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HomeMy WebLinkAbout0438.091I I , . -. -' October 3, 1991 HONORABLE CITY CCUNCIL palo Alto, California Members of the Council: Jan of Alcohol con.~ption in Johnson Park !!eport in Ilrio: ____ .......... _ .. ,.,1110;"1 ... ", During the last four months, there has been a significant increase in the number of incidents related to consumption of alcohol at Edith Euqenie Johnson Park that have require.j police intervention. Attempts to ameliorate the situation using existing laws and requlations have proven unsuco..;essful. This report provides a summary of the. incidents and actions that have been taken and recommends that Council adopt an ordinance amending chapter 22.04 of the Palo Alto Municipal Code, to add a provision prohibiting the consumption of alcoholic beverages in Edith Lugenie Johnson Park. BacJtgroun!! In May 1991, when Council discussed prohibiting/limiting alcohol consumption in all City parks, staff advised that few, if any, alcohol-related problems 'Were occurring in Palo }.lto parks. Since that time, a siqnificant increase in the number of incideT.ts related to the consumption of alcohol has been observed at Johnson park. Calls have originated primarily from residents who live on the periphery of the park. Repo:rtcd activities include fights, intoxication, public urination, threatening behavior and loud noiSE: at all hours. According to Police Department calls-for-service records, between 1988 and 1990, police were called to the park 11 times. Between January and May 1991, police response was required only twice. However, in the period from June 1 to septe!'!1.ber 12, 1991, the number of calls totalled 26. Attempts at 'Problem R8so1\lt __ :i,.Q..1I. The majority of the incidents r~quiring police response to Johnson park during the last four months st~m from alcohol-related CMR:43S~91 . ~ ------,~--"'""'--... ~ f , I -'--I I, , I ;j I ! I i -~---.--~-- Page Two behavior. Neighbors and police officers report that many of the same individuals repeatedly frequent ,Jo}'1.nson Park and are oft£n involved. in activity requiring police intervention. Th~se indi­ viduals routinely drink for prolonged periods of time an~ create various disturbances. In addition to incidents that occur within the park boundaries, neighbor~ report a certain ~spillover" effect in that tha offenders trespass onto private property fer th~ pur­ po~es of relieving themselves and sleeping~ In mid-July, after recognizing the trend of increased activity noted above at the park, Police staff implemente.d a two-prong approach to the problem. Daily monitoring of the park 'Was initiated and enforcE!l.1ent of existing la .. ·s and regulations has taken place 'When applicable. An:ests have been l!lade for being drunk in public and outstanding 'Warrants~ Numerous other criminal behaviors have taken place, but because they are misdemeanor offens"2s, they must be committ:!'d in the presence of officers in order that enforcem8nt action can be taken. Private citizens ..,;ho witness an offense may mak.e a citizen's arres~ and turn the offende.r over to the police for disposition~ HO\r{ever, due to incidents of threatening behavior, many residents have been hesitant to make arrests fer fear of retribution by the offenders. In addition to the enforcement apPF:oach, Police staff have been ~orxing ~ith members of the Urba~ Ministry io e~forts to resolve the problems. Assistance has been provided by the Urban Ministry in attempts to educate the individuals using the park about the problems associated ~ith con3umption of alcohol in the park. This approach has met ~ith limited success. On August 20, 1991, members of the Police Department met with neighbors of the park for the p::lrpose of hearing about their concerns and discussing problem-solving options. Included among the e.ttendee!: ...,as an individual ",'ho frequents the park but does not live i:1 the neighborhood. At the ttleeting l additional reports of offensive and criminal behavior were reported. Neighbors advised they had made attempts to directly deal ... ith the offenders in efforts to reduce the nu~ber of incidents, but their efforts have