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Home My WebLink About04/07/1994 13 A K E R S F I E L D Patricia M. Smith, Chair Patricia J. DeMond Lynn Edwards Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMI'I'rEE Thursday, April 7, 1994 12:15 p.m. City Attorney's Conference Room 1. ROLL CALL 2. APPROVAL OF FEBRUARy 3, 1994 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. AN ORDINANCE ADDING CHAPTER 9.13 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LOITERING FOR THE PURPOSE OF ENGAGING IN A PROSTITUTION OFFENSE B. AN ORDINANCE ADDING CHAPTER 9.19-OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LOITERING FOR PURPOSES OF DRUG- RELATED ACTIVITIES. 6. NEW BUSINESS A. CITY OF PASADENA REQUEST FOR SUPPORT OF RESOLUTION #7045 - ERADICATING RAMPANT VIOLENCE B. ANALYSIS OF PROPOSED ASSEMBLY BILL AB 2667 (MCDONALD), VEHICLES: FORFEITURES 7. ADJOURNMENT TTS:jp FILE COPY B A K E R $ F I E L D Alack~andy, : (~at'vM n~a Trudy~:'-~' '''a'7-geralater / Patricia M. Smith, Chair Staff: Patricia J. DeMond Lynn Edwards AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Thursday, February 3, 1994 12:15 p.m. City Attorney's Conference Room 1. ROLL cALL Call to Order 12:25 p.m. Present: Councilmembers Patricia M. Smith, Chair; Patricia J. DeMond; and Lynn Edwards 2. APPROVAL OF MINUTES' Minutes of the October 25, 1993 meeting were approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS .None Agenda Summary Report Legislative and Litigation Committee February 3, 1994 Page -2- 5. DEFERRED BUSINESS 1. AN ORDINANCE ADDING CHAIrrER 9.13 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LOITERING FOR THE PURPOSE OF ~ ENGAGING IN A PROSTITUTION OFFENSE 2. AN ORDINANCE ADDING CHAPTER 9.19 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LOITERING FOR PURPOSES OF DRUG-RELATED ACTMTIES. 3. A RESOLUTION ADOPTING THE POLICE DEPARTMENT TRAINING OUTLINE FOR DRUG LOITERING ORDINANCE Committee members discussed different aspects of the ordinances and resolution and expressed support. After discussion, a motion was made, seconded, and passed to forward the proposed ordinances and resolution to Council for action. The ordinances and resolution are scheduled for the February 9, 1994 Council meeting. 6. NEW BUSINESS 1. ESTABLISHMENT OF REGULAR MEETINGS Committee members felt once a month meetings on the first Thursday of each month would fit in best with Committee members' schedules. A motion was made, seconded and passed to adopt a calendar calling for the Legislative and Litigation Committee to meet the first Thursday of each month. Meetings will be held in the City Manager's Conference Room, City Hall, 1501 Truxtun Avenue, 12:15 p.m. 7. ADJOURNMENT The meeting adjourned at 1:05 p.m. Others in attendance: Trudy Slater, Administrative Analyst; Michael Allford, Assistant City Attorney; Tony Innis, Police Sergeant; Tracy Corrington; Toy Cupshin w/cameraman. ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 9.13 OF THE BAKERSFIEI~ 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 Enforcement. 9.13.050 Severability. 9.13.060 Penalty. 9.13.010 PurDosg. 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 five (5) years 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. D. "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. 9.13.030 Loitering. for the purpose of engaging in prostitution. It is unlawful for any person to loiter in, on 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. 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 E. Is a known prostitute or procurer. 9.13.040 Enforcement. This ordinance shall be reviewed by the City Council at a public hearing six months from its effective date. 9.13.050 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. 9.13.060 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. oOo 3 I M~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: JUDY K. SKOUSEN ACTING CITY ATTORNEY of the City of Bakersfield MGA:gp ORDINANCE\LOITER. PRO 02/25/94 ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 9.19 OF THE BAK~RSFI~T.~ MUNICIPAL C~ OF DRUG-~.~TED 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 Sections: 9.19.010 PurDose. 9.19.020 Definitions. 9.19.030 Acts prohibite~. 9.19.040 Circumstances. 9.19.050 Enforcement. 9.19.060 Severabilit~ 9.19.070 Penalty. 9.19.010 PurDose. 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. 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 co,~itting 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 prohibite~. 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, wi~ht- fiv~ (5) Fears previous to arrest uz~ler 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 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; 2 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 , issued by the Chief of Police. as-app~ve~-~y-~he-e~y-e~e~-~-e~e~-Res~½~-N~? , a~p~e~-~. , ~9947 A copy of said training outline ~es~}~ shall be kept on file in the office of the City Clerk, an~ is attache~~to as exhibit "A". This ordt~-ce shall be reviewed b~ the City Council at a public hearing six months from its ef~ecti~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 remaining portion thereof. 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 I HE~RRy CERTIF~ 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~6f the council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN ACTING CITY ATTORNEY of the City of Bakersfield 03/17/94 5 . EXHIBIT "A" ~ I CITY OF BAKERSFIU?.n DRUG LOI~G ORD~I~d~CE I MINIMUM FOUR HOUR~ ~ IN~THU~TI~ 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 m~-~---~ four-hour block of instruction relating to chapter 9.19 will be allowed to enforce its provisions. The minimu~ four-hour block of instruction will cover the following: I. Elements of Bakersfield Municipal Code sections 9.19.010 through 9.19. 070. 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. Subject is a known dru~ user, possessor, or sel!er. This is established through officer's observations, personal knowledge, and by documents, such as RAP sheets or court dockets. 2. Subject is curr~_tl¥ pro~_~_~-~_ b~ court or~r fr~ bein~ in high dxu~ activit~ area. Officer may have personal knowledge of the court order, but must obtain actual court documentation for filing of the case. 3. Suspicious k~-havior. Reasonable for the officer' to believe that the subject is about to engage in unlawful drug activity, to include acting as a lookout. 4. Gang members who asso~z~a~ 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 5. Dealing. Transfer of small object or packages for currency in a furtive fashion. 6. Flight from Dolice. 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 beep ~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. 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. C. Ideally, more than one of the listed circumstances should be present for an arrest. D. No arrest shall be ma~e for violation of this section unless the arresting officer first affords such person ~- op~ortunit~ to expl~- such conduct. 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. Page 2 of 3 Pages 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 lesser 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. 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. DATE: S. E. BRUMM R Chief of Police ~A:~ ~7/~ Page 3 of 3 Pages PASADENA, CALIFORNIA 911Og ~; .... ~;>?~ OFFICE OF THE MAYOR ~anua~y 26~ ~994 (cie) 4o~31~ f~ (818) 40539~ I City Council of the City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 RE: Pasadena Resolution #7045 - Eradicating Rampant Violence Dear City Councilmembers: With each passing day, news magazines, newspapers, and other forms of mass media document the infestation of violence plaguing California cities, and cities across America. That kind of news is deeply troubling. .But on a positive note, and in response to that violence., we are witnessing a rebirth of community activism. This time that activism is centered On eradicating violence. Here in the City of Pasadena, the residents are energized and determined to implement concrete actions to address this problem. As the Mayor of Pasadena, it has been personally heartening to see the community coalition which formed after the recent murder of three youngsters on Halloween night. The Pasadena Coalition for a Nonviolent City is an action-oriented grassroots movement. Its aim is "to reduce violence and its impact on Pasadena citizens and to create a secure, nurturing community for e~ery resident, especially children and youth." The task of the Coalition is to intervene directly in the immediate crisis.of escalating violence, and also to address the structural and systemic causes of violence. On December 14, 1993, one of the steps our City Council took was to adopt a Coalition-sponsored Resolution which focused on some of the contributors to the .immediate crisis of violence, including the proliferation of awesome firepower on our streets. Resolution #7045 was adopted at a public meeting with lively public participation. Many of the points enumerated in the Resolution relate to legislative advocacy and community mobilization. Unless we are content with the bloody status quo, local communities must become engaged in this dialogue about the eradication of violence in our midst. City Councilmembers Page 2' January 26, 1994 This is a tough subject to talk about because crime and violence are complex issues. But we need to ask ourselves whether the "pat answers, really make sense anymore and whether we need to rethink all our assumptions about this issue. We also need to listen to one another and attack this issue from many different perspectives. C To that end, I would encourage you to place this matter on your agenda and adopt similar Resolutions and action plans. Staff in the City Manager's Office and the City Attorney's Office are available to assist you with any question you may have concerning this Resolution. Please call those offices at (818) 405-4222 and 405-4141 respectively. · As local leaders, we have a responsibility to initiate this dialogue-on the eradication of violence. If we do not take action now, there is a very good chance that in a future we will live to see, our beloved cities will be unrecognizable. Thank you for your consideration of this Resolution. S' re' , RICK COLE Mayor Attachment CW~LLL4 119-~9AI/1419~ RESOLUTION NO. 7045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASADENA RELATED TO COMBATTING RAMPANT VIOLENCE IN THE COMMUNITY THROUGH JOINT EFFORTS AT THE LOCAL, STATE AND NATIONAL LEVELS WHEREAS, the City of Pasadena is committed to working towards improving community safety as a part of the Healthy Cities Project; and, WHEREAS, gun violence in Pasadena is a health, safety and economic issue costing lives and destroying'the quality of life for residents; and, WHEREAS, a recent escalation in acts of violence in the City, including the ambush murder of three teenagers on Halloween night, has highlighted the urgency of undertaking a multi-prong approach to combatting a situation which is poisoning the life of the community; and, WHEREAS, murderous violence is increasingly traumatizing the entire City; and WHEREAS, Pasadena Police Department records show that during calendar year 1993, 27 murders occurred in the City of Pasadena, 24 of which were gun-related; and, WHEREAS, Pasadena Police Department records demonstrate that 34 incidents of drive-by shootings occurred during the same time period; and, WHEREAS, residents in all districts of the City are impacted by the easy availability of guns and'ammunition, and the fear of becoming a random victim of violence at some time in the future; and, WHEREAS, the City believes an effective way to combat this problem is to mount a holistic approach to the eradication of violence within the community and mobilize residents to deal with this cancer in our midst; and, WHEREAS, the City desires to enact or support legislative efforts which offer hope of controlling the availability of guns and restore the average resident,s sense of security; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pasadena that the Council is committed to taking concrete actions to respond to the escalating threats to the community's physical safety; will seek singly and jointly with other municipalities, or as a part of regional efforts, to enact legislative initiatives; and will support community action to abate the scourge of violence in the city. To these ends, the Council authorizes city staff to take the following actions: 1. Request an opinion from the California Attorney General's Office as to whether a restriction on the sale of ammunition is preempted by statutory law; 2. Communicate to Congressional representatives the Council's opposition to the production and possession of assault weapons and support of Senator Dianne Feinstein's amendment, SB 1607, "Public Safety and Recreational Firearms Use Protection Act," intended to restrict the manufacture, transfer and possession of certain semiautomatic assault weapons and large capacity ammunition feeding devices; 2 3. Undertake efforts, in association with the Coalition for a Nonviolent City, to petition state and federal legislative bodies to enact more stringent gun control measures, including the repeal of the preemption statute in the Government Code; 4. Work with the 5eague of California Cities and county regional associations in developing a lobbying strategy on this issue to garner the support of other cities and county governmental bodies to advocate for legislative change at the state level. 5. Circulate this Resolution to other California cities urging them to adopt similar measures. 