HomeMy WebLinkAbout10/25/1993 BAKERSFIELD
Patricia M. Smith, Chair
Patricia J. DeMond
Lynn Edwards
Staff: Trudy Slater
Judy Skousen
AGENDA
LEGISLATIVE AND" LITIGATION COMMITTEE
Monday, October 25, 1993
12:00 noon
City Manager's Conference Room
1. Loitering Ordinance for Purposes of Drug-Related Activities
2. Loitering Ordinance for Purposes .of Prostitution
3. Legislative Platform
4. Request for English as an Official Language
5. Legislative Update
6. Set Next Meeting
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTE~ 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 Purpose.
9.19.020 Definitions.
9.19.030 Acts prohibited.
9.19.040 Circumstances.
9.19.050 Enforcement.
9.19.060 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 scourge of sales 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 c~m.unity and is a factor which
not only deprecSates the value of property upon which su=h
activity occurs, but also depreciates the value of adjacent and
surrounding properties, and adversely affects the city's image,
business, development and housing costs.
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 c~,,.unity discontent. This
ordinance will serve to mitigate these adverse effects by further
limiting the means by whichdrug sales can occur.
9.19.020 Definitions.
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.
9.19.030 Acts prohibited.
It is unlawful for any person to loiter in, on or near any
thoroughfare or place open to the public or near any public or
private place in a manner and under circumstances manifesting the
purpose of engagingin 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 knownunlawful drug user, Possessor, or seller.
For purposes of this chapter, a "known unlawful drug user,
possessor or seller" is a person who has, 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; or a
person who displays physical characteristics of drug intoxication
or usage, such as"needle tracks"; or a Derson who possesses
narcotic and/or drug paraphernalia. For PUXlOoses of this
chapter, "narcotic and/or drug paraphernalia" is defined as any
device, contrivance, instrument or apparatus designed or marketed
for the use for smoking or injecting, ingesting or consuming
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 for the smoking of
the foregoing;
B. ' Is currently subjec~ to an order prohibiting his or her
presence in an high drug activity geographic area;
C. 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";
D. Is physically identified by the officer as a member of'
a "gang" or association which has, as its'purpose, illegal drug
activity;
E. Transfers small objects or packages for currency in a
furtive fashion;
F. Takes-flight upon the appearance of a'police officer;
G. Tries to Conceal himself or herself or any object which
reasonably could be involved in an unlawful drug-related
activity;
H. Is in an area that is known for unlawful drug use and
trafficking;
I. Is on or in premises that have been reported to law
enforcement as a place suspected of unlawful drug activity;
J. 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 , 1993, issued by the Chief ~.
of Police, as approved by the City Council in Council Resolution
No. , adopted on ,. 1993. A copy of
said resolution shall be kept on file in the office of the City
Clerk.
9.19.060 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
I'~Y 'CERTIFY that the foregoing Ordinance was
Passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on , by the
following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEy of the'City of Bakersfield
MGA:gp
ORDINANCE\LOITER
4/30/93
CITY OF BAKERSFIELD.
DRUG LOITERING. ORDINANCE
TRAINING OUTUNE.
FOUR HOURS OF INSTRUCTION
INTRODUCTION: 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 four hour block of instruction relating to
Chapter 9.19 will be allowed to enforce its provisions. The four hour block of instruction
will cover the following:
I. Elements of Bakersfield Municipal Code Sections
A. Loitering.
1, 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.
2. Citizen information may alSo be used to establish how long
the subject has been loitering at the location.
B. Subject's conduct/circumstances establish probable cause that the
subject intends to engage in illegal drug activity based on your
training, experience, and knowledge..
1. Subiect is a known druq user, possessor, or seller. This
" is established through officer's observations, personal
knowledge, and by documents, such as RAP sheets or court
dockets.
Subiect is currently prohibited by court order from bein~i
in hiqh druq activity area. Officer may have personal
knowledge of the court' order, but must obtain actual court
documentation for filing Of the case.
~ 3. 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.
4. G-_nq members whO associate for purpose of ille,qal drucl
activity. Personal knowledge by the officer' tha~ part of the
g,ang's activity .is to engage in illegal drug activity, and the
subject in question' is a knOWn gang member.
