Loading...
HomeMy WebLinkAbout1998-07-27 City CouncilCity of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: CITY MANAGER DATE:JULY 27, 1998 CMR: 197:98 SUBJECT:ADOPTION OF REGULATIONS RE PUBLIC USE OF CITY LIBRARIES AND COMMUNITY CENTERS This is an information report and no Council action is required. BACKGROUND On September 4, 1997, the City Council amended Palo Alto Municipal Code Section 2.08.050 to enable the City Manager to’prescribe and enforce regulations for entry into or use by members of the public of any City real property, building, structure, or other facility. An interdepartmental Building Regulations Committee was created by the City Manager in August 1997. The charge of this committee was to develop regulations for the use of City facilities by the public. These regulations were deemed necessary since facilities were at times being used by some members of the public in ways that interfered with the missions and functions of City programs and services, resulting in complaints from the public at large. Without a set of defined and enforceable regulations, City staffhas not been well-equipped to respond to these complaints~ and work with facility patrons to enc6urage appropriate conduct and use of City buildings. The Building Regulations Committee identified the following facilities as being most in need of regulations: libraries, community centers and the Civic Center. This staffreport transmits regulations for public use of the libraries and community centers (which include community and art centers, theaters and interpretive buildings) for the Council’s information. Staffplans to discuss Civic Center regulations - which are more complexin nature given the range of functions of the Civic Center offices, lobby, Council Chambers, garage and plaza -with the Policy and Services Committee toward the end of the year, prior to implementation. Input will also be sought from the Human Relations Commission (HRC). DISCUSSION Library_ Regulations The mission of the Palo Alto libraries is to enable people to explore library resources to CMR:197:98 Page 1 of 3 enrich their lives with knowledge, information and enjoyment. In order to further this mission, Staff endeavors to provide a safe, attractive, friendly and appropriate environment in which all patrons can share library spaces and collections to reap the benefits of library services. Library staff has identified a number of inappropriate behaviors on the part of some library patrons that have interfered with the libraries’ mission. These behaviors have included such things as rearranging furniture or equipment settings, eating, sleeping, bringing in bicycles, monopolizing library print material and electronic equipment and directing intimidating comments at other patrons and/or library staff. Without regulations, library staff has found it time consuming and difficult to effectively address such inappropriate conduct. Library staff contacted other public libraries to determine whether they had faced similar issues and, if so, how those issues had been addressed through regulations. Library staff drew upon this research and its own experiences to develop regulations, which were then reviewed and revised by the Building Regulations Committee and the City Attorney’s Office (see Attachment 1). A draft set of the library regulations was presented to the HRC in May 1998. HRC members expressed an interest in ensuring that the regulations did not unnecessarily limit access to the libraries or target specific groups. Staff stated that the City’s intent in creating the regulations was to maximize the general public’s use and enjoyment of the libraries and only regulate those behaviors which present real problems. Such problems have been increasing and the proposed regulations represent a formalization of, and increased support for, approaches which have been developed over time and proven to be effective. Staff further explained that the Attorney’s Office had considered the legal issues of adopting such regulations carefully to ensure that they did not unfairly deny access to public facilities. Based on the HRC’s feedback, the library regulations were amended and several of the group’s suggestions were incorporated. Community. Center Regulations Staff in the community and art centers, theaters and interpretive buildings were polled regarding problematic behaviors that diminished use and enjoyment by the public at large of the City’s recreation, art, science, theater and cultural services. Staff identified many of the same issues as those affecting the libraries. Consequently, draft regulations developed for the libraries were revised to be applicable to community centers (see Attachment 2). ~ Implementation of Re_malations Regulations will enable City staffto communicate with the public in a clear and consistent manner regarding prohibited conduct. The intent is to provide patrons and visitors with the .information and opportunity to cease inappropriate conduct and continue to enjoy the use of City libraries and community centers. When users of libraries and community centers do not bring their conduct into accordance with regulations after first being warned, the remedy of removal from the facilities covered by these regulations exists. A procedure has been developed whereby a patron or visitor who is asked to leave a facility will be afforded due CMR: 197:98 Page 2 of 3 process to contest this decision if they feel it to be unfair. Although conduct addressed in the regulations may be independently