6. Take steps to work with the Coalition for a Non- violent City so that the City is joined in partnership with the Coalition in support of the holistic, preventive, anti-violence measures identified by the Coalition's subcommittee working on alternatives and support for youth; and further, that the city commit a budget line of $250,000 as a resource pool to be drawn upon for initiatives that support youth. 3 Adopted at the regular meeting of the City Council on the 14th day of December, 1993, by the following vote: Action Item #1 AYES: Councilmembers Crowfoot, Holden, Paparian, Thomson, Vice Mayor Nack, Mayor Cole NOES: Councilmember Richard ABSENT: None Action'Items #2 through 5 AYES: Councilmembers Crowfoot, Holden, Vice Mayor Nack, Mayor Cole NOES: Councilmembers Paparian, Richard, Thomson ABSENT: None Action Item #6 AYES: Councilmembers Crowfoot, Holden, Paparian, Thomson', Richard, Vice Mayor Nack, Mayor Cole NOES: None ABSENT: None ia S. Stewart, APPROVED AS TO FORM.: Carolyn'. ~ W~'ll iams Deputy City Attorney 4 SAMPLE RESOLUTION STOPPING CRIME AND VIOLENCE IN OUR CITIF. S AND TOWNS WHEREAS, America's communities and families are scarred by increasing numbers of violent crimes; and WHEREAS, the level of violence associated with criminal acts is increasing; and WHEREAS, no community or family is untouched by incidents of crime or the fear of being victimized by crime; and WHEREAS, reductions in crime and in the fear of crime will require enactment of meaningful national anti-crime legislation as well as work by local communities and state governments to develop and implement long-term solutions that deal with both the causes and effects of crime; and WHEREAS, implementing short- and long-term solutions to stop crime and violence in our cities and towns is NLC's top priority in 1994; and WHEREAS, the critical nature of the problem demands an end to Congressional gridlock; and WHEREAS, achieving an early partnership to reduce crime will require immediate action by the Congress. NOW, THEREFORE, BE IT RESOLVED that (insert your ciw/town name) urgently calls upon the Congress to enact anti-crime legislation immediately so that the resources and programs which such legislation will provide can be utilized on a timely basis to deal with this critical problem now. BE IT FURTHER RESOLVED that such anti-crime legislation should include: A balanced approach that includes both enforcement and prevention programs. Direct block grant anti-crime funds to cities and towns with maximum flexibility allowed in the use of those funds. · Creation of a federal anti-crime trust fund f'manced by dedicated revenues derived from licensing fees levied on weapons, ammunition and weapons dealers. BE IT FURTHER RESOLVED that (insert the name of your ci~ and town) rededicates itself to crime prevention and suppression and calls upon its citizens to assist in these efforts. NATIONAL LEAGUE OF CITIES AB 2667 (McDonald) - Vehicles; Forfeitures In bill text, brackets have special meaning: IA> <Al contains added text, and ID> <D] contains deleted text. California 1993-94 Regular Session Amended AMENDED IN ASSEMBLY MARCH 14, 1994 ASSEMBLY BILL No. 2667 Introduced by Assembly Member McDonald February 3, 1994 An act to amend Section 22659.5 of the Vehicle Code, relating to vehicles [A>, and declaring the urgency thereof, to take effect immediately <A]. LEGISLATIVE COUNSEL'S DIGEST AB 2667, as amended, McDonald. Vehicles: forfeitures. Existing law authorizes, until January 1, 1999, the County of San Diego, any city in that county, and the City of Oakland to adopt an ordinance establishing a 5-year pilot program implementing procedures for declaring any motor vehicle a public nuisance when used in the commission of an act of prostitution, as specified, and there is a conviction of the underlying offense, except in specified circumstances. This bill would additionally allow the City of Long Beach [A> and the City of Signal Hill <A] to establish a 5-year pilot program implementing the described procedures and [A> would <A] make a related change. [A> This bill would declare that it is to take effect immediately as an urgency statute. <A] Vote: [D> majority <D] [A> 2/3 <A]. Appropriation: no. Fiscal AB 2667 (McDonald) - Vehicles; Forfeitures Page 2 (Citylink, 3-30-94) committee: no. State-mandated local program: no. The people of the State of California do enact as follows: SECTION 1. Section 22659.5 of the Vehicle Code is amended to read: 22659.5. (a) Notwithstanding any other provision of law, the County of San Diego, any city in that county, the City of Oakland, IA> the City of Signal Hill, <Al and the City of Long Beach may adopt an ordinance establishing a five-year pilot program which implements procedures for declaring any motor vehicle a public nuisance when the vehicle is used in the commission of an act in violation of subdivision (b) of Section 647 of the Penal Code, and there is a conviction of the underlying offense. (b) The ordinance may also include procedures to enjoin and abate the declared nuisance by ordering the defendant not to use the vehicle again for purposes of violating subdivision (b) of Section 647 of the Penal Code and authorizing the temporary impoundment of the vehicle that the court has declared a nuisance if the defendant violates the order within one year of the court's declaration that the vehicle is a nuisance. (c) The only action that may be taken to enjoin and abate the declared nuisance are those actions specified in subdivision (b). (d) Any procedures implemented pursuant to this section shall ensure that no vehicle shall be declared a nuisance in either of the following circumstances: (1) The vehicle is stolen, unless the identity of the legal and registered owners of the vehicle cannot reasonably be ascertained. (2) The vehicle is owned by another, or there is a community property interest in the vehicle owned by a person other than the defendant and the vehicle is the only one available to the defendant's immediate family that may be operated on the highway with a class 3 or class 4 driver's license. (e) This section shall remain in effect only until January 1, ID> 2000 <DJ IA> 1999 <A], and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, ID> 2000 <DJ AB 2667 (McDonald) - Vehicles; Forfeitures Page 3 (Citylink, 3-30-94) [A> 1999 <A], deletes or extends that date. [A> SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: <A] [A> In order to authorize the City of Long Beach and the City of Signal Hill to participate in the pilot program authorized by specified provisions of the Vehicle Code at the earliest possible time, it is necessary that this act take effect immediately. <A] END OF REPORT AB 2667 (McDonald) - Vehicles; Forfeitures Page 4 (Citylink, 3-30-94) ASSEMBLY THIRD READING AB 2667 (McDonald) As Amended: March 14, 1994 ASSEMBLY ACTIONS: COMMITTEE PUB. S. VOTE 8-0 COMMITTEE VOTE DIGEST Urgency statute. 2/3 vote required. Under current law a five-year pilot project authorizes local governments in San Diego County and the City of Oakland, to pass ordinances to allow for the impoundment of a vehicle after the vehicle has been declared a nuisance for having been used to commit or solicit an act of prostitution, and the defendant has violated a nuisance abatement order by again using the car to commit such a violation. This bill adds the Cities of Long Beach and Signal Hill to the group of local governments authorized to impound vehicles used to commit prostitution, as specified above. FISCAL EFFECT Unknown COMMENTS According to the author, the City of Long Beach has requested inclusion in a pilot program established during the 1993 legislative year. The program authorizes any of certain, specified counties and cities to pass an ordinance allowing any vehicle used in the commission of an act of prostitution to be declared a public nuisance. Existing law was intended to create a five-year pilot program. It will be automatically repealed after five years, in 1999, unless re-enacted by the legislature. As introduced, this bill extended the automatic repeal date by one year, to 2000. Presumably, this was to give Long Beach and Signal Hill the benefit of a full five years. In lieu of extending the sunset date, this bill now adds an urgency clause, which would allow Long Beach and Signal Hill to participate in the program during the pendency of its first year. Paul M. Gerowitz 445-3268 END OF REPORT The following documents pertain to the: Legislative & Litigation Committee meeting of Thursday, April 7, 1994 at 12:15 PM. .,. _IVED _~l'rY MANAGER'S OFFICE CEV: j rs AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLAND, CALIFORNIA, ADDING CHAPTER 3, ARTICLE 23 TO THE OAKLAND MUNICIPAL CODE RELATING TO LOITERING FOR THE PURPOSE OF DRUG RELATED ACTIVITIES WHEREAS, there has been a continuing narcotic problem within the City of Oakland involving both the usage and sale of illegal drugs; and WHEREAS, this problem is partly the~result of the street level sales of narcotics in a number of neighborhoods in the City of Oakland; and WHEREAS, the Oakland Police Department has reported numerous incidents of individuals who are involved in narcotic activity loitering for the purpose of engaging in narcotic activity; and W]tEREAS,. instances of loitering by individuals who appear to be involved in narcotic activity have been reported to the Oakland Police Department by members of the community, and WHEREAS, this activity has had and continues to have a substantial negative impact on the health, safety, and welfare of the communities where the loitering occurs, as well as the health, safety, and welfare of the City of Oakland; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND, CALIFORNIA,' DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 3, Article 23 is hereby added to th~ Oakland Municipal Code to read as follows: "AR____TI CLE 23 LOITERING FOR DRUG ACTIVITIES Section 3-23.01 Acts Prohibited. It is unlawful for any person to loiter in, on or near any thoroughfare or place open to the publ-ic or near any public or private place in a manner and under circumstances manifesting the purpose of engaging in drug- L: \DOC\CEV\MI SC\ 1750:~. 1 .. FILE COPY related activity defined as offenses in Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code. Any person who ~violates the provisions of this Article is guilty of a misdemeanor, and upon conviction shall be punished as proscribed in Section 1-3.01 of this Code. Section 3-23.02 Circumstances. One or more of the following circumstances may be considered in determining whether such purpose is manifested are that the person: A. Is a known drug user, possessor, or seller. For purpose 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 person who possesses drug paraphernalia pursuant to Chapter 6 and 6.5 of Division 10 of the California Health and Safety Code; B. Is currently subject to an order prohibiting his or her presence in a 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-related activity, including by way of example only, acting as a "lookout',. 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; ~:\~\CEV\~SC\~O~.~ -2- 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. Section 3-23.03 Enforcement. Enforcement of this Chapter shall be pursuant to the policy statement dated issued by the Chief of Police. ' Section 3-23.04 Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision paragraph, sentence, clause or phrase. ' Section 3-23.0~. The City Clerk shall certify to the passage and adoption of this ordinance, and cause the same to be published in the manner prescribed by law." L: \DOC\C£V\N ! SC\ 17503.1 -- 3 -- TRAINING All officers shall receive four hours of training in the philosophy and goals of the ordinance. The training shall include; 1) elements of the ordinance, 2) legal background, 3) enforcement guidelines, 4) use and application, 5) reporting elements, 6) department policy and 7) community sensitivity. CITY OF OAKLAND DRUG LOITERING ORDINANC~ TRAINING OUTLINE FOUR HOURS OF INSTRUCTION INTRODUCTION: By ordinance the City Council of the City of Oakland has added Chapter 3, Article 23 to the Oakland 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 this ordinance and have completed the 11550 Health and Safety Code twenty-four (24) hour post certified course will be allowed to enforce its provisions. The four hour block of instruction will cover the following: I. Elements of Oakland Municipal Code, Chapter 23, Article 23 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. The following ten (10) factors may be considered by the officer in establishing probable cause. · This list should not be considered exhaustive nor must all of the listed items be present in order to establish probable cause. L: \DOC\C£¥\M ! SC\3~ 100.1 1. 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. 2. 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. 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. 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. 5. Dealing. Transfer of small object or packages for currency in a furtive fashion. 6. Flight 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. L: \DOC\ CEV~M I SC\~33100.1 -- 2 -- 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. Leqal Back~roun~ A. Laws which prohibit loitering for a ~ illecal 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. C. Ideally more than one of the listed circumstances should be present for an arrest. IV. Use and ADDlication 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. L: \DOC \CEV\M ! SC\33100.1 - 3 -- D. Do not use to holster a questionable arrest. Cases involving the use of this ordinance must he able to weather the test of a court challenge. 