HomeMy WebLinkAbout04/20/2010, B3 - AMENDMENTS TO SAFETY ENHANCEMENT ZONE ORDINANCE AND RESOLUTION TO ENACT SAFETY ENHANCEMENT ZONE DUR 1 1 !
Council Ma�D,- April 20,2010
j acEnaa Report 1WmN.�.-,3
CITY OF SAN LUIS OBISPO
FROM: Deborah E. Linden, Chief of Police
Prepared by: Chris Staley,Police Captain
SUBJECT: AMENDMENTS TO SAFETY ENHANCEMENT ZONE ORDINANCE
AND RESOLUTION TO ENACT SAFETY ENHANCEMENT ZONE
DURING SPECIFIED TIME PERIODS
RECOMMENDATION
1. Introduce an ordinance amending Chapter 9.22 of the San Luis Obispo Municipal Code
as follows:
a. Amend section 9.22.020A to modify the fine schedule for safety enhancement
zone violations;
b. Amend section 9.22.020B to add Chapter 9.13 —Unruly Gatherings—to the list of
eligible violations;
c. Delete section 9.22.040—City of San Luis Obispo Safety Enhancement Zone.
2. Adopt a resolution to designate a city-wide safety enhancement zone for the time periods
encompassing Mardi Gras, St. Patrick's Day and Halloween.
3. Direct staff to implement a biennial review process for safety enhancement zone
designations.
DISCUSSION
Background
In December 2004 the Council enacted Chapter 9.22 of the San Luis Obispo Municipal Code
which created a process to designate a geographic area in the City as a safety enhancement zone
during specific dates/times 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.
Violations of the following Municipal Code ordinances during the enactment of a safety
enhancement zone result in higher fines than violations when a safety enhancement zone is not
in effect:
Chapter 9.04 Possession or consumption of alcohol in public
Chapter 9.05 Hosting a gathering with minors consuming or possessing alcohol
Chapter 9.12 Noise control
Chapter 9.16 Dangerous and deadly weapons
Chapter 9.20 Urinating in public
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Safety Enhancement Zone Amendments Page 2
Violations of these Municipal Code sections during a safety enhancement zone period result in a
fine of$350 for a first offense, $700 for a second offense within a 12-month period, and $1000
for third or subsequent offenses in a 12-month period. At the time the safety enhancement zone
ordinance was enacted in 2004, the regular fines for the Municipal Code sections above began at
$100 for a first offense and increased for subsequent offenses within a 12-month period. When a
safety enhancement zone was in effect, the fines essentially tripled, which acted as a strong
deterrent to violating the law. However, since 2004, the Council has approved increases to the
regular fines for alcohol, noise and urinating violations. As a result, the fines in effect during a
safety enhancement zone period are the same as the regular fines for the violations listed above
($350/$700/$1,000).
On September 29, 2009, during a study session with the Council, staff presented several
strategies to reduce neighborhood noise and party disturbances and requested the Council
provide direction to staff regarding the proposed strategies. During this study session, staff
presented the need to amend the safety enhancement zone ordinance to update the fine structure.
Staff also requested the Council provide direction regarding enacting a safety enhancement zone
during other times of the year, such as Halloween and St. Patrick's Day, in order to deter
increasingly disruptive behavior. The Council directed staff to return with amendments to the
ordinance and with proposed dates for the enactment of the safety enhancement zone ordinance.
Ordinance Amendments
Fine Structure
The existing safety enhancement zone ordinance specifies the fine amounts for violations of
certain ordinances when a safety enhancement zone is in effect. Since the regular fines for the
listed violations have been increased, the fine amounts levied when a safety enhancement zone is
in effect are no greater than the regular fine. Staff recommends amending the ordinance to read
that fines for violations of the listed Municipal Codes shall be doubled, up to $1000 maximum,
during a safety enhancement zone period. The maximum allowable fine for administrative
violations under the City's Municipal Code is $,1000. By amending the language to double the
existing fines, the Council will retain the ability to adjust fines for specific Municipal Code
chapters without having to amend the safety enhancement zone ordinance each time.
