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HomeMy WebLinkAbout08-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, City Attorney Subject: AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.96 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING ESTABLISHING A ORIGINAL PROCEDURE FOR THE DESIGNATION OF CRIME FREE ZONES Dept: City Attorney Date: June 19, 2006 Synopsis of Previous Council action: None. Recommended motion: That said Ordinance be laid over for final reading. Contact person: James F. Penman Phone: 5355 Supporting data attached: FUNDING REQUIREMENTS: Ward: All Amount: NONE Source: (Acct. No.) (Acct. Description) Finance: Council Notes: ~ AfC-/22$ ~ t,-/?,,,,, <#fLIt. / 75.0262 Agenda Item No.. :? 7-IO-Of, STAFF REPORT Council Meeting Date: TO: FROM: DATE: AGENDA: Mayor and Common Council City Attorney's Office June 13, 2006 June 19,2006 This ordinance will create the ability to designate certain areas of the City as Crime Free Zones. Once a Crime Free Zone is established the City will work with Probation and Parole to insure that all Probationers and Parolees have, as a part of their terms and conditions of release, a requirement to stay away from the Crime Free Zone. Additionally the City will concentrate its police, fire, code enforcement and other resources in this area to eradicate crime. In order to designate a Crime Free Zone, the Council must also pass a resolution declaring a specific area as a Crime Free Zone. This resolution must be supported by evidence of a disproportionately high number of arrests for the possession or distribution of illegal drugs, crimes against property, crimes against persons and violent crime in the proposed Crime Free Zone. The City of Lancaster has a similar Ordinance and has found it to be a very successful tool in reducing narcotics related crime. Additionally, this ordinance makes loitering in the Crime Free Zone a misdemeanor and provides for a mandatory sentence of probation with a term requiring the defendant to stay away from the Crime Free Zone. Currently, under the Municipal Code, loitering (Section 9.52.070) is an infraction. By making loitering in the Crime Free Zone a misdemeanor and requiring probation, we will be able to keep individuals that are not on probation or parole out of the Crime Free Zone if they are caught loitering. This program will require that the City Attorney, District Attorney, Police Department, County Probation, and State Parole work together. The City Attorney's Office and the District Attorney's Office met on March 29, 2006, regarding this initiative. On April 14, 2006 the Mayor convened an introductory meeting with the above-mentioned agencies, as well as others, and the City Attorney's Office has scheduled further meetings with the agencies to prepare for the implementation of this program. This ordinance went to the Legislative Review Committee on June 6, 2006. 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING 3 CHAPTER 9.96 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING 4 ESTABLISHING A PROCEDURE FOR THE DESIGNATION OF CRIME FREE ZONES 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION 1. Chapter 9.96 is hereby added to the San Bernardino Municipal 8 Code to read as follows: 9 CHAPTER 9.96 CRIME FREE ZONES 10 9.96.010 Purpose. 11 The purpose of this chapter is to establish a procedure for the designation of crime free 12 zones within the city. 13 9.96.020 Definitions. In this section: 14 A. "Disperse" means to depart from the designated crime free zone and not to 15 reassemble within the crime free zone with anyone from the group ordered to 16 depart for the duration of the zone. 17 B. "Crime free zone" means an area that is established pursuant to Section 9.96.030. 18 C. "lllegal Drug"has the same meaning as the term "controlled substance" in Section 19 11007 of the California Health and Safety Code. 20 21 22 23 24 25 26 27 28 D. "Public place" means the public way and any other location open to the public, whether publicly or privately owned, including, but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, privately owned place of business to which the public is invited, including any place of amusement, entertainment, or eating place. Any "public place" also includes the front yard area, driveway, and walkway of any private residence, business, or apartment house. