The URL can be used to link to this page

Home My WebLink About03/19/2002, PH 5 - INTRODUCTION OF AN ORDINANCE AMENDING MUNICIPAL CODE SECTIONS 1.12.060, 12.20.110, AND 12.22.06 AS coumi j AC En6A Rpm `�Nj.V4,5- CITY 4,5-CITY OF SAN LUIS OBISPO FROM: and LeSage,Director Parks and Recreation Prepared By. Brandi Diffenderfer,Ranger Service Coordinator SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING MUNICIPAL CODE SECTIONS 1.12.060, 12.20.1109 AND 12.22.06 AS IT RELATES TO PARKS AND OPEN SPACE VIOLATIONS CAO RECOMMENDATION As recommended by the Parks and Recreation Commission, introduce on first reading an ordinance amending Municipal Code Sections 1.12.060, 12.20.110, and 12.22.060, to change parks and open space violations from misdemeanors to infractions. DISCUSSION Within Title 12 of the Municipal Code, section 12.20 establishes rules for the use of City parks and section 12.22 applies to open space areas. When designated by the City Administrative Officer (CAO),park rangers have the authority to enforce these municipal codes, and if necessary, cite people for minor violations. It was recently called to staff's attention that because the Municipal Code does not designate violations of park [section 12.20] and open space [section 12.22] rules as infractions, they are considered misdemeanors. This creates a problem with enforcing these rules, as rangers are not currently authorized by the CAO to cite for misdemeanors. In addition, violations of the park and open space sections of the municipal code are not serious enough to be designated as misdemeanors. As a result, some recent citations issued by the park rangers have been dismissed The proposed Amendments to the Code will deem the violations as infractions, allowing park rangers to cite if necessary. However,the park rangers will continue to only issue citations in order to uphold the law when education has failed to gain user compliance. Citations are seen as a last resort and are typically issued after repeated offenses. The recommended chances are as follows: Section 1.12.060, item B, Add: Chapters 12.20 Park Regulations and Chapters 12.22 Open Space Regulations Note-This code is necessary to amend in order to designate the chapters as infractions. Section 12.20.110, item C,Add: Violations under this chapter shall be designated as infractions. Section 12.22.060, Add: Violations under this chapter shall be designated as infractions. 1 Council Agenda Report—Amending Municipal Code Sections 1.12.060, 12.20.110, 12.22.060 Page 2 CONCURRENCES The Parks and Recreation Commission reviewed this item at their regular meeting on March 6,2002. The item was approved 5:1. A copy of the minutes distributed at a later date. The Police Chief concurs with this recommendation. FISCAL IMPACT A portion of the fees collected from citations issued under these ordinances return to the City. ALTERNATIVES If the revisions to these ordinances are not passed, the City rangers will not have citation authority. Therefore, each time a citation needs to be issued, the rangers will have to call the Police Department for assistance. Attachments 1. Ordinance 2. Legislative Draft Sz ATTACHMENT ORDINANCE NO. (2002 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTERS 1.12 DESIGNATION OF INFRACTIONS, 12.20 ENFORCEMENT (IN CITY PARKS), 12.22 ENFORCEMENT (CITY OPEN SPACE), OF THE SAN LUIS OBISPO MUNICIPAL CODE,TO CHANGE PARKS AND OPEN SPACE VIOLATIONS FROM MISDEMEANORS TO INFRACTIONS BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 1.12.060 of the San Luis Obispo Municipal Code is hereby amended to read as follows: SECTION 1.12.060 DESIGNATION OF INFRACTIONS A. Wherever this code so specifies, a violation of this code shall constitute an infraction rather than a misdemeanor. B. In addition, a violation of any of the following provisions shall constitute an infraction, and not a misdemeanor: Chapter 3.04 and 3.08 - Tax Procedure: Chapters 10.04— 10.76 and 10.84 - Traffic Regulations; Title 6 - Animal Regulations; Chapter 12.24 -Tree Regulations; Chapter 3.01 - Business Tax; Chapter 3.12 - Uniform Sales and Use Tax; Chapters 12.04—12.16 - Street Excavations; Chapter 13.04-Public Utilities and Rates; Chapter 9.12 -Noise Control; Chapter 12.20-Park Regulations; Chapter 12.22 -Open Space Regulations. (Ord. 