HomeMy WebLinkAbout2006-07-19 STAFF REPORTS 3A QppLMSA�
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c4`'F°R .P CITY COUNCIL STAFF REPORT
DATE: July 19, 2006 LEGISLATIVE ITEM
SUBJECT: AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 11.40.015 TO,
AMENDING SUBSECTIONS 1.1.140, 11.40.010, 11.44.020,
11.44.030, 11.44.060, 11.44.080, 11.44.100, 11.68.010,
AND 11.68.135 OF, AND AMENDING SUBSECTIONS (A)
AND (H) OF SECTION 11.44.040 OF, THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO THE ADOPTION OF
ADDITIONAL REGULATORY PROVISIONS GOVERNING
THE USE OF PARKS, STREETS, AND PUBLIC AREAS.
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
RECOMMENDATION:
1. Waive reading of the Ordinance text and introduce by title only.
2. INTRODUCE ORDINANCE NO. , "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADDING SECTION 11.40.015 TO, AMENDING
SUBSECTIONS 1.1.140, 11.40.010, 11.44.020, 11.44.030, 11.44.060, 11.44.080,
11.44.100, 11.68.010, AND 11.68.135 OF, AND AMENDING SUBSECTIONS (A) AND
(H) OF SECTION 11.44.040 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING
TO THE ADOPTION OF ADDITIONAL REGULATORY PROVISIONS GOVERNING
THE USE OF PARKS, STREETS, AND PUBLIC AREAS.."
STAFF ANALYSIS:
The City has several ordinances that deal with inappropriate conduct in city
parks, streets, and public areas. In reviewing these ordinances, we have identified a
few gaps in coverage and areas that could be strengthened to ensure consistent and
fair application of the laws. The increase In certain activities associated with loitering in
the City's parks and streets, including camping in the parks and aggressive solicitation
ITEM NO. .�'
City Council Staff Report
July 19, 2006 -- Page 2
Ordinance Use of Parks, Streets, and Public Areas
throughout the City, has become extremely disturbing and disruptive to residents and
businesses, and has contributed not only to the loss of access to and enjoyment of
public places, but also to an enhanced sense of fear, intimidation, and disorder. Recent
activities in Sunrise Park, including criminal activities, have triggered a need to step up
law enforcement efforts to ensure that the park and its significant cultural and
recreational facilities and the residents that use these facilities are appropriately
protected.
The proposed ordinance addresses several issues. First of all, the ordinance
prohibits aggressive solicitation in the park and the streets. Aggressive solicitation
prohibited under this ordinance would include non-consensual contact, or actions that
are intended to cause fear of physical harm or cause intimidation. It also prohibits
solicitation that includes the use of obscene or abusive language or gestures.
The proposed ordinance also tightens up the current prohibition on camping in
the park by broadening the kinds of equipment that would be considered part of one's
camping gear, placing a clear prohibition on being in the park when the park is closed,
and providing a prohibition on storing personal property in public areas.
In order to address the imminent problems, the City Council adopted an urgency
ordinance at alst week's meeting. The urgency ordinance will expire on August 26. The
proposed ordinance is the "permanent" ordinance and if the Council introduces the
ordinance at its meeting of July 19, Staff will recommend the Council adopt (second
reading) the ordinance at the Council meeting of July 25 or 26. The permanent
ordinance would go into effect 30 days after adoption (August 26). Thus, there would
be no need to extend the urgency ordinance.
FISCAL IMPACT:
There should be no fiscal impact on the City. The adoption of the urgency ordinance
will help ensure that the City's police officers and code enforcement officers have
appropriate tools to effectively and efficiently maintain order and preserve the public
healthxla:
d welfare in the City's parks and public places.
Douglas Holland, City Attorney
David H. Ready, City Man rr- —
Attachment:
Proposed Ordinance
ORDINANCE NO.
ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 11.40.015 TO,
AMENDING SUBSECTIONS 1.1.140, 11.40.010, 11.44.020,
11.44.030, 11.44.060, 11.44.080, 11.44.100, 11.68.010,
AND 11.68.135 OF, AND AMENDING SUBSECTIONS (a)
AND (h) OF SECTION 11.44.040 OF, THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO THE ADOPTION OF
ADDITIONAL REGULATORY PROVISIONS GOVERNING
THE USE OF PARKS, STREETS, AND PUBLIC AREAS.
City Attorney's Summary
This ordinance prohibits aggressive solicitation in the park
and the streets. Aggressive solicitation prohibited under this
ordinance would include non-consensual contact, or actions
that are intended to cause fear of physical harm or cause
intimidation. It also prohibits solicitation that includes the
use of obscene or abusive language or gestures. This
ordinance also tightens up the current prohibition on
camping in the park by broadening the kinds of equipment
that would be considered part of one's camping gear, placing
a clear prohibition on being in the park when the park is
closed, and providing a prohibition on storing personal
property in public areas.
