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HomeMy WebLinkAbout28-Police Department r^ '"- c - CIlY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Prom: Lee Dean, Chief of Police Dept: Police Department ~ (Q) [}2> W , Subject: Ordinance of the Mayor and Common Council of the City of San Bernardino amending certain sections of Chapter 5.14, the Entertainment Ordinance Date: April 11, 2001 Synopsis of Previous Council Action 7-12-99 Council adopted emergency Entertainment Ordinance, MC 1050. 7-19-99 Council adopted Entertainment Ordinance pertaining to dances and adult entertainment, MC 1051. 2-20-00 Council adopted revisions to Entertainment Ordinance Recommended Motion: That said ordinance be laid over for final adoption. Lmud--at-tA- MIKE BILLDT, ASSISTANT OfIEF OF POllCE Contact person: Susan Lien, Chairperson, Legislative Review Committee Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: None Council Notes: Finance Agenda Item No.-:#. ~ B CITY OF SAN BERNARDINO - REQUESI..EQR COUNCIL AC1]QN /.. STAFF REPORT '- SUB.JECT Ordinance of the Mayor and Common Council of the City of San Bernardino amending certain sections of Chapter 5.14, the Entertainment Ordinance. BACKGROUND The Common Council referred the issue of disruptive public events to the Legislative Review Committee for further study following the Mayor's executive order for events on public property. At the 8-28-00 Legislative Review Committee meeting, Chairwoman Councilwoman Susan Lien distributed an ordinance enacted by the City of Pomona on 7-24-00 restricting and limiting entertainment events in the downtown area. Pomona enacted the ordinance due to difficulties with occasional or one-time events, which impacted city services and generated liability for that city. Councilwoman Lien distributed this ordinance for review by the Police Department and Office of the City Attorney. Specifically, Pomona's ordinance established a history of public events in the downtown area exceeding 200 persons on private property that: c · Resulted in a proliferation of calls for service that disportionately taxed the available resources of the police department. · Resulted in incidents of violence at and in proximity of these events. · Generated nllII!.erous complaints regarding vandalism to public and private property, graffiti, noise, traffic congestion, curfew violations, and illegal drug and alcohol activities. · The lack of facilities, restrooms and parking, to handle large events. · It posed a significant threat to the preservation of public peace, health, safety, and welfare. FINDINGS I. The Police Department's Crime Analyst Kim Sayano compared and contrasted all the reporting districts in the City of San Bernardino. We discovered that those reporting districts which have traditionally hosted concerts and/or organized parties or gatherings have had significantly more police calls for service, arrests, and Part I violent crimes than other reporting districts. These reporting districts were clustered primarily in the downtown area. 2. Those gatherings, concerts or organized events where the police department and the City of San Bernardino participated in the pre-planning of events had less arrests, Part I crimes, and calls for service than spontaneous, non-coordinated events where the City and police department didn't participate in the planning prior to the event. 3. Where the City and police department provided suggestions and input concerning traffic, parking, security concerns, and other public safety related suggestions, the number and level of criminal and narcotics activity was less than events that occurred withol,t the City or the - ,t<F' \,.... c - police department's participation. Communication and coordination with the event vendors in the area of environmental concerns; i.e., clean-up, noise, creates a more cooperative relationship and ensures a safe and profitable event, e.g. Route 66, Black History, and Red Ribbon parades, etc. 4. Incorporating the attached recommendations to the existing City ordinance would improve and tighten our applicant review and evaluation process. FINANCIAl" IMPACT All costs created by additional security or law enforcement presence, clean up provisions, public maintenance of traffic control provisions would be borne by the event promoter under revisions to the Entertainment Ordinance. The City could charge the vendor under this ordinance or utilize the extra-ordinary law enforcement ordinance to recover any costs over and above normal city operations. RECOMMENDATION That said ordinance be laid over for fmal