HomeMy WebLinkAbout01-17-2017 Item 14 Safety Enhancement Zones Amendment - Ordinance Introduction Meeting Date: 1/17/2017
FROM: Deanna Cantrell, Chief of Police
Prepared By: Jeff Smith, Police Captain
SUBJECT: SAFETY ENHANCEMENT ZONES AMENDMENT
RECOMMENDATION
Introduce an Ordinance amending section 9.22.040 of the City of San Luis Obispo Municipal
Code regarding Safety Enhancement Zones to designate an additional city-wide safety
enhancement period prior to and inclusive of St. Patrick’s Day.
DISCUSSION
Background
In December 2004 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 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.
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
Fines for these Municipal Code violations outside of the safety enhanc ement 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.1 A violation under this chapter may be prosecuted either criminally or
administratively pursuant to Chapter 1.24. (Administrative Code Enforcement Procedures).
Violations of the Unruly Gathering ordinance are $700 for a first offense to the individuals found
responsible for the gathering or $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 a
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 offences in a 12-month
period.
1 Government Code sections 36901 53069.4 limits the amo unt of a fine for violation of a local ordinance to $1,000.
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The Police Department conducts extensive outreach annually to inform students and residents of
the St. Patrick’s Day Safety Enhancement Zone ordinance. Over the past several years, the
“Avoid Party Regret” theme has included neighborhood outreach, a media release, paid ads in
the New Times and Mustang News, paid social media ads, and flyers/posters distributed
throughout both Cal Poly and Cuesta College. Cal Poly publicity includ es in-person
presentations to student organizations on campus and in the neighborhoods. Outreach is also
done at Cuesta College with an e-blast to students and distribution of Avoid Party Regret posters.
Cal Poly assists with video screen ads in the UU & poster distribution on campus. The Police
Department also collaborates with the Downtown Association’s Food, Beverage, and Service
Committee to distribute posters throughout downtown. The public relations campaign budget is
$4000 for the St. Patrick’s Day Holiday.
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 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 our residents. In May 2010, Council approved the use of
the safety enhancement zone for Halloween and St. Patrick’s Day. In August 2013, Council
approved the use of the safety enhancement zone for the start of the Cal Poly school year.
Designating safety enhancement zone periods, coupled with outreach and education, 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, Council has approved the safety enhancement zone on St. Patrick’s Day to extend
from 12:01 a.m. the morning of the 17th to the morning of the 18th at 7:00 a.m. St. Patrick’s Day
was viewed as a heavily impacted occasion that would require additional police resources and
outreach in order to handle 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, organized efforts
have been made to plan and 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”.
Over several years St. Fratty’s Day has been loosely 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 is not readily known to law
enforcement and it is difficult to predict 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
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near the perimeter of the Cal Poly campus. Much of the hype around this event has been
coordinated by word of mouth or social media outlets. No one group claims responsibility for
promoting the event, however, several Greek organizations and other student groups are known
to coordinate parties in residential neighborhoods and actively endorse participation. 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 surrounding
area) to include a residence termed 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 collapse. Fortunately, no one was seriously injured in this incident.
This event created 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 to include Cal Poly
Police, the California Highway Patrol and the 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 had been occurring in our community for several years 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.
2016 St. Fratty’s Day preparation
In order to prepare for potential disturbances for 2016 St. Fratty’s Day celebrations the police
department intensified community outreach prior to the month of March. Outreach included
social and print media as well as directing officers to visit residences that had historically been
identified as problem locations. Focused outreach was directed to the Greek community who
were known to organize St. Fratty’s Day activities. This early intervention was necessary to
establish expectations, educate potential participants of neighborly responsibilities and advise of
enforcement outcomes for non-compliance.
As in years past, determining the exact date of “St. Fratty’s” in 2016 was a moving target. The
event tends to be “spontaneous” requiring the department to do some investigations to determine
the exact date and time. Even in light of specific intelligence, there remained conflicting reports
causing the department to speculate on exact timing in order to be prepared.
Early information revealed that the event was going to take place the first weekend in the month
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of March (4th & 5th). In order to be responsive, the department went to a full deployment of
officers and dispatchers in order to be prepared for increased activity. Inclement weather during
this weekend last year appears to be one of the factors in keeping things calm and there were no
significant reports related to St. Fratty’s activities. Nonetheless, the department had to prepare
staff using overtime and incurred unbudgeted expenses dedicated to this possible occurrence.
After the weekend of March 4th & 5th, the department received specific information that the St.
Fratty’s celebration would begin on Sunday, March 13th at 5:00 a.m. It was necessary for the
Police Department to once again plan for a full deployment, to include the use of overtime, for
officers and dispatchers on both March 12th and 13th to mitigate any potential disturbances.
The neighborhood impacts in 2016 compared to 2015 were substantially reduced. With a full
deployment of officers to respond to service calls, address parties and confront negative
behaviors quickly, provided for a well-managed event. The crowds were estimated to be
approximately two thousand and were relatively calm and well mannered. Some party hosts were
organized and provided ID/license checks at the door or only allowed invited people int o
gatherings. The successful transition from 2015 to 2016 was due to the fact that significant
outreach occurred prior to the event and the deployment of additional police personnel on the
day of the event allowed for clear messaging and a clear police presence for crowd integration
and enforcement if needed.
Although the planning and preparation for St. Fratty’s in 2016 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 law continue to occur and other
neighborhood wellness concerns (particularly crowd size and noise) are constant. Although 2016
was relatively calm compared to years past, even with additional Cal Poly resources patrolling
areas within one mile of the campus, there are still numerous noise violations, excessive alcohol
consumption and persons engaged in other adverse behaviors requiring the Police Department to
over staff officers and dispatchers (many on overtime pay) to safely monitor this event.
In 2016 the police department tracked operational expenses (personnel and outreach materials) to
manage St. Fratty’s and the amount was estimated at $31,000.
Recommended period of time for St. Patrick’s Day safety enhancement changes
It is proposed that the safety enhancement time period cover the first seventeen days of March,
beginning at 12:01 a.m. on the first day of March and ending on the morning of the eighteenth
day of March at 7:00 a.m. Should March 17th fall on a Thursday, Friday, Saturday or Sunday the
safety enhancement period would continue through the weekend, ending on M onday morning at
7:00 a.m. The reasoning for this time period is to cover the weeks leading up to the St. Patrick’s
holiday and the weekend following March 17th. Historically, the weeks leading up to St.
Patrick’s Day, the Police Department sees an increase in the number of party related calls for
service in the neighborhoods.
Outreach
The Police Department has coordinated several outreach opportunities to address the proposed
changes to the Safety Enhancement Zone during the month of March, which was consistent with
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the Public Engagement Manual. Meetings have included the Cal Poly Inter Fraternal Council,
Panhellenic, Associated Students Inc.(ASI) representatives, the Student Community Liaison
Committee (SCLC), the Downtown Association’s Food, Beverage & Service Committee and a
presentation was made at a neighborhood community forum in October which included a number
of citizens and community representatives.
Generally, outreach identified some key themes that created consternation about the passage of
this ordinance as written, to include:
The Safety Enhancement period covering 3/4 quarters of the month of March is
excessive and too restrictive.
Increased fines, coupled with fines imposed by landlords, is too punitive and
targeted toward a college age population, many of which have other fi nancial
constraints and obligations.
The City needs to engage in other areas of collaboration to establish boundaries
and not solely rely of fines or other forms of punishment to restrict behavior.
The City will continue to absorb additional costs to staff the 21+ day period
should the ordinance pass. These funds should be utilized in other productive
ways to reduce crime.
The City needs to become engaged with students prior to writing any ordinance
that impacts their demographic in order to obtain true feedback and perspective
amongst the entire San Luis Obispo community.
Noise Violations should be excluded from the Safety Enhancement amendments.
Excluding noise violations would not diminish the effectiveness of the attended
plans purpose.
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
In general, revenue resulting from violations does not cover the costs of providing law
enforcement services nor can the City create a scheme by which the revenue from fines pay for
specific services.
No new enforcement resources are being added to support the additional safety enhancement
period. The proposed ordinance expands the time period for existing safety enhancement zone
designations. It is unknown the amount of revenue that may be generated from safety
enhancement zone violations since it is not yet known to what extent violations will increase or
decrease. However, changes that result in increased fines are not likely to generate significant
revenue to offset the existing enforcement costs. Staffing costs for this time period would be
consistent with the costs during the 2016 St. Patrick’s Day deployments. Those cost were
estimated to be $31,000.
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ALTERNATIVE
Do not introduce the ordinance. Staff does not recommend this alternative as safety enhancement
has proven to be an effective deterrent to address negative behaviors.
Attachments:
a - CAR - Safety Enhancement 12-7-2004
b - CAR -Halloween & St. Pat's 4-20-10
c - CAR -Cal Poly Start of School 7-2-2013
d - Cal Poly Roof Collapse Report - 2015
e - Ch.9.22 Amendment St Fratty's Redline consistent
f - Ordinance Introduction - Ch.9.22
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council
MatiwDe
December 7 2004
AGEnaa nEpout
N1301 n
CITY OF SAN LUIS OBISPO
FROM: Deborah Linden, Chief of Police
Prepared by: Daniel R. Blanke, Police Captain
SUBJECT: INTRODUCE AN ORDINANCE ENABLING SAFETY
ENHANCEMENT ZONES IN THE CITY OF SAN LUIS OBISPO, AND
ESTABLISHING A CITY-WIDE SAFETY ENHANCEMENT ZONE
DURING MARDI GRAS
CAO RECOMMENDATION
That the City Council introduce an ordinance adding Chapter 9.22 to Title 9 of the San Luis
Obispo Municipal Code that would:
1. Enable the designation of Safety Enhancement Zones in the City of San Luis Obispo to
temporarily increase fines and penalties for certain Municipal Code violations for a
designated time period; and
2. Establish a city-wide Safety Enhancement Zone during the period of Mardi Gras each
year.
DISCUSSION
Background
At the September 21, 2004 meeting of the City Council, Police Department staff presented a
planning update for Mardi Gras weekend 2005, which included a series of strategies designed to
prevent a recurrence of the dangerous and violent activity witnessed during the 2004 Mardi Gras
weekend. During this report to Council, staff requested Council consider a new strategy being
successfully used in the City of Newport Beach called a Safety Enhancement Zone. Each year,
Newport Beach experiences significant problems with alcohol, noise, and parties along their
beach area on July 4. The City enacted an ordinance that created a Safety Enhancement Zone that
encompasses the problem area and is posted as such prior to the July 4 holiday. When the Safety
Enhancement Zone is activated, all fines for Municipal Code violations are automatically tripled.
The Police Department does extensive outreach prior to the holiday to notify residents of the
enhancement zone and increased fines. This ordinance has proven very effective in increasing the
safety of residents in the area by deterring unlawful behavior because potential violators know
the resulting fines will be tripled in "The Zone."
At the September 21, 2004 meeting, Council approved the concept of Safety Enhancement Zones
in San Luis Obispo during Mardi Gras, and directed staff to return with an appropriate ordinance.
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ESTABLISHMENT OF SAFETY ENHANCEMENT ZONES Page 2
Feedback from Community Stakeholders
When the concept of Safety Enhancement Zones was first introduced to Council, staff felt that
the Zones would be most effective if they encompassed specific geographic areas, such as the
Foothill/California area and the downtown corridor. This model is patterned after the ordinance
being utilized in Newport Beach. Since that time, staff and Council have received feedback from
community members concerned about the designation of specific geographic zones, and urging
staff to consider the idea of a city-wide Safety Enhancement Zone during Mardi Gras weekend.
In the weeks following that meeting, staff received comments from and met with various
community members and groups to discuss the Safety Enhancement Zone concept and any
concerns these stakeholders may have. Specifically, staff met with the Mardi Gras subcommittee
of the Student Community Liaison Committee ( SCLC), which is comprised of student leaders
from Cal Poly and Cuesta, as well as Cal Poly staff members, community representatives, and
city staff. Police Department staff also met with representatives from Residents for Quality
Neighborhoods (RQN). The prevailing opinion was that designating specific geographic zones
during Mardi Gras weekend, especially in the Foothill/California area, would give the perception
that students were being unfairly targeted for enforcement and, at the same time, could drive
unruly people into other areas of the City simply because they would not have to be concerned
about the enhanced penalties associated with the Safety Enhancement Zones. Stakeholders felt
that the problems.associated with Mardi Gras were significant throughout the City, including in
neighborhoods not included in the originally conceived geographic zones.
During these meetings, the concept of a city-wide Safety Enhancement Zone during Mardi Gras
was discussed and received strong support. Staff and stakeholders believe it would provide a
significant deterrent to criminal behavior throughout the City during Mardi Gras without risk of
shifting the problems to different areas of the City, or being perceived as targeting only students
for enforcement. Staff believes a city-wide zone would still meet our advance messaging
objectives by alerting potential visitors in advance that fines will be tripled throughout the City
during Mardi Gras.
At the October 21, 2004, SCLC meeting, a motion was introduced to support the concept of a
city-wide Safety Enhancement Zone during Mardi Gras weekend. The motion was approved
unanimously by the voting members present. RQN has expressed their support for the same city-
wide concept.
