HomeMy WebLinkAbout08/04/1993 BAKERSFIELD
Patricia M. Smith, Chair
Patricia J. DeMond
Lynn Edwards
Staff: Trudy Slater
Larry Lunardini
AGENDA
LEGISLATIVE AND LITIGATION COMMIq'TEE
Wednesday, August 4, 1993
12:00 noon
City Manager's Conference Room
Special Guests: Mayor Bob Price
Mayor Bob Bartlett, City of Monrovia
Police Chief Joe Santoro, City of Monrovia
1. Drug Loitering Ordinance/Law Enforcement Issues
2. 'Set Next Meeting
CITY OF BAKERSFIELD
DRUG LOITERING. ORDINANCE,.
TRAINING OUTLINE
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 drug user, possessor, or seller. This
is established through officer's observations, 'personal
knowledge, and by documents, such as RAP sheets or court
dockets.
2. Subiect is Currently prohibited by court order from beina
~ in hiqh drug 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. Ganfl members who associate, for~rpose of ille.qal dmq
activity. Personal knowledge by-the' officer that 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. Dealinq. Transfer of small object or packages' for currency
.in a furtive fashion.
6. FIi,qht from police. Subject takes flight.upon 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 .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.
, A. Laws which prohibit loitering for a specific illegal purpose generally
, Upheld as constitutional.
B. Loitering for purposes of prostitution, and loitering in the area of
toilets for lewd purposes are "mirror-images" ofdrug Ioitehng 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 arrest.
IV. Use and Application.
A. Not intended to be a "catch all" ordinance. Don't contact a subject
with one intent and then fail 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
chailenge.
V. Reporting.
A. Articulate 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 9.19 OF
THE BA~RRSFIELD MUNICIPAL CODE
~'r.~TING TO LOITEHING ~FO~ ~SES
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 FORDRUG 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 co~nmities across this nation, the City of
Bakersfield is experiencing an increase in the street sales of.
_~.4~ .... ~ PCP, rock cocaine az~.other controlled, subst~,cea as.
defined in the Health and. Safety Code of this state.
It is the intent of this ord/-~-ce to assist law enforc_,~,~_nt
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, safet~
and welfare, fuels fear among the cc~unity ~-d is. a factor which
not only depreciates the value of property uponwhich such
activity occurs, but also depreciates the value.of adjacent and
surroundinqproperties, and adversely affects the city's image,
business, development andhousing costs.
The purpose of this ordinance, is, therefore, to further
assist law enforcement to. minimize the hnpact which drug. sales
have on the city's quality of life, overall sense of feeling of
safety andsecurit¥of its citizens,, and economic stability. The
sale of controlled narcotic substances breeds criminal and gang-
related activities and breeds commmity discont-~t. This
ordinance will serve to mitigate these adverse effects by further
limiting tbe means by which 4rug sales can
9.19.020 Definitions..
As used in this subdivision, "loiter.. means to delay or
linger without a lawful purpose for bein~ on the propert7 and for
the purpo~ of committing a cr/me as o~rtu~ity ~ay 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 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 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 knowle~3e of
the arresting officer, been convicted in any court wieh~ this
state of any violation, involvin~ the use, possession or sale of
any of the substances, referred to in chapters 6 and6.5 of
division 10 of the' California Health and SafetF Code, or such
person has been convicted of any violation, of any of the
provisions of said sections, or substantially similar laws.of an~
political subdivision of this state or of any other state;or a
person who displays physical characteristics of dru~ in~tJu~n
or usage, such as "needle tracks"; or a persunwhopossesses
narcotic and/or drug paraph~~ For ~~ of this
chapter, "narcotic and/ordru~paraphernalia" is defiled, as a~F-
device, contrivance, instrument or apparatus, des~e~lor markete~.
for the use for smokin~ or injecting, in~estin~or consumin~
marijuana, hashish, PCP or any controlled substan=e,.asdefine~
in section 11364 and related provisions' of the Health and Safet7
Code of this state, includingroachclips.~,~cigarettepaDers
and rollers designed or marketed for the use for the smoking.of
the foregoing;
B. Is· currently subject 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, byway of example only
and not 1/mired to, acting as a "look-out";
D. Is physically identified bythe 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.
O00-
I F~Ry 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
4/30/93
CITY OF BAKERSFIELD
CITY A'VrORNEY OFFICE OF THE CITY ATI~ORNEY PH. 805-326-3721
LAWRENCE M. LUNARDINI FAX 805-325-9162
1501 TRUXTUN AVENUE
CHIEF ASSISTANT CITY ATTOI~NEY BAKERSFIELD, CA 93301 DEPUTY CITY A~FORNEYS
JUDY K. SKOUSEN ALLEN M. SHAW
WALTER H. PORR, JR.
ASSISTANT CITY A'i-FOI~NEYS July 7, 1993 MICHAEL O. ALLFORD
ROBERT M. SHERFY
· ALAN D: DANIEL ADMINISTRATOR
LOUISE T. CLOSS FRANCES E. THOMPSON
'JOHN D. CLOSS
LAURA C. MAKINO
Hon. Bob Bartlett, Mayor
City of Monrovia
415 S. Ivy Avenue
Monrovia, CA 91016
Hon. Bob Bartlett, Mayor
c/o Viking Freight
3200 Workman Mill Road
Whittier, CA 90601-1550
Mr. Joe Santoro
Chief of Police
Monrovia Police Department
140 E. Lime Avenue
Monrovia, CA 91016
Re: Drug Loitering Ordinance/Law Enforcement Issues
Gentlemen:
This letter shall serve to confirm that you have graciously agreed to attend
three meetings in the City of Bakersfield on Wednesday, August 4, 1993, to discuss
your experiences regarding the City of Monrovia's drug loitering ordinance and
related law enforcement issues.
By way of confirmation, the meetings are presently scheduled.as follows:
1. Police Liaison Committee
11:00 a.m. - 12 noon
Bakersfield Police Department
1601 Truxtun Avenue, Bakersfield
Hon. Bob Bartlett, Mayor
Mr. Joe Santoro, Chief of Police
City of Monrovia
Re: Drug Loitering]Law Enforcement Issues
July 7, 1993
2. Bakersfield City Council,
Legislation and Litigation Committee
Noon to approximately 1:30 p.m.
(Lunch will be provided)
City Manager's Office
1501 Truxtun Avenue, 2nd Floor
3. Bakersfield Senior Center
(Hosted by Councilmember Lynn Edwards)
1: 30 to approximately 3: 00 p.m.
530 Fourth Street, Bakersfield
On behalf of the citizens of the City of Bakersfield, I wish to express our
sincere appreciation and gratitude for your cooperation in this regard.
Very truly yours,
MICHAEL G. ALLFORD
Deputy City Attorney
cc: Hon. Bob Price, Mayor
Patricia M. Smith, Counci]member,
Chair--Legislation and Litigation Committee
Patricia J. DeMond, Councilmember
Lynn Edwards, CouncHmember
Alan E. Tandy, City Manager
S. E. Brummer, Chief of Police
John Stinson, Assistant City Manager
MGA: g'p
L E~I~ ~hNROVIA. MYI~