adoption. ATTACHMENTS City of San Bernardino San Bernardino Police Department Interoffice Memorandum -- To: Legislative Review Committee From: Michael Kinsman, Investigations Captain Subject: Date: Research on Pomona Ordinance's Implementation Thresholds January 10, 2001 Copies: Fred Wilson, City Administrator Pursuant to your request I instructed the Crime Analysis Unit to compare and contrast the baseline implementation criteria used by Pomona for San Bernardino. Based on the CAU analysis the top 10 Crime Reporting Districts for Calls for Police Service, felony arrests, and Part 1 criminal offenses, (homicides, aggregated assaults, rapes robberies, property crimes and auto thefts) are located in the Downtown Corridor bordered by Interstate 215, to Waterman Ave. and Rialto to Gilbert Streets. c Historically, we don't track events (concerts, parades, large gathering or parties, etc.) based on the number of attendees. Many larger events are generally problem free, e.g. Black History or Red Ribbon parades, Route 66, soccer matches, etc. Individual Area Commands generally track events where the Extraordinary Law Enforcement ordinance is applied however, Area Commanders/COP offices do not routinely track or record events held in their Area Command for 200+ people in attendance. Example: A party of maybe 10 people who are causing an inordinate amount of noise and causing neighbors to call for police assistance multiple times during the event, will be recorded. However, an event hosting 200+ people may not be recorded in their records, but they do note those events where officers are sometimes called multiple times in the course of one event. Therefore the Area Commands' data is about 60% accurate. As such, the ability for the Crime Analysis Unit (CAU) to conduct a detailed an accurate study of events hosting 200+ people in attendance is infeasible because it would require their office to hand research these events citywide in detail. - In an attempt to at least give the Committee a point of reference, CAU is enlisting the assistance of the Area Commanders/COPs to identify those events they believed to be in excess of 200 patrons but that data is still being compiled. CAU ran a rough program on Calls for Service and Crime Statistic searches for the Reporting Districts (RDs) of the location of the events both preceding, during, 1HE SBl'D IS .~w..1.'l1B) TO PROVIDING, PROGRESSl\';: Q'JAJIY POlleE SERVICE; A SAFE ENvtRONMENTTO JMPROVE 1HE QUAUiY OF LIFE; A REDUCTION IN CRIME TIiROUGH PROBLEM RECOGNITlON AND PROBLEM SOLVING Page 2 and following some of the events to determine if there was an increase. The following is a brief synopsis of CAU's preliminary findings of your request on data "- for presentation regarding the proposed adoption or modification to our existing Entertainment Ordinance. c ~-,,~, '-. Attached please find a list of highlights discovered in the course of this preliminary study which focused on the National Orange Show and Masterdome events since data was more readily available for these large crowd gatherings. . Research on the area immediately surrounding the National Orange Show grounds for some of the dates that a Rave Concert was held in 1999 to May 2000 revealed some of the following key points: · Rave concerts generated a total of 284 Calls for Service to RD S3190 for the dates concerts were held. · 42 Calls for Service are the average for non-Rave concert dates for RD S3190. · The average number of Calls for Service for a Rave Concert for the RD was 26. · The average number of Calls for Service for a non-Race concert date was 4. · These numbers do NOT include any additional costs incurred by our Department in the form of officers and/or Administrative Sergeants having to work over-time to provide extra law enforcement to these events. · In addition, it is typical for the businesses owners of the surrounding business establishments to find heavy vandalism the days preceding and following a Rave concert which generates additional calls and reports after the event. · Research on the area immediately surrounding the Masterdome for May 1 - May 31, 2000 revealed that Part I offenses did increase with the occurrence of a rave concert. · The Masterdome is located at 137 South G Street. During the aforementioned time span, the following crimes occurred in the 100 block of South G Street: . 