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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~