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Home My WebLink AboutStaff Report 289-06REVISED City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: POLICE DATE: SUBJECT: JULY 24, 2006 CMR:289:06 ADOPTION OF AN ORDINANCE OF THE CITY OF PALO ALTO ADDING SECTION 9.09.010 (PUBLIC VIOLATIONS) TO THE PALO ALTO MUNICIPAL CODE RECOS~IENDATIONS Staffrecormnends that the City Council adopt the attached ordinance Palo Alto Municipal Code, Title 9: Public Peace, Morals and Safety: Section 9.09.0!0 (Public Violations). BACKGROUND In September 2005, the Police Department hosted a meeting that included City staff (Hmnan Services, Public Works, City Attorney’s Office) and members of the Santa Clara District Attorney’s Office (DA). The purpose of the meeting was to discuss the numerous calls for service involving intoxicated subjects specifically in the downtown area, and to begin to develop strategies to improve the current situation. This meeting was called to address what staff believes are significant public health and safety issues. These issues include urination/defecation in areas open to the public and the iDaiting of fires in public areas by individuals attempting to stay warns. Although staffacl~owledges that these issues cannot be resolved with just one strategy, the Police Department needs additional enforcement tools to address these issues. As a result in response to this issue, the City Attorney’s Office has &’afted a new- ordinance that would ~ve the Police Department another enforcement option. DISCUSSION Staff has received numerous complaints from downtown business owners and visitors about the urination/defecation issue. Police officers frequently respond to calls involving subjects who have consumed too much alcohol at downtown establishinents and who are relieving themselves in public. Similar calls have been received concerning transient subjects who are committing these same acts. These acts occur in parking lots/garages, stair~vells, in alcoves/entrances to businesses, etc. While there have been several applicable Penal Code sections, the DA has declined to prosecute based upon problems ~vith prosecution. Recently, the First District Court of Appeals ruled that public urination could not be prosecuted under the littering statute. As a result, officers can no longer use California CMR:289:06 Page 1 of 3 Penal Code Section 374.4. The proposed ordinance will provide officers with a useful enforcement tool. There are pay toilets available for these purposes. Free tokens are provided to the unhoused population. Additionally, there are toilets in the two new parking garages that are open 24 hours a day. Nonetheless, certain individuals continue to utilize public areas for urination and defecation, despite the alternatives available. Since January 2006, three intentionally set fires were reported to the Police Department in the downtown area. Two were in parking structures and one was i~aited in the rear parking lot of a business. These fires were set by members of the unhoused population in efforts to keep warm. Because there was not any intent to cause damage, these events cannot be prosecuted under the arson statute (PC 45!). Fortunately, there has not been damage to any structures that have occurred from these fires. However, staff is concerned about the potential of property damage and injuries. The proposed ordinance will also provide officers with an enforcement tool that can be used in these circumstances. The penalty for committing these acts will be a misdemeanor. The City Attorney’s Office will have the discretion to reduce these violations to an infraction as it sees fit. Staff has discussed the draft ordinance with the Human Relations Commission at its June 8, 2006 meeting. There was some concern about a noise section that had been included in the first draft and has since been removed and the definition of public nuisance. However, the Commissioners were supportive of the ordinance. RESOURCE IMPACT The Police Department and City Attorney’s Office will absorb enforcement and prosecution costs. POLICY IMPLICATIONS The proposed ordinance is consistent with City policies. ENVIRONS~ENTAL ASSESSMENT This is not a project under the California Environmental Quality Act (CEQA). CMR:289:06 Page 2 of 3 ATTACHMENTS Attactvnent A:Draft Palo Alto Municipal Code Ordinance: 9.09.010 PR~.PAR_ED BY: DEPARTMENT HEAD: LA~E.Y Police I_A-eaxtenant R~R’~P~~AC OM Police Li,~u~enant L~ rObSON Police Chief CITY MANAGER APPROVAL: ~ON Assistant City Manager CMR:289:06 Page 3 of 3 NOT YET APPROVED ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 9 . 09 . 010 (RECULATINC PUBLIC 9YJISP~JCEVIOLATIONS)TO THE PALO ALTO MUNICIPAL CODE The Council of the City of Palo Alto does ORDAIN as fol!ows: SECTION i. The Council hereby finds that the following addition to Title 9 of the Palo Alto Municipal Code (Public Peace, Morals and Safety) is in the interest of public health, safety and welfare. SECTION 2. Chapter 9.09 of Title 9 (Public Nuisancc Violations) of the Palo Alto Municipa! Code is hereby added to read as follows: Chapter 9.09 PUBLIC ~VIOLATIONS Section: 9 09 010 ~ ....~4~ Public NuisanccViolations 9 09.010 ~ ....I.~4_- Public ..ui~nccViolations It shall be unlawful for any person on any street or in any public place within the city to do any of the following: (a) To urinate or defecate, except at a lavatory facility. -~e-~(b) To ignite, cause to be ignited, permit to be ignited, or suffer, allow or maintain any outdoor fire except as permitted by Section 22.04.300 of this Code. 060718 syn 0120089 NOT YET APPROVED SECTION 3. The City Council finds that the changes effected by this ordinance are exempt from the provisions of the California Environmental Quality Act (CEQA), per section 15061 of CEQA Guidelines, because it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment. SECTION 4. This ordinance shall be effective 30 days after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: City Clerk APPROVED AS TO FORM: Mayor APPROVED: Sr. Deputy City Attorney City Manager Director of Planning & Community Environment 060718 syn 0120089 2 TO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT:POLICE