1 Robbery 2 Aggravated Assaults (both at the location) 12 Vehicle burglaries · 11 at 137 South G Street · 1 in the 100 block of South G Street · 1 Larceny (occurred at 187 South G Street) . . Page 3 - Conclusion: Both the National Orange Show and MasterDome have land use agreements that predate our current zoning and conditional use ordinances therefore disruptive events must be handled on a case by case basis. I recommend modifying our existing Temporary Use and Entertainment ordinances to incorporate these aspects of Pomona's ordinance which would improve and tighten the applicant review and evaluation process. c '- March 20, 1999 National Orange Show Rave Concert 4,000 attendees March 27, 1999 National Orange Show Rave Concert 1,800 attendees - April 11, 1999 National Orange Show Car Show 5,000 attendees April 17, 1999 National Orange Show Rave Concert 8-10,000 attendees May 27-31, 1999 National Orange Show Orange Show unknown July 17, 1999 National Orange Show Rave Concert 7,500 attendees October 16, 1999 . National Orange Show Rave Concert 720 attendees November 6, 1999 National Orang!, Show Rave Concert 2,000 attendees February 6, 2000 National Orange Show Car Show 7,000 attendees March 18, 2000 National Orange Show Rave Concert 28,000 attendees April 15, 2000 National Orange Show Rave Concert 22-25,000 attendees May 13, 2000 National Orange Show Rave Concert 7,000 attendees ,- May 25-29, 2000 National Orange Show Orange Show unknown \0"".. June 3, 2000 National Orange Show Skate Jam 2000 5,000 attendees June 17, 2000 National Orange Show Summer Roast 3-400 attendees July 15,2000 National Orange Show Hot Import Night 7,000 attendees August 12, 2000 National Orange Show Tattoo the Earth 12,000 anticipated August 27, 2000 National Orange Show Concert/Car Show 12,000 anticipated September 16, 2000 National Orange Show Concert 20,000 anticipated Sept 29-0ct I, 2000 National Orange Show S.O. Rodeo unknown October 7, 2000 National Orange Show Smokeout 55,000 attendees October 7, 2000 Chaparral Motor Sport Plot Sale anticipated 15,000 November 17, 2000 Stampede Stadium Concert 3,000 attendees '-. City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: Captain Kinsman, Investigations Commander From: Kim Sayano, Crime Analyst V-- Subject: RD Analysis for Pomona Ordinance Date: November 15,2000 Copies: Lieutenant Mankin Pursuant to your request, I have conducted research into the total number of Calls for Service, Arrests, and reported Part I Crime for calendar year 1999 for each Reporting District (RD) throughout the city. Below are some key points that became apparent during the course of this study: · There is a total of 205 Reporting Districts · The average of the total of CFS, arrests, and Part I Crimes for an RD was 873. r- "- · The top 1 0 RDs are listed as follows: Reporting District (RD) Total of CFS, Arrests, Part I Crimes . S1040 5,383 S1270 5,157 S1280 4,264 S3070 3,191 S1130 3,107 S1220 2,986 S1210 2,586 S2180 2,501 S4110 2,471 S3020 2,451 Based on the above data table. it became apparent that the Downtown business district of the city formed the majority of the highest area (please see attached map). Please note that the RD containing the Central Police facility was omitted from this study as well as the two malls and large shopping centers such as Target and Walmart. - mE sarli IScOMMmED TO PROYJ":' PROGRESSIVE QUALITY roUCE so AWE ENYlRONMENTTOIMPROVE mEQL ., :C' ..';'E, A REDucnON IN CRIME lliROUGH PROBLEM RECOGNmC. ,,:,1) PROBLEM SOLVING BOLD-FACED AND STRIKE-OUT VERSION SHOWING CHANGES FROM CURRENT WORDING IN CHAPTER 5.14 '-, 5.14.010 Definitions B. A "public dance", "dancing club", or "public dance hall" means and includes any l't1blie place open to the public wherein or whereat the public may engage in dancing as a result ofthe entertainment provided, including places and dances where admission thereto is by membership or other special privilege. C. "Entertainment" means: 1. Any act, play, review, pantomime, scene, dance act, 61' song and dance act, concert, or gathering and playing of band(s) and/or musical groups, performed by one or more persons, whether or not such person or persons are compensated for such performance, when the same is performed at a public dance hall, public dance, dancing club, dine and dance club or night club; or 5.14.020 License-Required c It is unlawful for any person, firm, corporation or association of persons, to operate, conduct or carry on any act of entertainment, public dance hall, public dance, dancing club, dine and dance club or night club, as the same are defined in Section 5.14.010 without first obtaining a license to do so as provided in this Chapter. Notwithstanding the first sentence of this section, the requirements of this Chapter do not apply to not-for-profit Internal Revenue Code ~501(c)(3) religious organizations, religious assemblies or institutions, or the religious exercise of a person, or to schools, school districts and/or institutions of higher learning. 