing various aspects within the city. Adopting this amendment to the Municipal Codes Safety Enhancement Zone will help mitigate the nuisance and safety issues that impact the City during the weekends leading up to and the days of St. Patrick’s Day and Halloween. DISCUSSION On January 9, 2024, City Council introduced Ordinance No. 1732 (2024 Series) (Attachment A) amending 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. Originally enacted in 2004, the Safety Enhancement Zone Ordinance designates the entire city as a safety zone during specified times, imposing higher fines for related code violations. The amendment seeks to address challenges arising from events like "St. Fratty's Day" and Halloween celebrations, causing disruptions, property damage, and public safety concerns. The expansion is prompted by the unpredictable nature of these events, leading to difficulties in predicting and managing spontaneous celebrations. Data on calls for service, noise complaints, citations, and operational expenses associated with St. Patrick's Day, "St. Fratty's Day," and Halloween are presented. The changes include expanding the Safety Enhancement Zone for St. Patrick's Day to cover the two weekends before the holiday and adjusting Halloween's zone to include the weekend before October 31st. Page 13 of 241 Item 5c The Safety Enhancement Zone Ordinance was initially enacted in response to issues during Mardi Gras in 2004. Over time, the City Council has adopted and amended various public safety-related Municipal Code chapters, imposing higher fines during safety enhancement zone periods. The Police Department conducts extensive outreach annually to inform residents, students, and businesses about safety enhancement zones. The history of St. Fratty's Day includes a significant incident in 2015, where a roof collapse led to injuries and prompted investigations. Since then, the Police Department has implemented measures to discourage unacceptable behavior, working with educational institutions and engaging in early outreach to student groups. The impact of St. Fratty's Day on neighborhoods has steadily increased, necessitating increased police staffi ng and operational expenses. Data from recent years show the challenges faced during St. Patrick's Day, St. Fratty's Day, and Halloween, including calls for service, noise complaints, citations, and violations. Operational expenses for managing St. Fratty's Day in 2023 were estimated at $38,000. Similar issues surrounding Halloween require a maximum deployment of officers for the entire weekend. The changes aim to reduce the impact of these events by expanding safety enhancement zones. For St. Patrick's Day, this change includes the two weekends before the holiday. For Halloween, this change extends the zone to cover the weekend before October 31st. In summary, the amendments to the Safety Enhancement Zone Ordinance seek to address ongoing challenges associated with disruptive events, enhance public safety, and mitigate the impact of spontaneous celebrations on the community. Public Engagement Public engagement has been a part of the process, with outreach to stakeholders, including students, cultural organizations, sororities, fraternities, neighborhood groups, and businesses. CONCURRENCE The City Attorney’s Office authored the draft ordinance. 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). Page 14 of 241 Item 5c 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 - O-1732 adopting Safety Enhancement Zone Ordinance Amendment Page 15 of 241 Page 16 of 241 O 1732 ORDINANCE NO. 1732 (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 17 of 241 Ordinance No. 1732 (2024 Series) Page 2 O 1732 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 18 of 241 Ordinance No. 1732 (2024 Series) Page 3 O 1732 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 19 of 241 Ordinance No. 1732 (2024 Series) Page 4 O 1732 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 9th day of January, 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 20 of 241