How would the Safety Enhancement Zone work?
The proposed ordinance would provide Council with a means, by ordinance or resolution, to
designate a specific geographical area as a "Safety Enhancement Zone" for a specified period of
time, upon a finding that there is a need to take immediate action to protect the public health,
safety and welfare. The ordinance would also designate the City of San Luis Obispo as a Safety
Enhancement Zone for the period of Mardi Gras each year, defined as the period from 12:01 am
on the Thursday preceding "Fat Tuesday" until 7:00 am on the Wednesday following "Fat
Tuesday."
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ESTABLISHMENT OF SAFETY ENHANCEMENT ZONES Page 3
When an area is designated by Council as a Safety Enhancement Zone for a specified time
period, such as the entire City during Mardi Gras, then fines are tripled' for violations of the
following Municipal Code 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
Chapter 9.20 Urination in public
Staff is recommending limiting the fine increases to these specific Municipal Code provisions
because each is directly related to the problems the City experiences during Mardi Gras, such as
excessive and illegal alcohol abuse, and out-of-control parties. These violations are a major
contributor to subsequent violence, injuries, and arrests. Tripling the fines for such conduct
provides law enforcement with a tool to better prevent and control misconduct, and allows the
citizens of San Luis Obispo to send a loud and clear message that such behavior will not be
tolerated here during Mardi Gras. Council has the ability to amend this list of violations, or to
apply the Safety Enhancement Zone Ordinance to all Municipal Code violations.
Notification that certain Municipal Code fines in the City of San Luis Obispo would be tripled
during Mardi Gras would be made well in advance of the effective date. The City is undertaking
a significant Mardi Gras multi-media messaging campaign and the new ordinance would be
included as part of that messaging.
A Safety Enhancement Zone ordinance would not apply to violations of state law, such as public
intoxication and inciting a riot, since the Council does not have the legal authority to increase
fines for these violations.
The addition of an ordinance that enables Council to designate Safety Enhancements Zones
provides Council a means to create, enhance, repeal, or modify zone locations, days, or hours by
resolution when necessary. For example, Halloween has been a significant public safety problem
in other communities and we are beginning to experience increased problems here in San Luis
Obispo associated with this holiday. Should these problems become significant, Council would
have the legal authority to create Safety Enhancement Zones if they desire, and upon appropriate
findings as outlined in the ordinance.
Penalties for violations committed in the Safety Enhancement Zone
The Police Department, in coordination with the City Attorney and Finance Department, has
determined that the City's existing administrative citation process would be most appropriate to
process citations issued for violations of Municipal Codes under the umbrella of the Safety
Enhancement Zone ordinance. Police officers would issue administrative citations for violations
of the designated Municipal Code provisions, and the City Attorney's Office would be
1 The maximum fine for a third infraction offense understate law is$1,000. Hence,a third violation is not actually
tripled.
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ESTABLISHMENT OF SAFETY ENHANCEMENT ZONES Page-4.
responsible for prosecuting violations. The attached ordinance provides that violations may also
be prosecuted criminally. Normally, these violations are prosecuted as infractions, which
currently carry the following penalties, per section 1.12.040 of the Municipal Code:
First offense: 100 fine
Second offense within l year: 200 fine
Third or more offenses within 1 year: 500 fine
Violations committed while a Safety Enhancement Zone is in effect, including during the
specified period of time during Mardi Gras, would carry the following penalties:
First offense: 300 fine
Second offense within 1 year: 600 fine
Third or more offenses within 1 year:1,000 fine
The City Attorney also has the option of prosecuting a violation as a misdemeanor if the same
individual commits three or more violations, or if the seriousness of a particular violation
warrants it.
CONCURRENCES
As mentioned in this report, the city-wide Safety Enhancement Zone concept is supported by
Residents for Quality Neighborhoods (RQN), the Student Community Liaison Committee
SCLC) and Cal Poly Associated Students, Inc. (ASI).
FISCAL IMPACT
The cost of printing new administrative citation books for use by officers would cost
approximately $875.00. There would be some additional staff time required in the Police and
Finance Departments, and the City Attorney's Office to process the citations issued during Mardi
Gras. Staff from these departments have met and concur that the additional workload would be
manageable using existing resources. It is anticipated that fine revenues would exceed the
associated costs.
ALTERNATIVES
Alternative#1
Adopt an Ordinance Desigriating Multiple Safety Enhancement Zones within the City. The City
Council could adopt an ordinance designating specific geographic areas as Safety Enhancement
Zones, as originally described during the September 21, 2004 Council meeting.
The recommended zones are a Foothill / California Safety Enhancement Zone, and a Downtown
Safety Enhancement Zone. The Foothill / California Safety Enhancement Zone would comprise
the area bounded by Murray and Taft Streets on the south, Kentucky and Hathway Streets on the
east, the City Limit on the north and Santa Rosa Street on the west. Along the southern and
eastern boundaries, the Zone would encompass the residential and commercial properties on both
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ESTABLISHMENT OF SAFETY ENHANCEMENT ZONES Page 5
sides of the roadway boundary. Notice of the Safety Enhancement Zone designation would be
posted with signs around the perimeter of the Zone.
The Downtown Safety Enhancement Zone would comprise the area permanently designated as a
no skateboarding" zone that encompasses the downtown core. The Safety Enhancement Zone is
bounded by Pacific Street on the south, Santa Rosa Street on the east, Palm Street on the north,
and Nipomo Street on the west. Notice of the Safety Enhancement Zone designation would be
posted with signs at the locations where signs are currently posted giving notice of the downtown
skateboarding prohibition.
This alternative is not recommended, as feedback from community stakeholders indicates that a
City-wide Safety Enhancement Zone would be more effective overall and would alleviate
concerns about student perception and the potential shifting of problems to non-zone areas.
Alternative#2
Decline to adopt the ordinance. This action is not recommended. Staff believes that this
ordinance will be an effective tool in discouraging bad behavior during Mardi Gras weekend, and
will provide Council with necessary authority and flexibility to create or modify safety
enhancement zones as a strategy to quell criminal behavior during specific periods of time.
ATTACHMENTS:
1) Draft Ordinance adding Chapter 9.22 to the Municipal Code, enabling Safety
Enhancement Zones in the City of San Luis Obispo, and establishing a city-wide Safety
Enhancement Zone during the specified period of Mardi Gras (recommended ordinance).
2) Draft Ordinance adding Chapter 9.22 to the Municipal Code, enabling Safety
Enhancement Zones in the City of San Luis Obispo, and establishing Foothill/California
and Downtown Safety Enhancement Zones during the specified period of Mardi Gras
alternative#1).
G:Wgenda-Ordinances-Resol\Safety Enhancement Zone-Agenda Rpt.DOC
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Attachment #1
ORDINANCE NO.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
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n
Ordinance No.2004 Series)
Page 2
visitors to, San Luis Obispo by enhancing the penalties for the violation of municipal ordinances
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
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Ordinance No. 2004 Series)
Page 3
Urination in public). A separate offense shall be deemed to have been committed
whenever a person repeats the act that constitutes the violation.
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 7`h day of December, 2004, and adopted by the Council of the
City of San Luis Obispo at a meeting held on the _ day of 2004, upon motion of
seconded by and on the following roll call vote:
AYES:
NOES:
ABSENT:
David F. Romero, Mayor
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
10-fPacket Pg. 252
14
Attachment #2
ORDINANCE NO.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 DOWNTOWN CORE AND
AN AREA IN NORTH SAN LUIS OBISPO AS SAFETY ENHANCEMENT ZONES
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 40% those arrests and 42% of the citations occurred in the Foothill / California
area;and
WHEREAS, Downtown San Luis Obispo has also traditionally been a focal
point of Mardi Gras related activity and, along with the FoothilUCalifomia area, the Downtown
is the site of a disproportionate number of alcohol-related arrests and citations, compared to the
rest of the City; 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 administrative citations will reduce the
amount of criminal activity in the FoothillICalifornia and Downtown Areas of San Luis Obispo
Packet Pg. 253
14
Ordinance No. 2004 Series)
Page 2
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
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 o_
ace
within one year;
3.A fine not
exceu
eding one thousand dollars ($1,000.00) for each additional
violation of the same ordi&nce within one year.
I Cilzr,.
p-/0Packet Pg. 254
14
Ordinance No.2004 series)
Page 3
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.
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 California-Foothill Safety Enhancement Zone.
The City Council designates as a Safety Enhancement Zone the area bounded by
Murray and Taft Streets on the south, Kentucky and Hathway Streets on the east, the City Limit
on the north and Santa Rosa Street on the west. Along the southern and eastern boundaries, the
California-Foothill Safety Enhancement Zone will encompass the residential and commercial
properties on both sides of the roadway boundary. 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.
9.22.050 Downtown Safety Enhancement Zone.
The City Council designates as a Safety Enhancement Zone the area permanently
designated as a "no skateboarding" zone that encompasses the downtown core. The Safety
Enhancement Zone is bounded by Pacific Street on the south, Santa Rosa Street on the east, Palm
Street on the north, and Nipomo Street on the west. 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
7h
day of December, 2004, and adopted by the Council of the
City of San Luis Obispo at a meeting held on the _ day of 2004, upon motion of
seconded by and on the following roll call vote:
AYES:
NOES:
ABSENT:
Packet Pg. 255
14
Ordinance No. 2004 Series)
Page 2
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
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.
Packet Pg. 256
14
Ordinance No. 2004-Series)
Page 4
David F. Romero, Mayor
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
0 -/3Packet Pg. 257
14
RED FILE
Associated
StudentsMEETING AGENDA,
Inc..
DATCGLt7/
California Polytechnic University SEM #
San Luis Obispo
Resolution#05-03
Support for a Citywide Safety Enhancement Zone During Mardi Gras 2005
Whereas: ASI is the official voice of the Cal Poly student body, and
Whereas: The city council approved the concept of a safety enhancement zone on September 21"in the
areas of Foothill, California, and the downtown areas during the week of Mardi Gras 2005, and
Whereas:This strategy would isolate a section of the community during this week and would target a
perceived demographic, and
Whereas:The city needs to send a unified message that Mardi Gras is a San Luis Obispo issue and not a
student issue, and
Whereas:The city should not send a message that some neighborhoods are more valuable than others,
and
Whereas: Zoning a perceived population would hinder community relations and divide the community.
Therefore
Be it resolved: Cal Poly students support the creation of a citywide safety enhancement zone, and
Furthermore
Be it resolved:Members of the community.including students and long term residents should be equal
partners and share the same equitable rights as citizens of San Luis Obispo.
CERTIFIED as the true and correct copy, in witness thereof, I ADOPTED at the regular meeting of the Board of
have set my hand and Seal of the Associated Students,Inc. Directors by unanimous vote on November 10,2004.
this 10th day
of November 2004.
ASIS retary I it of a Board
ASI President
Sponsored by: Joe Vaccaro, Vice Chair ASI Board of Directors, College of Engi
Li UNCIL DD DIRBlakeBolton, ASI President
CAO
ten Salinas, ASI Board of Directors, College of Engineering ACAO IN DIR'
RECEIVE®an Ficalora, ASI Board of Directors, College of Liberal Arts ATTORNEY IRE CHIEF
CLERK ORIG p'N DIR
DEC G 1 2C0't DF-PT A0S POLICE CHF
R=C DIR
SLO CITY CLERK uriL DIR
HR DIRPacket Pg. 258
14
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
April 20, 2010
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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
2nd offense within a 12-month period $700 $1000
3rd or subsequent offense within a
12-month period
$1,000 $1,000
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Safety Enhancement Zone Amendments Page 3
Add Unruly Gathering to list 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 return. 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 Reports\Police CAR\2010\Safety Enhancement Zone Ordinance Amendments\CAR - Safety
Enhancement Zone 4-20-10.DOC
Packet Pg. 263
14
FROM: Steve Gesell, Chief of Police
Prepared By: Christine Wallace, Neighborhood Outreach Manager
SUBJECT: SAFETY ENHANCEMENT ZONE AMENDMENTS
RECOMMENDATION
Introduce an Ordinance to specify the safety enhancement zones in the City and designate an
additional city-wide safety enhancement zone for the time period encompassing the start of school
for California Polytechnic University (Cal Poly) beginning on move-in day for Cal Poly housing
and ending the second Monday morning following the beginning of the fall academic year.
DISCUSSION
On May 21, 2013, Council received a report identifying the health and safety issues experienced in
the neighborhoods at the start of the academic school year and the strategies being considered to
address the challenges it poses. The thrust of the report focused on initiating a collaborative effort
with Cal Poly, Cuesta, and Neighborhood Groups to develop short, medium and long term strategies
to address neighborhood issues. The Council supported the establishment of a Neighborhood
Wellness/Community Civility Effort with representatives from the City, Cal Poly, Cuesta College,
and Neighborhood Groups with the goal to enhance the quality of life for all residents, with
particular emphasis on building positive relations between residential and student–aged neighbors
through a cultural shift in social behaviors.
Cal Poly is concurrently enacting a variety of initiatives to require and encourage students to
participate in planned activities with housing and orientation groups. University Police will also be
assisting the City’s Police Department in response to off-campus violations and disturbances that
may involve students. Cal Poly ASI has also introduced a campaign relating to campus culture
referred to as “The Mustang Way,” which encourages students to carry out their personal conduct in
manner that reflects the principals of pride, responsibility and character both on and off campus.