The effect of doubling the fines during safety enhancement zone periods would be:
Regular Fine Fine during Safety
Enhancement Zone Period
1st offense $350 $700
2°d offense within a 12-month period $700 $1000
3rd or subsequent offense within a $1,000 $1,000
12-month period
Safety Enhancement Zone Amendments Page 3
Add Unruly Gathering to last of Offenses
On April 20, the Council will consider the final adoption of a new unruly gathering ordinance
(Chapter 9.13 of the Municipal Code). Should the Council adopt the unruly gathering ordinance,
staff recommends Chapter 9.13 be added to the list of offenses that would be subject to increased
fines during safety enhancement zone periods in order to act as an additional deterrent during
those times of the year when party activity is at its highest. Should the Council add Chapter 9.13
to the list of offenses, the following Municipal Code chapters will be included in the safety
enhancement zone ordnance:
Chapter 9.04 Possession or consumption of alcohol in public
Chapter 9.05 Hosting a gathering with minors consuming or possessing alcohol
Chapter 9.12 Noise control
Chapter 9.13 Unruly gatherings
Chapter 9.16 Dangerous and deadly weapons
Chapter 9.20 Urinating in public
Should the Council decide not to adopt the unruly gathering ordinance, staff will delete Chapter
9.13 from the list of offenses specified in the safety enhancement zone ordinance.
Delete section 9.22.040 Designating a Safety Enhancement Zone
When the safety enhancement zone ordinance was initially adopted in 2004, the Council
included section 9.22.040 which designated a citywide safety enhancement zone during the
period encompassing Mardi Gras. The Mardi Gras riot had occurred earlier that year and the
safety enhancement zone ordinance was one of the strategies implemented to prevent a
recurrence of the violence.
Staff recommends deleting this section from the ordinance and instead, adopting a resolution
designating the same period of time (Mardi Gras) a citywide safety enhancement zone. By
creating the safety enhancement zone by resolution rather than including the language in the
actual ordinance, the Council can more easily modify or eliminate the safety enhancement zone
designation in the future without having to go through the cumbersome process of amending the
ordinance.
Resolution designating Safety Enhancement Zones
Currently, the only designated safety enhancement zone is in effect citywide for the period of
time encompassing Mardi Gras. Staff believes this designation has been particularly effective in
quelling the violence associated with Mardi Gras and that it is very important to maintain this
designation in order to ensure the large crowds and disruptive behavior associated with Mardi
Gras does not retum. Other communities have experienced the return of large unruly celebrations
once special enforcement provisions have been lifted, and this risk exists for Mardi Gras in our
City. The continuation of the safety enhancement zone designation will help ensure this does not
occur. Therefore, staff recommends continuing the designation of Mardi Gras as a safety
enhancement zone period by adopting a resolution to that effect. If the Council adopts the
concept of a biennial review of safety enhancement zone designations, the Council will have
future opportunities, beginning in 2012, to review the need for the safety enhancement zone
designation during Mardi Gras.
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Safety Enhancement Zone Amendments Page 4
Additionally, two occasions have become increasingly problematic in the City: Halloween and
St. Patrick's Day. Large crowds, parties, and excessive and illegal alcohol use have become
associated with these occasions, posing a significant threat to public health and safety and
resulting in increased crime and arrests. The Police Department is at maximum staffing during
both events and incurs significant overtime costs as a result. Staff is concerned that these
celebrations will continue to grow, as has occurred in other college communities such as Chico
and Isla Vista. Staff believes the designation of citywide safety enhancement zones for the
periods of time encompassing Halloween and St. Patrick's Day would act as an effective
deterrent to the unlawful behavior. Staff further recommends that when Halloween falls on or
near a weekend (Thursday through Sunday), the citywide safety enhancement zone designation
encompass the entire weekend in order to deter multi-night celebrations.
Biennial Review
Safety enhancement zone periods are meant to deter and address problems associated with
certain occasions in San Luis Obispo, such as Mardi Gras. These occasions can change over time
or new ones may become problematic. In order to ensure the designation of safety enhancement
zone periods are still necessary, staff recommends implementing a biennial (every two year)
review process by the Council of existing safety enhancement zone designations. This provides
staff and the Council a regular opportunity to examine the continued need for existing safety
enhancement zone designations, and to eliminate or add designations. If the Council directs staff
to implement a biennial review process, the first review would be conducted in 2012 and every
two years thereafter, unless there are no safety enhancement zone designations in effect.
However, this does not prevent additions or modifications within the two year window if a need
is identified.
CONCURRENCES
In developing the recommendations contained in this report, staff met with representatives from
Residents for Quality Neighborhoods (RQN) and Cal Poly Associated Students, Inc. (ASI). RQN
supports the staff recommendations. ASI supports the biennial review of existing safety
enhancement zone recommendations to ensure they are still necessary.
