HomeMy WebLinkAbout1469ORDINANCE NO. 1469 (2004 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING CHAPTER 9.22 TO TITLE 9 OF THE SAN LUIS OBISPO MUNICIPAL
CODE ESTABLISHING SAFETY ENHANCEMENT ZONES, INCREASING FINES
AND PENALTIES FOR MUNICIPAL CODE VIOLATIONS IN AN AREA
DESIGNATED AS A SAFETY ENHANCEMENT ZONE FOR THE TIME THE
DESIGNATION IS EFFECTIVE, AND DESIGNATING THE CITY OF SAN LUIS
OBISPO AS A SAFETY ENHANCEMENT ZONE DURING THE EXTENDED MARDI
GRAS WEEKEND (12:01 AM ON THE THURSDAY PRECEDING "FAT TUESDAY"
UNTIL 7:00 AM ON THE WEDNESDAY FOLLOWING
"FAT TUESDAY" OF EACH YEAR)
WHEREAS, the potential for future incidents of public disorder and serious
misconduct on a large scale requires that Council have the ability to establish Safety
Enhancement Zones in specific locations and for specific time periods; and
WHEREAS, San Luis Obispo has gained international notoriety for being the
destination for participating in the largest Mardi Gras celebration west of the Mississippi River;
and
WHEREAS, during Mardi Gras, San Luis Obispo is the site of numerous large
parties, with throngs of young people traveling between them carrying open alcohol containers,
urinating in public, and committing a variety of other alcohol - related violations; and
WHEREAS, crowds, excessive alcohol consumption, and associated violent
behavior during Mardi Gras have steadily increased over the last 10 years; and
WHEREAS, during Mardi Gras 2004, a riot occurred at the intersection of
Foothill and California Boulevards in San Luis Obispo; and
WHEREAS, during Mardi Gras 2004, police made 200 arrests and issued 130
citations; and
WHEREAS, the cost was approximately $500,000 for law enforcement and other
public services required to control the chaos of Mardi Gras 2004; and
WHEREAS, the increased penalties for citations will reduce the amount of
criminal activity in San Luis Obispo during the period of Mardi Gras, and reduce the potential
for a major disturbance by providing law and code enforcement officers with additional tools to
obtain prompt compliance with all applicable statutes and ordinances; and
WHEREAS, San Luis Obispo is a charter city with the authority to adopt
ordinances and resolutions governing matters pertaining to municipal affairs, and the provisions
of this ordinance are designed to protect the health safety and welfare of the residents of, and
visitors to, San Luis Obispo by enhancing the penalties for the violation of municipal ordinances
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Ordinance No. 1469 (2004 Series)
Page 2
to minimize the potential for a major disturbance and ensure appropriate responses to requests
for emergency medical assistance.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Chapter 9.22 is hereby added to the San Luis Obispo Municipal Code to
read as follows:
Chapter 9.22
SAFETY ENHANCEMENT ZONES
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.
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
the following:
1. A fine not exceeding three hundred dollars ($300.00) for a first violation;
2. A fine not exceeding six hundred dollars ($600.00) for a second violation
of the same section within one year;
3. A fine not exceeding one thousand dollars ($1,000.00) for each additional
violation of the same section within one 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 9.16 (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.
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Ordinance No. 1469 (2004 Series)
Page 3
9.22.030 Prosecution Criminally or Administratively.
A violation under this Chapter may be prosecuted either criminally or
administratively pursuant to Chapter 1.24.
9.22.040 City of San Luis Obispo Safety Enhancement Zone.
The City Council designates as a Safety Enhancement Zone the entire area within
the City Limits of San Luis Obispo. This designation is effective from 12:01 AM on the
Thursday preceding "Fat Tuesday" until 7:00 AM on the Wednesday following "Fat Tuesday"
during each year that the designation is in effect.
SECTION 2. A summary of this ordinance, approved by the City Attorney, together
with the names of the Council members voting for and against it, shall be published at least five
days prior to its final passage, in The Tribune, a newspaper published and circulated in this City.
This ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 7th day of December 2004, and adopted by the Council of the
City of San Luis Obispo at a meeting held on the 14`h day of December 2004, on the following
roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
NOES:
ABSENT:
ATTEST:
1&z� ,
Audrey Ho er
City Clerk
Mayor Romero
None
None
APPROVED AS TO FORM:
Jo at P. Lowell
City Attorney
Mayor David F. Romero
i hereby certify that
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