5. ~. Transfer of. small object or packages' for currency
in a furtive fashion.
6.. Fliqht from Police. Subject takes flightupon the appearance
of a police officer. ~
7. Concealment. Subject attempts to conceal himself or any
object that could 'reasonably be involved in unlawful drug
activity.
8. Location. Subject is in an area. that is known for unlawful
drug use and trafficking.
9. 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 ivehicle
registered to a known unlawful drug user, possessor, or
seller; or a person for which thers is an outstanding warrant
for a crime involving drug-related activity.
I1. Legal Backgroundl
A. Laws which prohibit loitering for a specific illeqal purpose generally
upheld as constitutional.
B. Loitering for purposes of prostitution, and loitering in the area of
toilets for lewd purposes are "mirror-images" of drug loitering law.
III. Enforcement Guidelines.
A. 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.
B. Drug loitering law is not to be used indiscriminately to limit the
access of persons to public or private areas.
'2
C. Ideally more than one of the listed circumstances should be present
for an arre~.
IV. Use and Application.
A. 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.
B. 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.
C. Do not use this ordinance as a lessor included offense to a felony
drug charge, however, it may be cited as probable cause if
warranted.
D. 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.
A. Art!culate the elements and conditions that sUrround the
circumstances of the offense and arrest.
B.. 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.
3
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 9.13
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO LOITERING FOR THE PURPOSE
OF ENGAGING IN A PROSTITUTION OFFENSE
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1
Chapter 9.13 is hereby added to the Bakersfield
Municipal Code to read as follows:
CHAPTER 9.13
LOITERING FOR THE PURPOSE OF
ENGAGING IN A PROSTITUTION OFFENSE
Sections:
9.13.010 Purpose.
9.13.020' Definitions.
9.13.030 'Loitering for the purpose of engaging in
prostitution.
9.13.040 Severability.
9.13.050 Penalty.
9.13.010 Purpose.
This chapter is enacted for the purpose of assisting local
law enforcement in controlling prostitution-related activities
and to minimize the adverse effect these activities have upon the
City of Bakersfield.
The City Council finds and determines that loitering for the
purposes of engaging in a prostitution offense constitutes a
public nuisance which, if left unabated, adversely affects the
City's image, public safety, residential and business
~development, and tends to encourage further criminal activity.
Furthermore, prostitution-related activities consume an
inordinate amount of the City's limited law enforcement
resources. The ordinance is intended to supplement existing
state legislation by making it a criminal offense to loiter.in a
public place for purposes of engaging in a prostitution offense.
9.13.020 Definitions. .
For purposes of this chapter, the following definitions will
apply:
A. "Commit Prostitution" means to engage in sexual
conduct for money or other consideration, but does not include
sexual conduct engaged in as a part of any stage performance,
play, or other entertainment open to the public.
B. "Known Prostitute or Procurer" means a person who'
~within one (1) year previous to. the date of arrest for violation
of this section has,'within the knowledge of the arresting
officer, been convicted in any court of the state of California
for any offense relating to or inVolving prostitution as defined
in the Penal Code of the State of California or the Bakersfield
Municipal Code.
C. "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.
9.13.030 Loitering for the purpose of en~a~ing in prostitution.
It is unlawful for any person to loiter in or near any
public place with the intent to commit prostitution. Such intent
is evidenced by acting in. a manner and under circumstances which
openly demonstrate' the purpose of inducing, enticing or
soliciting prostitution or procuring another to commit
prostitution. No arrest shall, be made for violation of this
section unless the arresting officer first affords such person an
opportunity to explain such conduct, and no one shall be
convicted of Violating this section .if it appears at trial that
the explanation given was true and disclosed a lawful purpose.
Among the circumstances which may be considered in
determining whether a person intends such prohibited, conduct'are
that she or he:
A. Repeatedly beckons to, stops, or attempts to stop
or engage passersby in conversation;
B. Repeatedly stops-or attempts to stop motor vehicle
operators by hailing, waving of arms or any other bodily gesture;
C. Has previously been convicted of violating this
section;
D. Circles an area in a motor vehicle and repeatedly
beckons to, contacts or attempts to contact, or stop pedestrians;
or ~
2
E. IS a known prostitute or procurer.
9.13.040 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
remaining portion thereof.
