HomeMy WebLinkAboutORD NO 3591O INANCE 3 5 9 1
AN O~DINANCE ADDING CHAPTER 9.19 OF
THE BAKERSFIELD MUNICIPAL CODE
RELATING TO LOITERING FOR PURPOSES
OF DRUG-RELATED ACTIVITIES.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1
Chapter 9.19 is hereby added to the Bakersfield
Municipal Code to read as follows:
CHAPTER 9.19
LOITERING FOR DRUG ACTIVITIES
Sections:
9.19.010
9.19.020
9.19.030
9.19.040
9.19.050
9.19.060
9.19.070
Purpose.
Definitions.
Acts prohibited.
Circumstances.
Enforcement.
Severability
Penalty.
9.19.010 Purpose.
Like many other communities across this nation, the City of
Bakersfield is experiencing an increase in the street sales of
marijuana, PCP, rock cocaine and other controlled substances as
defined in the Health and Safety Code of this state.
It is the intent of this ordinance to assist law enforcement
personnel of this city in abating the sale of controlled
substances. The City Council finds and determines that the sale
of controlled substances constitutes a continuing public nuisance
which adversely affects the public health, safety and welfare,
fuels fear among the community and is a factor which not only
depreciates the value of property upon which such activity
occurs, but also depreciates the value of adjacent and
surrounding properties, and adversely affects the city's image,
business, development and housing costs.
ORIGINAL
The purpose of this ordinance is, therefore, to further
assist law enforcement to minimize the impact which drug sales
have on the city's quality of life, overall sense of feeling of
safety and security of its citizens, and economic stability. The
sale of controlled narcotic substances breeds criminal and gang-
related activities and breeds community discontent. This
ordinance will serve to mitigate these adverse effects by further
limiting the means by which drug sales can occur.
9.19.020 Definitions.
A. AS used in this subdivision, "loiter" means to delay or
linger without a lawful purpose for being on the property and for
the purpose of committing a crime as opportunity may be
discovered.
B. "Public Place" means an area open to the public or
exposed to public view, and includes streets, sidewalks, bridges,
alleys, plazas, parks, driveways, parking lots, automobiles
(whether moving or not) and buildings open to the general public,
including those which serve food or drink, or provide
entertainment, and the doorways and entrances to buildings or
dwellings and the grounds enclosing them.
9.19.030 Acts prohibited.
It is unlawful for any person to loiter in, on or near any
public place in a manner and under circumstances manifesting the
purpose of engaging in drug-related activity defined as offenses
in chapters 6 and 6.5 of division 10 of the California Health and[
Safety Code.
9.19. 040 Circumstances.
Among circumstances that may be considered in determining
whether such purpose is manifested are that the person:
A. Is a known unlawful drug user, possessor, or seller.
For purposes of this chapter, a "known unlawful drug user,
possessor or seller" is a person who has, within five (5) years
previous to arrest under this chapter, within the knowledge of
the arresting officer, been convicted in any court within this
state of any violation involving the use, possession or sale of
any of the substances referred to in chapters 6 and 6.5 of
division 10 of the California Health and Safety Code, or such
person has been convicted of any violation of any of the
provisions of said sections or substantially similar laws of any
political subdivision of this state or of any other state;
B. Displays physical characteristics of drug intoxication
or usage, such as "needle tracks"; or a person who possesses
narcotic and/or drug paraphernalia. For purposes of this
chapter, "narcotic and/or drug paraphernalia" is defined as any
device, contrivance, instrument or apparatus designed or marketed
for the use of smoking or injecting, ingesting or consuming
ORIGINAL
marijuana, hashish, PCP or any controlled substance, as defined
in section 11364 and related provisions of the Health and Safety
Code of this state, including roach clips and cigarette papers
and rollers designed or marketed for the use of smoking the
foregoing;
C. Is currently subject to an order prohibiting his or her
presence in an high drug activity geographic area;
D. Behaves in such a manner as to raise a reasonable
suspicion that he or she is about to engage in or is then engaged
in an unlawful drug activity, including, by way of example only
and not limited to, acting as a "look-out";
E. Is physically identified by the officer as a member of
a "gang" or association which has, as its purpose, illegal drug
activity;
F. Transfers small objects or packages for currency in a
furtive fashion;
G. Takes flight upon the appearance of a police officer;
H. Tries to conceal himself or herself or any object which
reasonably could be involved in an unlawful drug-related
activity;
I. Is in an area that is known for unlawful drug use and
trafficking;
J. Is on or in premises that have been reported to law
enforcement as a place suspected of unlawful drug activity;
K. Is in or within six feet of any vehicles registered to
a known unlawful drug user, possessor or seller, or a person for
whom there is an outstanding warrant for a crime involving drug-
related activity.
9.19.050 Enforcement.
Enforcement of this chapter shall be pursuant to the policy
statement dated April 8, 1994, issued by the Chief of Police. A
copy of said training outline shall be kept on file in the office
of the City Clerk, and is attached hereto as exhibit "A".
This ordinance shall be reviewed by the City Council at a
public hearing six months from its effective date.
9.19.060 Severability.
If any section, sub-section, sentence, clause, phrase or
portion of this chapter is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the
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ORiGiNAL
provision, and such holding shall not affect the validity of the
remaining portion thereof.
