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Home My WebLink About1997-05-05 City Council (17)City of Palo Alto¯ City Manager’s Report TO:HONORABLE CITY COUNCIL FROM: AGENDA DATE: SUBJECT: CITY MANAGER DEPARTMENT: Police May 5, 1997 CMR: 233:97 Amendment to Chapter 22.04 of the Municipal Code Prohibiting Consumption of Alcohol at Timothy Hopkins, Scott and Robles Parks REQUEST ¯ This report provides a summary of the incidents and actions related to consumption of alcohol at Timothy Hopkins, Scott and Robles Parks that have required police intervention and requests that Council adopt an ordinance amending Chapter 22.04 of the Palo Alto Municipal Code to prohibit the consumption of alcoholic beverages in Timothy Hopkins, Scott and Robles Parks. RECOMMENDATIONS Staff recommends that Council adopt the attached ordinance amending Palo Alto Municipal Code 22,04, prohibiting alcohol consumption at Timothy Hopkins, Scott and Robles Parks. POLICY IMPLICATIONS This ordinance is consistent with established policy prohibiting alcohol consumption at certain designated parks. EXECUTIVE SUMMARY Over the past year, members of the neighborhoods adjacent to Timothy Hopkins, Scottand Robles Parks and police officers have reported an increase ~ the number of alcohol-related incidents, Individuals frequently consume alcohol for prolonged periods of time and. create various disturbances. Disturbances inehde vandalism, ~ in public, fighting, loud noise, and intimidating behavior. Because of a lack ofrestroom facilities at these three parks, neighbors advise that they witness these same individuals ot~en relieving themselves within view of the public. There havealso been occasions when individuals have completely disrobed to wash in the public drinking fountains. Both Robles and Scott Parks are surrounded by residential areas that are frequented on a daily basis by mothers and small children. Timothy Hopkins Park is unique because of its size, and because it runs along the San Franeisquito Creek and faces both residents from Menlo Park and Palo Alto. CMR:233:97 Page l of 3 Since receiving complaints from neighbors regarding the problems in these parks, police officers have provided increased attention to them and have enforced existing laws and regulations when applicable. Community Services Department staffhave posted new signs at Robles and Scott Parks indicating the park hours and regulations. Based upon information from officers and the residents, other criminal activities such as smoking bong pipes and urinating in public have taken place. Because these are misdemeanor offenses, they must be committed in the presence of a police officer or a witness citizen must make a citizen’s arrest in order for enforcement action to be taken. However, due to incidents of threatening behavior, many residents have been hesitant to make arrests for fear of retribution by the offenders. Staff has met with residents of all three parks concerning the increased negative activities that have occurred over the past year. There have also been on-going communications with residents of Menlo Park concerning their grievances about the increase in negative activity at Hopkins Park. A number of families with children would like-to frequent the parks both during day and nighttime hours, but because of the current situation involving alcohol consumption and its related negative influence, they are reluctant to do so. All the residents staff contacted regarding all three parks strongly support a prohibition of alcohol.. Incidents in Other Parks - Currently, ’ the Palo Alto Municipal Code prohibits alcohol consumptionat the following City parks: Cogswell Plaza, Lytton Plaza, Edith Eugenic Johnson Park, Boulware Park and John Lucas Greer Park. Alcohol may be consumed at Rineonada and Mitchell Parks with a permit issued by Community Services. Calls for services in parks similar to Robles and Scott Parks - Briones, Eleanor, Hoover and Ramos - were few in number during this past year and few if any have been related to alcohol consumption. The situations that have occurred at Scott, Robles and Hopkins Parks are similar to those which have occurred at several other City parks throughout the past several years. In October 1995, Boulware park experienced an increasein the number of alcohol-related incidents that resulted in numerous complaints by the residents living around the park. As a result, Council adopted an ordinance that prohibited the consumptionof alcoholic beverages at that location. While the enforcement of this ordinance has not completely eliminated the problem, it did provide enough of an enforcement tool to significantly reduce the calls for service and the associated problems. From April to October 1995, there were 22 calls for service at Boulware Park that were alcohol- related. In the 18 months since the ordinance became effective, there have only been 14 calls for service. Staff believes that an ordinance prohibiting alcoholic beverage consumption at Scott Park, Robles Park and Timothy Hopkins Park will have similar results. It should also be CMR:233:97 Page 2 of 3 noted that Business and Professions Code Section 25620 prohibits possession of an open container in any park designated by local ordinance prohibiting consumption, thus giving police officers the ability to move quickly and take enforcement action. There has been. discussion from time to time about prohibiting consumption of alcohol at all City. parks. Staffhas not received complaints at other locations and, as a result, believes each park should be reviewed on a case-by-case basis. FISCAL IMPACT There is no fiscal impact. ENVIRONMENTAL ASSESSMENT There are no associated environmental issues. .-- T:-C :Ei- ._ Amendment to Chapter 22.04, Municipal Code. PREPARED BY:Kathleen McKenna, Capta~--~ Lyrme Johnson, Assi~dlj~e Chief CITY MANAGER APPROVAL: CC:Barton Park Homeowners Association Downtown North Homeowners Association Residents adjacent to Scott and Robles Parks Roger Craig CMR:233:97 Page 3 of 3 ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 22 . 04 [PARK AND RECREATION BUILDING USE AND REGULATIONS] OF THE PALO ALTO MUNICIPAL CODE TO PROHIBIT CONSUMPTION OF ~ALCOHOLIC~ BEVERAGES IN TIMOTHY HOPKINS CREEKSIDE PARK, SCOTT STREET MINIPARK, AND .DON SECONDINO ROBLES PARK The Council of the City .of Palo Alto does ORDAIN as follows: SECTION i. Section 22.04.334 is hereby added to Chapter 22.04 of the Palo Alto Municipal Code to read as follows: 22.04-.334 Scott Street Minipark--Consumptlon of alcoholic beverages prohibited without a permit., (a) It shalI be unlawful for any person to consume any alcoholic beverage in that park known as Scott Street Minipark. (b) Any person who violates this section is guilty of an infraction, and upon conviction thereof shall be punished as provided in section 1.08.010 of this. code. Each violation constitutes a separate offense and may be separately punished. SECTION 2. Section 22.04.338 is hereby added to Chapter 22.04 of the Palo Alto Municipal Code to read as follows: 22.04.338 Don Secondlno Robles Park -- Consumption of alcoholic beverages prohibited without a permit. (a) It shall be unlawful for any person to consume any alcoholic beverage in that park known as Don Secondino Robles Park. (b) Any person who violates this section is guilty of an infraction and upon conviction ~thereof shall be punished as providedin section 1.08.010 of this code. Each violation constitutes a iseparate offenseandmay be separately punished. SECTION 3. Section 22.04.339 is hereby added to Chapter 22.04 of the.Palo Alto Municipal Code to read as follows: 970423 ~n 0042965 22.04.3.39 Timothy Hopkins Creekside Park -- Consumption of alcoholic beverages prohibited withouta permit. (a) It shall be unlawful for any person to consume any alcoholic beverage in that park known as Timothy Hopkins Creekside Park. (b) Any person’ who violates this section is guilty of an infraction and upon conviction thereof shall be punished as provided in section 1.08.010 of this code. Each violation constitutes a separate offense and may be separately punished. SECTION 4. The City Council hereby finds that this ordinance is not a project for purposes of the California Environ- mental Quality Act. SECTION 5. This ordinance shall become effective upon the commencement of the thirty-first day after the date of its passage. I~fRODUCED: PASSED: AYES : NOES : ABSTENTIONS : ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Director of Community Services Police Chief 970423 syn 0042965