1202 § 22, 1991; Ord. 1159 § 1, 1990: prior code § 1205) SECTION 2. Section 12.20.110 of the San Luis Obispo Municipal is hereby amended to read as follows: SECTION 12.20.110 ENFORCEMENT A. The police department shall have the primary responsibility for the enforcement of the provisions of this chapter. B. In addition, all personnel in the park and recreation department and all public works department personnel in the parks and building maintenance divisions shall have the duty to enforce the provisions of Sections 12.20.040 and 12.20.050. C. Violations under this chapter shall be designated as infractions. (Ord. 1309 § 11, 1996; prior code § 4226.10) 7 tril-T7 PSGa6lIlIU EN ! Ordinance No. (2002 Series) Page 2 SECTION 3. Section 12.22.060 of the San Luis Obispo Municipal Code is hereby amended to read as follows: SECTION 12.22.060 ENFORCEMENT The Parks and Recreation Department, through its park rangers, shall have the primary responsibility for the enforcement of the provisions of this chapter. Park rangers and city police officers shall have the authority to cite individuals found to be in violation of the provisions of this chapter. In addition, other city staff involved in the maintenance and operation of city open space lands shall have the authority to enforce the provisions of this chapter. Violations under this chapter shall be designated as infractions. (Ord. 1332 § 1 (part), 1998) SECTION 4. 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 day of 2002 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2002, on the following roll call vote: AYES: NOES: ABSENT: Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: �Ilrfyl& J geg n, 91y Attorney ATTACHMENT 2 Legislative Draft Chapter 1.12 GENERAL PENALTY Sections: 1.12.060 Designation of infractions Chapter 12.20 PARK REGULATIONS Sections: 12.20.110 Enforcement OPEN SPACE REGULATIONS Sections: 12.22.060 Enforcement ATTACAMENT 1.12.060 Designation of infractions A. Wherever this code so specifies, a violation of this code shall constitute an infraction rather than a misdemeanor. B. In addition, a violation of any of the following provisions shall constitute an infraction, and not a misdemeanor: Chapters 3.04 and 3.08 -Tax Procedure; Chapters 10.04— 10.76 and 10.84-Traffic Regulations; Title 6 -Animal Regulations; Chapter 12.24-Tree Regulations; Chapter 3.01 -Business Tax; Chapter 3.12 -Uniform Sales and Use Tax; Chapter 12.04— 12.16 - Street Excavations; Chapter 13.04-Public Utilities and Rates; Cha ter 9.12-Noise Control(Ord. 1202 § 22, 1991; Ord. 1159 § 1, 1990:prior code § 1205); hapt&12 20=Park Regulations Ater 1112 =Open Space Regulations 12.20.110 Enforcement A. The police department shall have the primary responsibility for the enforcement of the provisions of this chapter. B. In addition, all personnel in the park and recreation department and all public works department personnel in the parks and building maintenance divisions shall have the duty to enforce the provisions of Sections 12.20.040 and 12.20.050. Ord. 1309 § 1.1, 1996;prior code § 4226.10) C. iolatioiis under this c)iapter,shall be designated.as infractions, 12.22.060 Enforcement The parks and recreation department, through its park rangers, shall have the primary responsibility for the enforcement of the provisions of this chapter. Park rangers and city police officers shall have the authority to cite individuals found to be in violation of the provisions of this chapter. In addition, other city staff involved in the maintenance and operation of city open s ace lands shall have the authority to enforce the provisions of this chapter. solations under-tlius c to hall'be desi ted as infractions (Ord. 1332 § 1 (part), 1998) TING AGENDA L„ E 3-19-0ITEM#_ P1= Item 2 from the Parks and Recreation Commission Meeting of March 6, 2002. 2. Amending Municipal Codes Sections 1.12.060, 12.20.110,and 12.22.060 Brandi Diffenderfer presented the Commission with staff report regarding Amending Municipal Code Sections. On a motion by Pyper, seconded by Larson, the Commission voted 6:1 (Clay) to recommend amending Municipal Codes Section 1.12.060, 12.20.110, and 12.22.060. RECEIVED UNCIA ❑ CDD DIR AAC ❑ FIN DIR P9AZ ?O�!� [4'�yfTORNEY C1 OW DIR 0 FIRE HIEF SLO CITY COUNCIL cLPRw®RI® C� per CHF QFC DIR _ �lTIL 61R HR DIR