punishable as a crime under Federal or State law, the regulations are civil rather than criminal in nature. The library and community center regulations provide the administrative grounds for staffto ask a patron to leave if he or she has been informed of the regulations and asked to comply, but has failed to do so. Patrons will not be criminally prosecuted for noncompliance with the regulations. However, if an expulsion decision has been made and upheld, and a patron refuses to leave, criminal trespass charges can be brought. The regulations do not cover all prohibited behaviors, such as smoking, that are already covered by ordinance or statute. Materials will be developed to inform the public about the new regulations and train city staff regarding their implementation so that they can be communicated and enforced in a manner that is customer service oriented, rather than bureaucratic. It is also important to note that the regulations will be enforced in such a way that does not violate the fights of people with disabilities protected by the Americans with Disabilities Act (ADA). RESOURCE IMPACT There is no resource impact associated with the adoption of regulations for public use of City libraries and community centers. POLICY IMPLICATIONS With adoption of these library and community center regulations, it will become City policy to define and enforce certain standards of behavior in City facilities in order to ensure appropriate use and enjoyment of these facilities for the public at large. ATTACHMENTS Attachment 1 - Regulation of the City of Palo Alto Regarding Prohibited Conduct in the Public Libraries Attachment 2 - Regulation of the City of Palo Alto Regarding Prohibited Conduct in City Community and Art Centers, Theaters and Interpretive Centers PREPARED BY: Audrey Seymour, Senior Executive Assistant CITY MANAGER APPROVAL: cc: CMR: 197:98 Assistant City Manager Human Relations Commission Page 3 of 3 Attachment I REGULATION OF THE CITY OF PALO ALTO REGARDING PROHIBITED CONDUCT IN THE PUBLIC LIBRARIES As authorized by Palo Alto Municipal Code section 2.08.050, the following regulation is adopted, to be effective fifteen days following submission to Council made the date stated below. In order to preserve and provide public access to City of Palo Alto library services, the following conduct is considered to interfere with those services and may be grounds for removal from and denial of access to the libraries. Viol~tion of these library regulations will not be considered a violation of municipal law subject to criminal penalties, although the conduct may independently be punishable as a crime under federal or state law. i. No person shall enter or remain in the libraries after posted closing hours other than authorized City staff or other persons specifically authorized by City staff to enter or remain in the libraries to assist City staff or to attend special event functions sponsored or authorized by City staff. 2. No person shall enter areas of the libraries posted for use by City staff only, other than authorized City staff or other persons specifically authorized by City staff to enter or remain in those areas of the libraries to assist City staff or to attend special event functions sponsored or authorized by City staff. 3. No person shall obstruct library entrances or exits or aisles or program areas in any manner which impedes or restricts public access or presents a safety hazard. This restriction shall not apply to City staff or contractors utilizing library entrances or exits or aisles for maintenance or repair or for loading or unloading of materials. 4. No person shall bring a bicycle, tricycle, or similar wheeled conveyance into the public areas of the libraries or leave such conveyances at the entrances or exits of the libraries in a manner which impedes or restricts public access .or presents a safety hazard. This restriction shall not apply to persons utilizing wheelchairs or similar medically-required devices within the libraries. This restriction also shall not apply to persons utilizing children’s strollers or similar conveyances when necessary to transport young children into and within the libraries provided they are utilized or left in a manner or location which does not restrict public access to library entrances, exits, aisles, or program areas. 5. Noperson shall bring any animal into the libraries other than service animals assisting individuals with disabilities or animals under the control of a police officer or an animal handler authorized by City staff to attend a special event conducted in the libraries. 6. No person shall use library restrooms for bathing !except for washing of hands and face) or washing or drying of’clothes or utensils. No person shall use library restrooms or public areas of library buildings for meal or food preparation. 7. No person shall camp on library premises. Camping means the use of any portion of library premises for living accommodation purposes. 8. Anyone who repeatedly occupies library buildings while sleeping in excess of thirty minutes after being requested not to do so will be considered to intend to use the library for sleeping purposes. No person other than children under the age of four years shall use library buildings primarily for sleeping purposes as this may unreasonably interfere with the use of library services by other patrons or City staff and is not allowed. 