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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 r~ 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