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HomeMy WebLinkAbout08-20-2013 c2 2nd reading safety enhancement zone amendments FROM: Steve Gesell, Chief of Police Prepared By: Christine Wallace, Neighborhood Outreach Manager SUBJECT: SAFETY ENHANCEMENT ZONE AMENDMENTS RECOMMENDATION Adopt by title only Ordinance No. 1590 (2013 Series) amending the Safety Enhancement Zone to include the time period encompassing the annual start of school of Cal Poly University. DISCUSSION Background On July 2, 2013 the City Council unanimously introduced Ordinance No. 1590 amending Section 9.22.040 of the Municipal Code. Staff initially presented the concept of the ordinance at a City Council meeting on May 21, 2013. At that meeting, a comprehensive overview of efforts was provided that links neighborhood wellness/community civility initiatives to partnerships with neighborhoods, Cuesta College and Cal Poly University. Following that presentation, public comment on the proposed ordinance amendment was heard on July 2 a. Ordinance No.1590 is ready for adoption. The amended text will become effective 30 days after adoption. ATTACHMENT Ordinance #1590 – Safety Enhancement Zones t:\council agenda reports\2013\2013-08-20\second reading- safety enhancement zone amendments (gesell-wallace)\car safety enhancement second reading.docx Meeting Date Item Number 08/20/13 C2 - 1 ORDINANCE NO. 1590 (2013 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 9.22 OF THE SAN LUIS OBISPO MUNICIPAL CODE TO SPECIFY AND AMEND SAFETY ENHANCEMENT ZONES WHEREAS, City of San Luis Obispo Municipal Code Section 9.22.010 authorizes the City Council, upon a finding that there is a need to take immediate action to protect the public health, safety and welfare, to designate a specific geographical area as a “safety enhancement zone,” and WHEREAS, the City Council has previously determined that the periods of time coinciding with Mardi Gras, Halloween, St. Patrick’s Day and the start of the Cal Poly academic school year involve conditions and circumstances throughout the City that create potential for significant threat to public health and safety, including large crowds, excessive and illegal alcohol consumption, and public drunkenness, and WHEREAS, Mardi Gras, Halloween and St. Patrick’s Day were designated as safety enhancement zones on April 20, 2010 with Resolution No. 10165; and WHEREAS, the City Council has observed activities and considered additional information regarding annually recurring incidences of conduct during the time period that coincides with the start of the Cal Poly University academic year that threaten the public peace and safety of the neighborhoods, residents and visitors throughout the City; and WHEREAS, the City Council wishes to expand the currently designated safety enhancement zones in the City to prevent public harm associated with dangerous and criminal activities coinciding with the start of the Cal Poly academic year. 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 periods of time coinciding with Mardi Gras, Halloween, St. Patrick’s Day and the start of the Cal Poly academic school year have regularly created conditions and circumstances throughout 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 specified herein. C2 - 2 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 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 is hereby added to Chapter 9.22 of the San Luis Obispo Municipal Code 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 7:00 a.m. on the Wednesday following "Fat Tuesday." B. The entire area within the city limits of San Luis Obispo is designated a safety enhancement zone from 12:01 am on March 17 (St. Patrick's Day) until 7:00 am on March 18 of each year. C. The entire area within the city limits of San Luis Obispo is designated a safety enhancement zone from 12:01 am on October 31 (Halloween) until 7:00 am on November 1 of each year. If Halloween falls on a Thursday, Friday, Saturday or Sunday, the safety enhancement zone period will be effective at 12:01 am on the Thursday falling on or preceding October 31 until 7:00 am on the Monday following October 31. D. The entire area within the city limits of San Luis Obispo is designated a safety enhancement zone from 12:01 am on the first day of Cal Poly University’s housing move-in day until 7:00 am of the Monday following the first weekend of the fall academic school year. SECTION 3. Ordinance Number 1469 (2004 Series), Ordinance Number 1548 (2010 Series) and Resolution 10165 are hereby amended and superseded to the extent inconsistent herewith. 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 2nd day of July 2013, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 20th day of August, 2013, on the following roll call vote: AYES: NOES: ABSENT: C2 - 3 Mayor Jan Marx ATTEST: Sheryll Schroeder, MMC Interim City Clerk APPROVED AS TO FORM: J. Christine Dietrick J. Christine Dietrick City Attorney C2 - 4