DATE:JULY 10, 2006 CMR:289:06 SUBJECT:ADOPTION OF AN ORDINANCE ADDING CITY OF PALO ALTO MUNICIPAL CODE SECTION 9.09.010 (a) - (c) - REGULATING PUBLIC NUISANCE RECOMMENDATIONS Staff recommends that the City Council adopt the attached ordinance Palo Alto Municipal Code, Title 9: Public Peace, Morals and Safety: Section 9.09.010 (a) - (c) Regulating Public Nuisance. BACKGROUND In September 2005, the Police Department hosted a meeting that included City staff(Human Services, Public Works, City Attorney’s Office) and members of the Santa Clara District Attorney’s Office (DA). The purpose of the meeting was to discuss the numerous calls for service involving intoxicated subjects specifically in the downtown area, and to begin to develop strategies to improve the current situation. This meeting was called to address what staff believes are significant public health and safety issues. These issues include urination!defecation in areas open to the public and the igniting of fires in public areas by individuals attempting to stay warm. Although staff acknowledges that these issues cannot be resolved with just one strategy, the Police Department needs additional enforcement tools to address these issues. As a result in response to this issue, the City Attorney’s Office has drafted a new ordinance that would give the Police Department another enforcement option. DISCUSSION Staff has received numerous complaints from downtown business owners and visitors about the urination/defecation issue. Police officers frequently respond to calls involving subjects who have consumed too much alcohol at downtov~n establishments and who are relieving themselves in public. Similar calls have been received concerning transient subjects who are committing these same acts. These acts occur in parking lots/garages, stairwells, in alcoves/entrances to businesses, etc. While there have been several applicable Penal Code sections, the DA has declined to prosecute based upon problems with prosecution. Recently, the First District Court of Appeals ruled that public urination could not be prosecuted under the littering statute. As a result, officers can no longer use California CMR:289:06 Page i of 3 Penal Code Section 374.4. The proposed ordinance will provide officers with a useful enforcement tool. There are pay toilets available for these purposes. Free tokens are provided to the unhoused population. Additionally, there are toilets in the two new parking garages that are open 24 hours a day. Nonetheless, certain individuals continue to utilize public areas for urination and defecation, despite the alternatives available. Since January 2006, tlvee intentionally set fires were reported to the Police Department in the downtown area. Two were in parking structures and one was igrfited in the rear parking lot of a business. These fn’es were set by members of the unhoused population in efforts to keep warm. Because there was not any intent to cause damage, these events cannot be prosecuted under the arson statute (PC 451). Fortunately, there has not been damage to any structures that have occurred from these fJ_res. However, staff is concerned about the potential of property damage and injuries. The proposed ordinance will also provide officers with an enforcement tool that can be used in these circumstances. The penalty for committing these acts will be a misdemeanor. The City Attorney’s Office willhave the discretion to reduce these violations to an infraction as it sees fit. Staff has discussed the draft ordinance with the Human Relations Commission at its June 8, 2006 meeting. There was some concern about a noise section that had been included in the first draft and has since been removed and the definition of public nuisance. However, the Commissioners were supportive of the ordinance. RESOURCE IMPACT The Police Department and City Attorney’s Office will absorb enforcement and prosecution costs. POLICY IMPLICATIONS The proposed ordinance is consistent with City policies. ENVIRONMENTAL ASSESSMENT This is not a project under the California Environmental Quality Act (CEQA). CMR:289:06 Page 2 of 3 ATTACHMENTS Attachment A: PREPARED BY: Draft Palo Alto Municipal Code Ordinance: 9.09.010 (a-e) LA~EY 8URT Poli,ce I~.utenant DEPARTMENT HEAD: Police Li~ufenant," i LYNNE JOHNSON Police Clzief CITY MANAGER APPROVAL: ~ON Assistant City Manager CMR:289:06 Page 3 of 3 NOT YET APPROVED ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 9.09 . 010 (REGULATING PUBLIC NUISANCE) TO THE PALO ALTO MUNCIPAL CODE The Council of the City of Palo Alto does ORDAIN as fo!lows: SECTION i. The Council hereby finds that the following addition to Title 9 of the Palo Alto Municipa! Code (Public Peace, Morals and Safety) is in the interest of public health, safety and welfare. SECTION 2. Chapter 9.09 of Title 9 (Public Nuisance) of the Palo Alto Municipal Code is hereby added to read as follows: Chapter 9.09 PUBLIC NUISANCE Section: 9.09.010 Regulating Public Nuisance 9.09.010 Regulating Public Nuisance It shall be unlawful for any person on any street or in any public place within the city to do any of the following: (a) To urinate or defecate, except at a lavatory facility. (b)To willfully and maliciously disturb any lawful assemblage or procession of persons. (c)To ignite, cause to be ignited, permit to be ignited, or suffer, allow or maintain any outdoor fire except as permitted by Section 22.04.300 of this Code. This subsection (c) applies to activities on private property as well as on public property. SECTION 3. The City Council finds that the changes effected by this ordinance are exempt from the provisions of the California Environmental Quality Act (CEQA), per section 15061 of CEQA Guidelines, because it can be seen with certainty that 060705 syn 0120089 NOT YET APPROVED there is no possibility that the project will have a significant effect on the environment. SECTION 4. This ordinance shall be effective 30 days after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: City Clerk APPROVED AS TO FOR94: Mayor APPROVED: Sr. Deputy City Attorney City Manager Director of Planning & Community Environment 060705 syn O120089 2