5.14.040 Application Requirements B. A site plan describing the building and/or unit proposed for the entertainment establishment, a fully dimensioned interior floor plan, and the following information: 1. Entry Program - For each type of event, the entry program will describe how patrons will enter the entertainment establishment, including a map of the proposed waiting line, estimated length of time a waiting line will exist, security searches or identification verification at entrance, 2. Map Showing Parking And Loading Areas -- An area plan shall be submitted identifying parking areas to be used by customers, including the numher of spaces available, and loading areas to be used by the entertainers, -- ',,- 5.14.050 3. Security Company Staffmg And Equipment - For each type of event, the number of security guards, their responsibilities and equipment to be used, 4. Maintenance Provisions - For each type of event, the need and number of trash receptacles, crowd control barriers, and sanitation facilities, 5. Clean-Up Provisions - For each type of event, description ofthe need for and provision of area clean-up, and 6. Noise Control Provisions -- For each type of event, description of how the noise standards of this ordinance shall be met. Issue of License-Investigation B. Standards for Approval of License. The City Clerk shall approve and issue an entertainment license ifthe application and evidence submitted show that: c -- 10. The City Clerk shall impose conditions prior to approval of an application which are deemed necessary by the Police Department, Development Services, and the Fire Department to insure compliance with the provisions of this Chapter or to protect the public health and safety. Such conditions shall be limited to the following: hours of operation, maximum occupancy, fire and life and public safety issues, fire suppression, exterior signage prohibiting loitering and littering, clean-up of premises, location of the business, amount and type of calls for police service in the area, exterior lighting, existence of public telephones and security guards. The conditions imposed shall include the posting of a bond or cash equivalent for the clean-up of premises, dependent upon the physical condition of past premises as a result of past entertainment events of applicant. _. 2 3 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 5.14.010,5.14.020,5.14.040 AND 5.14.050 OF CHAPTER 5.14 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT - DANCES AND ADUL T ENTERTAINMENT 5 WHEREAS, the Common Council has previously found that there are significant and serious secondary effects from Adult Businesses that justify regulation to protect the public health, safety 6 and welfare; and 7 WHEREAS, the Common Council has previously been presented with evidence of those secondary effects relating to zoning regulations; and 8 c WHEREAS, the Common Council has been presented with facts and information by the San 9 Bernardino Police Department to support the need for advanced, detailed notification of concerts, or the gathering and playing ofband(s) and/or musical groups ("entertainment events"), so that the 10 public safety resources of the City of San Bernardino can be more effectively planned and utilized when such concerts and/or entertainment events are scheduled relative to other simultaneous public II safety needs; and 12 WHEREAS, the Common Council has also been presented with facts and information by the San Bernardino Police Department to support the need for erihanced regulations for maintenance 13 provisions, clean-up provisions and noise control provisions in that such past concerts and entertainment events have resulted in crowd control and noise control problems, as well as clean-up 14 expenditures by the City; and 15 WHEREAS, the City of San Bernardino has for many years engaged in rigorous, firm, and effective policies and regulations relating to uses and activities that could have adverse impacts on 16 the continued stability and vitality of the residential and business areas of the City, and the regulations imposed by this Ordinance, are a continuation of and consistent with those long-standing 17 policies and regulations. 