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 on the Ordinance. L: \DOC\CEV\M! SC\33100.1 -- 4 - RESOLUTION detailing a work program to promote police- community relations and setting forth reporting requirements regarding the drug traffic loitering ordinance. 1 WHEREAS, the Council and the Mayor are committed to promoting 2 a partnership between Seattle's diverse communities and its police department; and 3 WHEREAS, in order to best serve the needs of Seattle's communities, the Police Department has been developing 4 specialized community policing strategies, such as the South Seattle Crime Prevention Partnership and community police 5 teams that serve each precinct; and 6 WHEREAS, street drug dealing diminishes the quality of life for residents and businesses in Seattle's neighborhoods; and 7 WHEREAS, special law enforcement tools continue to be needed to address street drug dealing; and 8 WHEREAS, on June 25, 1990, the City Council passed Ordinance 9 115171 outlawing drug traffic loitering; and 10 WHEREAS, Ordinance 115171, had a two-year sunset date; and 11 WHEREAS, the City's drug traffic loitering ordinance has been found to be constitutional and is an effective tool to check street drug dealing in our City; and WHEREAS, the public continues to express some concern over the 13 implementation of the dr~g~traffic loitering ordinance; and WHEREAS, Council Bill ~D~lq~ re-authorizes the drug 14 traffic loitering ordinance; 15 Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE THAT: SECTION I. The City will undertake the following work program to promote police- community relations and to track the use of the drug 19 traffic loitering ordinance: 21 A. Reports on Use of the Drug Traffic Loitering Ordinance The Chief of Police and the city Attorney are directed to provide semi-annual statistical reports to the City Council on 23 the use and effectiveness of the drug traffic loitering ordinance. These reports should include, but not be limited to: the number of individuals stopped for drug traffic loitering, the number of arrests made, and the number of 27 convictions obtained under ~h~ ordinance. These reports should 28 be materially similar in f,~rm to Attachment A to this resolution. CS 192 B. Police Training on Use of "Terry Stops" The Police Department is commended for its earlier training on the use of "Terry stops" and respect for the civil rights of citizens. The Department is directed to update this 3 training and to reissue informational bulletins such as those 4 included as Attachment B to this resolution, and to develop $ roll call training in this area. This training should be 6 repeated annually. 7 8 C. Specialized Police Training on Enf6rcement of the Drug Traffic Loitering Ordinance 9 lO The Chief of Police is directed to continue the current SPD policy that authorizes only those police officers who have received specialized training in the use of the drug traffic 13 loitering ordinance to enforce it. 15 D. Police-Community Reconciliation Forums 16 The City will develop a series of community reconciliation forums similar to the Youth/Police Summit that took place in 17 June, 1992, as sponsored and developed by Councilmember Sue 18 Donaldson. The purpose of these forums will be to improve communication between the Police Department and Seattle's 20 diverse communities. The Executive is directed to return to 21 the Council's Public Safety. Committee by September 15, 1992 22 with a detailed work program for these forums, including a 23 plan for implementing the results of these forums. The Executive is directed to provide semi-annual reports to the Council's Public Safety Committee on items A. through E. 27 E. Police-Community Relations Task Force 28 The City Council will establish a Police-Community Relations Task Force. The purpose of this Task Force will be to work with the Seattle Police Department to identify mea~s to improve police-community relations in Seattle's diverse communities. 1. Appointment of the Task Force 4 The Task Force will have members, five of whom S shall be appointed by the Mayor, one by the Seattle S Police Officers' Guild,/%and five by the City Council 7 through its Public Safety Committee. Task Force 8 membership should be representative of Seattle's diverse communities. Task Force members should be committed to 9 improving the relationship between Seattle's diverse l0 communities and the Police Department, and should be cognizant of the need for effective law enforcement as 12 well as the need to preserve the civil rights of 13 Seattle's citizens. 15 2. Scope of Work for the Police-Community Relations Task Force 17 The Task Force will produce a report to the Mayor and the ~9 City Council detailing a recommendations for enhancing 20 police-community relations in Seattle. The Task Force, 21 in preparing its report, will: 23 a. review successful strategies already being used by the Seattle Police Department to work with diverse communities in Seattle. 25 b. review successful strategies being used by police 27 departments elsewhere in the country to enhance 28 police-community relations. c. assess the relationship between the c~lice Department and Seattle's diverse communities. 1 d. develop specific recommendations and strategies for enhancing police-community relations between the Police Department and Seattle's communities. 5 The Task Force shall provide quar. terly status reports to 6 the Public Safety Committee, and shall provide the Council with a final report on its findings and 7 recommendations by September 1, 1993. The Task Force 8 shall remain in force until September 1, 1994 to monitor 9 implementation of its recommendations. The Chief of Police is directed by the Council to confer with the Task 11 Force regularly regarding SPD efforts to improve police- community relations and regarding implementation of Task Force recommendations. 15 3. Staffing for the Task Force The Police Department is directed to staff the Task Force, and is directed to provide the Council's Public Safety Committee 18 with a plan for staffing the Task Force by September 1, 1992. 19 ADOPTED bye. the City _Council of the City of Seattle 20 the session in authen~dication of adoption this /7~ day of 2~ ~, 197p... 2.3, 24. Filed by me this t'?"~ day of~, 19q~ . 25 City Comptroller and City Clerk ~'~J~~ Deputy CS 192 4 ' 7 2 AN ORDINANCE relating to the Seattle Criminal Code, succeeding Section 12A.20.050 to continue the prohibition on drug 3 traffic loitering and the penalties therefor. 4 BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: 5 Section 1. Legislative Findings. The City Council finds that street drug trafficking has presented a serious threat to the peace and safety of Seattle,s 7 residents. To combat this threat, Ordinance 11.5171 was enacted 8 proscribing drug-traffic loitering. That ordinance, while it 9 did not eliminate the threat, proved to be an effective means of 10 deterring street drug trafficking. 11 The City Council further finds that many Seattle residents 12 are concerned that enforcement of the drug-traffic loitering ordinance had a discriminatory effect. All ordinances must be 13 enforced without regard to race, color, ancestry, national origin, sex, sexual orientation or disability. To ensure that principles of fair and impartial justice have been visibly 16 adhered to, and to alleviate concerns about enforcement of the 17 drug-traffic loitering ordinance, changes in the ordinance have 18 been made. The conduct proscribed by the ordinance, and the 19 elements of the crime of drug-traffic loitering, remain exactly 20 the same as under Ordinance 115171. Subsection 2.'C of this ordinance, which contains an enumerated list of circumstances, has been changed and the definition of "known drug trafficker" has been modified. The list of enumerated circumstances and 23 their purpose often have been misunderstood by the public. 24 Neither the changes in the subsection listing enumerated 25 circumstances, nor other differences between this ordinance and 26 Ordinance 115171, are intended to prevent a police officer 27 investigating a possible drug trafficking situation or a judge or jury deciding a drug-traffic loitering charge from 28 considering all circumstances relevant to such a determination, 1 1 whether or not such circumstances are enumerated in this 2 ordinance. It is the intention of the City Council that all 3 constitutional rights be fully respected in the enforcement and application of this ordinance. Section 2. Drug-traffic loitering. 5 A. As used in this section: 1. "Conviction" means an adjudication of guilt put- 7 suant to Titles 10 or 13 RCW, or the equivalent provisions~ of 8 any federal statute, state statute or ordinance of any political 9 subdivision of this state, and includes a verdict of guilty, a 10 finding of guilty and an acceptance of a plea of guilty. 11 2 "Drug ' ,, · paraphernalia means drug paraphernalia as the term is defined in the Uniform Controlled Substance Act RCW 12 , 69.50.102, excluding, however, items obtained from or exchanged at any needle exchange program sponsored or sanctioned by the Seattle-King County Health Department, and hypodermic syringes or needles in the possession of a confirmed diabetic or a person 16 directed by his or her physician to use such items. 17 3. "Illegal drug activity" means unlawful conduct 18 contrary to any provision of RCW Chapter 69.41, 69.50 or 69.52, 19 or the equivalent federal statute, state statute,'or ordinance of any political subdivision of this state. 4. "Known drug trafficker" means a person who has, within the knowledge of the arresting officer, been convicted within the last two years in any court of any felony illegal 23 drug activity. 2~ 5. "Public place" is an area generally visible to 25 public view and includes, but is not limited to, streets, 26 sidewalks, bridge, alleys, plazas, parks, driveways, parking lots, transit stations, shelters and tunnels, automobiles 27 visible to public view (whether moving or not), and buildings, including those which serve food or drink, or provide 2 1 entertainment, and the doorways and entrances to buildings or 2 dwellings and the grounds enclosing them. 3 B. A person is guilty of drug-traffic loitering if he or she remains in a public place and intentionally solicits, induces, entices, or procures another to engage in unlawful 5 conduct contrary to Chapter 69.50, Chapter 69.41, or Chapter 6 69.52, Revised Code Of Washington. 7 C. The following circumstances do not by themselwes 8 constitute the crime of drug-traffic loitering. A~ong the ~9 circumstances which may be considered in determining whether the 10 actor intends such prohibited conduct are' that he or she: 1 1 1. Is seen by the officer to be in' possession of drug paraphernalia; or 12 2. Is a known drug trafficker (provided, however, that being a known drug trafficker, by itself, does not consti- tute the crime of drug-traffic loitering); or 3. Repeatedly beckons to, stops or attempts to stop 16 passersby, or engages passersby in conversation; or 17 4. Repeatedly stops or attempts to stop motor 18 vehicle operators by hailing, waiving of arms or any other 19 bodily gesture; or 5. Circles an area in a motor vehicle and repeatedly 2O beckons to, contacts, or attempts to stop pedestrians; or 6. Is the subject of any court order, which directs the person to stay out of any specified area as a condition of 23 release from custody, a condition of probation or parole or 2~ other supervision or any court order, in a criminal or civil 25 case involving illegal drug activity; or 7. Has been evicted as the result of his or her illegal drug activity and ordered to stay out of a specified 27 area affected by drug-related activity. 28 3 CS ! 1 D. NO person may be arrested for drug-traffic loitering 2 unless probable cause exists to believe that he or she has 3 remained in a public place and has intentionally solicited, induced, enticed or procured another to engage in unlawful conduct contrary to Chapter 69.50, Chapter 69.41, or Chapter 69.52 Revised Code of Washington. 6 E. A person convicted of drug-traffic loitering shall be 7 guilty of a gross misdemeanor and punished in accordance ~ith 8 SMC Chapter 12A.02. 9 F. During each of the two (2) years following enactment 10 of this ordinance, the Mayor of Seattle and the Chief of Police, 11 jointly, shall conduct at least one public hearing a year to ascertain the effectiveness of this ordinance in reducing drug trafficking and its attendant criminal behavior and to assure that this ordinance is being enforced without regard to race, color, ancestry, national origin, sex, sexual orientation or disability. Within one month after each hearing the Mayor and 16 the Chief of Police shall issue a report to the City Council 17 summarizing the testimony at the hearing. In their report, the 18 Mayor and Chief of Police shall also inform the Council of any 19 changes they deem advisable. Section 3. Section 2 is a successor to Ordinance 115171, Section 1, which expires August 5, 1992, and shall also be codified as Seattle Municipal Code Section 12A.20.050. Section 4. The provisions of this ordinance are declared 23 to be separate and severable. The invalidity of any clause, 2~ sentence, paragraph subdivision, section or portion of this 25 ordinance, or the invalidity of the application thereof to any 26 person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application 27 to other persons or circumstances. 