FISCAL IMPACT
Staff is unable to estimate the revenue that may be generated from safety enhancement zone
violations since it is not known to what extent violations will increase or decrease as a result of
the actions recommended in this report. When the safety enhancement zone designation went
into effect during Mardi Gras, disturbances decreased substantially. Feedback from stakeholders
was that the increased fines acted as a significant deterrent to noise and party violations. It is
possible that administrative citation revenue could decrease during designated safety
enhancement zone periods because of this deterrent effect.
ALTERNATIVES
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Safety Enhancement Zone Amendments Page 5
1. Should the Council desire significant modifications to the recommended ordinance or
resolution language, staff suggests the Council provide direction to staff and staff will
return with new recommendations at a later date.
2. Should the Council desire simple changes to the ordinance or resolution language, the
Council may direct staff to make these changes immediately.
3. The Council could choose to make no changes to the safety enhancement zone
ordinance in which case the fines will not be greater than those in place during other
time periods.
ATTACHMENTS
1. Legislative draft of proposed amendments to Municipal Code Chapter 9.22
2. Ordinance amending Municipal Code Chapter 9.22
3. Resolution designating citywide safety enhancement zones during the time periods
encompassing Mardi Gras, Halloween, and St. Patrick's Day.
T:\Council Agenda ReportsTolice CAR\2010\Safety Enhancement Zone Ordinance Amendments\CAR - Safety
Enhancement Zone 4-20-10.DOC
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Attachment 1
Legislative Draft of Amendments to section 9.22.020 (Safety enhancement zone
penalties and violations) and section 9.22.040 (City of San Luis Obispo safety
enhancement zone) of Chapter 9.22 (Safety Enhancement Zones) of Title 9 (Public
Peace, Morals and Welfare) of the San Luis Obispo Municipal Code
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.
3 A fine ..eta ee, iag e e thetisa d dellaFs f..e....l. ., dit;enal violation of?1.e
same seetienA4d3ia ene year-.
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 (unrulyag therings), Chapter 9.16 (dangerous and deadly
weapons), and Chapter 9.20 (urination in public). A separate offense shall be deemed to
have been committed whenever a person repeats the act that constitutes the violation.
(Ord. 1484 § 7, 2005; Ord. 1469 § 1 (part), 2004)
9.22.040 City of Son Luis Obispo safety enhaneement zone.
limits of San i .. s Obispe T-Ms ,twig. tie„ ; eff etiye a,,... 12.0 ., the -r1,,,....day
pr-eeeding "Fat Tuesday" until 7AQ a.m. en the Wednesday fellev4ag "Fat Tuesday"
that the desigaet;e., ; in effeet (Ord 1 469 R 1 /paFtl, 2004)
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ATTACHMENT 2
ORDINANCE NO. (2010 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REPEALING AND REPLACING SECTION 9.22.020 AND SECTION 9.22.040 OF
CHAPTER 9.22 OF THE SAN LUIS OBISPO MUNICIPAL CODE TO AMEND
THE FINE STRUCTURE AND LIST OF VIOLATIONS RELATED TO SAFETY
ENHANCEMENT ZONES
WHEREAS, the Council of the City of San Luis Obispo met in the Council
Chamber of City Hall, 990 Palm Street; San Luis Obispo, California, on April 20, 2010,
for the purpose of considering changes proposed to the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Section 9.22.020 (Safety enhancement zone penalties and
violations) of Chapter 9.22 (Safety Enhancement Zones) of Title 9 (Public Peace, Morals
and Welfare) of the San Luis Obispo Municipal Code is hereby repealed.
SECTION 2. New section 9.22.020 (Safety enhancement zone penalties and
violations) of Chapter 9.22 (Safety Enhancement Zones) of Title 9 (Public Peace, Morals
and Welfare) of the San Luis Obispo Municipal Code is hereby adopted to read as
follows:
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). A separate offense shall be deemed to
have been committed whenever a person repeats the act that constitutes the violation.
SECTION 3. Section 9.22.040 (City of San Luis Obispo safety enhancement
zone) of Chapter 9.22 (Safety Enhancement Zones) of Title 9 (Public Peace, Morals and
Welfare) of the San Luis Obispo Municipal Code is hereby repealed.