9. No person shall engage in running, riding skateboards or roller skates, or loud or boisterous conduct in library buildings or enclosed courtyards. No person shall engage in loud or boisterous conduct on library premises sufficiently close to library buildings or enclosed courtyards ~so as to interfere with the use of the library by patrons or City staff. I0. No person shall use sound generating or amplifying devices within the libraries or on library premises in any manner which interferes with the use of library services by~ other patrons or library staff. Sound generating or amplification devices employed by City staff or Utilized by .persons with the authorization of City staff to assist City ~staff for special events at the libraries are exempt from this prohibition. II. No person shall engage in threatening or intimidating language or conduct directed at library patrons or City staff on library premises in any manner which interferes with the use of library services by other patrons or City staff. 12. No person shall enter into or remain within library buildings emitting odors (including bodily odors, perfumes, etc.) which unreasonably interfere with the use of library services by other patrons or City staff. 13. No person shall move, alter, or rearrange library furniture or equipment for their own personal use (other than for medically-required purposes) without the authorization of City library s~aff. No person shall alter the configuration or settings of library electronic equipment without the authorization of City library staff. 14. No person shall eat food or drink liquids (except water in enclosed.~ containers) in public areas of the library buildings Other than at special events authorized by library staff. 15. No person shall utilize library electronic equipment in excess of posted duration limits if other library patrons or City staff are waiting to use that equipment. 16. No person shall utilize library print material within the library buildings or enclosed courtyards in excess of posted duration limits if other library patrons or City staff are waiting to use that material. 17. No person shall solicit funds or donations from library patrons or library staff within the library buildings or enclosed courtyards other than through posting of solicitation information on areas specifically provided and posted for that purpose by library staff; library support organizations may conduct charitable solicitations for library purposes in locations and at times authorized by library staff. 18. No person shall sell, offer to sell, or display for the purpose of sale any commercial product, service, or device within the libraries or on library premises other than through .posting of information on areas specifically provided and posted for that purpose by library staff; library support organizations may conduct commercial transactions supporting library purposes in locations and at times authorized by library staff. Dated: July 27, 1998 City Manager AUDREY SEYMOUR To:mayfield; maryjo levy; bettsSubject:edits 2 Based on comments from Mary Jo and Bill and further discussions with June and Emily, the language below has been settled on. 8. Anyone who repeatedly occupies library buildings while sleeping in excess of thirty minutes after being requested not to do so will be considered to intend to use the library for sleeping purposes. No person other than children under the age of four years shall use library buildings primarily for sleeping purposes as this may unreasonably interfere with the use of library services by other patrons or City staffand is not allowed. 12. No person shall enter into or remain within library buildings emitting odors (including bodily odors, perfumes,etc.) which unreasonably interfere with the use of library services by other patrons or City staff. Page 1 Attachment 2 REGULATION OF THE CITY OF PALO ALTO REGARDING PROHIBITED CONDUCT IN COMMUNITY AND ART CENTER,THEATER AND INTERPRETIVE BUILDINGS As authorized by Palo Alto Municipal Code section 2.08.050, the following regulation is adopted, to be effective fifteen days following submission to Council made the date stated below. In order to preserve and provide public access to City of Palo Alto recreation, art, science, theater, and cultural services provided at City community and art centers, theaters and interpretive buildings, the following conduct which interferes with those services is prohibited and may be grounds for removal from and denial of access to City community and art centers, theaters and interpretive centers. Violation of these regulations will not be considered a violation of municipal law subject to criminal penalties, although the conduct may independently be punishable as a crime under federal or state law. Con~nunity and art Centers, theaters and interpretive centers (hereafter referred to as "covered facilities") are defined to include all buildings of the Lucie Stern Community Center, Children’s Theatre, Community Theatre, Junior Museum, Mitchell Park Community Center and Field House, Terman Community Center, Art Center, Peers Park Field House, Lucy Evan Baylands Nature Interpretive Center, and Foothills Park Interpretive- Center. ~Covered facilities" also include those public buildings of the Cubberley Community Center except those rooms which are governed by the terms of individual lease agreements for exclusive use. i. No person shall enter or remain in the "covered facilities" after posted closing hours other than authorized City staff or other persons specifically authorized by City staff to enter or remain in the facilities to assist City staff or to attend special event functions sponsored or authorized by City staff. 