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Home My WebLink About12/14/2004, C1 - ADOPTION OF AN ORDINANCE ENABLING SAFETY ENHANCEMENT ZONES IN THE CITY OF SAN LUIS OBISPO, AND ESTA councit MmmgD= 12-14-04 j ac En as Report 1�Nbw C I CITY OF SAN LUIS O B I S P O FROM: Deborah Linden, Chief of Police® Prepared by: Captain Dan Blanke SUBJECT: ADOPTION OF 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 adopts 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 On December 7, 2004, the City Council voted 5 to 0 to introduce Ordinance No. 1469 adding Chapter 9.22 to Title 9 of the San Luis Obispo Municipal Code to 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 to establish a city-wide Safety Enhancement Zone during the period of Mardi Gras each year. Ordinance no, 1469 is now ready for adoption. The ordinance will become effective 30 days after its final passage. CONCURRENCES Adoption of the ordinance is supported by Residents for Quality Neighborhoods (RQN), the Student Community Liaison Committee (SCLC) and Cal Poly Associated Students, Inc. (ASI). FISCAL IMPACT The costs of printing additional citations will be absorbed within the existing Police Department budget, and will be off-set by revenue generated by associated fines. ALTERNATIVES Council can choose not to adopt the ordinance. This is not recommended since staff believes that this ordinance will be an effective tool in discouraging criminal behavior during Mardi Gras 1 ' I � Report Title Page 2 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) Ordinance No. 1469 j Attachment #1 ORDINANCE NO. 1469 (2004 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADDING CHAPTER 9.22 TO TITLE 9 OF THE SAN LUIS OBISPO MUNICIPAL CODE ESTABLISHING SAFETY ENHANCEMENT ZONES, INCREASING FINES AND PENALTIES FOR.MUNICIPAL CODE VIOLATIONS IN AN AREA DESIGNATED AS A SAFETY ENHANCEMENT ZONE FOR THE TIME THE DESIGNATION IS EFFECTIVE,AND DESIGNATING THE CITY OF SAN LUIS OBISPO AS A SAFETY ENHANCEMENT ZONE DURING THE EXTENDED MARDI GRAS WEEKEND (12:01 AM ON THE THURSDAY PRECEDING "FAT TUESDAY" UNTIL 7:00 AM ON THE WEDNESDAY FOLLOWING"FAT TUESDAY" OF EACH YEAR) WHEREAS, the potential for future incidents of public disorder and serious misconduct on a large scale requires that Council have the ability to establish Safety Enhancement Zones in specific locations and for specific time periods;and WHEREAS, San Luis Obispo has gained international notoriety for being the destination for participating in the largest Mardi Gras celebration west of the Mississippi River; and WHEREAS, during Mardi Gras, San Luis Obispo is the site of numerous large parties, with throngs of young people traveling between them carrying open alcohol containers, urinating in public, and committing a variety of other alcohol-related violations; and WHEREAS, crowds, excessive alcohol consumption, and associated violent behavior during Mardi Gras have steadily increased over the last 10 years; and WHEREAS, during Mardi Gras 2004, a riot occurred at the intersection of Foothill and California Boulevards in San Luis Obispo; and WHEREAS, during Mardi Gras 2004, police made 200 arrests and issued 130 citations;.and WHEREAS, the cost was approximately $500,000 for law enforcement and other public services required to control the chaos of Mardi Gras 2004; and WHEREAS, the increased penalties for citations will reduce the amount of criminal activity in San Luis Obispo during the,period of Mardi Gras, and reduce the potential for a major disturbance by providing law and code enforcement officers with additional tools to obtain prompt compliance with all applicable statutes and ordinances; and WHEREAS, San Luis .Obispo is a charter city with the authority to adopt ordinances and resolutions governing matters pertaining to municipal affairs, and the provisions of this ordinance are designed to protect the health safety and welfare of the residents of, and C� - 3 Ordinance No. 1469 (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 C - � Ordinance No. 1469 (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: Jona\bai.toe. Lowell City Attorney