4 I Section 5. Section 2 of this ordinance shall take effect 2 and be in force on August 5, 1992, or on the date established by 3 Section 6 of this ordinance, whichever is later. $ 6 7 8 9 10 11 13 17 18 19 2O 23 27 28 (To be used for all Ordinances except £mergene~.) Seetion..~. .... Th~ ord/nanee shah take effect and be in force thirty days from and after its passage and approval, if approved by the Mayor; otherwise it shall take effect at the time it shah become a law under the prov/slons of the city charter. Passed by the City Council the ........... ~ ............ day of · ~ ' ,., ,o* ~s - President .......................... of the City Council. Approved by me th/s.....~!..~..~.....day of.....~.~~~ ~..~..~.....~.!..~.....~.~o~...~~..'.....:..'.'......~.~~~~'- ~ -~: .... At, est: ................................ ..-:..~...........~ ................ ~'~ Comptroller and City Clerk. .................................................................... .... ATTAC]tMEi~'T A Drug 'iratf~c Lo~terma-- Summary Statistics 1990 1991 1992 111-6130193 6~30- 12/31/93 Total Drug Traffic Loitering not not not Contacts (including stops): available available available Arrests: Charges Filed: Felonies (adults) Misdemeanors (adults) Juveniles (all) Prior Convictions for Defendants in Drug Traffic Loitering Cases: Charges Filed as a Result of Drug Traffic Loitering - Arrests: Drug Traffic Loitering Felony (VUCSA) Other Charges Racial Breakdown of Individuals Arrested for Drug Traffic Loitering Caucasian African 'Asian or HisDanic~ Native Other/ American Pac. Is. American unknown 1992 1/1/93-6/30/93 6/30/93, 12/31/93 NCIC reporting requirements identify only the following categories: Caucasian, African American, Na'tive American, Asian/Pacific Islander, and Other. Thus, it may be difficult for the Police Department to capture accurate data in the Hispanic category. Drug Trafhc Loitering Stops by Precinct-- 1/1/93- 6/30/93 North South East West Stops Arrests Disposition of Drug Traffic Loitering Cases 1990 1991 1992 111/93- 6130193- 6/30/93 12/31/93 Charges Filed: Guilty Not Guilty Dismissed by Prosecutor2 Dismissed by Court Motion Subtotal: Charges Not Filed: Total: Dismissed by prosecutor because defendant is in prison for one year or longer, on another charge or plead guilty to other charges. ' D~sDos~t~on of M~saemeanor Juvende DTL Cases or Felony Cases mat Began as DTL 1990 1992 1992 1/1/93- 6130193- 6~30~93 12/31/93 Charges Filed Charges Not Filed: Used as Sentencing on Another Case Lack of Sufficient Information to Prove Guilt Beyond a Reasonable Doubt Pending Diverted DisDosition Unknown Total DisDosition of Felony Drug Cases Arising from Drug Traffic Loitering Arrests 1990 1991 1992 1/1/93- 6/30/93- 6/30/93 12/31/93 Charges Filed: Guilty- Not Guilty- Dismissed- Pending- Lesser Offense- Subto:81: Charges Not Filed: Total: ATTACi~L~ENT p SEATTLE POLICE ,-,E-PARTMENT -' TO Assistant Chief Kramer Operations Bureau DAT~ 12/19/88 ~7~O~ Patrick S. Fitzsimons~?~ Chief of Police ~%~E O~ SU~E~T Interdicting Criminal Activity and Respect for Civil Rights As we pointed out in our memorandum of 12/14/88, our officers in the field have been doing a good job and have been very active in trying to interdict those involved in drug trafficking and related criminal activity in various Seattle neighborhoods. They enjoy a lot of support in the community. People are pleas- ed to see increased police presence and enhanced patrols in their area. However, increased police presence also promotes more police contacts and obserwations of suspect activity and violations of traffic rules. With this increased level of activity we want to continue to do our very best. Good communication, continued professional courtesy and feedback to the citizens goes a long way in main- taining good citizen contacts and our strong support in the community. When it is safe to do so, officers may wish to invite onlookers from the neighborhood to continue to watch what is going on at a police stop. If the officers are experiencing some diffi- culty with the persons stopped, they may wish to ask the on- lookers if they know this person and can encourage citizen cooperation. This provides an immediate feedback to the commu- nity and gets them involved in mutual efforts in making their neighborhood safer. Usually it also minimizes criticism for the officers involved and other complaints. We have a protocol for investigating drug trafficking and relat- ed criminal activity. We also have run training classes on police discretion and authority in making inquiries and stops based on observable factors that support reasonable suspicion or are based on observed violation of the law. However, it is sometimes difficult, in a given situation, for the citizen to understand what these rules are or how they are being applied. The officers must be able tO articulate the reasons for the stop. Traffic stops must be based on observed conduct or observed violations of the traffic rules. Terry stops during traffic or criminal investigations must be based on events observed by the officer and other factors · that constitute reasonable suspicion. Terry stops allow an Assistant Chief Kramer December !9, 1988 Page 'lwo officer to ask for identification and to ask persons questions about suspicious activity. In determining probable cause, the officer's experience, including his/her knowledge and exper- tise are factors, but they can not be. the only factors consider- ed in making a Terry stop. We have to corroborate in each situation with particularized, details supporting the officer's judgement. Sometimes this requires the support of witnesses (citizen) at the scene or the support of department records or the knowledge of other officers. The specific information about a suspect's description and automobile used in a particular crime can be elements of observ- able activity. For example, the exchange of suspected narcotics or money. Gang signals, gestures and information to suspect that someone may be carrying a weapon can help develop particu- lars for a Terry stop. In these instances the officer may conduct a pat down if he believes, based on the factors of the specific situation, that the suspect person may have a weapon. More definitive searches and arrests must be based on probable cause or a specific reason to promote minimum intrusion. 'In these situations officers want to be careful not to endanger themselves personally by sticking their hands into the suspect's pocket where needles may be carried. It is everyone's goal to promote personal safety and to avoid unwarranted criticism whenever possible. We must continua~lly remind ourselves how much the community really appreciates our strong stand in fighting crime. However, in order to maintain community support we must follow the law and gain their confidence with respect and courtesy. Ultimately we must also remind ourselves how important the community is to us as police officers. They are our eyes and ears and very often our advocates when it counts. Keep up the 9ood work! SEATTLE POLICE_ ,DEPARTMENT MEMoR, ,,,,IDUM ." TO Assistant Chief Kramer, Operations Bureau DAT~ 12/14/88 Ma]or H. V. Johnson, Patrol .Division ~RO~ Chief Patrick S. Fitzsimons ~ ~AGE O~ SUBJECT Interdicting Criminal Activity and Respect for Civil Rights Our Patrol Officers are doing a good job and have been very active in trying to interdict those involved in drug trafficking and related criminal activity in various neighborhoods and loca- tions throughout the City at all hours of the day and night. The law-abiding citizens and leaders of the community, including some of the Civil Rights leaders, are encouraged by the police effort and concern. However, in the spirit of continuing cooperation and respect for civil rights we should use every effort to promote positive citizen contact and feedback, particularly to citizens young and old who may be stopped and inconvenienced by proactive police inquiries. In our effort to interdict intruders or criminal activities in housing projects or around schools, we should use opportunities to provide feedback to the persons who are legitimately in those areas encouraging them to carry proper school or other identification whenever possible. For example, student I.D.'s if they have them or other means to verify some- one's residence in a particuarly housing project or location. If officers-stop motorists or pedestrians because they are look- ing for a particular suspect or vehicle description, it would be good operating procedure to tell the person stopped why they were stopped. If they check out as citizens who are legitimately going about their business, it will also be good practice to give that person(s) the officer's name or business card and tell them that should they be stopped again in that general time and area, they can have the next police officer call the officer, who made the first stop on the radio in order to speed the citizen along and minimize their inconvenience. I am sure our citizens who appreciate the enforcement efforts of our officers in fighting crime will also be appreciative of our efforts to show courtesy and respect for civil rights. Please 'convey this appreciation and the obvious support of the community to our officers. I am sure they will use this tech- nique, in addition to some of the others that are in practice, to promote good communication during these trying occasions. PSF:ma n'~rccuczicn - S?? Representatives z red i~ea~wel ~ ke~a! Advisor St. Dave OranEe, CCiU Sgt. Peggy Timm, Administrative Bureau Det. Tim Perry, Narcotics i. Justification for vehicle stops A. Traffic violations B. Reasonable suspicions 1. Personal observations 2. Witness/citizen information 3. Police radio 4. Other officers 5. Criminal Information Bulletin, etc. C. Probable cause to arrest II. Procedures used ----- - ~o~,~- ~° A. Traffic stop 1. Alert 2. Cautious 3. Look over the vehicle's occupants B. Reasonable suspicion/probable cause stops, no weapon information 1. Extra alert 2. Use additional caution 3. Get a back-up C. Reasonable suspicion/probable cause - possible weapons 1. Describe procedures 2. SPD policies consistant with those used nationwide a. Recent meeting of ten western states accepted Perry's procedures as their standard 3. Explanation required of officers 4. Zf custody is involved, a supervisor is required to authorize release 5. Note - these are high stress, high t. ension situations and are not pleasant for officers' or suspects III.Documentation A. Incident report 1. If an arrest is-made 2. if information is specific to a particular crime B. Field Interview Report 1. No probable cause, but strong suspicions a. To appropriate follow-up unit b. To Intelligence for possible use in a Criminal information Bulletin C. Officers' log i¥. issues being reviewed A. Training is adequa~e. !. Good policies and opoeedures ~ ~requent poll-call review 3. Field observations of stops done by'supervisors B. New Training Bulletin -I. Emphasis on public relations, interpersonal skills, documentation, screening C. Additional training 1. Similar'to Cultural Training Seminar material given to th Command Staff in 1988 a. Video being completed now 2. Other type of public relations training a. Make the bes~ of an unpleasant situation D. Additional documentation on felony stops 1. i.e., memo by supervisor to Watch Commander E. Better education of public as to reasons for the felony stop procedures ~ 1. Community meetings 2. Meeting wi~h community leaders 3. Media NUISANCE CODE 61.15.1503 61.14.1405 to 61.14.1499Reserved. and is placed on a trailer currently registered to an occupant of the premises and parked on a paved surface. Chapter 61.1:~. Repair and Storage of (Ord. No. 91-076, {}2) Boats 61.15.1503 to 61.15.1599Reserved.. 61.15.1500 Definitions. 61.15.1501 Boat repair. 61.15.1502 Boat storage. Chapter 61.16. Neighborhood Nuisance 61.15.1503 to 61.15.1599 Reserved. Code 61.15.1500 Definitions. 61.16.1601Title.. For purposes oft. his chapter, the terms 61.16.1602Findings. "boat" and "vessel" shall include boats, 61.16.1603Purpose. ships, sailboats, barges, and every structure 61.16.1604 Application. adapted to be navigated from place t° 61.16.1605Responsibility for proper place for the transportation of property management. merchandise or persons, whether or not 61.16.1606Authority. propelled by machinery. 61.16.1607Penalty for violations; (Ord. No. 91-076, {}2) enforcement. ~., 61.16.1608 Generally. ~ 61.15.1501 Boat repair. 61.16.1609 Citation and order; issued. ..~ It shall be unlawful and a public 61.16.1610Citation and order-content; nuisance for any person to engage in service; fee. repair or maintenance of any boat or 61.16.1611Director's review; notice of vessel in any residential zone outside a administrative penalty. .fully enclosed structure, except that repair 61.16.1612 Reserved. or maintenance of a boat or vessel may be 61.16.1613Right to a hearing. performed outside a fully enclosed 61.16.1614Requests for hearing. structure where elapsed time between the 61.16.1615Hearing notice. beginning and end of the repair or 61.16.1616Hearings-generally. maintenance does not exceed forth-eight 61.16.1617Record of oral evidence at (48) hours, hearing. (Ord. No. 91-076, {}2) 61.16.1618 Continuances. 61.16.1619 Oaths. 61.15.1502 Boat storage. 61.16.1620 Evidence rules. It shall be unlawful and a public 61.16.1621Rights of parties. nuisance for any person to store a boat or 61.16.1622Official notice. vessel in any residential zone where it can 61.16.1623 Inspection Of premises. be seen from the public right-of-way, 61.16.1624Decision of the hearing unless the vessel or boat is currently officer. registered to an occupant of the premises 61.16.1625Enforcement of hearing -? 