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9.96.030 Procedure for establishing a crime free zone. A. The city council may declare any area a crime free zone by adopting a resolution setting forth the boundaries of such area. B. In determining whether to designate a crime free zone, the city council shall consider the following: I. The occurrence of a disproportionately high number of arrests for the possession or distribution of illegal drug, crimes against property, crimes against persons, and other violent crimes in the proposed crime free zone; 2. Objective evidence or verifiable information that shows that illegal drugs are being sold and distributed within the proposed crime free zone; and 3. Any other verifiable information from which the council may ascertain whether the health and safety of residents who live in the proposed crime free zone are endangered by the purchase, sale, or use of illegal drugs or other illegal activity. Notice of a crime free zone. 9.96.040 Upon the designation of a crime free zone, the city shall mark each block within the crime free zone by posting the following information in the immediate area, of, and on the borders around, the crime free zone: A. A statement that the area has been designated a crime free zone; B. The boundaries of the crime free zone; C. A statement of the effective dates of the crime free zone designation; and D. Any other additional notice to inform the public of the crime free zone. 9.96.050 Remaining in certain places within the Crime Free Zone without consent. A. It is unlawful for any person, other than a public officer or employee acting within the course and scope of his or her employment, to enter or remain in any public place, as defined in this chapter, or private property, without the implied or express consent of the owner, his or her agent or person in lawful possession thereof, or with the knowledge that such consent has been withdrawn. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Exceptions. This section shall not apply in any of the following instances: (1) where its application is directly related to an act prohibited by the Unruh Civil Rights Act or other law relating to prohibited discrimination against any person on account of sex, color, race, religion, creed, ancestry, or national origin; (2) where its application involves or is directly related to an act prohibited by Section 365 of the Penal Code or other law relating to the duties of innkeepers or common carriers; or (3) where the property described in subsection A of this section is owned, leased, or operated by the City or any other public entity and is open to the public and the application of this section would result in an interference or inhibition ofthe exercise of constitutionally protected right offreedom of speech, provided the exercise of such right does not involve prohibited conduct, including but not limited to conduct prohibited by Section 647 or Section 415 of the Penal Code or any law or ordinance relating to the obstruction of any street, sidewalk, or other public place or place open to the public. C. Any person violating this Section is guilty of a misdemeanor which, upon conviction thereof, is punishable in accordance with the provisions of Section 1.12.010 of the Code except that any person violating this section shall be placed on summary probation with the term and condition that they stay away from the Crime Free Zone. 9.96.060 Supplemental procedure. The prohibitions set forth in this chapter are supplemental to any similar prohibitions set forth in state law. 1// 1// 1// 1// 1// /1/ 3 1 9.96.070 Severability. 2 Should any provision, section, paragraph, sentence, or words of this Ordinance be 3 rendered or declared invalid by any final court action in a court of competent jurisdiction, or by 4 reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and 5 words of this Ordinance shall remain in full force and effect. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /1/ /1/ /1/ /1/ //1 /1/ /1/ //1 /1/ /1/ //1 //1 /1/ /1/ //1 //1 //1 /1/ /1/ /1/ /1/ /1/ /1/ 4 5 ESTRADA 6 BAXTER 7 MCGINNIS 8 DERRY 9 KELLEY 10 JOHNSON 11 MCCAMMACK 1 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 2 Common Council of the City of San Bernardino at a regular meeting thereof, held on 3 the _ day of _, 2006 the following vote, to wit: 4 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 12 13 Rachel G. Clark, City Clerk 14 15 ,2006. The foregoing ordinance is hereby approved this _ day of 16 17 18 PATRICK J. MORRIS, Mayor 19 City of San Bernardino 20 Approved as to form: 21 JAMES F. PENMAN, City Attorney 22 23 24 25 26 27 28 5 Meeting Date(Date Adopted): Vote: Ayes: I - 1 .. FOR OmCE USE ONLY - NOT A PUBLIC DOCUMENT .. ORDINANCE AGENDA ITEM TRACKING FORM rl-/()'o(o Item # () X' Ordinance # mf' -/2c2g .- Nays: Abstain: Absent: Change to motion to amend original docs: Attachments: Ordinance # On Attachments: Contract Expiration Date: Contract Term: Date Sent to Mayor: 7- I / - oft:, Date of Mayor's Signature: '7 - J:J. - r::Iv:> Ord Log Updated: 7-/7-0' Date Returned from Mayor: '7 - J:J. - DiP Date of Clerk's Signature: Seal Impressed: "1-/7-t)C::, Date Memo Sent to Department for Signature: See Attached: Date Received Back: Date Letter Sent to Outside Party for Signature: _ day Reminder Letter Sent: See Attached: See Attached: Date Received Back: Note With/On of Attachment stored separately: Direct City Clerk-PUBLISH, POST, RECORD W COUNTY (circle 1) Date: See Attached: Request for Council Action & Staff Report Attached: Yes_ No_ By Date ~ '1 Other: 2>U m Yti Ci.f ~ S.p.n-r -fry fH'1vrne,r 7-/1-()1o I Rdm.JJP d ~~ 7-/I-()(p (I~ BEFORE FILING REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY ORDIN CE HRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: D.. -p(ot Last Undated: 11/03/1998