18 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 19 SECTION 1. Section 5.14.010 of the San Bernardino Municipal Code is hereby amended 20 in Subsections B and CI to now read as follows: 21 B. A "public dance", "dancing club", or "public dance hall" means and includes any place open to the public wherein or whereat the public may engage in dancing as a result of the entertainment provided, including places and dances where admission thereto is by membership or other special privilege. 22 23 24 25 26 27 28 C. "Entertainment" means: 1. Any act, play, review, pantomime, scene, dance act, song and dance act, concert, or gathering and playing ofband(s) and/or musical groups, performed by one or more persons, whether or not such person or persons are compensated for such performance, when the same is performed at a public dance hall, public dance, dancing club, dine and dance club or night club; or - SECTION 2. Section 5. 14.020 of the San Bernardino Municipal Code is hereby amended HTC[ORD.ENT] I ............ c - 22 23 24 25 26 27 28 I to now read in its entirety as follows: 2 3 4 5 6 7 5.14.020 License-Required It is unlawful for any person, firm, corporation or association of persons, to operate, conduct or carry on any act of entertainment, public dance hall, public dance, dancing club, dine and dance club or night club, as the same are defined in Section 5.14.010 without first obtaining a license to do so as provided in this Chapter. Notwithstanding the first sentence of this section, the requirements of this Chapter do not apply to not-for-profit Internal Revenue Code g50 I (c )(3) religious organizations, religious assemblies or institutions, or the religious exercise of a person, or to schools, school districts and/or institutions of higher learning. SECTION 3. Section 5.14.040 of the San Bernardino Municipal Code is hereby amended 8 in Subsection B to now read as follows: 9 10 11 12 13 14 15 16 17 18 19 20 B. A site plan describing the building and/or unit proposed for the entertainment establishment, a fully dimensioned interior floor plan, and the following information: 1. Entry Program n For each type of event, the entry program will describe how patrons will enter the entertainment establishment, including a map of the proposed waiting line, estimated length of time a waiting line will exist, security searches or identification verification at entrance, 2. Map Showing Parking And Loading Areas -- An area plan shall be submitted identifying parking areas to be used by customers, including the number of spaces available, and loading areas to be used by the entertainers, Security Company Staffing And Equipment -- For each type of event, the number of security guards, their responsibilities and equipment to be used, Maintenance Provisions -- For each type of event, the need and number of trash receptacles, crowd control barriers, and sanitation facilities, , Y. 4. 5. Clean-Up Provisions -- For each type of event, description of the need for and provision of area clean-up, and 6. Noise Control Provisions -- For each type of event, description of how the noise standards of this ordinance shall be met. 21 Section 4. Section 5.14.050 of the San Bernardino Municipal Code is hereby amended in Subsection B by amending 10 to now read as follows: 10. The City Clerk shall impose conditions prior to approval of an application which are deemed necessary by the Police Department, Development Services, and the Fire Department to insure compliance with the provisions of this Chapter or to protect the public health and safety. Such conditions shall be limited to the following: hours of operation, maximum occupancy, fire and life and public safety issues, fire suppression, exterior signage prohibiting loitering and littering, clean-up of premises, location of the business, amount and type of calls for police service in the area, exterior lighting, existence of public telephones and security guards. The conditions imposed shall include the posting of a bond or cash equivalent for the clean-up of premises, dependent upon the physical condition of past premises as a result of past entertainment events of applicant. HTC[ORD.ENT] 2 \........ AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 5.14.010,5.14.020,5.14.040 AND 5.14.050 OF CHAPTER 5.14 OF THE 2 SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT - DANCES AND ADULT ENTERTAINMENT 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a , 200 I, by the following vote, to wit: meeting thereof, held on the AYES NAYS ABSTAIN ABSENT City Clerk 18 19 20 21 22 23 The foregoing Ordinance is hereby approved this _ day of ,2001. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form 24 and legal content: 25 JAMES F. PENMAN City Attorney 26 ..... HTC[ORD.ENT] 3