61 - 29 CODE MASTER § 61.15.1503 Sacramento City Code officer orders. (c) The owners of properties within 61.16.1626Procedures for collection of the City are responsible to administrative penalty, monitor their properties and to 61.16.1627Use of fees and penalties, take appropriate action if a 61.16.1628 Neighborhood conservation nuisance exists thereon, fee. whether that nuisance be created by existing physical 61.16. I601 Title. co n ditio n s o r b y This chapter shall be known as the nuisance-creating behaviors. "neighborhood nuisance code," may be Such nuisances can be avoided cited as such, and will be referred to with adequate property herein as "this code." management: If~.~a property (Ord. No. 93:053, §1) owner does not fulfill his or her responsibilities, it is necessary 61.16.1602 Findings. for the safety, health and The city council finds as follows: welfare of neighborhoods and the City as a whole that (a) Just as the physical conditions interested persons or the City of properties within the City of be able to undertake abatement Sacramento can constitute action. Nuisance-creating public 'and private nuisances, so physical conditions can be too the behavior of persons on 'abated pursuant to Titles 9, 15, properties within the City can 49, 50, and 61 among others, of constitute public and private the Sacramento City Code. A nuisances. Examples of comparable abatement .remedy behavior which-, can constitute for nuisance-creating behaviors nuisances include large and is needed. noisy gatherings, noisy activities during late-night hours, use or (d) Neighborhood health and safety sale of controlled substances on must be protected in a way the premises, and the coming which does not promote and going of persons with the housing discrimination or intent to purchase controlled promote evictions based on substances, prejudice,unfounded fears, or personal animosities. (b) It is as important for the public health, safety and welfare for (e) Nothing in this ordinance interested residents or the City exempts property owners from t o b e a b le t o a b a t e strict compliance with state nuisance-creating behaviors as housing law on evictions, it is to abate nuisance-creating retaliatory conduct or physical conditions, discriminatory conduct, or CODE MASTER 61 - 30 NUISANCE CODE 61.16.1606 privacy, condition which would constitute a (Ord. No. 93-053, §1) violation of this chapter, but which is duly authorized under any city, state or federal 61.16.1603 Purpose. law, shall not bc deemed to violate this (a) The purpose of this chapter is: chapter. 1. To set forth and enforce The provisions of this chapter shall not minimum standards relating to apply to activities which constitute a bona the management of residential fide exercise of constitutional rights. properties to protect the public (Ord. No. 93-053, §1) health, safety, and welfare, and 61.16.1605 Responsibility for proper 2. To put in place a remedy which property management. will permit aggrieved persons or (a) Every owner of real property the City to take effective, within the city is required to efficient judicial or manage the property in a administrative action against manner so as not to violate the property owners who permit provisions of this code and the nuisance-creating behaviors to owner remains liable for occur on their properties on a violations thereof regardless of continuing basis, in order to any contract or agreement with compel such owners to abate any third party regarding the the nuisance-creating behaviors, property. (b) Provisions of this chapter are (b) Every occupant, lessee or intended to be supplementary holder of any possessory and complementary to all of the interestin real property is other provisions of the City required to behave on the Code and state law and all property, 'and supervise any remedies set forth herein shall guests on the property, in a be cumulative to other manner so as not to violate the remedies which may be provisions of this code. available under the City Code (Ord.No. 93-053, §1) or state law. (Ord. No. 93-053, §1) 61.16.1606 Authority. The director of the neighborhood 61.16.1604 Application. services department, or the director's The provisions of this chapter shall designee (hereafter "director"), shall apply generally to all property throughout administer the provisions of this chapter. the City of Sacramento wherein any of the nuisances hereinafter specified, are found Heatings or appeals of the director's to exist; provided, however, that any orders shall be heard by a heating officer '~ 61 - 31 CODE MASTER § 61.16.1606 Sacramento City Code appointed by the city council, substances and other illegal (Ord. No. 93-053, §1) drugs and substances which creates a public nuisance as 61.16.1607 Penalty for violations; defined in Civil Code Sections enforcement. 3479 and 3480. (a) The administrative enforcement described in Sections 61.16.1609 Co) The illegal use of controlled et seq. notwithstanding, the city substances and other illegal attorney may bring a civil drugs and substances which action for injunctive relief and creates a public nuisance as civil penalties in an amount not defined in Civil Code Sections to exceed $20,000.00 against 3479 and 3480. any owner who violates this code. (c) The frequent gathering, or coming and going, of people ~) Any person affected by a public who have an intent to purchase nuisance described in this code or use controlled substances on may bring a civil action for the premises. injunctive relief and damages against any owner who violates (d) The .occurrence of prostitution, this code. unlawful activities of a criminal street gang (as definext in Penal (c) In any civil action brought Code Section 186.22). pursuant to this code, the court may award reasonable attorneyz (e) The making or continuing, or fees and costs to the prevailing causing to be made and party, continued, of any loud, (Ord. No. 93-053, §1) unnecessary or unusual noise which disturbs the peace and 61.16.1608 Generally. quiet of the neighborhood or It is hereby declared a public nuisance which causes discomfort or and a violation of this code for any annoyance to any reasonable person, firm or corporation, whether person of normal sensitiveness owner, lessee, sublessor, sublessee or residing in the area. The occupant of any premises in this city to. standards set forth in City Code permit those premises to be used in such Section 66.03.301 shall be a manner that any one or more of the considered in determining activities described in the following whether a violation of this subsections are found to occur repeatedly subsection exists. thereon: (f) The firing of gunshots or (a) The illegal sale of controlled brandishing of weapons by a CODE MASTER 61 - 32 NUISANCE CODE 61.16.1609 resident of the premises, or by a residential property guest of a resident, orally or in writing of a (Ord. No. 93-053, §1) nuisance alleged to be caused by a 'specific 61.16.1609 Citation and order; issued, tenant or the tenants of (a) Whenever the director has a specific unit, the inspected or caused to be director sh all inspected any premises and has concurrently give written found and determined that the notice thereof to the premises are in violation of this specific tenant(s) or unit. code, the director may issue a Notice to the tenant or citation and order to abate the unit need not be given nuisance as provided herein, when the director Before a citation and order is determines that doing so issued, the director shall would endanger persons communicate with the owner to or compromise an request that the owner ongoing police voluntarily cooperate with the investigation. City to abate the nuisance, and encourage the owner to (2) Whenever the director participate in a mediation notices an owner or program designed to foster manager of rental cooperation between property residential property orally owners, interested persons, and or in writing that a nuisance the City. exists at their property, the director shall concurrently (b) No citation and order shall be issue a written notice to the issued hereunder if the owner is tenants of the property. making good faith efforts to The notice shall generally abate the nuisance. Indicia of describe the nuisance and good faith may include prompt the City's remedies under response s to City this code. The notice shall communications and requests, also state that tenants may active professional property contact the director to management, and taking steps p r o v i d e o r r e c e i v e to repair physical conditions information about their which contribute to the building. nuisance. (3) Whenever the director (c) (1) Whenever the director issues a citation and order notifies an owner or to abate a nuisance at a manager of rental rental residential property, 61 - 33 CODE MASTER § 61.16.1609 Sacramento City Code the director shall days of mailing of the concurrently issue a written citation and order, or such notice to the tenants of the longer time as the director cited property, may order. An extension of time to abate the nuisance (4) The director shall establish shall be granted if the procedures for providing all owner is making good faith tenants with notice of efforts to abate the nuisance subsequent proceedings and and those efforts are actions pursuant to this delayed due to judicial proceedings relating to the chapter, property. (d) The city attorney shall review and approve each citation and (4) A statement advising the order before it is issued, owner that he or she has (Ord. No. 93-053, §1) the right to request a hearing to contest the 61.16.1610 Citation and order - citation and order. content; service; fee. (a) The citation and order shall (5) A Statement advising the owner that an administrative contain: penalty in an amount not to (1) The street address and such exceed $5,000.00 shall be other description as is imposed upon the owner required to identify the and made a lien on the premises, property involved if the nui~sance is not abated as (2) A statement specifying with required by the citation and particularity the behaviors order and no written which constitute the request for hearing is filed nuisance, including, when within thirty (30) days of applicable, addresses and receipt of the citation unit numbers of the person notice. or person allegedly causing the nuisance, and the (6) A statement advising the actions which the director owner that an owner may orders the record owner to not retaliate against any take to abate the nuisance, tenant because the City has instituted proceedings under (3) A statement advising the this ordinance. owner to abate the nuisance within sixty (60) calendar (7) A statement that in CODE MASTER 61 - 34 NUISANCE CODE 61.16.1611 responding to the citation mediation, shall be deemed to and order, the owner should be a final order of the hearing comply with all applicable officer. federal, state, and local regulations relating to (e) If an owner elects to participate evictions and prohibitions in mediation, the time within against discrimination, which a request for hearing may be filed shall be extended (8) If the director determines by sixty (60) days. The owner that mediation might shall appear personally at the facilitate abatement of the mediation as set forth in the nuisance, a statement that mediation procedures adopted the owner may participate by the director. in a mediation program (Ord. No. 93-053, §1) designed to foster cooperation between 61.16.1611 Director's review; notice of property owners, interested administrative penalty. persons, and the City. (a) After the time for abatement set forth in the citation and (b) The citation and order shall be order has expired, the director served in the manner shall determine whether the '" prescribed by Section owner has taken the action 61.16.1615Co) and (c). ordered by the director and whether the nuisance has been (c) A fee shall be imposed on the abated. If the director owner of any property for which determines that , the nuisance a citation and order is issued has been abated, the owner and pursuant to this chapter. The any occupants other than the fee shall be calculated to owner shall be notified in recover the total City cost of writing of such determination inspections and enforcement, and the citation shall be and shall be set by resolution of dissolved. the city council. Any fee not paid shall be collected pursuant (b) If the director determines that to the procedure set forth in the nuisance has not been Chapter 50.09 of the abated, the director may Sacramento city code. impose an administrative penalty of not more than (d) The citation and order shall .. $5,000.00 upon the owner. In state that a written abatement addition, the director may issue plan executed by the owner and another citation and order to director, with or without the owner pursuant to Section 61 - 35 CODE M^STER § 61.16.1611 Sacramento City Code 61.16.1609. (b) A request for hearing to contest a citation and order or an (c) If the director imposes an administrative penalty shall be administrative penalty upon the made in writing within thirty owner, the d/rector shall issue a (30) calendar days after mailing notice of such penalty to the of the citation and order or record owner of the premises, notice of administrative penalty. and to any occupants of the premises who are not the (c) If a request for hearing is not owner. The notice shall specify filed within the time period set the amount of the forth in subdivision (b) above, administrative penalty, advise the citation or administrative the owner of his or her right to penalty shall be deemed a final request a hearing to contest the order