The City Council of the City of Palm Springs ordains:
SECTION 1. Section 1.1.140 of the Palm Springs Municipal Code is amended to read:
1.1.140 Violation — Misdemeanors; Infractions
A. It shall be unlawful for any person to violate any provision or to fail to comply with
any of the requirements of this Ordinance or the Palm Springs Municipal Code. Any
person violating any of the provisions or failing to comply with any of the mandatory
requirements of this Ordinance or the provisions of the Palm Springs Municipal Code
shall be guilty of a misdemeanor unless: (1) The violation is classified as an infraction in
the State Vehicle Code or the Palm Springs Municipal Code in which case the person
shall be guilty of an infraction; or (2) The City Attorney files a complaint charging the
offense as an infraction; or (3) A public: safety officer or an enforcement officer, as
defined in Chapter 1.06 of the Palm Springs Municipal Code issues a citation charging
the offense as an infraction.
SECTION 2. Section 11.40.010 is amended by amending the definition of"Camp" and
adding definitions for"Camp facilities," Camp paraphernalia," "Chief of Police," "City
Manager," "Park," "Public area," 'Public property," and "Street' to read:
"Camp" means to pitch or occupy camp facilities; to use camp paraphernalia.
"Camp facilities" include, but are not limited to, tents, huts, or temporary shelters of any
kind.
"Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping
bags, hammocks, or non-city designated cooking facilities and similar equipment.
"Chief of Police" means the Chief of Police of the City of Palm Springs or the designee
or designees of the Chief of Police.
"City Manager" means the City Manager of the City of Palm Springs or the designee or
designees of the City Manager.
"Park" means park and recreation areas as described in Chapter 11.44 of the Palm
Springs Municipal Code, including but not limited to playgrounds.
"Public area" means an area to which the public or a substantial group of persons has
access, and includes, but is not limited to, streets, parks, bridges, buildings, driveways,
parking lots, plazas, malls, walkways, and the doorways and entrances to public or
private buildings and the grounds enclosing them.
"Public property" means any property owned by or in the possession of the United
States, the State of California, or any political subdivision thereof, with the exception of
the City of Palm Springs.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping,
to place or leave in a location.
"Street" means any public street and rights-of-way, including sidewalks and parkways,
as defined in Section 14.16.010 of the Palm Springs Municipal Code.
:iECTION 3. Section 11.40.015 is added to the Palm Springs Municipal Code to read:
11.40.015 Camping and Storage of Personal Property on Streets, Parks, and
Public Areas
(a) Purpose.
The public streets, parks, and public areas within the city should be readily accessible
and available to residents and the public at large. The use of these areas for camping
purposes or storage of personal property interferes with the rights of others to use the
areas for which they were intended. The purpose of this section is to maintain public
streets and areas within the city in a clean and accessible condition.
(b) Unlawful Camping.
It. shall be unlawful for any person to camp, occupy camp facilities, or use camp
paraphernalia in or on any street, park, public parking lot, or public area, improved or
unimproved.
(c) Storage of Personal Property in Public Places.
(1) It shall be unlawful for any person to deposit or store any movable or
immovable object of any kind or character whatsoever, including but not limited to
camping facilities and camping paraphernalia, upon any street, park, public parking lot,
or public area, improved or unimproved. except as expressly authorized under the
provisions of the Palm Springs Municipal Code.
(2) Any object installed, placed, or deposited in violation of this subsection
shall be summarily removed by City personnel and turned over to the Chief of Police for
storage. The owner, if readily ascertainable, shall be promptly notified. Upon failure of
the owner to claim such object and pay the expenses of removal and storage within
thirty (30) days after removal, the object shall be deemed unclaimed property and shall
be disposed of in accordance with the provisions of Section 11.76.060 et.seq. of the
Palm Springs Municipal Code.
SECTION 4. Section 11.44.020 of the Palm Springs Municipal Code is amended to
read:
'11.44.020 Additional Enforcement Powers
(a) Power and authority is hereby given to the City Manager, in the City Manager's
discretion, to eject and expel from any park any person who shall violate any of the
provisions of Chapter 11.44 of the Palm Springs Municipal Code or any other law,
ordinance, or rule that may be in effect now or may hereafter be passed or adopted for
the regulation and government of parks or of public areas in general. In addition to the
ordinary powers of arrest or citation, any peace officer enforcing any such law or
regulation shall be authorized, in lieu of arresting or citing any violator, in such officer's
discretion, to so eject and expel such violator.