not resulted i:1 any noticeable charLge. Other neighbors reported that they had not obse!'ved ar.y such behavior. Some attendees expressed their belief that the prohibition of alcohol consumption at the park ~as the only altarnative. A petition to that effect has been circulated by residents and, as of late August, 39 signa­ tures had been obtained. Other attendees expressed their belief ~hat such an ordinance 'WQuld not be appropriate. They also indicated that such an ordinar.ce would prevent neighbors from enjoying a glass of ""ine ... ith a picnic lunch if they so desired. CMR:43B:91 ~ .. " : • t • ~ 'I ;j , j ;.1 I Page Three Cleanup of Bxi.tipg Ordinances In May 1991, ths City Attorney's office informed the Council that legal research had revealed that municipalities are preempted by the state Ccnstitution from prohibiting possession of alcohol, hut do have the authority to prohibit the consumpt-ion or alcohol. CUrrent Palo Alto Municipal Code ordinances 2.2 .04 .. 330, 9.04.030 and 22.04.350 generally prohibit both consumption and possession of alcohol in Cogs'Well Plaza/ Lytton Plaza and in motor vehicles within park or open space aceas. In order to comply with t~e state Constitution, the Cit.y Attorney has prepared the attached ordinance.. for Council r:eview and approv~!, to only prohibit con~umption of alcohol in those areas~ as well as in Johnson Park~ It is important to note that/ under the propcsed ordinance~ violations of these ord inanc~s Ioll11 be infractions. Similar to vehicle code infractions, enforcement action entails the issuance of a citation (notir:e to appear in court). Actl,Jal arrests for infraction violations ~ould not occur. Because California BUsiness and Professions Code Section 25620 prohjbits possession of alcohol in a park (if the City also bans consumption of alcohol there under its local ordinance), ~n officer ~ill have the option of enforcing either the Municipal Code ordinance or Section 25620 when he or she observes the prohibited activity. Violation of section 25620 is also an infraction. Vp4ata 01) Aleohol-Itelatedl rn_eiden_t __ ~in ot~e~Y........l~...! staff reported to council in May that from Jam.:ary 1, 1-990 to April 30, 1991, police personnel responded to a total of 26 alcohol related calls-for-service in city parks. Since then, excludi~g incidents at Johnson park, police have responded to only eight alcohol related incidents in parks. TIolo of the eight incidents occurred at Cogswell Plaza ~here alcohol is already prohibited. Staff contiJ".lJes to believe that / 'With the exception ot Johnson Park, the small number of incidents does Poot ..... arrant any other changes to the Code at this time. conclusion. The situation that has developed at Johnson Park is similar to that which occurred at Cogswell Plaza about ten years a90~ At that time, an increase in the number of alcohol related incidents was observed and numerous comclaints 'Were received from downtown merchants and visitors to the senior Center~ As a result, Council adopted an ordinance prohibiting posses~ion of alcohol. While the enforcement of the ordinance did not tctally eliminate the problem: in that a s~all number of inCidents still occur at Cogswell Pla28, the size of the problem as experienced ten years ago has decreased CMR:438:91 •• &( Page Four significantly. Staff believes that an ordinance prohibiting alcohol possession at Johnson Park ~ill have similar results. ReCOllUDe n 4a t.ioD staff reco!ll.!nends that Co\..!ncil adop~ the att·3chea proposed ordinance, amending Palo Alto Municipal Code Chapter 22.04, to: {l} prohibit alcohol consumpticm at Johnson Park; and {2) prohibit only alcohol consumption in cogswell Plaza, Lytton Plaza and in motor vehicles ~ithin parks or open space lands. Resp~ctfully submitted, -' 1', :J 1-"S~ .~.!(.....I..J-;;'J.:-<L_ J.'