of the hearing officer. administrative penalty, and (Ord. No. 93-053, §1) state that if no hearing request is received within thirty (30) 61.16.1615 Hearing notice. c a 1 e n d a r d a y s, t h e (a) Upon the owner's request for a administrative penalty will hearing, the director shall issue become final and be made a a hearing notice. The notice lien upon the property involved, shall contain: (d) The notice of administrative (1) A copy of the citation and penalty shall be served in the order. manner prescribed by Section 61.16.1615(b) and (c). (2) A copy of the notice of administrative penalty, (Ord. No. 93-053, §1) where applicable; 61.16.1612 Reserved. (3) An order to the owner to appear before a hearing 61.16.1613 Right to a hearing, officer at a stated time, but The property owner has the right to in no event less than twenty request a hearing to contest any citation (20) calendar days after and order issued or any administrative ma~ling of the hearing penalty imposed by the director, notice. (Ord. No. 93-053, §1) (4) A list of the actions which 61.16.1614 Requests for hearing.., the director intends to ask (a) All requests for hearing shall be the hearing officer to order made to the director, the owner to take if the matter is not resolved CODE MASTER 61 - 36 NUISANCE CODE 61.16.1615 before hearing. Nothing (1) In the event that the owner shall prevent the hearing refuses to accept certified officer from ordering other return receipt mail or actions not listed in the cannot be personally served, hearing notice, but the service may be made by owner shall have the right substituted service. In lieu to ask for a supplemental of personal delivery of a hearing on such other copy of the notice, a notice actions as set forth in or any amended or Section 61.16.1624. supplemental notice may be served by leaving a copy (5) A statement that all during usual office hours in interested persons may his/her office with the attend and testify at the person who is apparently in hearing, charge, and by thereafter mailing by first-class mail a (b) The hearing notice, and any copy of the notice to the amended or supplemental owner at the address where notice, shall be served either by the copy of the notice was personal delivery or by mailing left. Or, a notice or any a copy by certified mail, amended or supplemental postage prepaid, return receipt notice may be served by requested, upon the record leaving a copy at the owner at the owner's address as owner's dwelling, usual it appears on the latest place of abode, or usual equalized assessment ~roll of place of business in the Sacramento County, or as presence of a competent known to the director. At the member of the household or discretion of the director, a person apparently in copies of the notice may also charge of his/her office or be mailed to the owner by first place of business, at least 18 class mail or mailed to any years of age, and thereafter holder of an interest in the mailing by first-class mail a property or a mortgage, deed of copy of the notice to the trust, or other lien or owner at the address where encumbrance of record, the copy was left. In lieu of personally serving the (2) In the event the owner owner or service by certified mail, refuses to accept certified service of the notice and any return receipt mail or amended or supplemental notice cannot be personally served may be made as follows: and has a property manager, 61 - 37 CODEMAsTER § 61.16.1615 Sacramento City Code or rental agency overseeing other persons respecting the the premises, substituted nuisance-creating behaviors on the service may be made as set premises and the steps necessary to abate forth in (1) above upon the the nuisance, or the imposition of an property manager or rental administrative penalty. agency. (Ord. No. 93-053, §1) (3) If the owner lives out of 61.16.1617 Record of oral evidence at state and will not accept hearing. certified return receipt mail, (a) The proceedings at the heating then service may be made shall be recorded by a tape by first-class mail. recorder. Either party may provide a certified shorthand (4) If the owner of the property reporter to maintain a record of cannot be located after a the proceedings at the party's diligent search, service may own expense. be made by publication in a Sacramento newspaper of Co) Preparation of a record of the general circulation which is proceeding shall be governed by most likely to give actual California Code of Civil notice to the owner. Procedure Section 1094.6, as presently written or hereinafter (c) Proof of service of the heating amended. notice shall be certified by '(Ord. No. 93-053, §1) written declaration under penalty of perjury executed by 61.16.1618 Continuances. the person effecfing service, The heating officer may grant declaring the time, date and continuances from time to time for good manner in which service was cause shown. made: (Ord. No. 93-053, §1) (d) Failure to effect service on any 61.16.1619 Oaths. person specified herein shall The hearing officer shall administer not invalidate proceedings the oath or affirmation. against any person who is (Ord. No. 93-053, §1) properly served. (Ord. No. 93-053, §1) 61.16.1620 Evidence rules. Government Code of the State of 61.16. i616 Hearings-generally. California, Section ll513, subsections (a), At the t/me set for hearing the heating Co) and (c), as presently Written or officer shall proceed to hear the testimony hereinafter amended, shall apply to of city staff, the owner, any tenants, and hearings under this chapter. CODE MASTER 61 - 38 NUISANCE CODE 61.16.1624 (Ord. No. 93-053, §1) inspection shall be given to the owner before the inspection is 61.16.1621 Rights of parties., made; (a) The parties and anyone who participates in a hearing under (c) The parties are given an this chapter may be represented opportunity to be present by an attorney or other person during the inspection; of the party's choice. (d) The hearing officer shall state (13) If a party d.ves not proficiently ~. for the record during the speak or understand the english hearing, or file a written language, the party may provide statement after the hearing for an interpreter, at the party's inclusion in the hearing record, own cost, to translate for the upon completion of the party. An interpreter shall not inspection, the material facts have had any involvement in observed and the conclusions the issues of the case prior to drawn therefrom; and the hearing. (Ord. No. 93-053, §1) (e) Each party then shall have a right to rebut or explain the 61.16.1622 Official notice, matters so stated by the hearing In reaching a decision, official notice officer either for the record may be taken, either before or after during the hearing or by filing a submission of the case for decision, of any written statement after the fact which may be judicially noticed by the heating for inclusion in the courts of this state or which may appear in record. any of the official records of the city or (Ord. No. 93-053, §1) any of its department. (Ord. No. 93-053, §1) 61.16.1624 Decision of the hearing officer. 61.16.1623 Inspection of premises. If it is shown by a preponderance of The hearing officer may inspect the the evidence that behaviors occurring on exterior of the premises involved in the the premises constitute a public nuisance heating prior to, during or after the and that the owner of the premises has hearing, provided that: not taken adequate steps to abate the nuisance as prescribed by the director, the (a) Consent is granted by a person -board shall issue a written decision with the lawful right to grant declaring the premises a public nuisance. ., consent or an inspection The hearing officer may affirm, reject or warrant is obtained; modify any administrative penalty imposed on the owner by the director based upon (b) Reasonable notice of such the severity of the nuisance-creating : 61 - 39 CODE MASTER § 61.16.1624 Sacramento City Code behaviors on the premises and the owner's setting forth the name, address efforts, or lack thereof, to remedy the and daytime and evening problem. The administrative penalty may telephone numbers of the be adjusted if the hearing officer finds that owner or of a local property imposition of the penalty would work a manager who is authorized to substantial undue economic hardship on make decisions relating to the owner or tenants. The hearing officer management of the property; may order the owner to take such action it deems appropriate to abate the nuisance. (h) Obtaining education and The actions ordered shall be reasonable training in rental property and may include, but shall not be limited management; to: (i) Such other reasonable actions as (a) Provision of additional exterior may be deemed appropriate by the lighting; hearing officer. (b) The posting of security The hearing officer shall not have the personnel on the premises; authority to order that the owner evict a tenant or any other person from the (c) Installationof appropriate premises. fencing; If the hearing officer orders the owner (d) Posting of signs on the to take specified actions to abate the premises, and provisions in nuisance, the director shall review the rental applications and owner's compliance with the hearing agreements, which state that officer's order pursuant to Section illegal use of controlled 61.16.1611. substances and other nuisance-creating behaviors on The decision shall inform the owner the premises shall be grounds that if the nuisance is not abated within the time specified and the owner has not for eviction; complied with all orders of the hearing (e) Hiring a competent property officer, an administrative penalty in an management firm to manage amount not to exceed $5,000.00 may be the property; imposed upon the owner and made a lien on the property involved. (f) Hiring of a competent resident manager who has experience, If the decision orders the owner to education, and training in rental take any actions which were not listed in property management; the hearing notice, the decision shall specifically designate those actions, and if (g) Posting a sign on the premises the owner objects to those actior, s as CODE MASTER 61 - 40 NUISANCE CODE 61.16.1626 unnecessary or infeasible, the owner may attorney may commence appropriate request a supplemental hearing before the judicial action against any owner who fails heating officer on the subject of the to abate a nuisance pursuant to the order appropriateness of those actions only, by of the hearing officer. filing a written request with the director (Ord. No. 93-053, §1) within fifteen (15) calendar days after the decision is mailed to the owner. A 61.16.1626 Procedures for collection request for supplemental heating shall not of administrative penalty. stay tt'e hearing officer's order to take The administrative penalty shall be due actions which were listed in the hearing and payable within thi~y. ~,(30) days after notice, the decision of the director becomes final or within thirty (30) days after the heating The decision of the heating officer officer's decision is issued. If the penalty shall be final. The decision shall inform is not timely paid, the city council may the owner that the time for judicial review thereupon order that the penalty be of the hearing officer's decision is specially assessed against the property governed by California Code of Civil involved. If the city council orders that Procedure Section 1094.6. the penalty be specially assessed against the property, it shall confirm the The decision shall be posted on the assessment and thereafter said assessment premises' and served upon the owner by may' be collected at the same t/me and in personal delivery or by certified mail, the same manner as ordinary real property return receipt requested, and shall be sent taxes are collected and shall be subject to by f'zrst class mail to any occupants other the same penalties and the same than the owner, any holder of any procedure and sale in case of delinquency mortgage or deed of trust or other lien or as provided for ordinary real property encumbrance of record, the owner or taxes. All laws applicable to the levy, holder of any lease of record, and the collection, and enforcement of real holder of any other estate or legal interest property taxes are applicable to the of record in the premises. Failure to serve special assessment. the decision on any person specified herein shall not invalidate proceedings The city council may also cause a against any person who is properly served, notice of lien to be recorded. The notice (Ord. No. 93-053, §1) shall, at a minimum, identify the record owner or possessor of the property, set 61.16.1625 Enforcement of hearing forth the last known address of the record officer orders, owner or possessor, the date on which the After any order of the hearing officer penalty was imposed by the hearing made pursuant to this code shall have officer, a description of the real property become final, no owner to whom any such subject to the lien, and the amount of the order is directed shall fail, neglect or penalty. refuse to obey any such order. The city [ 61 - 41 CODE MASTER § 61.16.1626 Sacramento City Code No owner shall pass on 'to tenants be ten dollars ($10.00) per penalties incurred pursuant to this chapter, rental unit per year. AR fees Costs of capital improvements and security shall be used exclusively for and safety enhancements may be passed administration and enforcement on. of this chapter and Titles 49 (Ord. No. 93-053, §1) and 50 of the City Code. 61.16.1627 Use of fees and penalties. (c) This section shall be repealed