Safety Enhancement
In May 2010, Council approved the use of the safety enhancement zones for Halloween and St.
Patrick’s Day. The Safety Enhancement Zone Ordinance had previously been adopted for the Mardi
Gras time period beginning in 2004. Safety enhancement has shown to be an effective deterrent to
address several types of behaviors. For example, during Halloween noise calls and subsequent
citations have reduced by 50%. Minor in possession of alcohol and urinating in public citations
showed the greatest decline. More significantly, open container citations have decreased by 70%.
The Police Department believes the decrease in violations is the primary result of educational
outreach efforts highlighting the increase in fines. This has translated into behavioral changes and
an increase in voluntary compliance with the requirements of City ordinances.
Meeting Date
Item Number
July 2, 2013
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July 2, 2013
SAFETY ENHANCEMENT ZONE AMENDMENTS Page 2
The data below shows that the start of school time period is a time when a significant number of
minor in possession of alcohol, drunk in public, open container and urinating in public citations and
arrests occur. Including the start of school in safety enhancement could reduce the number of
negative behaviors and in turn, enhance student success and safety.
Start of
School
Minor in
Possession
Drunk
in
Public
Open
Container
Urinating
in Public
Unruly
Gathering
Social
Host
Noise
Party
Calls
Noise
Party
Citations
9/15/09-9/27/09 23 28 37 13 0 0 173 23
9/15/10-9/26/10 74 25 45 29 0 2 97 20
9/14/11-9/25/11 66 21 60 14 0 0 122 40
9/13/12-9/23/12 67 30 20 27 0 0 97 27
Additional data was gathered to show the significant decline in arrests and citations following
second week and weekend of the academic year.
Second
weekend
Minor in
Possession
Drunk
in
Public
Open
Container
Urinating
in Public
Unruly
Gathering
Social
Host
Noise
Party
Calls
Noise
Party
Citations
9/28/09-10/4/09 1 11 12 8 0 0 47 12
9/27-10-10/3/10 8 9 25 4 0 0 64 15
9/26/11-10/2/11 0 9 6 0 0 0 55 22
9/24/12-9/30/12 2 19 4 6 0 0 42 11
Staff recommends the safety enhancement time period begin on move-in day for Cal Poly housing
and end the second Monday morning following the beginning of the academic year. The addition of
this safety enhancement zone in combination with the other initiatives being brought forth by Cal
Poly, Cuesta College, and the City collaboratively are anticipated to significantly increase
voluntarily compliance, change cultural norms, and reduce adverse impacts in neighborhoods
relating to the start of each academic year.
FISCAL IMPACT
In general, revenue resulting from violations does not cover the costs of providing law enforcement
services. No new enforcement resources are being added to support the additional safety
enhancement period. The proposed ordinance expands the time period for existing safety
enhancement zone designations. It is unknown the amount of revenue that may be generated from
safety enhancement zone violations since it is not yet known to what extent violations will increase
or decrease. However, changes that result in increased fines are not likely to generate significant
revenue to offset the existing enforcement costs.
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July 2, 2013
SAFETY ENHANCEMENT ZONE AMENDMENTS Page 3
ALTERNATIVE
Do not introduce the ordinance. Staff does not recommend this alternative as safety
enhancement has proven to be an effective deterrent to negative behaviors.
ATTACHMENT
Ordinance designating additional safety enhancement zones
\\chstore4\Team\Council Agenda Reports\2013\2013-07-02\Safety Enhancement Zone Amend (Gesell-Wallace)
Packet Pg. 266
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MARCH 7, 2015, INCIDENT
FINAL REPORT
Cal Poly Student Affairs | studentaffairs.calpoly.edu
Packet Pg. 267
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Cal Poly | March 7, 2015, Incident - Final Report Page 2
Introduction
Over the last few years, Cal Poly students 1 have celebrated St. Patrick’s Day on a large scale.
This St. Patrick’s Day celebration, also known by students as St. Fratty’s Day, has been held on
or before St. Patrick’s Day. A former Cal Poly student, who was part of a Greek organization
and lived at the “Pink House” residence located on 348 Hathaway Avenue, created this event
approximately six years ago. Others living in the residence have continued to keep the event
alive as a tradition. The number of students and others attending has consistently increased
over time. In recent years, the City of San Luis Obispo has taken actions to address large and
unruly gatherings by increasing fines and patrols for high student traffic locations.
As is common practice, Dean of Students Jean DeCosta sent an e-mail to all Cal Poly students on
Wednesday, March 4, 2015, with a message of student safety for Spring Break activities and
end-of-quarter celebrations, including St. Patrick’s Day (Appendix A). The message also
included reminders that double fines for certain municipal code violations would be going into
effect – a practice implemented by the City of San Luis Obispo to address the problems
associated with large and unruly gatherings in the neighborhoods, such as St. Fratty’s Day
celebrations in the past.
On Thursday morning, March 5, 2015, Cal Poly’s Greek Life Office met with a fraternity
president regarding an email warning of a pending social gathering that would occur the
weekend of March 7, 2015. The fraternity president also indicated that he had sent an e-mail to
his chapter to not attend any social gatherings during the upcoming weekend. He wanted the
university to know that he was not participating and would be out of town. All Greek chapters
were on “social probation” during this time and were not permitted to have chapter-related
social events. The Greek Life Office requested a copy of that e-mail from the fraternity
president, which was received and sent to the Greek Life Office and the Dean of Students.
Later that day, the Dean of Students Office spoke with the University Police Department
regarding the status of Greek social probation and the alleged social gathering that might
potentially occur on the weekend of March 7–8, 2015. In response, University Police contacted
the SLO Police Department with this information to coordinate staffing, review information,
and to collaborate on how to best prepare for the weekend. No one anticipated that the social
gathering would begin on Saturday morning, March 7, at 4:30AM. The e-mail information
received from the fraternity president did not contain that information.
1 The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of
student education records. The university must have written permission from a student in order to
release any information from that student’s education record. Therefore, we will not include in this
report any identifying information about specific students.
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Incident Overview
Early on Saturday, March 7, 2015, at approximately 6:30AM, the Dean of Students and other
university officials received information from San Luis Obispo and University Police that a roof
had collapsed and that there were a large number of students gathered at or around 348
Hathaway Avenue, also known as the “Pink House.”
Dean of Students Jean DeCosta went down to Hathaway Avenue immediately to conduct
interviews with students to determine how the roof collapsed, to gather any other relevant
information, and to provide university support to Cal Poly students.
During the course of several interviews, Dean DeCosta learned that residents of the Pink House
invited 20 to 30 people over for a social gathering that was to begin around 6:30AM. The
residents told Dean DeCosta that they were having a social gathering to keep up with a long-
standing tradition involving their residence, and that the gathering was a Bring Your Own
Alcohol (BYOB) party. The residents stated that they called 911 at 6:00AM, just prior to the roof
collapsing, because they realized that the gathering had gotten too big and was beyond their
control. Dean DeCosta also learned that a resident next door (where the roof collapsed) was told
by his landlord that the residents were not to participate in any social gathering as the landlord
had heard rumors on Friday night that something big was going to happen over the weekend.
The resident reported that he complied, waking up the next morning to large numbers of
people in his yard and on his roof.
Around 7:30AM, representatives from the Dean of Students office (the Dean and two Assistant
Deans) came into the office to field phone calls from parents and other concerned parties as well
as to determine who was hurt during the roof collapse. Dean DeCosta then visited a local
hospital where the injured students were taken to ensure they received support. The two
Assistant Deans of Students remained on campus to field phone calls until approximately
2:00PM.
University Preliminary Investigation Process
On Monday, March 9, 2015, the Dean of Students department through the Office of Student
Rights and Responsibilities (OSRR) made a plan to address the situation.
OSRR sent an e-mail Wednesday, March 11 at 8:48PM to approximately 90 students requesting
help on gathering information concerning the events of Saturday, March 7, 2015 (Appendix B).
The students were identified by police, faculty, and staff as students who may have direct
knowledge of the events that occurred and led up to the roof collapse. Students were identified
by the following:
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Cal Poly | March 7, 2015, Incident - Final Report Page 4
• Received a citation from police;
• Posted something about the event on social media (e.g., Twitter, Instagram, Facebook);
or
• Lived in one of the houses near the event.
On Thursday, March 12, 2015, a number of administrators interviewed over 60 students in the
evening.
Over the course of the week of March 16, 2015, OSRR identified another 25 students who may
have had direct knowledge of the events leading up to and including the roof collapse.
Although students were informed in the notification letter that they must attend the meeting or
face possible judicial action on the part of the university, students were told when they arrived
that their participation was optional. All students responded to written questions with varying
degrees of knowledge relevant to the incident.
The interviews lasted from ten minutes to one hour per student, depending on his or her
knowledge.
Preliminary Investigation Findings
On Monday, March 23, 2015, OSRR submitted a preliminary report to the Dean of Students,
with recommendations for next steps. Key points in that report are as follows:
• In response to the anticipated increased fines, students living in the Pink House moved
their St. Fratty’s Day celebration before St. Patrick’s Day and before Finals week.
• Many students suggested that social media applications such as Twitter, Yik Yak,
Instagram, and Snapchat contributed to the large gathering. Two days before the
incident students posted items about “throw back Thursday” with pictures of last year’s
event. Students reported that there was no centralized forum for disseminating
information about the event – some students knew when/where up to two weeks in
advance, others heard the night before.
• Many students went to Hathaway with no expectation of alcohol being provided, but
40% of the interviewed students stated that there was alcohol at the event, brought by
individuals. Most students intentionally became intoxicated prior to the event because
there was no expectation of alcohol being provided at the event.
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• Many students participated in the activity known as Brewfing (drinking on a roof). This
is a recent social phenomenon that Cal Poly students engage in as part of the party
culture.
• Interviewed students reported that, based on their estimation, approximately 65% of the
attendees were Cal Poly students. Students estimated that the rest of the attendees were
either Cuesta College students or students from other institutions.
• Interviewed students reported that many Greek members attended the event based on
Greek letters being worn by individuals, social media messaging from known Greek
members, and the volume of Greeks living in the residence halls who traveled to
Hathaway. No evidence supports that the Greeks officially promoted or marketed the
event; however, first-year Greek life members from the residence halls likely used word-
of-mouth and social media to promote attending the event.
• One student reported that more than half of residence hall students gathered and
walked down to Hathaway together.
• Members of the Pink House knew that the event was going out of control and tried to
mitigate the damage by calling 911 and posting messages on social media to not come to
the residence.
• It was reported by students that there were a number of simultaneous house parties
occurring in the residences near 348 Hathaway, which contributed to the large number
of students in the central location.
• They estimated that “every other house” was having a party.
• The general feeling from students was that the further into the crowd students got, the
more “unsafe” and “out of control” it felt – students on the periphery stated that it was
“boring” and “hard to move around” because people were just standing around with no
specific agenda or plan.
• The majority of students stated that they did not have “fun” at the event – they simply
attended because it was tradition.
Further Investigation
To delve deeper into the facts surrounding the incident, the university decided to hire an
external investigator to conduct further investigatory interviews with a select number of
students who were identified through the preliminary interview process as having direct
knowledge of the events leading up to the social gathering. On Wednesday, March 25, 2015,
university administration met to identify potential external investigators. On Friday, April 24,
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2015, the university hired an external investigator, Mr. Ralph Latino. Mr. Latino has had
extensive experience as an administrator in the CSU system. In addition, he has served in an
interim role directing the Office of Student Rights and Responsibilities at Cal Poly. From April
27–29, 2015, the external investigator conducted interviews with students identified from the
preliminary investigation.
Findings
On Thursday, April 30, 2015, the external investigator provided his findings to OSRR for
review. The key findings confirmed earlier information. The facts were as follows:
• Students indicated that the marketing for the party was via text/word-of-mouth and that
they couldn’t identify specific individuals or organizations that were
hosting/organizing/marketing the event.
• The interviewed students reported that they collaborated to determine a specific date for
the event, specifically to avoid double fines.
• Because many social media platforms are public and anonymous, as soon as there was
enough “word of mouth,” and it was confirmed that the event was occurring on
Saturday, March 7, 2015, many social media outlets “went viral” with information and
ideas on what to do to celebrate the event (pre-game) and where to attend the event
(Hathaway).
• Many students engaged in pre-gaming. Pre-gaming means to drink alcohol prior to
attending a social gathering, usually with close friends, with the intent to become
intoxicated.
• Students reported that this event as a “tradition” had an influence on how the event rose
to the level of involving thousands of students.
• While some members of Greek organizations helped rally groups of Greeks and non-
Greeks, from the residence halls, surrounding areas, and so forth, there is no evidence
that a specific Greek affiliated chapter or Greek leadership played a role in facilitating
the event and the gathering.
• Sitting, standing on, and hanging out on roofs (Brewfing) has been a frequent occurrence
for the last few years. Very few students realized that there was any danger because it is
such a common practice.