9.13.050 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.
oOo
I HE~Y CERTIFY that the foregoing Ordinance was
passed and adopted by the CounCil of the City of Bakersfield at a
regular meeting thereof held on , by the
following vote:
CITY'CLERK and Ex Officio Clerk of-the
Council of the City of Bakersfield
APPROVED
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
0RDINANCE\LOITER ~ PRO
6/7/93
4
CITY OF BAKERSFIELD
1992-93 3-94 LEGISLATIVE PLATFORM
The City of Bakersfield provides governmental decision making at the level
closest to the people. It, therefore, is encumbent upon its elected officials to
provide legislative leadership within the City's borders as well as when dealing
with other legislative entities. The following policy statements reflect the legislative
platform of the City of Bakersfield for 1992 93. 3-94.
General Policy Statements
Support legislation which enhances the City's ability to finance and
economically, efficiently, and effectively provide local discretionary and state or
federally mandated programs.
Support legislation which provides for governmental decision making at the
level closest to the people whenever it is most likely to produce the most effective
and efficient result.
Support legislation which enhances local land use decision-making
authority.
Oppose legislation which allows state control over and use of traditional
local government revenue sources.
Quality of Life
Support legislation which promotes safe, efficient, cost effective, and
responsible management of the environmental components of issues such as air
quality, transportation, wastewater treatment, and solid waste management.
Support legislation which increases city participation in state and federal
issues of regional concern.
Support legislation which provides continued funding of recreational and
open space programs of support.
Support legislation that calls for appropriate municipal representation on
policy-making bodies with interjurisdictional powers (i.e., LAFCO, COG, ID-4).
Support drug abuse prevention legislation.
1992-93 Legislative Platform
Page 2
July 1, 1992
General Government
Support legislation which expands the City's ability to deal on a state level
with state-mandated issues affecting the financial condition of the city.
Support legislation which enhances local control over program scope,
implementation, and funding.
Support legislation which provides for equitable distribution of state funds
for local programs.
Oppose legislation which intrudes into the local collective bargaining
process.
Finances
.... ~ .... ~ ......... prc';!ded ' he
Support legislation advocating responsible and reasonable state-mandated
programs if revenues are provided and such legislation is of clear benefit to the
City.
Oppose the imposition of fees at the local level to fund state programs not
related to local matters.
Support legislation which reduces the negative financial and operational
impacts of tax increment financing on affected agencies.
Support legislation which improves local government's ability to finance
discretionary programs.
Support legislation which promotes continued economic diversification of
the local economy.
(legiplat)
1.6732:Cedarwood."~ii~cle~,:.
-Cer~i~os,.:CA:.,~90.701~". ....
'July:.'l$ ,.19937
Honorable Mayor' and'Councilmembers .. . ¢7.
City Hall
California '
LANGUAGE OF GOVERNMENT ACT - H.R. 123, S. 426~
EMPLOYER'TAX CREDIT TOTEACH ENGLISH - H.R. 124 '
Dear Mayor.and Councilmembers=
DO YOU WANT GOVERNMENT TO BE'MULTILINGUAL?
IT'S ALREADY HERE.
In Los. Angeles County, several government agencies provide bilingual
service at great cost.to taxpayers. Without your:'vital_support of
English, Americans will soon have multilingual~government in the US~
Please consider the'merit of your county supporting-three bills
now. before the Congressional agenda= H.R. 123 and S. 426, the
Language of Government Act~ and H.R. 12'4, Employer~Tax Credit.to
Teach Employees English. The first two bills, would declare our
common language, English, to be the official_.language of America.
The-third.would provide employer incentives.viatax:creditto
teach employees English. All three will save counties-money
and..increase 'communication.
In"i992' i49 Congressmembers co-sponsored H.'R; 123. Despite 34%
of its membership 'supporting this bill, a_committee denied permission
for:a public'hearing. The overwhelming majority, of'Americans and
~mmigrants want-Congressto make English our-'.official, language,
yet.H.R. 123 is stonewalled in committee. We need'your help.