SECTION 4. A summary of this ordinance, approved by the City Attorney,
together with the names of Council members voting for and against, shall be published at
least five (5) days prior to adoption 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
I.3 �
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Ordinance No. (2010 Series) ATTACHMENT 2
Page 2
its final passage. A copy of the full text of this ordinance shall be on file in the City
Clerk's Office on and after the date following introduction and adoption and shall be
made available to any interested member of the public.
INTRODUCED on the 20th day of April 2010 AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the day of
2010, on the following vote:
AYES:
NOES:
ABSENT`.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
hristine Dietrick
L.' City Attorney
03
0
AITRCHMENT 3
RESOLUTION NO. (2010 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DESIGNATING 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 periods of time coinciding with Mardi Gras, Halloween, and St.
Patrick's Day involve conditions and circumstances throughout the city that create the potential
for a significant threat to public health and safety, including large crowds, excessive and illegal
alcohol consumption, and public drunkenness, and;
WHEREAS, these 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,
and;
WHEREAS, the threat would be reduced by enhanced penalties for violations of
provisions of the San Luis Obispo Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. 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."
SECTION 2. 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.
SECTION 3. 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.
R
ATTACHMENT 3
Resolution No. (2010 Series)
Page 2.
Upon motion of , seconded by
and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 20 day of April 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPRO D AS TO FO
i
ristine Dietrick
City Attorney
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- RECEIVED
APR 19 2010
i/ SLO CITY CLERK
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Residents for Quality Neighborhoods
P.O.Bax 12604•San Luis Obispo,CA 93406
April 19, 2010
RE: Business Item#3, Safety Enhancement Zone Ordinance- Amendment&
Resolution
Dear Mr. Mayor and Council Members,
Residents for Quality Neighborhoods supports the amendments to the Safety
Enhancement Zone Ordinance that staff has recommended, and to the use of a
resolution to specify the events/time periods when the ordinance will be enacted.
Initially we had hoped both the beginning and end of the Cal Poly school year
would be included. Upon further reflection it seemed prudent to first see if a
combination of changes that the Cal Poly Administration has made to the various
orientation events and the Administration's increased involvement in deterring
drunken revelry combined with the use of the new Unruly Gathering Ordinance
would be sufficient to quiet these times of the year.
Thank you for your past and continuing involvement in actively addressing the
noise,vandalism, etc., problems regularly faced by neighborhoods throughout our
city.
Respectfully submitted,
Brett Cross
Chair, RQN
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From: Sandra Rowley [mailto:macsar99@yahoo.com]
RECEIVED
Sent: Tuesday, April 20, 2010 1:35 PM APR 2 0 2010
To: Romero, Dave; Carter, Andrew; Settle, Allen; Jan Marx; Ashbaugh,John
Cc: Lichtig, Katie; Linden, Deborah SLO CITY CLERK
Subject B3 Safety Enhancement Zone Amendments
Dear Mr. Mayor and Members of the Council,
Thank you for your continuing support of neighborhoods and for taking those actions
that,hopefully, will result in safer, quieter places for city residents to live.
Amending the Safety Enhancement Zone Ordinance to include other high-risk holidays
seems the right thing to do. I wish it were not necessary,but because of those who
appear to think rioting is fun, such ordinances need to be available to use if needed.
I ask that you-all keep an eye on gatherings that occur routinely during the beginning and
end of the Cal Poly school year to ensure that if they rise to the level seen in September
2009 (or the current level of St. Patrick's Day or Halloween) that those times,too, are
added to the resolution supporting this ordinance.
Respectfully submitted,
Sandra Rowley
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From: Camille Small[SMTP:NOTETOCAMILLE@YAHOO.COM]
Sent: Tuesday, April 20, 2010 12:18:41 AM RECEIVE
To: Council, SloCity
Subject: Thank you, Thank you, Thank you APR 2 0 2010
Auto forwarded by a Rule
SLO CITY CLERK
Dear Mayor and Council Members,
Thank you for acting on behalf of permanent residents to work toward a time
when college students can be expected to have fun without negatively
impacting the lives of so many.
Expanded use of the Safety Enhancement Zone can result in placing—and
keeping—a lid on events that could otherwise be problematic. Not only will
it(hopefully) prevent the overflow of these activities from spilling into neighborhoods;
it will be an aid to the Police Dept. in curtailing potential riots, thus saving
time/money in police services.
Respectfully submitted,
Camille Small
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