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Conclusions
In an era where social messaging platforms are students’ main form of communication with
each other and the outside world, we have further realized the challenges of monitoring the
multitude of platforms that students use to disseminate information. Social Media platforms can
make a topic “trending” or “viral,” meaning that a large number of students will learn a very
specific piece of information very quickly, thereby potentially instigating large crowds of
students to, for example, attend a social gathering. Therefore, we will research, collaborate
across CSU campuses and others, and identify ways to use this platform to help better inform
when events are being planned.
Initial action plans include the following:
• Consider establishing a calendar for “traditional” and “common” student social events,
with locations, dates, and who traditionally participates in those events. Disseminate
this information to potentially impacted parties (both Cal Poly and community) for
preventative purposes to help to plan and prepare accordingly. Use the calendar to
contact and meet with individuals/groups that have historically planned the events, and
educate the students on good risk management practices, potential harm should an
event exceed safety and well-being, and keeping the event in compliance with City
codes and university policies. In addition, use student judicial code to hold students
accountable should a violation occur.
• Consider developing stronger social media campaigns, discouraging students from
attending and contributing to potentially unruly social gatherings, and educating
students on the potential impact of these choices on their student status at Cal Poly.
Develop and deliver media campaigns that particularly target freshmen students,
intrigued by past events, to educate, inform, and discourage attendance. Involve ASI
Student Government in assisting with messaging and outreach to students.
• Meet with key stakeholders to explore developing more on-campus venues to encourage
students to remain on campus during key celebration times.
• Review establishing a team of staff and students designed to address off-campus
events/parties. The team should be nimble and easy to bring together to review known
information, have contacts in the student population that could help with gathering
facts, and outreach quickly and easily to others who could be helpful in adding or
confirming information. This team should advise campus leaders on strategies for
immediately addressing a concern.
• Partner with students to develop a community service campaign that will be completed
by Fall Quarter 2015, aimed towards incoming students. The campaign will be, in part,
created by students who were found responsible for the organization and dissemination
of information that led to this event, and include guidance from Cal Poly staff and
faculty. The purpose of this campaign is to address first-year students and the
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importance of good citizenship, why one should avoid large social gatherings, what it
means to be a “Mustang,” and the steps the university will take when a student violates
the Standards for Student Conduct.
• 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.
Therefore, collaborating with the City of San Luis Obispo and Student-Community
Liaison Committee (SCLC) to explore strategies and ideas designed to address this issue
is recommended.
Outcomes
On Monday, May 4, 2015, OSRR charged students with violating the Standards for Student
Conduct. FERPA prevents the university from providing information that could identify a
student who went through a disciplinary process, and in this case, identifying how many
students were charged may unmask the identities of those students.
By Thursday, May 14, 2015, the students charged all agreed to sanctions via a Settlement
Agreement. The students who were determined to have organized and disseminated
information leading to the event were held responsible for their actions through the student
conduct process 2, including both punitive and educational sanctions with the ultimate goal of
preventing a situation like the one that occurred on Saturday, March 7, 2015, from ever
occurring again.
No single Greek chapter organized the event; however, many Greek members disseminated
information regarding the event logistics and participated.
To the best of our knowledge, the students who were residing in the Pink House on 348
Hathaway were not given the opportunity to renew their lease for the 2015-2016 school year.
See the above suggestions for further training and outreach.
2 FERPA prevents the university from providing what sanctions students agreed to without express
written permission from those students.
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Appendix A
Page 1
From: "Dean of Students" <deanofstudents@calpoly.edu>
To: cpstudents@calpoly.edu
Sent: Wednesday, March 4, 2015 11:08:33 AM
Subject: St. Patrick's Day
Dear Cal Poly Student:
In the next few weeks you will have the opportunity to recognize St. Patrick’s Day, Cesar
Chavez Day, and the successful completion of the quarter. If you choose to celebrate, please
be mindful of the choices you make and, most important, to take care of each other. For Greek
chapters, once social probation has been lifted remember to successfully register your event
with the Greek life office. Whether you participate in activities on and off campus this weekend
or over the spring break, please take precautions to ensure your safety and the safety of others.
* Don't go out alone; travel with someone you trust.
* If you go out, go with a group of friends, check in with each other often, and make sure to
leave together.
* If you're of legal age, limit alcohol and make good decisions.
* Avoid risky situations; it's always safest to stay sober.
* Never place your safety in the hands of a person under the influence, including yourself.
* If someone becomes sick and needs emergency room help, please, please, please dial 911
for advice and assistance. Please note that the emergency room is a safe zone. You will not get
in trouble helping a friend get to the emergency room.
I also want to remind you to be aware of the consequences you might face for inappropriate
and/or illegal behavior. Violation of campus policies or criminal laws regarding alcohol may
result in severe academic sanctions or a permanent criminal record. The campus police and
San Luis Obispo City Police are stepping up patrols with larger deployment of officers and
increase in fines for the weekend. It is important for me to let you know that the Social Host
Ordinance will be strictly enforced in the City of San Luis Obispo; that includes severe sanctions
and double fines starting at $700.
* If you host a party or gathering, you are responsible for making sure no one under the age of
21 possesses or consumes alcohol.
* If anyone under 21 is drinking at your party, you could be held criminally liable: 1st offense is
$2,000.
* Keep your social gatherings small and in control.
* Be aware and respectful of your neighbors.
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Appendix A
Page 2
If you go downtown, I ask that you please remember you are always a Mustang. How you
behave on and off campus reflects not only on you, but also on the University. Cal Poly has a
great reputation. As citizens of this campus and of the community, I ask that you help us keep
our reputation strong.
Finally, it is all of our responsibility to protect the safety of one another. If you see someone that
needs help, please call the University police or the SLO City police by dialing 911.
Sincerely,
Jean DeCosta, Ph.D.
Dean of Students
--
Jean
Jean DeCosta, PhD
Dean of Students
Building UU 217
(805)756-0327
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Appendix B
Page 1
From: "Office of Student Rights and Responsibilities" <osrr@calpoly.edu>
Sent: Wednesday, March 11, 2015 8:48:30 PM
Subject: Required Informational Meeting Notice (URGENT)
Dear student:
We need your help. We are trying to understand the events that led up to a “St. Fratty’s Day”
Party, which was held on Saturday, March 7, 2015 starting at 4:30 AM on Hathaway Avenue.
We have scheduled some time to meet with you tomorrow, Thursday March 12, 2015 at 5:00
PM in Chumash Auditorium. We will provide food and beverages for this meeting because it’s
during normal dining hours.
The goal of this meeting is to collect as much information as we can regarding the March 7,
2015 event. Please come prepared to be open and helpful. You are REQUIRED to attend this
meeting, but the meeting is not punitive; it is focused on gathering information and learning
facts.
You have the right to bring an adviser to this meeting. We know that this is close to final's week,
so we will try to make every accommodation that we can to ensure that you have an interview
during a time that meets your schedule. If you do have a conflicting appointment, please contact
my office at 805-756-2794 immediately (during normal business hours) so that we can arrange
another time to meet, or so that we can arrange a better time for you during our scheduled
meeting.
We cannot stress enough the importance of being open and honest, and any information that
you provide will be greatly appreciated.
Sincerely,
Duane P. Rohrbacher, Jr., JD, PhD
Assistant Dean of Students
Student Rights & Responsibilities
Building 52 - E7
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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
effective from 12:01 a.m. on March 1 17th (St. Patrick’s Day) until seven a.m. on March 18th of each
year (St. Patrick’s Day is March 17 and St. Fratty’s Day varies in early March) .If March 1 falls on a
Saturday, the safety enhancement period will be effective at 12:01 a.m. on the Friday preceding March 1
until seven a.m. on March 18. If March 17 falls on a Thursday, Friday, Saturday or Sunday, the safety
enhancement period will be effective from 12:01 am. on March 1 until seven a.m. on the Monday
following March 17.
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)
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O ______
ORDINANCE NO. _____ (2017 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING SECTION 9.22.040 OF THE
MUNICIPAL CODE TO INCREASE THE SAFETY ENHANCEMENT
ZONE TIME PERIOD SURROUNDING ST. PATRICK’S DAY AND ST.
FRATTY’S DAY
WHEREAS, the Council previously added Chapter 9.22 to the Municipal Code
designating specific geographical areas as safety enhancement zones during specified times, and
imposed double fines for violations of the Municipal Code in those zones and times, in order to
protect the public health, welfare and safety; and
WHEREAS, Section 9.22.040 B of that chapter designated the entire area within the city
limits of San Luis Obispo as 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, the City Council has observed activities and considered information
regarding annually recurring incidences of conduct during on varying dates in March before and
around March 17 (St. Patrick’s Day) associated with an event locally known as “St. Fratty’s
Day”, impacting public and private property and the public peace, safety and tranquility of city
residents, and resulting in unreasonable noise, extensive public consumption of alcohol, public
urination, underage drinking, personal injuries, property damage, traffic hazards, and littering;
and
WHEREAS, the City Council wishes to expand the safety enhancement zone period
associated with St. Patrick’s Day and St. Fratty’s Day, in order to prevent public harm and
address the threat to public health and safety.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City council hereby finds and determines as follows:
A. That activities during the period of time surround St. Patrick’s Day and a local event
known as St. Fratty’s Day have regularly created conditions and circumstances
through the city that have previously resulted in and annually create significant
threats to public health and safety, including large crowds, excessive and illegal
alcohol consumption, and public drunkenness
B. That conditions and circumstances associated with these events are not isolated to any
one area of the City and impact many different neighborhoods and the downtown.
C. That the threats to public peace and safety would be reduced by enhanced penalties
for violations of provisions of the San Luis Obispo Municipal Code.
D. That these findings are based on the knowledge and observations of the City Council,
as well as data and information provided by City residents and the Police Department
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Ordinance No. _____ (2017 Series) Page 2
O ______
regarding increased instances of activities and criminal behavior threatening the
public peace and safety throughout the City during the time periods specified herein.
SECTION 2. Section 9.22.040 of the San Luis Obispo Municipal Code Section is
hereby amended in its entirety to read as follows:
9.22.040 City of San Luis Obispo safety enhancement zone.
A. The entire area within the city limits of San Luis Obispo is designated a safety
enhancement zone during the Mardi Gras period, effective from 12:01 a.m. on the Thursday
preceding “Fat Tuesday” until 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 effective from 12:01 a.m. on March 17th (St. Patrick’s Day) 1 until seven a.m.
on March 18th of each year (St. Patrick’s Day is March 17 and St. Fratty’s Day varies in early
March). If March 1 falls on a Saturday, the safety enhancement period will be effective at 12:01
a.m. on the Friday preceding March 1 until seven a.m. on March 18. If March 17 falls on a
Thursday, Friday, Saturday or Sunday, the safety enhancement period will be effective from
12:01 am. on March 1 until seven a.m. on the Monday following March 17.
C. The entire area within the city limits of Sa n 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
SECTION 3. Should any provision of this Ordinance, or its application to any
person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and, to
that end, the provisions hereof are severable.
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ____, 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2017, on the following vote:
AYES:
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Ordinance No. _____ (2017 Series) Page 3
O ______
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
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, this ______ day of ______________, _________.
______________________________
Carrie Gallagher
City Clerk
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MARCH 7, 2015, INCIDENT
FINAL REPORT
Cal Poly Student Affairs | studentaffairs.calpoly.edu
Cal Poly | March 7, 2015, Incident - Final Report Page 2
Introduction
Over the last few years, Cal Poly students 1 have celebrated St. Patrick’s Day on a large scale.
This St. Patrick’s Day celebration, also known by students as St. Fratty’s Day, has been held on
or before St. Patrick’s Day. A former Cal Poly student, who was part of a Greek organization
and lived at the “Pink House” residence located on 348 Hathaway Avenue, created this event
approximately six years ago. Others living in the residence have continued to keep the event
alive as a tradition. The number of students and others attending has consistently increased
over time. In recent years, the City of San Luis Obispo has taken actions to address large and
unruly gatherings by increasing fines and patrols for high student traffic locations.
As is common practice, Dean of Students Jean DeCosta sent an e-mail to all Cal Poly students on
Wednesday, March 4, 2015, with a message of student safety for Spring Break activities and
end-of-quarter celebrations, including St. Patrick’s Day (Appendix A). The message also
included reminders that double fines for certain municipal code violations would be going into
effect – a practice implemented by the City of San Luis Obispo to address the problems
associated with large and unruly gatherings in the neighborhoods, such as St. Fratty’s Day
celebrations in the past.
On Thursday morning, March 5, 2015, Cal Poly’s Greek Life Office met with a fraternity
president regarding an email warning of a pending social gathering that would occur the
weekend of March 7, 2015. The fraternity president also indicated that he had sent an e-mail to
his chapter to not attend any social gatherings during the upcoming weekend. He wanted the
university to know that he was not participating and would be out of town. All Greek chapters
were on “social probation” during this time and were not permitted to have chapter-related
social events. The Greek Life Office requested a copy of that e-mail from the fraternity
president, which was received and sent to the Greek Life Office and the Dean of Students.
Later that day, the Dean of Students Office spoke with the University Police Department
regarding the status of Greek social probation and the alleged social gathering that might
potentially occur on the weekend of March 7–8, 2015. In response, University Police contacted
the SLO Police Department with this information to coordinate staffing, review information,
and to collaborate on how to best prepare for the weekend. No one anticipated that the social
gathering would begin on Saturday morning, March 7, at 4:30AM. The e-mail information
received from the fraternity president did not contain that information.