Also las~ year, Congress voted for Public Law 102-344 mandating
multi.lingual, voting .ballots, stating'that"~this~.1aw.-sha11 not be
subject':to rev~ew.inany court. As we. know,.-judicial review ~s a
r~ght in our democracy since Marbury rs, Madison in 1803. This
federal law.d~d not 'include one red cent to pay for. the cost of
printing.multilingual ballots-- washington said let the local tax-
'payers who don~t want it pay for it. Its effect-was to require
Los-~Angeles County to print ballots in'seven.'languages at'a cost
of:'$1,000,000-to local taxpayers.
Our:Founding Parentshad wisdom to reali'ze an immigrant nation.must
have-a~common language to establish unity. Today, Congress has
reversed our national unity by voting for multil~ngual.government.
A common language was necessarywhen I .studied six languages ~n college.
Please. support these bills with a letter'or resolution, or send this
letter to your representatives. A sample resolution is enclosed.
Samol~ COmmon Lancruaoe ResoXu~lon
~ RESOLUTION NO.. ' ....
A iIESOLUTION OF T~. (AGENCY) .' ,.
SUPPORTING H.R. 123, 124, S.B; 426, :
AND STA~ BILL , ~
OF GOWn,ACT, EHPLOYER TAX
TO RESOLVE, that our common-language/he'our governing .language:
WHEREAS,'America is a'.country of immigrants where--people come .together
to improve the.quality of their
WHEREAS, Anerica's immigrants could build a new nation'and contribute.-
their diverse cultures only by sharing a common language;
WHEREAS, a common language allows Americans to participate fully in our
democracy: sharing viewpoints, debating differences, forging comprom--
iaea, and. influencAn9 one another's opinAons;
WHEREAS, full political, econOmic, and soci'al participatAon depends
upon knowifl9 th~ common language;
WHEREAS, by providAng a means ~o communica~e across ethnAc and
lanes, a common language unAtes people and el~mAna~es mAsunders~andAng,
separation, distrus~, and discord~
WHEREAS, EnglAsh is our single, shared language-o the one language
tha~ crosses all e~hn~c, racial, na~onality, and relAgious l'Anes and
allows Americans ~o share their mul~cul~ural backgrounds;·
WHEREAS, the common language movemen~ is supported by cAtizens from
~he full demographic spectrum An our country and by new immAgrants,
mos~ of whom come from countrAes with officAal languages;
WHEREAS, multilingual individuals are an asset to the* nation, but
multA-IAngual 9overnmen~ is a formula for bankruptcy; and a common
language wall save mAllions of State and Federal tax money for
crA~ically needed socAal, services;
WHEREAS, priorit~es are mAsplaced when agencAes spend money ~o duplicate
9overmnent 2n multApl® languages while new AmmAgrants. still lack
sufficient, oppor~unAties to learn English;
THEREFORE BE IT RESOLVED, that this body calls for the adoption of
loglcal, coherent ~anguage of Govermnent legAslatAon that will:
-Establish sensible public polAcy on government use of multlple
languages: allovAng for essentAal servlces--emergency, health,
safety, and ~us~Ace--whAle stipulating that offAcial acts and
records must be An our one, shared languagel
-Put the focus where it belongs: on Ancluding and emPOwering
new adneF~cans~by teaching them our co~unon language, English.
BE ~? FUR~ER RESOLVED, that ~his body supports Federal
bills H.R. 123 and 124 in the House of RePresentatives,
S. 426 in the Senate, and State Bill in the'State
Legislature:
BE IT .FURTHER RESOLVED, that copies of this resolution
be forwarded to President Clinton, Vice President Gore*,
U.S. Senators and ;
U.S.' Representatives and. ;
Governor ; State Senators ;
S~ate Asse~1ym~mhers ; National Association
of Counttes~ State Association of Counties; Thomas
BFachko; State DepartJnent Officials dealing with the
subject matter of this resolu~ton, and such other public
officials as the Clerk may deem appropriate.
Reepect£ully submitted t~hla day of ,'19~.
Clerk Chairperson