(b) No person being ejected or expelled pursuant to the authority of subsection (a)
shall refuse to leave as ordered, nor shall any person who has been so ejected or
expelled, return during the calendar day in which such person was ejected and for the
two calendar days immediately following thereon, to the same park, unless specifically
permitted to do so by the person who ejected him or by the City Manager.
SECTION 5. Section 11.44.030 of the Palm Springs Municipal Code is amended to
read:
11.44.030 Exclusion of Public from Specific Areas
(a) In an emergency or when the City Manager determines that the public safety, or
public health, or public morals, or public interest demands such action, any park,
square, avenue, grounds or recreation center or any part or portion thereof, may be
closed against the public and all persons may be excluded therefrom until such
emergency or other reason upon which such determination of the City Manager is
based has ceased, and upon the cessation thereof the park, square, avenue, grounds
or recreation center or part or portion thereof so closed shall again be reopened to the
public by order of the City Manager.
(b) No person having knowledge of or having been advised of any closure order
issued pursuant to subsection (a) of this section, or where a sign or signs have been
posted in accordance with this section, shall refuse or fail immediately to remove
himself from the area or place so closed, and no such person shall enter or remain
within any such area or place known by him to be so closed, until such area or place
has been reopened to the public by order of proper authority.
{c) Signs posted as provided in this section shall conform to the following
requirements:
1) Each sign shall not be less than eighteen (18) inches by twenty-four (24)
tlnches;
(2) Colors of such signs shall be optional;
(3) All signs shall be clearly visible to persons in restricted locations;
(4) Signs shall have the word "WARNING" not less than two (2) inches in
height, and all other lettering shall be at least five-eighths ( 5/8) inches in height;
(5) Signs shall be posted every one hundred (100) feet; and
(6) The following wording shall appear on each sign:
"WARNING
'This Area is Closed to the Public by Order of the City Manager. Standing, sitting, lying,
or moving on or through this Area is prohibited and punishable as a misdemeanor.
PSMC Section 11.44.030"
SECTION 6. Subsection (a) of Section 11.44.040 of the Palm Springs Municipal Code
is amended to read:
(a) No person, where a sign has been posted in accordance with subsection (h),
shall hold, conduct, participate in, attend or address any meeting, organized gathering
or assemblage, group picnic, celebration, parade, service or exercise, of six or more
persons, in any park or recreation area without a written permit granted by the city
manager as provided in Section 11.44.040 of the Palm Springs Municipal Code.
SECTION 7. Subsection (h) is added to Section 11.44.040 to read:
(h) Signs posted as provided in this section shall conform to the following
requirements:
(1) Each sign shall not be less than eighteen (18) inches by twenty-four (24)
inches;
(2) Colors of such signs shall be optional;
(3) All signs shall be clearly visible to persons in restricted locations;
(4) Signs shall have the word "WARNING" not less than two (2) inches in
height, and all other lettering shall be at least five-eighths ( 5/8) inches in
height;
(5) Signs shall be posted every one hundred (100) feet; and
(6) The following wording shall appear on each sign:
"WARNING
Permit Required for Use by Six or More Persons
Violation is a Misdemeanor
PSMC Section 11.44.040"
SECTION 8. Section 11.44.060 of the Palm Springs Municipal Code is amended by
amending subsections (1), (9), (10), and (20), and adding subsections (27), (28), (29),
and (30) to read:
(1) Hitch, fasten, lead, drive, or let loose any animal or fowl of any kind.
(9) No person starting or maintaining any fire in a park shall leave the area where
the fire is located without first completely extinguishing such fire.
(10) No person in a park shall conduct or participate in any picnic, or prepare or serve
any food, except in an area designated by the City Manager for such purpose.
(20) As a general rule, parks shall be open to the public every day of the year
between dawn and 10:00 pm. The City Manager may, in the City Manager's reasonable
discretion, extend or limit such hours for any park or a portion of any park. No person
shall enter, be, or remain in any park during the time when such park is closed, unless
he or she has obtained a permit therefore from the City Manager. Park closing hours
shall be posted at park entrances.
(27) No intoxicated person shall enter, be, or remain in any park.
(28) No person shall willfully mark, deface, or injure in any manner, or displace or
remove, or tamper with any park property of any kind, including but not limited to any
park sign.
(29) No person in a park shall operate a device producing amplified sound except
pursuant to a permit approved by the City Manager.
(30) No person in a park shall disobey any sign or notice posted or displayed by or at
the direction of the City Manager.