1 The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of
student education records. The university must have written permission from a student in order to
release any information from that student’s education record. Therefore, we will not include in this
report any identifying information about specific students.
Cal Poly | March 7, 2015, Incident - Final Report Page 3
Incident Overview
Early on Saturday, March 7, 2015, at approximately 6:30AM, the Dean of Students and other
university officials received information from San Luis Obispo and University Police that a roof
had collapsed and that there were a large number of students gathered at or around 348
Hathaway Avenue, also known as the “Pink House.”
Dean of Students Jean DeCosta went down to Hathaway Avenue immediately to conduct
interviews with students to determine how the roof collapsed, to gather any other relevant
information, and to provide university support to Cal Poly students.
During the course of several interviews, Dean DeCosta learned that residents of the Pink House
invited 20 to 30 people over for a social gathering that was to begin around 6:30AM. The
residents told Dean DeCosta that they were having a social gathering to keep up with a long-
standing tradition involving their residence, and that the gathering was a Bring Your Own
Alcohol (BYOB) party. The residents stated that they called 911 at 6:00AM, just prior to the roof
collapsing, because they realized that the gathering had gotten too big and was beyond their
control. Dean DeCosta also learned that a resident next door (where the roof collapsed) was told
by his landlord that the residents were not to participate in any social gathering as the landlord
had heard rumors on Friday night that something big was going to happen over the weekend.
The resident reported that he complied, waking up the next morning to large numbers of
people in his yard and on his roof.
Around 7:30AM, representatives from the Dean of Students office (the Dean and two Assistant
Deans) came into the office to field phone calls from parents and other concerned parties as well
as to determine who was hurt during the roof collapse. Dean DeCosta then visited a local
hospital where the injured students were taken to ensure they received support. The two
Assistant Deans of Students remained on campus to field phone calls until approximately
2:00PM.
University Preliminary Investigation Process
On Monday, March 9, 2015, the Dean of Students department through the Office of Student
Rights and Responsibilities (OSRR) made a plan to address the situation.
OSRR sent an e-mail Wednesday, March 11 at 8:48PM to approximately 90 students requesting
help on gathering information concerning the events of Saturday, March 7, 2015 (Appendix B).
The students were identified by police, faculty, and staff as students who may have direct
knowledge of the events that occurred and led up to the roof collapse. Students were identified
by the following:
Cal Poly | March 7, 2015, Incident - Final Report Page 4
• Received a citation from police;
• Posted something about the event on social media (e.g., Twitter, Instagram, Facebook);
or
• Lived in one of the houses near the event.
On Thursday, March 12, 2015, a number of administrators interviewed over 60 students in the
evening.
Over the course of the week of March 16, 2015, OSRR identified another 25 students who may
have had direct knowledge of the events leading up to and including the roof collapse.
Although students were informed in the notification letter that they must attend the meeting or
face possible judicial action on the part of the university, students were told when they arrived
that their participation was optional. All students responded to written questions with varying
degrees of knowledge relevant to the incident.
The interviews lasted from ten minutes to one hour per student, depending on his or her
knowledge.
Preliminary Investigation Findings
On Monday, March 23, 2015, OSRR submitted a preliminary report to the Dean of Students,
with recommendations for next steps. Key points in that report are as follows:
• In response to the anticipated increased fines, students living in the Pink House moved
their St. Fratty’s Day celebration before St. Patrick’s Day and before Finals week.
• Many students suggested that social media applications such as Twitter, Yik Yak,
Instagram, and Snapchat contributed to the large gathering. Two days before the
incident students posted items about “throw back Thursday” with pictures of last year’s
event. Students reported that there was no centralized forum for disseminating
information about the event – some students knew when/where up to two weeks in
advance, others heard the night before.
• Many students went to Hathaway with no expectation of alcohol being provided, but
40% of the interviewed students stated that there was alcohol at the event, brought by
individuals. Most students intentionally became intoxicated prior to the event because
there was no expectation of alcohol being provided at the event.
Cal Poly | March 7, 2015, Incident - Final Report Page 5
• Many students participated in the activity known as Brewfing (drinking on a roof). This
is a recent social phenomenon that Cal Poly students engage in as part of the party
culture.
• Interviewed students reported that, based on their estimation, approximately 65% of the
attendees were Cal Poly students. Students estimated that the rest of the attendees were
either Cuesta College students or students from other institutions.
• Interviewed students reported that many Greek members attended the event based on
Greek letters being worn by individuals, social media messaging from known Greek
members, and the volume of Greeks living in the residence halls who traveled to
Hathaway. No evidence supports that the Greeks officially promoted or marketed the
event; however, first-year Greek life members from the residence halls likely used word-
of-mouth and social media to promote attending the event.
• One student reported that more than half of residence hall students gathered and
walked down to Hathaway together.
• Members of the Pink House knew that the event was going out of control and tried to
mitigate the damage by calling 911 and posting messages on social media to not come to
the residence.
• It was reported by students that there were a number of simultaneous house parties
occurring in the residences near 348 Hathaway, which contributed to the large number
of students in the central location.
• They estimated that “every other house” was having a party.
• The general feeling from students was that the further into the crowd students got, the
more “unsafe” and “out of control” it felt – students on the periphery stated that it was
“boring” and “hard to move around” because people were just standing around with no
specific agenda or plan.
• The majority of students stated that they did not have “fun” at the event – they simply
attended because it was tradition.
Further Investigation
To delve deeper into the facts surrounding the incident, the university decided to hire an
external investigator to conduct further investigatory interviews with a select number of
students who were identified through the preliminary interview process as having direct
knowledge of the events leading up to the social gathering. On Wednesday, March 25, 2015,
university administration met to identify potential external investigators. On Friday, April 24,
Cal Poly | March 7, 2015, Incident - Final Report Page 6
2015, the university hired an external investigator, Mr. Ralph Latino. Mr. Latino has had
extensive experience as an administrator in the CSU system. In addition, he has served in an
interim role directing the Office of Student Rights and Responsibilities at Cal Poly. From April
27–29, 2015, the external investigator conducted interviews with students identified from the
preliminary investigation.
Findings
On Thursday, April 30, 2015, the external investigator provided his findings to OSRR for
review. The key findings confirmed earlier information. The facts were as follows:
• Students indicated that the marketing for the party was via text/word-of-mouth and that
they couldn’t identify specific individuals or organizations that were
hosting/organizing/marketing the event.
• The interviewed students reported that they collaborated to determine a specific date for
the event, specifically to avoid double fines.
• Because many social media platforms are public and anonymous, as soon as there was
enough “word of mouth,” and it was confirmed that the event was occurring on
Saturday, March 7, 2015, many social media outlets “went viral” with information and
ideas on what to do to celebrate the event (pre-game) and where to attend the event
(Hathaway).
• Many students engaged in pre-gaming. Pre-gaming means to drink alcohol prior to
attending a social gathering, usually with close friends, with the intent to become
intoxicated.
• Students reported that this event as a “tradition” had an influence on how the event rose
to the level of involving thousands of students.
• While some members of Greek organizations helped rally groups of Greeks and non-
Greeks, from the residence halls, surrounding areas, and so forth, there is no evidence
that a specific Greek affiliated chapter or Greek leadership played a role in facilitating
the event and the gathering.
• Sitting, standing on, and hanging out on roofs (Brewfing) has been a frequent occurrence
for the last few years. Very few students realized that there was any danger because it is
such a common practice.
Cal Poly | March 7, 2015, Incident - Final Report Page 7
Conclusions
In an era where social messaging platforms are students’ main form of communication with
each other and the outside world, we have further realized the challenges of monitoring the
multitude of platforms that students use to disseminate information. Social Media platforms can
make a topic “trending” or “viral,” meaning that a large number of students will learn a very
specific piece of information very quickly, thereby potentially instigating large crowds of
students to, for example, attend a social gathering. Therefore, we will research, collaborate
across CSU campuses and others, and identify ways to use this platform to help better inform
when events are being planned.
Initial action plans include the following:
• Consider establishing a calendar for “traditional” and “common” student social events,
with locations, dates, and who traditionally participates in those events. Disseminate
this information to potentially impacted parties (both Cal Poly and community) for
preventative purposes to help to plan and prepare accordingly. Use the calendar to
contact and meet with individuals/groups that have historically planned the events, and
educate the students on good risk management practices, potential harm should an
event exceed safety and well-being, and keeping the event in compliance with City
codes and university policies. In addition, use student judicial code to hold students
accountable should a violation occur.
• Consider developing stronger social media campaigns, discouraging students from
attending and contributing to potentially unruly social gatherings, and educating
students on the potential impact of these choices on their student status at Cal Poly.
Develop and deliver media campaigns that particularly target freshmen students,
intrigued by past events, to educate, inform, and discourage attendance. Involve ASI
Student Government in assisting with messaging and outreach to students.
• Meet with key stakeholders to explore developing more on-campus venues to encourage
students to remain on campus during key celebration times.
• Review establishing a team of staff and students designed to address off-campus
events/parties. The team should be nimble and easy to bring together to review known
information, have contacts in the student population that could help with gathering
facts, and outreach quickly and easily to others who could be helpful in adding or
confirming information. This team should advise campus leaders on strategies for
immediately addressing a concern.
• Partner with students to develop a community service campaign that will be completed
by Fall Quarter 2015, aimed towards incoming students. The campaign will be, in part,
created by students who were found responsible for the organization and dissemination
of information that led to this event, and include guidance from Cal Poly staff and
faculty. The purpose of this campaign is to address first-year students and the
Cal Poly | March 7, 2015, Incident - Final Report Page 8
importance of good citizenship, why one should avoid large social gatherings, what it
means to be a “Mustang,” and the steps the university will take when a student violates
the Standards for Student Conduct.
• 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.
Therefore, collaborating with the City of San Luis Obispo and Student-Community
Liaison Committee (SCLC) to explore strategies and ideas designed to address this issue
is recommended.
Outcomes
On Monday, May 4, 2015, OSRR charged students with violating the Standards for Student
Conduct. FERPA prevents the university from providing information that could identify a
student who went through a disciplinary process, and in this case, identifying how many
students were charged may unmask the identities of those students.
By Thursday, May 14, 2015, the students charged all agreed to sanctions via a Settlement
Agreement. The students who were determined to have organized and disseminated
information leading to the event were held responsible for their actions through the student
conduct process 2, including both punitive and educational sanctions with the ultimate goal of
preventing a situation like the one that occurred on Saturday, March 7, 2015, from ever
occurring again.
No single Greek chapter organized the event; however, many Greek members disseminated
information regarding the event logistics and participated.
To the best of our knowledge, the students who were residing in the Pink House on 348
Hathaway were not given the opportunity to renew their lease for the 2015-2016 school year.
See the above suggestions for further training and outreach.
2 FERPA prevents the university from providing what sanctions students agreed to without express
written permission from those students.
Appendix A
Page 1
From: "Dean of Students" <deanofstudents@calpoly.edu>
To: cpstudents@calpoly.edu
Sent: Wednesday, March 4, 2015 11:08:33 AM
Subject: St. Patrick's Day
Dear Cal Poly Student:
In the next few weeks you will have the opportunity to recognize St. Patrick’s Day, Cesar
Chavez Day, and the successful completion of the quarter. If you choose to celebrate, please
be mindful of the choices you make and, most important, to take care of each other. For Greek
chapters, once social probation has been lifted remember to successfully register your event
with the Greek life office. Whether you participate in activities on and off campus this weekend
or over the spring break, please take precautions to ensure your safety and the safety of others.
* Don't go out alone; travel with someone you trust.
* If you go out, go with a group of friends, check in with each other often, and make sure to
leave together.
* If you're of legal age, limit alcohol and make good decisions.
* Avoid risky situations; it's always safest to stay sober.
* Never place your safety in the hands of a person under the influence, including yourself.
* If someone becomes sick and needs emergency room help, please, please, please dial 911
for advice and assistance. Please note that the emergency room is a safe zone. You will not get
in trouble helping a friend get to the emergency room.
I also want to remind you to be aware of the consequences you might face for inappropriate
and/or illegal behavior. Violation of campus policies or criminal laws regarding alcohol may
result in severe academic sanctions or a permanent criminal record. The campus police and
San Luis Obispo City Police are stepping up patrols with larger deployment of officers and
increase in fines for the weekend. It is important for me to let you know that the Social Host
Ordinance will be strictly enforced in the City of San Luis Obispo; that includes severe sanctions
and double fines starting at $700.
* If you host a party or gathering, you are responsible for making sure no one under the age of
21 possesses or consumes alcohol.
* If anyone under 21 is drinking at your party, you could be held criminally liable: 1st offense is
$2,000.
* Keep your social gatherings small and in control.
* Be aware and respectful of your neighbors.
Appendix A
Page 2
If you go downtown, I ask that you please remember you are always a Mustang. How you
behave on and off campus reflects not only on you, but also on the University. Cal Poly has a
great reputation. As citizens of this campus and of the community, I ask that you help us keep
our reputation strong.