9.19.070 Penalty.
A violation of any provision of this chapter is a
misdemeanor, punishable as set forth in the Penal Code of this
state.
SECTION 2
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
4
ORIGINI~L
I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on MAY 84 ~ , by the
following vote:
AYES: COUNCILMEMBERS
.. McDERMOTT, F.D¥~, DeMOND, SMITH, BRUNNI, ROWLES, SALVAGGIO
NOES: COUNCILMEMBERS ~,..3~ ~
· BSTAIN: COUNCILMEMBERS Y~ o,'"~ ~.-
ABSENT; COUNCILMEMBER8 ~ o~ ~--
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
M ¥O4
'MB~o~Rof the C~ersfield
APPROVED as to form:
JUDY i
ACTIN~
CITY ATTORNEY
of the City of Bakersfield
M~A:gp
ORD]]~ANCE\LOITF:~ . DR/3
04/08/94
ORIGINAL
EXHIBIT "A"
CITY OF BAKERSFIELD
DRUG LOITERING ORDINANCE
TRAINING OUTLINE
MINIMUM FOUR HOURS OF INSTRUCTION
INTKODUCTION: By ordinance, the City Council of the City of
Bakersfield has added chapter 9.19 to the Bakersfield Municipal
Code. The chapter relates to loitering for purpose of drug-related
activities, making it a misdemeanor to loiter under certain
circumstances. Only officers who receive a minimum four-hour block
of instruction relating to chapter 9.19 will be allowed to enforce
its provisions. The minimum four-hour block of instruction will
cover the following:
Elements of Bakersfield Municipal Code sections 9.19.010
through 9.19.070.
A. Loitering.
me
To remain in an area without apparent purpose for a
sustained period of time. A period of surveillance
is required to establish that the subject is
loitering.
Citizen information may also be used to establish
how long the subject has been loitering at the
location.
Be
Subject's conduct/circumstances establish probable cause
that the subject intends to engage in illegal drug
activity based on your training, experience, and
knowledge.
Subject is a known drug user, possessor, or seller.
This is established through officer's observations,
personal knowledge, and by documents, such as RAP
sheets or court dockets.
Subject is currently prohibited by court order from
being in high drug activity area. Officer may have
personal knowledge of the court order, but must
obtain actual court documentation for filing of the
case.
Suspicious behavior. Reasonable for the officer to
believe that the subject is about to engage in
unlawful drug activity, to include acting as a
lookout.
Gang members who associate for purpose of illegal
drug activity. Personal knowledge by the officer
that part of the gang's activity is to engage in
illegal drug activity, and the subject in question
is a known gang member.
Page 1 of 3 Pages
ORIGINAl
Dealing. Transfer of small object or packages for
currency in a furtive fashion.
Flight from ~olice. Subject takes flight upon the
appearance of a police officer.
Concealment. Subject attempts to conceal himself
or any object that could reasonably be involved in
unlawful drug activity.
Location. Subject is in an area that is known for
unlawful drug use and trafficking.
Premises. Subject is on or in premises that have
been reported to law enforcement as a place
suspected of unlawful drug activity.
10.
Vehicles. Subject is in or within six feet of any
vehicle registered to a known unlawful drug user,
possessor, or seller, or a person for which there
is an outstanding warrant for a crime involving
drug-related activity.
II. Legal Background.
Laws which prohibit loitering for a specific illegal
purpose generally upheld as constitutional.
III. Enforcement Guidelines.
Use ordinance conservatively. When the violations occur,
Officers should initiate an investigation to determine
the extent of the violation. When in doubt, do not
arrest.
Drug loitering law is not to be used indiscriminately to
limit the access of persons to public or private areas.
Ideally, more than one of the listed circumstances should
be present for an arrest.
No arrest shall be made for violation of this section
unless the arresting officer first affords such person an
opportunity to explain such conduct.
IV. Use and Application.
Not intended to be a "catch-all" ordinance. Don't
contact a subject with one intent and then fall back on.
Drug Loitering Ordinance if the criteria does not exist.
Only Officers who receive training on the proper use of
the ordinance may enforce this ordinance. Said.
enforcement shall be completed in a courteous and[
professional manner.
Page 2 of 3 Pages ~ ~
ORIGINAL
Do not use this ordinance as a lesser included offense to
a felony drug charge; however, it may be cited as
probable cause if warranted.
Do not use to bolster a questionable arrest. Cases
involving the use of this ordinance must be able to
weather the test of court challenge.
V. Reporting.
Articulate the elements and conditions that surround the
circumstances of the offense and arrest.
Be
Incorporate in the arrest report the officer's expertise
--for example, schools attended, experience, training,
number of previous drug arrests and search warrants.
VI. Department Policy.
A. Explanation of purpose.
B. Procedure for implementation of the ordinance.
All arrests made under the provisions of the Ordinance are approved
by a supervisor who is also trained in the Ordinance.
DATE: April 8, 1994
S. E. BR~3MMER
Chief of Police
Page 3 of 3 Pages
r~
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROL WILLIAMS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of
the City of Bakersfield; and that on the 9th day of May, 1994 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3591, passed by the
Bakersfield City Council at a meeting held on the 4th day of May,
1994, and entitled:
AN ORDINANCE ADDING CHAPTER 9.19 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
LOITERING FOR PURPOSES OF DRUG-RELATED
ACTIVITES.
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City Clerk