SECTION 9. Section 11.44.080 of the Palm Springs Municipal Code is amended to
read:
11.44.080 Loitering, Obstructing Passage; Signs
(a) No person, after first being warned by a law enforcement officer, or where a sign
or signs have been posted in accordance with this section, shall loiter, stand, sit, or lie in
or upon any public street, park, or public area so as to hinder, inconvenience, or
obstruct the free passage of pedestrians or vehicles thereon; nor shall any person
block, obstruct or prevent the free access to the entrance of any building open to the
public.
(b) Signs posted as provided in this section shall conform to the following
requirements:
(1) Each sign shall not be less than eighteen (18) inches by twenty-four (24)
inches;
(2) Colors of such signs shall be optional;
(3) All signs shall be clearly visible to persons in restricted locations;
(4) Signs shall have the word "WARNING" not less than two (2) inches in
height, and all other lettering shall be at least five-eighths ( 5/8) inches in height;
(5) Signs shall be posted every one hundred (100) feet; and
(6) The following wording shall appear on each sign:
"WARNING
Unreasonable obstruction of pedestrian traffic in this area by persons loitering, standing,
sitting, or lying is prohibited and punishable as a misdemeanor.
PSMC Section 11.44.080"
SECTION 10 Section 11.44.100 of the Palm Springs Municipal Code is amended to
read:
11.44.100 Dogs in Parks and Recreation Areas
No person owning or having the control or care of any dog shall bring such dog (except
a Seeing Eye dog leading a blind person) into or upon a public park or recreation area;
nor shall any such person otherwise suffer or permit such dog to enter or remain in a
park, nor shall any such person otherwise suffer or permit such dog to enter or remain
in a public park or recreation area. This subsection shall not apply to the Palm Springs
Dog Park.
SECTION 11. Section 11.68.010 is amended by adding the following as definitions to
read:
"Aggressive manner" means and includes:
(A) Intentionally or recklessly making any physical contact with or touching
another person in the course of the solicitation without the person's
consent;
(B) Following the person being solicited, if that conduct is: (i) intended to or is
likely to cause a reasonable person to fear imminent bodily harm or the
commission of a criminal act upon property in the person's possession; or
(ii) is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation;
(C) Continuing to solicit within five (5) feet of the person being solicited after
the person has made a negative response, if continuing the solicitation is:
(i) intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
(ii) is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation;
(D) Intentionally or recklessly blocking the safe or free passage of the person
being solicited or requiring the person, or the driver of a vehicle, to take
evasive action to avoid physical contact with the person making the
solicitation.
(E) Intentionally or recklessly using obscene or abusive language or gestures:
(i) intended to or likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
(ii) words intended to or reasonably likely to intimidate the person into
responding affirmatively to the solicitation; or
(F) Approaching the person being solicited in a manner that;
(i) is intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
(ii) is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation.
"Solicit" means to request an immediate donation of money or other thing of value from
another person, regardless of the solicitor's purpose or intended use of the money or
other thing of value. The solicitation may be, without limitation, by the spoken, written,
or printed word, or by other means of communication.
SECTION 12. Section 11.68.135 is added to the Palm Springs Municipal Code to read:
11.68.135 Aggressive Solicitation
It shall be unlawful for any person to solicit money or other things of value, or to
solicit the sale of goods or services:
(1) In an aggressive manner in a public area;
(2) In any public transportation vehicle, or bus station or stop;
(3) Within fifteen (15) feet of any entrance or exit of any bank or check
cashing businesses or within fifteen (15) feet of any automated teller machine during the
hours of operation of such bank, automated teller machine or check cashing business
without the consent of the owner or other person legally in possession of such facilities.
Provided, however, that when an automated teller machine is located within an
automated teller machine facility, such distance shall be measured from the entrance or
exit of the automated teller machine facility;
(A) On private property if the owner, tenant, or lawful occupant has asked the
Person not to solicit on the property, or has posted a sign clearly indicating that
solicitations are not welcome on the property; or
(5) From any operator of a motor vehicle that is in traffic on a public street,
whether in exchange for cleaning the vehicle's windows, or for blocking, occupying, or
reserving a public parking space, or directing the occupant to a public parking space;
provided, however, that this paragraph shall not apply to services rendered in
connection with emergency repairs requested by the operator or passengers of such
vehicle.
SECTION 13. The City Council declares that, should any provision, section, paragraph,
sentence, or word of this ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, section, paragraphs, sentences or words of this ordinance shall
remain in full force and effect.
SECTION 14. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED AND ADOPTED THIS DAY OF 2006.
AYES:
NOES:
ABSTAIN:
ABSENT:
RON ODEN, MAYOR
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney