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Home My WebLink About0141.092• - ~' , , 0 ~ . -" ~ " . .~' . "_ .'0 Fe.br-uary 6, 1992 The Honorable City Council Palo Alto, California . ,...~ .. ,.,*. __ ",.." .. "","e'~ 1 ~Jl4meDt to Palo Alto Municipal Co~e Chapt,r 22.04 -Tr.sp~~ at City 'aailities Members of the Council: Rpport in Bri.t This report recommends Council approval of the attached ordinance addinq sections 22.04.321 and 22.04.322 to the Palo Alto Municipal Code concerning trespassing at Rinconada Pool and the Greer Park skateboard facility. Background After-hours trespassing on some city properties has been a periodic p~oblam throughout the years. specifically, these locations have been outdoor recreational facilities including Rinconada Poel and, most recently, the Greer Park skateboard bowl. In the past, Police Department staff have used trespass sections in the california Penal Code for enforcement authority. Recently, the Department was notified by the District Attorney's Office that since the penal code trespass provisions do not expressly apply to all public facilities, including within parks, the Municipal Code would provide better alternative enforcement authority. While the current Municipal Code Section 22.04.320 prohibits use of all parks, with the exception ot Foothills Park, from. lO:3C p.m. to sunrise, an amend:roent to Chapter 22.04 is re.quired because the above ~entioned facilities open and close at different times. Greer Park 'k4tehoar4 'acilfty The skateboard facility opened in January 1991. Since then after hour use has been a continual problem. The City hired a security guard when the unanticipated problem of unauthorized nighttime use was observed. Initially, the guard reported turning a~ay 25 to 40 skaters a night. This num.l:!er eventually dropped to 3 to 6 per niqhe. At Council direction, the installation of a higher tence vas completed around the bowl. At that time, the security quard was no longer provide~. While it is apparent that the fence has been quite effective in reducing the number of incidents of after hour use, 7 incidents have been handled by Police ~ep~rtment staff since october 30, 1991. GIR: 141: 92 ":'~_"'_"""''''111'''''''' .... h~' --"", "'L ,<--,- -. page Two The attached proposed ordinance would proviQe better enforcement authority for Police statf for use during the hours the facilities are net open. For the sk"teboard oovl, the ordine.nce would specifically prohibit use according to the following sctledule or any other time vhen the facility is closed. WeekendslLegal and Weekdays School"· Holidays .lrJlWQry through March! I 5 p.m. -J p.m. 5 p.m. -8 a.m. ".pril 1 Wough end of 6 p.m. -1 p.m. 6 p.m. -8 a.m. sch<Jo1 ~ School s~r vacation 8 p.m. -JO a.m. 8 p.m. -8 a.m. Start of scJwoI through 6 p.m. -J p.m. 6 p.m. -8 a.m. October 31 November 1 Wough 5 p.m .. } p.m. 5 p.m. -8 a.m. December 31 • SchJXJl year shall mean the school year /l.l determined by the Palo Alto Unified SchJXJl District in any given )'~ar. •• SchJXJl holidays sholi mea., thost holidayr as determir.ed by lhe Palo Alto Unified School District any given year. linc.onada Pool OVer the last few years, after-hour use of Rinconada Pool has been significantly redur-ed. only one such inciden~ was reported in the last two years. However, staff believe.s that in light of the District Attorney's notification, it is appropriate to include the specific after-hour u~e of Rinconada Pool in the proposed ordinance as well. The ordinance would prohibit use of the pool, accQrding to the following schedule or any other time when the facility is closed. Weekdays Saturdays Sundays July } through 9 p.m. -5:45 a.m. 9 p.m. -9:30 a.m. 9 p.m. -JO:30 a.m. LalxJr D<1;' LalxJr Day Ihrough 9 p.rn. -5:45 a.m. 2 p.m. -6 a.m. 9 p.m. -JO:30 a.m. J/IJ1e 30 --- Under the proposed ordinance, violations of new Sections 22.04.321 and 22.04.322 wculd be iniraction$. CMR.:l41:92 '. , i i t j 1 P5ge Three Itep __ p4atiop Staff recommends that the City Council adopt the attached ordin~nce addinq sections 22~ 04.321 and 22.04 .. 322 to thp.: Palo Alto Municipal Code to prohibit after-hour use of the ~reer Park Skateboard facility and Rinconada Pool. Attachment CHR! 141:92 . JUN E FLEMING Assistant City an qer l/ • rl " l - follo'¥s: ORDINJ>...NCE NO. ORDINANCE OF THE' COUNCIL OF' THE CITY OF PALO ALTO AMENDING CHAPTER 22.04 (PARK AND RECREATION BUILDING USE A...'lO REGULATIONS] OF THE PALO ALTO MUNICIPAL CODE TO PROHrBrT TRESPASSrNG AFTER HOURS AT THE GREER PARK SKATEBOARD FACILITY AND RINCCNAD.\ POOL The Council of the City of Palo Alto does ORDAIN as sECTION 1. Section 22.04.320 of Chapter 22.04 of the Pale Alto Municipal Coqe is hereby amended to read as follo~s: 22.04.320 Parks, c:lo •• 4'"ten,,:,thirty p •• ~-s,unri.e. ",txeept ~"p1;Qylde!:l "ijnaef>s~ctions22 .04 .lSI! ,. 22. 04 .• 32 J. and 22. 04 , 322 01: ~:~ii~','eOd.E)/'Nno 'perso!-t 'shall use,. remain in' o:r ,enter any park or building :b.atween ten-thirty p.m. and sunrise other than a city employee in the performance of his O~ her duty or persons participating in city-sponsored activities or other activities for which the city has providr.d ~ritten permission to utili~e a park beyond the closing tine. This gee~i8fl aees He~ apply ~e Fee~flil13 ~ SECTION 2. section 22.04.321 is hereby added to Chapter 22.04 of the Palo Alto Municipal Code to read as follo~s: 2t~:9i':~321. JOM "LUeatl' G%eer' par.t~-08e ,of or treapus at 8k .. t8:bOu-4 .. r~qil.ity prohil>ite<l whe" c10".a<l. (a) No persc>n shall. ~e,'."r-9lDai'ji'in: or:. ellter the,:'skateboard facility~' locatea wl,thin ~at, park'_~ ,~s' John Lucas -Greer Pa.rk t between the hours list'ad, a" follo",.! ~!, throug" lWch 31 AJr't.1,tfl~ tfi,d'gf ~I yar- khooL·,~'~,t~trt , ~ili't·of moot YHr ~~,,~t~,l:J ~:,~ ~:s, S'P ••. '-1 p.lII. 6 p •••• , p.m., 5 p ••• -l P:II. 10Ieeterds '&ncJ L~l .-.:j Schocl lfol'~ 5'p ... -5.,.~ 6 p._ •• 5 t_1L a p •••• a .. ...:. 6p.a. .. S ....... ~p .... -! •.•• ~ 4tM1' tl.e'M p=.~lod ~ me"shteboat"d hc::iI'ity i, cR-1:e:'1ainecl, tt>be dosed bY ttl:!! d;~tor,' -sa~4 ctosl.lr~ J.htoU ,be po$t~ D:t}~, ~blt.oo.rd f*'-Itijt"f. ~ boll.)"$ ,MaL I '--.:n' itio:!i£w.col hoHda)'$ fLi di!-teMlllinKI, in .or p.rt icutllt', -r-r, brt ttHI, Pah llte 1Il1fled,echoQ1 d'iatr-Ic;:t. ' "SdIOol .,..;... ~.i l _lin tM c.~hQOI )'t'fIr &5 de-tenlllnonl', in 01~ ~rtieo~.a" ~<:I<oot y&it", bv the "..10 Alre loInfHI!d: Qtf1gO;( dhttlet, 1 i;~¥i~ .. l" - (b) , For' purposes of t'his section, the ter:m "sk.ateboard facii':i:ty ... ,sba11 mean the fence and the e-r.tire fenced a.rea surround ing ,anti ,.including the skat-&ooard bowl and the land a.djacent ~o the. skateboard bowl, located in John Lucas Greer Park. The boundaries of Gr~er'P~rk are set forth under section 22.08.010 of this coda. to) 'This section does not apply to any city t'!mployee in the perforiD!lnoe .of his duty. (ci)Any person who violates this section is 9uilty of an in-f.raction and upon conviction thereof shall be punished. as P["9Y~~etl, ,if), section 1.,OS,~OlO of this code.. Each violation co~t.it~:t:es: a separate -off~nse and may be separately punished. SECTION 3. Section 22.04.322 is hereby added to Chapter 22.04 of the Palo Alto Municipal Code to read as follows: 21'.'0'4'.'322, )Unc:o.ca<la Park--l1ae o~ or t.re'epass at poet ;r .. q:il.i,;y" :prohillit.d when e10SBt1a Ca) No person shall use r reznain ir(:'pr"'tULter, the ',pool, facility located, within that park lmo\lin as ~~~on~~_ ~~~k, between the hours listed as follows: My '1 iz,iii. wei..,. '"""' ...... p.~ ,Iurw 30 Seturday!;; 9'~ .... -5:'Sa .•. 9p ••• -9:Jf) ..... 9,0 .... -6 •••• i!" p._. ·6 •••• 9 p.m. -HJ:30 lUll. ? p ••• -nJ;3-Q •••• ),.~':-c.tM~ H.-'or ~iod'whn t."lill';:.oel f.dHty iT cJe.tert!lina-d tc: be c:\1)Cftl ~/ t.o,,, ~NiCtoir"~:' klC: 'C(CT.tf't' ahall. w pntMl.t t:ile pool fae-IUt)'. , , __ tbr'·'For p\Jt-pOse~ of this: s.ection# the term f'lpoo:l-.facility· $):):a11 ,mean 'the entire pool compl~x known as "Rinconada pool,· loeat~:!~t:-: 777 Embarcadero ,Road, Palo Alto, within lUnconada Parka ~nconada,p,~rk is bounded on five sides# by Hopkins Avenue, Newell R9ad, ,Embarcadero Road and Walter Hays Sr.hool .. respectively .. ter 'This section does not apply to any city employee in the perfort!iance ~f his or her duty or to any person participating in city~spo.Q.s,<>~ ,activities or -other activities for which the city ~s,'P~9¥icl~~,,~itt'en permission to utilize the pool facil.ity beyond ~e, ~l,osi~.g·, ti'm,e~' (df':-:Any<pe:rson' who violates this secti-:ln 'is 'gUilty of an ,~~ra:ction,< and, ,:upon conviction thereof shall be punished as provi~~ in section 1.oa~Ol~ of this code~ Each violation ~onstitrit.es:"a separate offense and may b€: separately punished4 2 L ! SECTION 4. The ordinance is not a project mental Quality Act. city Counci 1 hereby finds that this for purposes ~f the Cdlifornia Environ- SECTION 5. This ordinance shall b~come effective upon the commencement vf the thirty-first day aft~r the date of its passage. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City clerk Mayor APPROVED AS TO FORM: city Manager Assistant city Attorney Director of comr.mnity Services Chief of Police 3