All fees and penalties received by the as of January 1, 1997. If the City pursuant to this chapter shall be used city council chooses to extend exclusively for administration and the fee, a four-fifths (4/5) vote enforcement ~0f this chapter and Titles 49 of the council shall be'required. and 50 of the City Code. (Ord. No. 93-053, §1) (d) Prior to January 1, 1997, the city council shall cause a study 61.16.1628 Neighborhood conservation to be conducted to determine fee. whether fees and penalties paid (a) The city council finds that by property owners subjected to prompt, effective administration substandard housing, dangerous of the city's substandard buildings, and neighborhood housing, dangerous buildings, nuisance code proceedings are and neighborhood nuisance adequate to fund continuing codes is necessary to safeguard enforcement of the codes and the city's housing stock and its shall not consider extending the neighborhoods and provides a neighborhood conservation fee service to and benefits all if those fees and penalties are owners of residential rental adequate. property by protecting and enhancing property values and (e) The fees imposed pursuant to maintaining neighborhoods as this section shall be used to desirable places to live. increase the number of staff working on administration and (b) There is hereby imposed upon enforcement of Tires 49-and 50 every owner of residential of the City Code and this rental property a neighborhood chapter, and shall not be used conservation fee to fund to replace the funding for administration of the fee-funded or general fund substandard housing, dangerous funded staff presently working buildings, and neighborhood on these matters. nuisance codes necessitated by (Ord. No. 93-054, §1) the existence of residential rental property. The fee shall CODE MASTER 61 - 42 DRUG PARAPHERNALIA 70.01.100 TITLE 70. DRUG 11056, 11057 and 11058 of the PARAPHERNALIA California Health and Safety Code, identified as Schedules I Chapter 70.01. General through V, inclusive, as said sections now exist or may Chapter 70.01. General hereafter be amended, renumbered or added to in any 70.01.100 Definitions. way. 70.01.101 Display of drug paraphernalia. 70.01.102Distribution of drug (e) Drug Paraphernalia. "Drug paraphernalia, paraphernalia" means all 70.01.103 Exceptions. equipment, products and 70.01.104 Violations. materials of any k/nd which are 70.01.105Severability. intended by a person charged with a violation of this title for 70.01.100 Definitions. use in manufacturing, As used in this rifle, the following compounding, converting, terms shall be ascribed the following producing, processing, meanings: preparing, testing,, analyzing, . packaging, repacking, storing, .. (a) Business. "Business" means a c o n t a i n i n g, c o n c e a 1 i n g, "!· fixed location, whether indoors injecting, ingesting, inhaling, or or outdoors, at which otherwise introducing into the merchandise is offered for sale human body a controlled at retail, substance in violation of any law of the State of California. (b) Display. "Display" means to "Drug paraphernalia" includes, show to a patron or have in a but is not limited to, all of the manner so as to be available following: for viewing. (1) Kits intended for use in (c) Distribute. "Distribute" means m a n u f a c t u r i n g , to transfer ownership or a compounding, converting, possessory interest to another, producing, processing or whether for con-sidera-tion or preparing controlled as a gratuity. "Distribute" substances; includes both sales and gifts. (2) Isomerization devices (d) Controlled Substance. intended for use in "Controlled substance" means increasing the potency of those controlled substances set any species of plant which is forth in Section 11054, 11055, a controlled substance; \ - 70 - 1 CODE MASTER § 70.01.100 Sacramento City Code (3) Testing equipment intended marijuana, cocaine, hashish, for use in identifying, or in or hashish oil into the analyzing the strength, human body, such as: effectiveness or purity of controlled substances; (A) Metal, wooden, acrylic, glass, stone, plastic, or (4) Diluents and adulterants, ceramic pipes with or such as quinine without screens, hydrochloride, mannitol, permanent screens, mannite, dextrose and hashish heads, or lactose intended for use in punctured metal bowls; cutting controlled substances; (B) Water pipes; (5) Separation gins and sifters (C) Carburetion tubes and intended for use in twigs devices; removing twigs and seeds from, or in otherwise (D) S m o kin g a n d cleaning or refining carburafion masks; marijuana; (E) Roach clips, meaning (6) Blenders, bowls, containers, objects used to hold spoons and mixing devices burning material, such as intended for use in a marijuana cigarette compounding controlled that has become too substances; small or too short to be held in the hand; (7) Capsules, balloons, envelopes, and other (F) Miniature cocaine containers intended for use spoons, and cocaine in packaging small vials; quantifies of controlled substances; (G) Chamber pipes; (8) Containers and other (H) Carburetor pipes; objects intended for use in storing or concealing ri) Air-driven pipes; controlled substances; and, (J) Bongs. (9) Objects intended for use in injecting, inhaling, or In determining whether an object is otherwise introducing "drug paraphernalia," a court or other CODE MASTER 70 - 2 DRUG PARAPHERNALIA 70.01.101 authority may consider in addition to all (8) Direct or circumstantial other logically relevant factors, the evidence of the ratio of following: sales of the object or objects to the total sales of the (1) Statements by an owner or business enterprise; by anyone in control of the object concerning its use; (9) The existence and scope of legitimate uses for the (2) The proximity of the object object in the community; to controlled substances; and, (3) The existence of any residue (10) Expert testimony concerning of controlled substances on its use. the object; (f) Person. "Person" means a natural (4) Direct or circumstantial person or any firm, partnership, evidence of the intent of the association, corporation, or owner, or of anyone in cooperative association. control of the object, to (Ord. No. 81-042, ~2) deliver to persons whom he knows intend to use the 70.01.101 Display of drug paraphernalia. object to facilitate a (a) Except as authorized by law, it violation of the laws of the shall be unlawful for any person State of California relating to maintain or operate any to controlled substances; business knowing or under circumstances where he should (5) Descriptive materials or reasonably know that drug instructions, written or oral, paraphernalia is displayed at accompanying the object such business. which explain or depict its use; (b) Except as authorized by law, it shall be unlawful for any person (6) National and local who is the owner of a business, advertising concerning its an employee thereof or who use; works at such business as an agent of the owner, to willfully (7) The manner in which the display drug paraphernaliaat object is displayed for sale, such business. including its proximity to (Ord. No. 81-042; other objects falling within the definition of drug paraphernalia; -'~ 70 - 3 CODE MASTER § 70.01.102 Sacramento City Code 70.01.102 Distribution of drug be deemed, whether directly or paraphernalia, indirectly, to authorize any act Except as authorized by law, it shall be which is otherwise prohibited unlawful for any person to distribute to by any law of the State of another person drug paraphernalia, California or require any act knowing or under circumstances where he which is prohibited by any law should reasonably know that it will be of the State of California. Nor used to manufacture, compound, convert, shall any provision of this title produce, process, prepare, test, analyze, be deemed, whether directly or pack, repack, store, contain, conceal, indirectly, to prohibit any act or inject, ingest, inhale, or:: otherwise acts which are prohibit~ by introduce into the human body a any law. of the State of controlled substance in violation of any California. law of the State of California. (Ord. No. 81-042, ~2) (Ord. No. 81-042, ~2) 70.01.104 Violations. 70.01.103 Exceptions. (a) Misdemeanor. Any person who (a) This title shall not apply to any violates any provision of this of the following: title is guilty of a misdemeanor, and upon conviction is (1) Any pharmacist or other punishable by a fine not authorized person, who sells exceeding five hundred dollars or furnishes drug ($500.00). A person who paraphernalia upon the violates the provisions of prescription of a physician, Section 70.01.102(a) shall be dentist, podiatrist or deemed to be guilty of a veterinarian, separate offense for each day or portion thereof, during which (2) Any physician, dentist, the violation continues. podiatrist or veterinarian who furnishes or prescribes (b) Public Nuisance. A violation of drug paraphernalia to his or any provision of this title is her patient, declared to be a public nuisance subject to abatement (3) A n y m a n u fa c t u r e r, pursuant to Section 731 of the wholesaler or retailer Code of Civil Procedure or licensed by the California pursuant to the procedures State Board of Pharmacy to specified in Title 61 of this sell or transfer drug code. paraphernalia. (Ord. No. 81-042, ~) Co) No provision of this title shall CODE MASTER 70 - 4 DRUG PARAPHERNALIA 70.01.105 70.01.105 Sevembility. The city council hereby declares that it would have. passed this ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this ordinance are severable and if for any reason any sentence, paragraph or section of this ordinance shall be held invalid, such decision shall not affect the vaJi. dity of the remaining parts of this ordinance. (Ord. No. 81-042, {}2) - 70 - 5 CODE MASTER onrovla s ru lterlnff tgrmnance 'largets Sales Of Rock Cocaine " · ~,, ~,~.l..~. '. ~' O n November 21, 1992, Raymond R. Ra.mire~ was found guilty meat retired mzpp~-: aad tworab!e com. Of Violating the City of Monrovia's ordinance prohibiting Ioi- meats from citizens living in the tn'get tertng for the purpose of engaging In drug-related activities. ~ Ci~xms s~ed ~yimm~diat~ saw It was one hopefully final step in a case that went all the way to the u~provement in [heir neigh, borhoods when California Supreme Court before the state's highest court denied ~ord mt to ~d~s du~ ~ ordinate had been approved by cae Council review of an appellate court ruling which allowed the ordinance to ponce were e~forc~ir stand. The city hopes the ordinance will provide a much-needed tool for addressing the problem of street sales of rock cocaine. · : ........ S hordy a/ret adopdon of the ordi- nation. ~onro~a w~¥exPerienciag an ~ e~d C;fi~ixmo~ths. .... ._ .,... _ *. ~ .. menr Team. norm~y usigaed to increase ia d~e sm~C sa/es of rock cocaine, -- N~rcofics and Gang Suppression, was Residents regularly appeared at Ci~ select~ to implement its provi-Jons. ,4Er, er CounciI meed~gs ~o beg r~at somed~lng be a efore adoptio~ o£ the ordinance, - the trial period, Bicycle Patrol Officers and done about [he druK dealers ia [heir neigh- the Mayor. City Council. and mere- Narcotics Detectives also were rosined and borhoods. However, with the elaborate hers of the Police Depa~l~e~t met au~orEzed to tmforce the early, wa/ll~ systerIl azllong drug dealers with citizen's group~, ministers, cornmup, i. Ail officers received four hours of b'abl. oper'aUng on the srreem, iC w'as very difi[c~It t7 acfi~sts and ~eighborhood Watch lng in the philosophy and goals of ~he for police ~o ~r,r~blJsh proper grounds for an groups to discuss what we wanted to ordinance. The b-a. ining included elements arrest that would hold up ia court, achieve with the ordinance, of the ordinance, legal background, ea. The Monrovia Police staff invesr, igated It is impor~tt to note' that some mem. . forcement guidPJines, u~ and application. a successful ordinance being used in. bets of the community lek that the ordi- reporting elements, department pollc7 Tacoma. Iarashingt. on. ~d proposed a sim. r,~ce might be unevenby' e~forced. That is and community senslrJvity. Once tr'zincd. it~ law for Monrovia. On March 20, ~c~O, to say. that certain ethnic or minority the officers set out to enforce the ordi- the Monrovia Ci.t7 Council adopted ~c groups might receive more enforcement hence in one of Monrovia'$ high drug ordinance which states: "It is unlaw/ul for than others involved in the same ;aridity, sales areas. any person to loiter in. on, or near any Wecoo6nued m assure them ourgoal was When the Ordiaance was implement. thoroughfare or place open to ~he public to improve the citizens' quality of life and ed, the target areas were considered' or near any public or private place in ~ reestablish the safety of their neighbor- Monrovia's most active areas for sales of manner and under circumstances mani- hoods by eliminating drug sales on their rock cocaine. The locations were not only' resting the purgose of engaging in drug- s~'ee~ We soEcit~xi their input in develop, well known to Monrovia drug users, but related activities,' lng the ordinance md requirement, o{ the also to users living in o~er parts of the San The Ci[7 Council also established a six- training' prod'ram for police oft!icer~ who Gabriel Valley. month ~al period for the ordinance, wouJd be assigned to enforce the ordinanc~ During the followiag two months, video. Enforcement was limited to officers who Mter sig'nlJiC.