Finally, it is all of our responsibility to protect the safety of one another. If you see someone that
needs help, please call the University police or the SLO City police by dialing 911.
Sincerely,
Jean DeCosta, Ph.D.
Dean of Students
--
Jean
Jean DeCosta, PhD
Dean of Students
Building UU 217
(805)756-0327
Appendix B
Page 1
From: "Office of Student Rights and Responsibilities" <osrr@calpoly.edu>
Sent: Wednesday, March 11, 2015 8:48:30 PM
Subject: Required Informational Meeting Notice (URGENT)
Dear student:
We need your help. We are trying to understand the events that led up to a “St. Fratty’s Day”
Party, which was held on Saturday, March 7, 2015 starting at 4:30 AM on Hathaway Avenue.
We have scheduled some time to meet with you tomorrow, Thursday March 12, 2015 at 5:00
PM in Chumash Auditorium. We will provide food and beverages for this meeting because it’s
during normal dining hours.
The goal of this meeting is to collect as much information as we can regarding the March 7,
2015 event. Please come prepared to be open and helpful. You are REQUIRED to attend this
meeting, but the meeting is not punitive; it is focused on gathering information and learning
facts.
You have the right to bring an adviser to this meeting. We know that this is close to final's week,
so we will try to make every accommodation that we can to ensure that you have an interview
during a time that meets your schedule. If you do have a conflicting appointment, please contact
my office at 805-756-2794 immediately (during normal business hours) so that we can arrange
another time to meet, or so that we can arrange a better time for you during our scheduled
meeting.
We cannot stress enough the importance of being open and honest, and any information that
you provide will be greatly appreciated.
Sincerely,
Duane P. Rohrbacher, Jr., JD, PhD
Assistant Dean of Students
Student Rights & Responsibilities
Building 52 - E7
council
MatiwDe
December 7 2004
AGEnaa nEpout
N1301 n
CITY OF SAN LUIS OBISPO
FROM: Deborah Linden, Chief of Police
Prepared by: Daniel R. Blanke, Police Captain
SUBJECT: INTRODUCE AN ORDINANCE ENABLING SAFETY
ENHANCEMENT ZONES IN THE CITY OF SAN LUIS OBISPO, AND
ESTABLISHING A CITY-WIDE SAFETY ENHANCEMENT ZONE
DURING MARDI GRAS
CAO RECOMMENDATION
That the City Council introduce an ordinance adding Chapter 9.22 to Title 9 of the San Luis
Obispo Municipal Code that would:
1. Enable the designation of Safety Enhancement Zones in the City of San Luis Obispo to
temporarily increase fines and penalties for certain Municipal Code violations for a
designated time period; and
2. Establish a city-wide Safety Enhancement Zone during the period of Mardi Gras each
year.
DISCUSSION
Background
At the September 21, 2004 meeting of the City Council, Police Department staff presented a
planning update for Mardi Gras weekend 2005, which included a series of strategies designed to
prevent a recurrence of the dangerous and violent activity witnessed during the 2004 Mardi Gras
weekend. During this report to Council, staff requested Council consider a new strategy being
successfully used in the City of Newport Beach called a Safety Enhancement Zone. Each year,
Newport Beach experiences significant problems with alcohol, noise, and parties along their
beach area on July 4. The City enacted an ordinance that created a Safety Enhancement Zone that
encompasses the problem area and is posted as such prior to the July 4 holiday. When the Safety
Enhancement Zone is activated, all fines for Municipal Code violations are automatically tripled.
The Police Department does extensive outreach prior to the holiday to notify residents of the
enhancement zone and increased fines. This ordinance has proven very effective in increasing the
safety of residents in the area by deterring unlawful behavior because potential violators know
the resulting fines will be tripled in "The Zone."
At the September 21, 2004 meeting, Council approved the concept of Safety Enhancement Zones
in San Luis Obispo during Mardi Gras, and directed staff to return with an appropriate ordinance.
ESTABLISHMENT OF SAFETY ENHANCEMENT ZONES Page 2
Feedback from Community Stakeholders
When the concept of Safety Enhancement Zones was first introduced to Council, staff felt that
the Zones would be most effective if they encompassed specific geographic areas, such as the
Foothill/California area and the downtown corridor. This model is patterned after the ordinance
being utilized in Newport Beach. Since that time, staff and Council have received feedback from
community members concerned about the designation of specific geographic zones, and urging
staff to consider the idea of a city-wide Safety Enhancement Zone during Mardi Gras weekend.
In the weeks following that meeting, staff received comments from and met with various
community members and groups to discuss the Safety Enhancement Zone concept and any
concerns these stakeholders may have. Specifically, staff met with the Mardi Gras subcommittee
of the Student Community Liaison Committee (SCLC), which is comprised of student leaders
from Cal Poly and Cuesta, as well as Cal Poly staff members, community representatives, and
city staff. Police Department staff also met with representatives from Residents for Quality
Neighborhoods (RQN). The prevailing opinion was that designating specific geographic zones
during Mardi Gras weekend, especially in the Foothill/California area, would give the perception
that students were being unfairly targeted for enforcement and, at the same time, could drive
unruly people into other areas of the City simply because they would not have to be concerned
about the enhanced penalties associated with the Safety Enhancement Zones. Stakeholders felt
that the problems.associated with Mardi Gras were significant throughout the City, including in
neighborhoods not included in the originally conceived geographic zones.
During these meetings, the concept of a city-wide Safety Enhancement Zone during Mardi Gras
was discussed and received strong support. Staff and stakeholders believe it would provide a
significant deterrent to criminal behavior throughout the City during Mardi Gras without risk of
shifting the problems to different areas of the City, or being perceived as targeting only students
for enforcement. Staff believes a city-wide zone would still meet our advance messaging
objectives by alerting potential visitors in advance that fines will be tripled throughout the City
during Mardi Gras.
At the October 21, 2004, SCLC meeting, a motion was introduced to support the concept of a
city-wide Safety Enhancement Zone during Mardi Gras weekend. The motion was approved
unanimously by the voting members present. RQN has expressed their support for the same city-
wide concept.
How would the Safety Enhancement Zone work?
The proposed ordinance would provide Council with a means, by ordinance or resolution, to
designate a specific geographical area as a "Safety Enhancement Zone" for a specified period of
time, upon a finding that there is a need to take immediate action to protect the public health,
safety and welfare. The ordinance would also designate the City of San Luis Obispo as a Safety
Enhancement Zone for the period of Mardi Gras each year, defined as the period from 12:01 am
on the Thursday preceding "Fat Tuesday" until 7:00 am on the Wednesday following "Fat
Tuesday."
D— Z
1
J/
ESTABLISHMENT OF SAFETY ENHANCEMENT ZONES Page 3
When an area is designated by Council as a Safety Enhancement Zone for a specified time
period, such as the entire City during Mardi Gras, then fines are tripled' for violations of the
following Municipal Code 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
Chapter 9.20 Urination in public
Staff is recommending limiting the fine increases to these specific Municipal Code provisions
because each is directly related to the problems the City experiences during Mardi Gras, such as
excessive and illegal alcohol abuse, and out-of-control parties. These violations are a major
contributor to subsequent violence, injuries, and arrests. Tripling the fines for such conduct
provides law enforcement with a tool to better prevent and control misconduct, and allows the
citizens of San Luis Obispo to send a loud and clear message that such behavior will not be
tolerated here during Mardi Gras. Council has the ability to amend this list of violations, or to
apply the Safety Enhancement Zone Ordinance to all Municipal Code violations.
Notification that certain Municipal Code fines in the City of San Luis Obispo would be tripled
during Mardi Gras would be made well in advance of the effective date. The City is undertaking
a significant Mardi Gras multi-media messaging campaign and the new ordinance would be
included as part of that messaging.
A Safety Enhancement Zone ordinance would not apply to violations of state law, such as public
intoxication and inciting a riot, since the Council does not have the legal authority to increase
fines for these violations.
The addition of an ordinance that enables Council to designate Safety Enhancements Zones
provides Council a means to create, enhance, repeal, or modify zone locations, days, or hours by
resolution when necessary. For example, Halloween has been a significant public safety problem
in other communities and we are beginning to experience increased problems here in San Luis
Obispo associated with this holiday. Should these problems become significant, Council would
have the legal authority to create Safety Enhancement Zones if they desire, and upon appropriate
findings as outlined in the ordinance.
Penalties for violations committed in the Safety Enhancement Zone
The Police Department, in coordination with the City Attorney and Finance Department, has
determined that the City's existing administrative citation process would be most appropriate to
process citations issued for violations of Municipal Codes under the umbrella of the Safety
Enhancement Zone ordinance. Police officers would issue administrative citations for violations
of the designated Municipal Code provisions, and the City Attorney's Office would be
1 The maximum fine for a third infraction offense understate law is$1,000. Hence,a third violation is not actually
tripled.
U-3
ESTABLISHMENT OF SAFETY ENHANCEMENT ZONES Page-4.
responsible for prosecuting violations. The attached ordinance provides that violations may also
be prosecuted criminally. Normally, these violations are prosecuted as infractions, which
currently carry the following penalties, per section 1.12.040 of the Municipal Code:
First offense: 100 fine
Second offense within l year: 200 fine
Third or more offenses within 1 year: 500 fine
Violations committed while a Safety Enhancement Zone is in effect, including during the
specified period of time during Mardi Gras, would carry the following penalties:
First offense: 300 fine
Second offense within 1 year: 600 fine
Third or more offenses within 1 year:1,000 fine
The City Attorney also has the option of prosecuting a violation as a misdemeanor if the same
individual commits three or more violations, or if the seriousness of a particular violation
warrants it.
CONCURRENCES
As mentioned in this report, the city-wide Safety Enhancement Zone concept is supported by
Residents for Quality Neighborhoods (RQN), the Student Community Liaison Committee
SCLC) and Cal Poly Associated Students, Inc. (ASI).
FISCAL IMPACT
The cost of printing new administrative citation books for use by officers would cost
approximately $875.00. There would be some additional staff time required in the Police and
Finance Departments, and the City Attorney's Office to process the citations issued during Mardi
Gras. Staff from these departments have met and concur that the additional workload would be
manageable using existing resources. It is anticipated that fine revenues would exceed the
associated costs.
ALTERNATIVES
Alternative#1
Adopt an Ordinance Desigriating Multiple Safety Enhancement Zones within the City. The City
Council could adopt an ordinance designating specific geographic areas as Safety Enhancement
Zones, as originally described during the September 21, 2004 Council meeting.
The recommended zones are a Foothill / California Safety Enhancement Zone, and a Downtown
Safety Enhancement Zone. The Foothill / California Safety Enhancement Zone would comprise
the area bounded by Murray and Taft Streets on the south, Kentucky and Hathway Streets on the
east, the City Limit on the north and Santa Rosa Street on the west. Along the southern and
eastern boundaries, the Zone would encompass the residential and commercial properties on both
Io`/
ESTABLISHMENT OF SAFETY ENHANCEMENT ZONES Page 5
sides of the roadway boundary. Notice of the Safety Enhancement Zone designation would be
posted with signs around the perimeter of the Zone.
The Downtown Safety Enhancement Zone would comprise the area permanently designated as a
no skateboarding" zone that encompasses the downtown core. The Safety Enhancement Zone is
bounded by Pacific Street on the south, Santa Rosa Street on the east, Palm Street on the north,
and Nipomo Street on the west. Notice of the Safety Enhancement Zone designation would be
posted with signs at the locations where signs are currently posted giving notice of the downtown
skateboarding prohibition.
This alternative is not recommended, as feedback from community stakeholders indicates that a
City-wide Safety Enhancement Zone would be more effective overall and would alleviate
concerns about student perception and the potential shifting of problems to non-zone areas.
Alternative#2
Decline to adopt the ordinance. This action is not recommended. Staff believes that this
ordinance will be an effective tool in discouraging bad behavior during Mardi Gras weekend, and
will provide Council with necessary authority and flexibility to create or modify safety
enhancement zones as a strategy to quell criminal behavior during specific periods of time.
ATTACHMENTS:
1) Draft Ordinance adding Chapter 9.22 to the Municipal Code, enabling Safety
Enhancement Zones in the City of San Luis Obispo, and establishing a city-wide Safety
Enhancement Zone during the specified period of Mardi Gras (recommended ordinance).
2) Draft Ordinance adding Chapter 9.22 to the Municipal Code, enabling Safety
Enhancement Zones in the City of San Luis Obispo, and establishing Foothill/California
and Downtown Safety Enhancement Zones during the specified period of Mardi Gras
alternative#1).
G:Wgenda-Ordinances-Resol\Safety Enhancement Zone-Agenda Rpt.DOC
iv- s
Attachment #1
ORDINANCE NO.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
n
Ordinance No.2004 Series)
Page 2
visitors to, San Luis Obispo by enhancing the penalties for the violation of municipal ordinances
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
0-7
Ordinance No. 2004 Series)
Page 3
Urination in public). A separate offense shall be deemed to have been committed
whenever a person repeats the act that constitutes the violation.
