HomeMy WebLinkAbout1999-02-08 City Council (5)City of Palo Alto
C ty Manager’s Report
7
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE:FEBRUARY 8, 1998 CMR: 122:99
SUBJECT:AMENDMENT TO SECTION 22.04 OF THE PALO ALTO
MErNICIPAL CODE (PARKS) TO DEFINE THE DUTIES AND
AUTHORITY OF PARK RANGERS AND SENIOR PARK
RANGERS
REPORT IN BRIEF
Title 22, Section 22.04 of the Palo Alto Municipal Code does not adequately define the
enforcement authority of park rangers or senior park rangers. This report .transmits an
ordinance to Council that will define the criminal penalties of violation of park ordinances,
and authorize rangers and senior park rangers to’ issue citations for-violation of these
ordinances.
CMR: 122:99 Page 1 of 3
RECOMMENDATION
Staff recommends that Council adopt the attached ordinance authorizing park rangers and
senior rangers to enforce Title 22 of the Palo Alto Municipal Code (PANIC), which pertains
to conduct and activities in parks and open space areas, through the issuance of citations,
pursuant to Section 836.5 of the California Penal Code.
BACKGROUND
The job descriptions of park ranger and senior park ranger were extensively revised in J~uly
1998 to reflect the current scope of their duties. Because the PAMC does not define the
duties and responsibilitie, s of these positions, there has been ambiguity about the authority
of rangers to enforce municipal ordinances and issue citations.
DISCUSSION
Park rangers, including senior park rangers, are chiefly responsible for enforcing park rules
outlined in Title 22 of the PANIC. The most commonly encountered violations of this Title
pertain to the control of pet dogs, loud noises in City parks, illegal entry into Foothills Park,
capture or molesting of wildlife, improper use of barbeques or unsafe fires, drinking in
public, and parking of vehicles. While rangers and senior rangers have done their best to
enforce park rules, the purpose of this ordinance is to give them actual enforcement authority
to issue citations for violations.
Although under the Penal Code park rangers can be designated by a local agency as peace
officers with wide-ranging authority to make arrests and enforce all laws of the Penal Code,
local agencies can also designate park rangers as "public officers," with more limited law
enforcement authority. Public officers can be authorized to enforce some State statutes~ as
-deemed appropriate by the local agency. Designating park rangers as public officers will
mean that offenders could not be unduly detained or held without police assistance.
Under provisions of Penal Code 836.5, a park ranger designated as a public officer may
"arrest" persons without a warrant where: (1) the arrest is authorized by ordinance, (2) the
person making the arrest has reasonable cause to believe the offender has committed a
misdemeanor in his or her presence, and (3) the offense is a violation of a statute or
ordinance which the officer or employee has a duty to enforce. In all cases if the "arrested"
person does not demand to be taken before a magistrate, the arresting ranger shall issue a
citation and release the person, "pursuant to the procedures in Penal Code Chapter 5C,
commencing with section 853.6."
RESOURCE IMPACT
This amendment of the PAMC will not change the scope of typical duties or the number of
park rangers or senior park rangers, and as such, will not have any resource impacts.
CMR: 122:99 Page 2 of 3
POLICY IMPLICATIONS
This recommendation is consistent with existing City policies.
TIMELINE
With approval of the attached ordinances on February 8, 1999, these ordinances will go into
effect in thirty days.
ENVIRONMENTAL REVIEW
This program is not a project as defined by the California Environmental Quality Act
(CEQA) and is not subject to CEQA requirements.
ATTACHMENTS
Ordinance
PREPARED BY: Greg Betts, Superintendent, Open Space & Science
DEPARTMENT HEADREVIEW:~
PAUL THILTGEN
Director, Community Services
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
CMR: 122:99 Page 3 of 3
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
ADDING SECTION 22.04.035 TO TITLE 22 (PARKS) OF
THE PALO ALTO MUNICIPAL CODE TO AUTHORIZE
ENFORCEMENT BY PARK RANGERS’
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION I$ Section 22.04.035 is hereby added to Chapter
22.04 (Park and Recreation Building Use and Regulations) of Title
22 .(Parks) of the Palo Alto Municipal Code to read as follows:
22.04.035 Enforcement.
(a) Criminal penalties. As provided in Chapter 1.08 of
Title 1 of this code, violations of the provisions of this chapter
shall be subject to criminal penalties. The following designated
employee positions may enforce the provisions of this chapter by
the issuance of citations. Persons employed in such positions are
authorized to exercise the authority provided in Penal Code Section
836.5 and are authorized to issue citations for violations of this
chapter. The designated employee positions are: park ranger and
senior ranger.
(b) Other remedies. The method of enforcement of this
chapter set forth in subsection (a) of this section is not
exclusive and shall be in addition to any other method of
~nforcement or remedy available to the city under this code or
state or federal law.
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SECTION 2. The Council finds that this is not a project
pursuant to the California Environmental Quality Act ("CEQA") and .
that no environmental assessment is necessary.
SECTION 3. This ordinance shall be effective on the thirty-
first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
City Manager
Police Chief
Director of Human Resources
Director of Community
Services
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