~n[ work together, we were taped surveillances were conducted 6'om went :brough a spec~cally-designed tzain- ~ble to resolve the concerns of residents stationary positions in both vehicles and in~, program. The Chief of Police was in- ~d rccelve t.heir active support, buildings. Ten individuals wer~ arrested structed ~o repor~ back to thc Council on During the r. da] period, the Police De- for violation ol~ the ordinance md enforce partrnent continued to work closely wi~h the ment often led to 'more serious charges. cornn~aity to idendfy and resoive any l~ob- For example; Z~ob ~artlett iz tire Mapor o/~l~onrovla and lems with the ordinance or its erlforcemenL Suspect ~ Charged with violation of the Joe Santoro is the Police CMe/o/that ci~. The City Council and the Police Del:art. drug loitering ordinaace, transportation · by Bob Bart!c~ and foe Santoro and sale of cocaine, possession of cocaine re!led by the city attorney as a possession We have subsequently learned the l~araphernalia, and violation of parole. . of marijuana charge. The ~uspect pled Public De/ender plans to vigorously oppose DIs~sttlon: Convicted on the sales of con. guilty to the charge and was fined SM. the Ordinance at every step. In an effort to trolled substance char~ and .sentenced to three years in state primn. Susl~:t #i0: Charged with violating the maximize our efforts, establish case law drug loite."ing ordinance. DisposRiem: the and free the cits' of the significant Attorney Sus~et e2: Charged with vioIating the defendant unsuccessMly ch~lengefl the fees that would occur because of the drug loitering ordinance, sate of cocaine, constitutionality of the ordinance in the Public Defender's plans, we asked the Los possession of cocaine paraphernalia and trial and appellate courts. The California .angeles Coun .ty's District Attorney's o/rice violation of parole, DisposRIon: Convicted Supreme Court denied thc defendant's to take over thc case. District Attorney Ira on the sales of controlled substance petition to revlcw the lower courts' deci- Rciner agreed that the successfifl prosccu. charge and sentenced to three years in sions. Thc suspect was convicted on the lion of this case will have significant impact ~tate prison, charge and received a 30day seatcnce, on law enforcement's ability.to address $usl~'t #$: Charged with violating the street sales of rock cocaine. He subse. drug loitering ordinance. Oisposltiom The Becausc Monrovia's Ordinance was quently agreed to have his office prosecute suscect pled guilty and was sentenced to thc 'first in California. we had andci- the case and hanclle all appeals. three ye. ars probation and rifle oflit0$, pared a constitutional challenge and stressed thc need for clearly documented N ow that Monrovia's Drug. Loitering. Sus0oet #~: Charged with violating the ~ioiations that would surdvc any challenge. Ordinance has with~ood aggressive drug loitering o~inance, tY~lx}sRIom Case When the Los Angeles County Public constitutional challenges by the dismissed in the interest o/justice. Del'ender's Office decided to test the con- Public Defenders Office, the department Susv, ct #$: Charged with violating the stitutionality of the ordinance, the demrt, has again started erfforcing the ordinance. drug loitering ordinance, ot*,~os~.lon: The merit anpped eniorcing the ord---ace until The Chief of Police is required to give the appeal proce~ was completed. suspect pled guilty to the charge and was ~mi-annual status ~ to t.he Council to ~ntenced to three years probation and a The l~.lblic Deiender's position was that ensure the sp~t of the law remains intact. l~ne of ST05: the state's existing laws regarding sales The ordinance has been used in the and possession of dru~ took precedence problem areas of this city with ~ome signd- Sus0~ct ~: Charged with violating the over a ci.ty ordinance with the same put- iv. ant results. Because of the Supreme drug loitering ordinance, t}ls~o~liion: The pose. The public defender also argued Court's decision, we will continue to use sus~-,ct pled guilty to the charge and was the ordinance is vague and overly broad, fined 82,50, the ortinance to target street sales of rock thercfore unconslitutional. The city coon- cocaine and protect the quality of life and Sus~et #7: Charged with violating thc tered that ',.he ordinance was supplemen, safety of our ci~,~ns. drug loitering ordinance. Dim0ositlon: tary and not meant to replace State Law, .. Suspect was arrested and is awaiting that it clearly gives notice and sufficient A copy of Monro~ia's dm toit ' ' g enng ordi. arraignment. .maidelines and that it is constitudomd. The nance and the department'~ emin6~ outline Public Defender's Office was unsuccessful is available through the League library by $usi~oet #8: Charged with violating the in their efforts in the Municipal and calling (916) 444-,57~0. drug loitering ordinance. Dt~v.~tlo,: Case Supe..rior Courts. as well as the Court of refiled by the city attorney, as a possession Appcal, The Public Defender tiled a of marijuanachar.~e. Suspect was arrested Petition for Review to the Calih)rnia and is aw'airing arraignment on the charge. Supreme Court. On May 21. l~cz:d2, th,.: City of Monrovia filed an Answer to the Sus~,:t #9: Charged with viotatingthe Petition. resulting ia ~l~e Cal,';,~rnia dnar loiteri~ ordinance, l)t.~: Case Supreme Court's denying thc Petit/on. · 9 WF, S"~.~ CrrY, JANUARy 199:; DRAFT Office of the CHIEF OF POLICE INFORMATZON BULLETZN~- 16 March 93 SUBJECT- Loitering for Drug Activities Ordinance RMC Chaoter 11.90 Section 11.90.010 Recently, the Richmond City Council approved and adopted RMC Sec%ions 11.90.010 and tl.90.020 of the Richmond Municipal Code, entitled Loitering for Druq Activities. This ordinance provides that "it is unlawful for any person ~o loiter in, on or near any thoroughfare or place open to the public or near any public or priv&%e'place in a manner and under circumstances manifesting the purpose of engaging in drug-related activity .... " This ordinance can serve as an effective tool in our fight a~ainst street narcotics activity in the City of Richmond, but only if it is administered appropriately and with discretion. The Drug Loitering ordinance clearly enumerates many activities that may be used to establish the elements (probable c&use) for an arrest. The goal of '~ ~,,,s Department i~ to use this new ordinance to judiciously and effectively suppress narcotics trafficking in the City of Richmond. Officers will emsure this ordinance will not be used to limit ~he lawful access'of people to public or private' areas. ENF©RCEHENT- Enforcement of thi~ ordinance shall be restricted to those officers whc are 115S0 H&S and/or D.R.E. certified and have received tl.90.010 ordinance training frcrn the S.I.D. Commander. .. All sworn personnel w~o wish to be certified %o enforce this ordinance must pro,/ide documentation of the 11550 and/or D.R.E. cer%i=ication and c.3nmac% the S.Z.D. Ccmm,'~nder for the required training. Ordinance training dates shall be forthcoming. e 401 . 27th Street Richmond California 94804 telephone: 415 620-6655 \. Office of the CHIEF OF POLICE Ckvof CHAPTER 11,90 Loiterinc for Orua Activit es 11.90.-010 Acts Prohibited. Zt is unlawful for any person to loiter in, cn or near any thoroughfare or place open %o the public or near ~n¥ public or private place in a manner ~nd 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. 11.90.020 Circumstances. Among circumstances that may be considered in determining whether such purpose is manifested are that the person- (e) Zs a known drug user, possessor, or seller. For purpose of this chapter, a "known unl'awful 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 sal'e of any of the substances referred to in Chapter 6 and 6.:5 of'-Divi.~iOn-~O 0~;~-- ..'.:." .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 person who possesses drug... paraphernalia.. (b) is currently subject tc an orde¢ prohibiting his or.her. .... presence in a high drug activity ~eogr~ph~c area; " (c) Behaves in such a manner as to raise a reascnable' suspicicn that he cr .she is abcut to en~a,~e_ in or is ~=~,,_,, en~aged in an unlawful drug-related activity, including by way of example only, acting as a "lookout". (d) Zs physically i~entified by the officer as a member of a "~ang", or association which has as it~ purpose illegal drug .. activity; -- O -- 401 - 27th Street Richmond California 94804 telephone: 415 620-6655 Office of the CHIEF OF POLICE (e) Transfers small objects or packages for currency in a furtive fashion; (f) Takes flight upon the appearance of a police officer; (9) Tries to conceal himse'if or herself or any object which reasonably could be invQlved in an unlawful drug-related activity; (h) Zs in an area that is known for unlawful drug use and trafficking; (i) Zs on or in premises that have been reported to law enforcement as a place suspected of uhtawful drug activity; (j) Zs 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 invot-vdng.'dYug-' :" ' .... '-- related activity. Section Ii. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional invalid, such a decision shall not affect the validity cf,'the '. .: remaining portions of this ordinance. The City Counci!..hereby '. declares that it would have passed each section, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the unconstitutionality or invalidity of any section, subsection: subdivision, paragraph,, s~n~enc= ' clause or phrase. - 3 - 401 - 27th Street Richmond California 94804 telephone: 415 620-6655 CZTY OF R.TCHNONO ~'RUG LOZTEFZNG OP, DZNANCE T.=.A-T N Z NG OUTLINE ONE HOU~ OF TNSTRUCTZON ZNTRODUCTT'~ · _~.N Ey ordinance the City Council of the City of Richmond has added chapter 11-90 to the Richmond Municipal. Code. The chapter relates to Loltering for purpose of drug related activities makinc_ it a misdemeanor ~o ~oi~er under circumstances. Only Officers who receive the block of instruction r=larin~ to h .... . I * , · - - c, .=wL..=r 1.90 wi ~l be alloweC to enforce its provisions. Thi~ block of instruction will cmver the foi iowin~. =. Elements cf Richmond Nunicipel Code sections "! . 90 . ,2 ~ 0,/ ~ I .9C.020 ,.~ remain in a~ area w~hou¢-. ~ for a sustained period of time. A period of surveillance 4s required to establish the subjecs .i.s-. loitering~. , ' ' -~ '~ l u i Ze'~ ' -" ' -' -' "~*'"' '" ~'~';~"- :';"': ' - ' '~ -informatiOn ma~ blSo ~'~ - - .... ': -' . used ~'~ .... '- ~stablish how .... lone subiec~ .has-beam ',o.~'~caricg .. ~:. the location ...... · ~,~t s ccncuct/c]rcumstances..e$%ab].~ah cause that ~he .... ~ ~ ~ec% intends': to. en~ge-j~ .~'~. ';'ieg~', ~ druc_ ~ctiv~%v'.._. ,..based'_ ..... on'"~our:.'t'ra~.ni~:~','.. .. ': i. ~u~c% ~'~ ~-know¢ dr'uo user~ posse~sc.r~ or .DF~ic~,-'S Ocssrvati'cq~, pe;-scna] kno,wl~s~". ' _~ ~ooumen%~, such as'RAP~ ~heems or c. 0,¢ t ....... current' hibit or'c9¢, from, beinq 4n, hich Cru6 activity Officer may have der'soma] knowledge of court order, but mu:~t obbain actusi court " documentation for Filing of the case. ': ~ '~OiC;C:JS Be~./i.Dr P,easonable for Of=iOOF tO be]i~ = , . _v_ hhat ~he subject ~s asout ~,- er:~age in unlaw¢,~l drug activity, to ir, c]ude actim9 'as a lookout. -' Gano members who ~s=o~a%=~ for ~. , ~m~- ' illecal Cru~ activin~. Persona'.' kmowlecge officer that part of tr, e ~ang's activity to en~age in illegal drug ac~i,i~t),, am~ subjec~ in question i~ a known oan~ member 5. Oe~li,ag. Transfer cf sm~!i oUjec~ or ~acka~es for curt:ncr. _ ~. in a fur%ire fashion. · ~ ~i~h~ f~om oc, ~ce Subject ~kes ~i~ upon ~he appearance of a polio: officer. "~once~Iment. Subject attempts ~c. conceal Ue involved in unlawful drug ac:ivi%y. '~,-~riom~.._._ ~'c~=ct '~:~ i; i~ an area 'ha~ known for .Jn'awfu! dcuo use amc zraffick~n~. place suspected of unlawful drug ~ctivity. 10 ..... i~l~ c., ' -~ e_~ ... .. v~n ~ . ~ubje~ ~s. in or' wi.thin ~".~ f ~- ...... = ~s an outstandin~ warran~ for -~ .crime imveiving UFu~-re!a%ed act!~'i, tv; .. = - . .'. - ~'.,. ~ -' _ ..- .,.-x-'~.-=.~,.. ,' .-'-.'...'. "..~ . = .'-'- .~-"~2~--..~..:- .: :; . .. . ,. , -.. ..... . .....~ .... .. -..~,. .., ~ . ....:.:, .._ <- -. :~....: ;;[";-~ ....... ;LT:i..:[. -_A.- L~s w~i.~q p~.~%4bitt, loi~eri~ f~r-a...s~ec~ic:.'..- :-: '. .- ' ' "'' ' ._ .i-'-' A .,~ ' , - :. ~e,-a ,~ 'Cur:mos'e'. g'e~!e-Fa~' !~y ~-uph~ rd' as'.": .:...'-: -'. '~' -.'- ~ - ".;. c.:,nsti tutic~ai. S. Loite,-inc_ for purposes of ~ros~i~ ~u"~on~ , ic~er=~g in ~he area o~ ~oile~s for ~ewc · il~,- 4 . . . ~. ~.= Oral ~ll~nce conserv&ti'/e~v. When coeur, Officers~-hcu]~u i~i~ia;a,. ~n im~.,~=. __~ma~:on' ' _ __trains the extent C]r t~a ,,.i,-~5._!_n.~ ~ Whe~ =~ .' doubt, de hoc attest. Dru.2 loitering i:~w is nc~ to be used i~rJisc~iminately to i imi:. ~e ~ccess cf persons public OF private area~. C. ideal ;y more than one of the lis~ed circumstances. should be present for an arrest. -- 2 -- A. Not intended tc, be a catch al! orC, inance. Don't ccr:t=~.. :ubject with one intent a~c then fall .ba:k o~ ~ru9 Lo~terin.g O~dinance S. Only officers who receive trainisg use of the o~dinance may enforce this ordinance. Said e~foncement shall be completed in a courteous an,J prcfessiena! manner. ~. c:c ~et use thi~ o~dinance as a lessor included _ ~.~. a felony dry: charge, however, ~t may be cited as prcbaD]e cause if warranter. D. E~c. act use to bolster a questionable a~res~. Ca,es involv~n~ the use cf this ordinance must =.~ : 5o wea%he~ the test of court challenge. V. aeportia~ A'. A:*L~cu~ate the elements and.conditions %hat · '.,sur~oUqd the cir-cums-%an.ces. Lo~ _,~u.~rporate in %he arrest r¢~ort the ~f=ic~r ~.' ......... '"-- e>~eert, ise, Or =.~ampie, schools .attendea,,:,'.:~ r ...... r. e~pe~e~'c= trainir~.:, number of previous drue. arrasts and search wacra,~ts. :.... - 3 -