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 7`h day of December, 2004, and adopted by the Council of the
City of San Luis Obispo at a meeting held on the _ day of 2004, upon motion of
seconded by and on the following roll call vote:
AYES:
NOES:
ABSENT:
David F. Romero, Mayor
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
10-f
Attachment #2
ORDINANCE NO.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 DOWNTOWN CORE AND
AN AREA IN NORTH SAN LUIS OBISPO AS SAFETY ENHANCEMENT ZONES
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 40% those arrests and 42% of the citations occurred in the Foothill / California
area;and
WHEREAS, Downtown San Luis Obispo has also traditionally been a focal
point of Mardi Gras related activity and, along with the FoothilUCalifomia area, the Downtown
is the site of a disproportionate number of alcohol-related arrests and citations, compared to the
rest of the City; 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 administrative citations will reduce the
amount of criminal activity in the FoothillICalifornia and Downtown Areas of San Luis Obispo
Ordinance No. 2004 Series)
Page 2
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
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 o_
ace
within one year;
3.A fine not
exceu
eding one thousand dollars ($1,000.00) for each additional
violation of the same ordi&nce within one year.
I Cilzr,.
p-/0
Ordinance No.2004 series)
Page 3
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.
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 California-Foothill Safety Enhancement Zone.
The City Council designates as a Safety Enhancement Zone the area bounded by
Murray and Taft Streets on the south, Kentucky and Hathway Streets on the east, the City Limit
on the north and Santa Rosa Street on the west. Along the southern and eastern boundaries, the
California-Foothill Safety Enhancement Zone will encompass the residential and commercial
properties on both sides of the roadway boundary. 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.
9.22.050 Downtown Safety Enhancement Zone.
The City Council designates as a Safety Enhancement Zone the area permanently
designated as a "no skateboarding" zone that encompasses the downtown core. The Safety
Enhancement Zone is bounded by Pacific Street on the south, Santa Rosa Street on the east, Palm
Street on the north, and Nipomo Street on the west. 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
7h
day of December, 2004, and adopted by the Council of the
City of San Luis Obispo at a meeting held on the _ day of 2004, upon motion of
seconded by and on the following roll call vote:
AYES:
NOES:
ABSENT:
Ordinance No. 2004 Series)
Page 2
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
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.
Ordinance No. 2004-Series)
Page 4
David F. Romero, Mayor
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
0 -/3
RED FILE
Associated
StudentsMEETING AGENDA,
Inc..
DATCGLt7/
California Polytechnic University SEM #
San Luis Obispo
Resolution#05-03
Support for a Citywide Safety Enhancement Zone During Mardi Gras 2005
Whereas: ASI is the official voice of the Cal Poly student body, and
Whereas: The city council approved the concept of a safety enhancement zone on September 21"in the
areas of Foothill, California, and the downtown areas during the week of Mardi Gras 2005, and
Whereas:This strategy would isolate a section of the community during this week and would target a
perceived demographic, and
Whereas:The city needs to send a unified message that Mardi Gras is a San Luis Obispo issue and not a
student issue, and
Whereas:The city should not send a message that some neighborhoods are more valuable than others,
and
Whereas: Zoning a perceived population would hinder community relations and divide the community.
Therefore
Be it resolved: Cal Poly students support the creation of a citywide safety enhancement zone, and
Furthermore
Be it resolved:Members of the community.including students and long term residents should be equal
partners and share the same equitable rights as citizens of San Luis Obispo.
CERTIFIED as the true and correct copy, in witness thereof, I ADOPTED at the regular meeting of the Board of
have set my hand and Seal of the Associated Students,Inc. Directors by unanimous vote on November 10,2004.
this 10th day
of November 2004.
ASIS retary I it of a Board
ASI President
Sponsored by: Joe Vaccaro, Vice Chair ASI Board of Directors, College of Engi
Li UNCIL DD DIRBlakeBolton, ASI President
CAO
ten Salinas, ASI Board of Directors, College of Engineering ACAO IN DIR'
RECEIVE®an Ficalora, ASI Board of Directors, College of Liberal Arts ATTORNEY IRE CHIEF
CLERK ORIG p'N DIR
DEC G 1 2C0't DF-PT A0S POLICE CHF
R=C DIR
SLO CITY CLERK uriL DIR
HR DIR
FROM: Steve Gesell, Chief of Police
Prepared By: Christine Wallace, Neighborhood Outreach Manager
SUBJECT: SAFETY ENHANCEMENT ZONE AMENDMENTS
RECOMMENDATION
Introduce an Ordinance to specify the safety enhancement zones in the City and designate an
additional city-wide safety enhancement zone for the time period encompassing the start of school
for California Polytechnic University (Cal Poly) beginning on move-in day for Cal Poly housing
and ending the second Monday morning following the beginning of the fall academic year.
DISCUSSION
On May 21, 2013, Council received a report identifying the health and safety issues experienced in
the neighborhoods at the start of the academic school year and the strategies being considered to
address the challenges it poses. The thrust of the report focused on initiating a collaborative effort
with Cal Poly, Cuesta, and Neighborhood Groups to develop short, medium and long term strategies
to address neighborhood issues. The Council supported the establishment of a Neighborhood
Wellness/Community Civility Effort with representatives from the City, Cal Poly, Cuesta College,
and Neighborhood Groups with the goal to enhance the quality of life for all residents, with
particular emphasis on building positive relations between residential and student–aged neighbors
through a cultural shift in social behaviors.
Cal Poly is concurrently enacting a variety of initiatives to require and encourage students to
participate in planned activities with housing and orientation groups. University Police will also be
assisting the City’s Police Department in response to off-campus violations and disturbances that
may involve students. Cal Poly ASI has also introduced a campaign relating to campus culture
referred to as “The Mustang Way,” which encourages students to carry out their personal conduct in
manner that reflects the principals of pride, responsibility and character both on and off campus.
Safety Enhancement
In May 2010, Council approved the use of the safety enhancement zones for Halloween and St.
Patrick’s Day. The Safety Enhancement Zone Ordinance had previously been adopted for the Mardi
Gras time period beginning in 2004. Safety enhancement has shown to be an effective deterrent to
address several types of behaviors. For example, during Halloween noise calls and subsequent
citations have reduced by 50%. Minor in possession of alcohol and urinating in public citations
showed the greatest decline. More significantly, open container citations have decreased by 70%.
The Police Department believes the decrease in violations is the primary result of educational
outreach efforts highlighting the increase in fines. This has translated into behavioral changes and
an increase in voluntary compliance with the requirements of City ordinances.
Meeting Date
Item Number
July 2, 2013
July 2, 2013
SAFETY ENHANCEMENT ZONE AMENDMENTS Page 2
The data below shows that the start of school time period is a time when a significant number of
minor in possession of alcohol, drunk in public, open container and urinating in public citations and
arrests occur. Including the start of school in safety enhancement could reduce the number of
negative behaviors and in turn, enhance student success and safety.
Start of
School
Minor in
Possession
Drunk
in
Public
Open
Container
Urinating
in Public
Unruly
Gathering
Social
Host
Noise
Party
Calls
Noise
Party
Citations
9/15/09-9/27/09 23 28 37 13 0 0 173 23
9/15/10-9/26/10 74 25 45 29 0 2 97 20
9/14/11-9/25/11 66 21 60 14 0 0 122 40
9/13/12-9/23/12 67 30 20 27 0 0 97 27
Additional data was gathered to show the significant decline in arrests and citations following
second week and weekend of the academic year.
Second
weekend
Minor in
Possession
Drunk
in
Public
Open
Container
Urinating
in Public
Unruly
Gathering
Social
Host
Noise
Party
Calls
Noise
Party
Citations
9/28/09-10/4/09 1 11 12 8 0 0 47 12
9/27-10-10/3/10 8 9 25 4 0 0 64 15
9/26/11-10/2/11 0 9 6 0 0 0 55 22
9/24/12-9/30/12 2 19 4 6 0 0 42 11
Staff recommends the safety enhancement time period begin on move-in day for Cal Poly housing
and end the second Monday morning following the beginning of the academic year. The addition of
this safety enhancement zone in combination with the other initiatives being brought forth by Cal
Poly, Cuesta College, and the City collaboratively are anticipated to significantly increase
voluntarily compliance, change cultural norms, and reduce adverse impacts in neighborhoods
relating to the start of each academic year.
FISCAL IMPACT
In general, revenue resulting from violations does not cover the costs of providing law enforcement
services. No new enforcement resources are being added to support the additional safety
enhancement period. The proposed ordinance expands the time period for existing safety
enhancement zone designations. It is unknown the amount of revenue that may be generated from
safety enhancement zone violations since it is not yet known to what extent violations will increase
or decrease. However, changes that result in increased fines are not likely to generate significant
revenue to offset the existing enforcement costs.
July 2, 2013
SAFETY ENHANCEMENT ZONE AMENDMENTS Page 3
ALTERNATIVE
Do not introduce the ordinance. Staff does not recommend this alternative as safety
enhancement has proven to be an effective deterrent to negative behaviors.
ATTACHMENT
Ordinance designating additional safety enhancement zones
\\chstore4\Team\Council Agenda Reports\2013\2013-07-02\Safety Enhancement Zone Amend (Gesell-Wallace)
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
April 20, 2010
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
2nd offense within a 12-month period $700 $1000
3rd or subsequent offense within a
12-month period
$1,000 $1,000
Safety Enhancement Zone Amendments Page 3
Add Unruly Gathering to list 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 return. 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.
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
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 Reports\Police CAR\2010\Safety Enhancement Zone Ordinance Amendments\CAR - Safety
Enhancement Zone 4-20-10.DOC
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
effective from 12:01 a.m. on March 1 17th (St. Patrick’s Day) until seven a.m. on March 18th of each
year (St. Patrick’s Day is March 17 and St. Fratty’s Day varies in early March) .If March 1 falls on a
Saturday, the safety enhancement period will be effective at 12:01 a.m. on the Friday preceding March 1
until seven a.m. on March 18. If March 17 falls on a Thursday, Friday, Saturday or Sunday, the safety
enhancement period will be effective from 12:01 am. on March 1 until seven a.m. on the Monday
following March 17.
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)
O ______
ORDINANCE NO. _____ (2017 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, AMENDING SECTION
9.22.040 OF THE MUNICIPAL CODE TO INCREASE THE
SAFETY ENHANCEMENT ZONE TIME PERIOD
SURROUNDING ST. PATRICK’S DAY AND ST. FRATTY’S DAY
WHEREAS, the Council previously added Chapter 9.22 to the Municipal Code
designating specific geographical areas as safety enhancement zones during specified times, and
imposed double fines for violations of the Municipal Code in those zones and times, in order to
protect the public health, welfare and safety; and
WHEREAS, Section 9.22.040 B of that chapter designated the entire area within the city
limits of San Luis Obispo as 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, the City Council has observed activities and considered information
regarding annually recurring incidences of conduct during on varying dates in March before and
around March 17 (St. Patrick’s Day) associated with an event locally known as “St. Fratty’s
Day”, impacting public and private property and the public peace, safety and tranquility of city
residents, and resulting in unreasonable noise, extensive public consumption of alcohol, public
urination, underage drinking, personal injuries, property damage, traffic hazards, and littering;
and
WHEREAS, the City Council wishes to expand the safety enhancement zone period
associated with St. Patrick’s Day and St. Fratty’s Day, in order to prevent public harm and
address the threat to public health and safety.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City council hereby finds and determines as follows:
A. That activities during the period of time surround St. Patrick’s Day and a local event
known as St. Fratty’s Day have regularly created conditions and circumstances
through the city that have previously resulted in and annually create significant
threats to public health and safety, including large crowds, excessive and illegal
alcohol consumption, and public drunkenness
B. That conditions and circumstances associated with these events are not isolated to any
one area of the City and impact many different neighborhoods and the downtown.
C. That the threats to public peace and safety would be reduced by enhanced penalties
for violations of provisions of the San Luis Obispo Municipal Code.
D. That these findings are based on the knowledge and observations of the City Council,
as well as data and information provided by City residents and the Police Department
Ordinance No. _____ (2017 Series) Page 2
regarding increased instances of activities and criminal behavior threatening the
public peace and safety throughout the City during the time periods specified herein.
SECTION 2. Section 9.22.040 of the San Luis Obispo Municipal Code Section is
amended to read as follows:
9.22.040 City of San Luis Obispo safety enhancement zone.
A. The entire area within the city limits of San Luis Obispo is designated a safety
enhancement zone during the Mardi Gras period, effective from 12:01 a.m. on the Thursday
preceding “Fat Tuesday” until 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 effective from 12:01 a.m. on March 1 until seven a.m. on March 18th of each
year (St. Patrick’s Day is March 17 and St. Fratty’s Day varies in early March). If March 1 falls
on a Saturday, the safety enhancement period will be effective at 12:01 a.m. on the Friday
preceding March 1 until seven a.m. on March 18. If March 17 falls on a Thursday, Friday,
Saturday or Sunday, the safety enhancement period will be effective from 12:01 am. on March 1
until seven a.m. on the Monday following March 17.
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
SECTION 3. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ____, 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2017, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Ordinance No. _____ (2017 Series) Page 3
Mayor Jan Marx
ATTEST:
____________________________________
Carrie Gallagher
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, this ______ day of ______________, _________.