2. No person shall enter areas of the "covered facilities"’ posted for use by City staff only other than authorized City staff or other persons specifically authorized by City staff to enter or remain in those areas of the "covered facilities" ~to assist City staff or to attend special event functions sponsored or authorized by City staff. 3.No person shall obstruct "covered facilities" entrances or exits, aisles or program areas in any manner which impedes or restricts public access or presents a safety hazard. This restriction shall not apply to City staff or contractors utilizing building entrances, exits, or aisles for maintenance or repair or for loading or unloading of materials. 4. No person shall bring a bicycle, tricycle or similar wheeled conveyance into the public areas of the "covered facilities"~or leave such devices at the entrances or exits of the buildings in a manner which impedes or restricts public access or presents a safety hazard. This restriction shall not apply to persons utilizing wheelchairs or similar medically- required devices within the buildings. "Covered facilities" patrons may use-children’s strollers or similar conveyances when necessary to transport young children into and within the buildings provided they are used in a manner or location that does not restrict public achess to building entrances, exits, aisles or program areas. 5. No person shall bring any animal into the "covered facilities" other than service animals assisting individuals with disabilities or animals under the control of a ~police officer, animal handler or performer authorized by City staff to attend a special event conducted in the "covered facilities." 6. No person shall use "covered facilities" restrooms (excluding shower rooms or locker rooms expressly provided for this purpose) for bathing (except for washing of hands and face)or washing or drying of clothes or utensils. No person shall use "covered facilities" restrooms or public areas for meal or food preparation. 7. No person shall engage in running, riding skateboards, roller skates or coasting devices, or loud or boisterous conduct in "covered facilities." No person shall engage in loud or boisterous conduct on "covered facilities" premises sufficiently close to "covered facilities" buildings as to interfere with the use of the facilities by patrons, visitors or City staff. 8. No person shall engage in threatening or intimidating language or conduct directed at patrons, visitors or staff on ~covered facilities" premises in any manner which interferes~ ~with the use oZ facilities by other patrons, visitors or City staff. 9. No person shall enter into or remain within "covered facilities" while emitting odors (including bodily odors, perfumes, etc.) which unreasonably interfere with the use of the facilities’ services by other patrons, visitors or City staff. I0. No person shall move, alter or rearrange ~covered facilities" furniture or equipment, including altering the configuration or settings of computer equipment or programs, for their personal use (other than for medically required purposes) without the authorization of "covered facilities" staff. Ii. No person shall eat food or drink liquids (except water in enclosed containers or medically required food or beverage) in public areas of the "covered facilities" other than at special events~ or in designated dining areas authorized by staff. Food or beverage of any type is strictly prohibited in theatre auditoriums. Use of food and beverage in meeting rooms and other rented areas within ~covered facilities" will be regulated by the terms of the facility use agreement. 12. No person shall solicit funds or donations from patrons, visitors, or staff within the ~covered facilities" other than through posting of solicitation information on areas specifically provided and posted fo~ that purpose by City staff. Specifically designated and authorized support organizations working on behalf of "covered facilities" may conduct charitable solicitations in locations and at times authorized by City staff. This regulation shall not apply to Cubberley Community Center+ tenants. 13. No person shall sell, offer to Sell, or display for the purpose of sale any commercial product, service, or device within the "covered facilities" or upon those premises other than through posting of information on areas specifically provided and posted for that purpose by City staff, or at events authorized by a facility use agreement or City staff. Specifically designated and authorized support organizations working on behalf of ~covered facilities" may conduct commercial transactions supporting City purposes in locations and at times authorized by City staff. This regulation shall not apply to Cubberley Community Center tenants. 14. No person shall camp on "covered facilities" premises. Camping means the use of any portion of "covered facilities" ¯ premises for living accommodation purposes. 15. Anyone who repeatedly occupies "covered facility" buildings while sleeping in excess of thirty minutes after being requested not to do so will be considered to intend to use the "covered facility" for sleeping purposes. No person other than children under the age of four years shall use "covered facil’ity" buildings primarily for sleeping purposes as this may unreasonably interfere with the use of "covered facility" services by other patrons or City staff and is not allowed. Dated:July 27, 1998 City Manager