______________________________
Carrie Gallagher
City Clerk
9/1/2015
1
Safety Enhancement Zone
Amending the Ordinance for St. Patrick’s Day
January 17, 2017
Recommendation
Introduce an ordinance amending section9.22.040 of the
City of San Luis Obispo Municipal Code regarding Safety
Enhancement Zones to designate an additional city-wide
safety enhancement period prior to and inclusive of St.
Patrick’s Day
9/1/2015
2
What is the 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
Fine Structure
Current Fines
First Offense: $350.00
Second Offense (in 12 mo. Period): $700.00
Third and subsequent (in 12 mon period) $1,000.0
CAL POLY ADMINISTRATIVE ACCOUNTABILITY (only for noise & alcohol infractions)
Safety Enhancement Zone fines or “Double Fines”
First Offense: $700.00
Second Offense (in 12 mo. Period): $1,000.00
Third and subsequent (in 12 mon period) $1,000.0
CAL POLY ADMINISTRATIVE ACCOUNTABILITY (only for noise & alcohol infractions)
9/1/2015
3
Impacted Safety Enhancement
Zone Periods
Start of School to include Cal
Poly move-in to first full week of
instruction
Halloween Day (to include
attached weekend Thur - Sun)
St. Patrick’s Day
St. Patrick’s Day Celebrations
Safety Enhancement Zone Time Period
In May 2010 Council approved the addition of St.
Patrick’s Day to the Safety Enhancement Zone
St. Patrick’s Day was viewed as a heavily impacted
day requiring increased police resources
St. Patrick’s Day Time Period
Start – 12:01 AM March 17
th
End – 7:00 AM March 18
th
9/1/2015
4
Police Department
Outreach
“Avoid Party Regret”
Media Releases
Ads in New Times and Mustang
News
Social Media Ads
Flyers/Posters distributed on both
Cal Poly & Cuesta Campus
Student Organization
Presentations
e-blast to Cuesta Students
Video Ads at Cal Poly UU
Collaboration with Downtown
Association to distribute Posters
throughout downtown
Walk and Talks
Outreach budget of $4000
“St. Fratty’s Day”
The event is a pre-cursor to St. Patrick’s Day
Organized to avoid increased fines and the quarter timing puts St. Patrick’s Day during
finals week
Over several years loosely organized event
Early morning event traditionally held during weekend morning
Date and time of event not know to law enforcement and difficult to predict
The event has drawn thousands of participants who converge in residential areas near
Cal Poly campus
9/1/2015
5
“St. Fratty’s Day” 2015
Extensive planning for event by SLOPD
Varied dates (March 5th, 6th, 12th, 13th)
Unpredictable Behavior
Resource Heavy (people and equipment)
SLOPD, Cal Poly PD, SO, CHP
Community History of Riots (1990, 2004)
Neighborhood Wellness
Expensive (over $30k)
“St. Fratty’s Day” 2016
9/1/2015
6
Why an Ordinance Change
Public Health and Safety
Neighborhood Wellness
Potential for dangerous acts and violence
Accountable for adverse behaviors
Personal responsibility, awareness and
concern
Direction provided by City Council
Why an Ordinance Change?
0
500
1000
1500
2000
2500
3000
3500
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Noise ‐Party (NSPY)
NSPY
1993 SNAP First Deployed
Safety
Enhancement
Zone &Admin
Fines
Civility Report
& Cal Poly MOU
Noise Ord. change ‐1
DAC ‐Increase Fines ‐
Prop Owners Resp.
Start of School
Saftey Enhancement
Zone
2016Party
Registration &
St. Patrick’s SEZ
Unruly Gathering &
Social Host
Neighborhood Wellness
Major City Goal
&
Other Important
Objective
Neighborhood Officer
Program
Safety Enhancement
Zone Halloween & St.
Pat's
Unruly Gathering
and Social Host
Ordinance
Neighborhood
Services/Outreach
Manager
9/1/2015
7
St. Patrick’s Day
Proposed Safety Enhancement Zone Period
Ends at 7:00 a.m.
Starts at Midnight
St. Patrick’s Day
Proposed Safety Enhancement Zone Period
Ends at 7:00 a.m.
Starts at Midnight
9/1/2015
8
That’s a long time
Spontaneous and unpredictability of event
Preparation is cumbersome and resource intensive
Seems excessive and unfair
Public safety & neighborhood wellness is priority
Neighborhood impacts with mass attendance
The City needs to engage more with students
The City does extensive outreach with students both on and off
campus
Exclude Noise Violations from Amendment
Noise Violations (related to parties) tend to be the police
departments highest calls for service, which are the root of
many large gatherings
Identified Areas of Concern
QUESTIONS?
FROM: Deanna Cantrell, Chief of Police
Prepared By: Brian Amoroso, Police Lieutenant
SUBJECT: SORNA (SEX OFFENDER REGISTRATION AND NOTIFICATION ACT)
GRANT APPLICATION
RECOMMENDATION
1. Authorize staff to pursue a grant application submitted to the U.S. Department of Justice,
California Sex Offender Registry, for a total amount not to exceed $25,000 for equipment
and training that will enhance our ability to manage our local sex offender population.
2. Authorize the City Manager to execute the necessary grant documents, and appropriate the
grant amount into the Police Department’s budget upon grant award.
DISCUSSION
The San Luis Obispo Police Department is required to register and manage all registered sex
offenders that reside in the City of San Luis Obispo. We currently have approximately 59
registrants, with almost half listing ‘transient’ as their address. All registrants are required to
report to the Police Department and register in scheduled intervals. In addition, pro-active
compliance checks are conducted to ensure registrants are living at the locations they claim.
With many of our registrants listing areas of public open space, bridges and creeks as their
residence, Officers are required to search these out of the way areas in an attempt to make
contact at these locations.
GRANT DETAILS
In late October of 2016, staff received notification of the availability of a federal grant to fund the
purchase of equipment and training to enhance the management and notification process of sex
offenders in our community. Funds for the expansion of existing registration and notification
programs will be used for computers, cameras and training related to sex offender registration
and notification.
The grant request includes the purchase of and associated training for an Aerial Drone to
facilitate compliance checks in difficult to reach areas. The use of the drone will enable Officers
conducting compliance checks to locate and observe hidden encampments prior to walking in on
foot, reducing the risk of entering into a dangerous environment. All operation of the drone will
be conducted in accordance with departmental policy and existing FAA regulations. All pilots
will be required to maintain a current FAA Unmanned Aerial Systems license.
The Police Department will conduct community outreach through media releases, community
meetings, neighborhood newsletters and social media. Information provided will be related to
the operation, function, capabilities and limitations of the Aerial Drone as well as current legal
and constitutional considerations related to its use. We will also collaborate with other City
Departments including Parks and Recreation and Natural Resource Management to mitigate
environmental impacts and concerns.
The grant application deadline was November 10, 2016. Due to the delayed awareness of the
grant and timeliness considerations, staff timely submitted the application prior to receiving City
Council approval. Should Council not support the submittal of the effort, staff would withdraw
the application.
FISCAL IMPACT
The grant specifically requires that approved expenditures be funded initially by the agency, then
reimbursed by the grant after invoicing. All grant expenditures must be expended, invoiced, and
reported to the California Department of Justice prior to May 15th, 2017. Additionally, purchased
items cannot be removed from an existing budget and purchased with Grant funds. The San Luis
Obispo Police Department will be required to comply with grant reporting and auditing
requirements on funding usage.
ALTERNATIVE
Council may direct staff to withdraw the application for federal grant funding. Staff does not
recommend this alternative, as the funding will enhance the Police Department’s ability to register,
notify and manage our local sex offender population.
1/18/2017
1
Voluntary Party Registration Pilot Program
City Council Study Session – January 17, 2017
Recommendations
1. Receive a presentation on voluntary party registration program options
2. Provide guidance to staff regarding initiation of a municipal voluntary
program
1/18/2017
2
Background
• Neighborhood Wellness/Community Civility Working Group formed in
2013
• Vision: a community in which year-round residents and students actively
collaborate to build community and communicate in an environment that
fosters mutual respect and understanding.
• Goal: enhance the quality of life for all residents.
• May 19, 2015 the Civility Report was presented to Council detailing a
variety of recommendations that supported the vision and quality of life
in the neighborhoods
Civility Report – Implemented Recommendations
1. MOU with SLOPD & UPD to allow UPD citation powers for municipal
ordinances up to 1 mile off campus (noise, open container, public
urination, unruly gathering)
2. Rental Housing Inspection Program
3. Blight Education
4. Walk & Talks – Police & Code Enforcement
5. Unruly gathering ordinance amendment
6. Creation of an annual communication plan
1/18/2017
3
The International Town Gown Association recognized the efforts of the Civility Working
Group with the Larry Abernathy Award at the 2016 ITGA Conference in Chicago, Illinois.
Neighborhood Wellness Initiatives
• Noise ordinance amendment – limited warnings,
increased fines, included landlord fines
• Adopted Unruly Gathering ordinance
• Safety Enhancement Zone amendment –
September dates added
• Focused education & outreach in neighborhoods
and on Cal Poly & Cuesta campuses to encourage
voluntary compliance with City regulations related
to noise, property maintenance & parking
1/18/2017
4
2584
2238
2013
1644 1729
1841 1779
1148
785
638 540 513 549
448
206 263 206 245 245 253 235
2009 2010 2011 2012 2013 2014 2015
Noise Party Data
NSPY CALLS DACs CITES
Existing Programs – What is the goal of party registration?
1. Educate hosts on responsible event planning.
2. Offer an incentive based approach to reduce the need for
police interventions for noise disturbances.
3. Have quieter neighborhoods.
1/18/2017
5
University/City
Reg
Form
Due
Contact
#s
Must
live at
house
Eligible
Days
Time to
end the
party
Location Age of
registrant Violations Laws Misc
Boulder,
Colorado
Program
managed by
University of
Colorado
Boulder
Noon,
Friday
2YesFriday &
Saturday
20
min
Party may only
be at place
indicated on reg
form, registrants
must be on site
18 y/o
Houses that
receive 2
consecutive
warnings lose
registration
privileges for
four (4) months
Must comply
with all laws
No common areas
Program Structure – Boulder, Colorado
1/18/2017
6
University/City
Reg
Form
Due
Contact
#s
Must
live at
house
Eligible
Days
Time to
end the
party
Location Age of
registrant Violations Laws Misc
Fort Collins,
Colorado
Co‐managed by
City &
University
I week
prior
2Yes
Fridays,
Saturdays
and
specified
holidays
20
min
Party may only
be at place
indicated on
reg form,
registrants
must be on site
18 y/o
If a warning or
citation is issued
at a reg party,
no parties can
be registered
for 6 months
Must
comply with
all laws
Criminal or MC
violations other
than noise will
result in
immediate police
action w/o a
warning call
No common
areas
Amplified music
must be inside
Program Structure – Fort Collins, Colorado
74
47
75
18
3 574 5
0
10
20
30
40
50
60
70
80
2013 2014 2015
Warnings & Citations from Registered Parties
warnings citation Citation issued w/o warning
1/18/2017
7
Program launched on September 12, 2016
175 registered parties
11 warning calls
No citations issued to registered parties
University/City
Reg
Form
Due
Con.
#s
Must
live at
house
Eligible
Days
Time
to end
the
party
Location Age of
registrant Violations Laws Misc Non Reg Parties
Amherst,
Massachusetts
Program
managed by
UMASS
One
week
prior 1
Not
specified
Fridays &
Saturdays
only
20
min
Party may
only be at
place
indicated on
reg form,
registrants
must be on
site
18 y/o
If ciation is
issued to
registered
event, no
parties may be
registered at
the property
for the
remainder of
the semester
Must
comply
with all
laws
Greek & other
recognized
organizations NOT
eligible to reg
Non registered
parties don’t get the
benefit of a warning
Registered parties
are not guaranteed a
warning either if
complaints are made
Program Structure - Amherst, Massachusetts
University/City
Reg
Form
Due
Contact
#s
Must
live at
house
Eligible
Days
Time to
end the
party
Location Age of
registrant Violations Laws Misc
Clemson,
South Carolina
Program
managed by
Clemson PD
2 days
prior
to
event
2Yes
7 days a
week
20
min
Party may only
be at place
indicated on
reg form,
registrants
must be on site
18 y/o 3 NVN, no more
parties may be
registered for
the year
Must comply
with all laws
Reg parties not
guarantee the host or
attendees are relieved
of legal consequences
arising from conduct
associate with parties
Program Structure - Clemson, South Carolina
1/18/2017
8
69
86
76
86
35
10 14 14
0
10
20
30
40
50
60
70
80
90
100
2012 2013 2014 2015
Warnings & Citations for Registered Parties
Warnings Citation
Program Flow
1/18/2017
9
Recommendation Re-cap
1. Receive a presentation on voluntary party registration program options
2. Provide guidance to staff regarding initiation of a municipal voluntary
program
YES NO
1. Direct staff to create a voluntary party registration pilot program?
2. If yes, what features are important to be included?
a) 20 minute warning period to end noise?
a) Specific days of the week? If yes, which days?
a) Cost or fee for registration?
a) In person registration?
a) Person must live at property being registered?
a) Common areas may be registered?
a) Person must be 18 years of age or older?
3. Return to Council after specific period to report results?
4. Allow for program to be administratively managed through PD?
Focus Questions