~- LYNNE JOHN'S ON Assistant Police chief Attachment cc: Joseph Meyers Melissa Biggs Kathy Jarvis Caroline Sigman Lora Smith Ann Burrell Gretchen Vander Plas Terry Reagan James and Catherine Balboni Renee Wildl'l1an Wade Sisler John Lund Laura Foster John Henze Linda Jacobson M. Siegel Tony soria Timothy McSweeney Sally Barker Don Pohlman Peter 1<lein Bonnie Barnell CMR:438:91 ell'-' ~-L"'--L"'/I>' CHRIS DURKIN ?olice chief Gary Embler Jane Bruce Charles W. Hoefs Gary and Janet Cook Carl and Alexandra Gotsch steve Diaz Marian Odell Anita and Fletcher Parsons Kevin Keenan J. F. Shanley Victcr Mitnick John El-rnan Joseph Bellomo Loretta Cullinane Tricia and Paul Ward-Dolkas Lasana Taylor Lynn Sil ton Clarence Fovler Susan and Torn Kytle Gady Epstein Anthony Badger Julia Silverman • \ ORDINANCE NO. ORDIHA."CE OF THE COlmer!, OFTHE CITY OF PAM ALTO A.~DING C~~ERS 9.04 [ALCOHOLIC BEVERAGES) AN9 2~~~4 (FARK USE AN~ REGULATIONS} OF THE PALO ALTO l'IUNICIPAI CODE TO PROHIBIT CONSUMPTION OF ALCOHOLIC BEVERAGES :tN COGSWELL PLAZA, LYTTON PLAZA, JOHNSON PARK AND IN MOTOR VEHICLES WITHIN PARKS OR OPEN SPACE AREAS The Council of the City of Palo Al to aoes ORDAIN as follo"Ws: SECTION 1. Section 9.04.030 of Chapter 9~04 of the Palo Alto Municipal Code is hereby repealed~ SECTION 2. The index to Chapter 22.04 [park and Recreation Buildinq Us~ and Regulations] is hereby amended to read as follo~s: Cbapte.r 2-2 a 04 PARK AND RBCREA~IOH BUILDiNG USE AND RE~ULATIONS. seetions:: 22.04.010 22.04.020 22.04.030 22.04.040 22.04.050 22.04.060 22.04.070 22.04.080 22.04.090 22.04.100 22.0(,110 22.04.120 22.04.130 22.04.140 22.04.150 22.04.155 22.04.160 22.04.170 22.04. ).80 22.04.190 22.04.200 22.04.210 22.04.220 22.04.230 22.04.240 22.04.250 Purpose. Definitions~ Compliance required. Exclusive use of park$. Park application. Contents of park application. Action on park application. Exclusive use of buildings. Building application. Contents of building application. Action on buildi~g application. Right of appeal. Fees and deDOsits. Liability. - Foothills park. Dogs; Foothills Park and Byxbee Park and the city-owned haylands. Sales for pro£it. Violation of permit. Amplified sound exceeding t~enty-five 'tlIatts. Golf. Model airplanes. parking. Bicycles and animals. Litter. Interference. standards and quidelines. 1 \ r· i i !.'~ , . i f ! 22.04.260 22.04.270 22.04.280 22.04. 290 22.04.300 22.04. no 22~04.J20 22.04.330 22 .1l4;' ~3.1 . ~2;04.33;:> ;<2;ocTj35> 22.04.340 22.04.350 22.04.360 2:2.04.370 22.04.380 Weapons; fauna. Flora. Removal of turf 0: soil. Marking, injuring or aisturbing any structure. Fires. solicitation--Sales. Parks closed, ten, thirty p~_m. -,,:,sunrise. Cogswell Plaza--Consl..tmption'-o.f a:Alcoholic beverag,es. p,rohibited. ' Lyttol'l Plaza--ConsumptiQn ot ·o1<:Ol1011c bevera\1<>S prooibi ted. . . John"O.nPar~,..~l>SU.IIIpt.ion of aiC?hollc »eireiages prollib~ted. .... • ' . . ·.rohll" Luca ... Greer '.' Parl<--consumptlon of ,,1<:o1101,io bev,b:ages prohibited ill ..... ~katebollrd!aciHty. . Driving motor" vehicles in par-Y.s and open space land. 9f\e1ied eeftta3::flera Consumption ,Cl,f ,alc,o,holic beverages prohibited in motor vehicles~ Storage of opened conta iner. ' ' Reckless driving prohibited. Unla~ful ~idinq and towing. SECTION 3. section 22.04.330 of Chapter 22.04 of the Palo Alto Municipal Code is hereby amended to read as follows: 22.l)t.330 C09svall Plaza--COu8umptilOlD. at Dl_co,hoU.c bevere.qes, prohibit6d~ :He '(esi It shall be unla'Wful ror any person to ~ consume 'any alcoholic beverage aftdI~ "assess aft)' Be~~le, eaR, Of' ethel" l"eeellt-aele esntaiHiP!1} any ~aleellelie Be. el"age 'Nhieh has beef'. ef'eHae, SE' a seal };,rel~e", e!' tohe eSfI't=.8flts sf .. hiet. boa_e -eeep!: paniall) E'emBYeEi (1) in that park known as Cogswell Plaza, bounded on three sides by Bryant and Ramona Streets and Lytton Avenue, respectively; &cd (2} in the public parking lot located along Ramona street adjacent to Cogswell Plaza~; afid-f3T 1::lfl'6F1 ~be ~t aide\Jalx:9: ef t:il:at. pa!'JEo (b);' Any:'pers'ooi'wbo violates this section is'quilty':of anJl1.fractlon and UPOlt' (lonvit:ltion thereo~ shall be punlsllE!c! ~,provided:' in, ,,section 1.08.010 'of this code& " Each violcttlon ,,-?onstitutes a separate offense and may be Sapa,r~tely pl.lnished.' ' SECTION' 4. Section 22.04.331 is hereby added to Chapter 22~04 of the Palo Alto Municipal Code to read as follows: 22 ;O( ;331 Lytt.cD. Pla.a--Co".wopUoll of aiOobol1c l>ev.ra!l •• pr"hibit.~. (a) It ""all be ~awful for ~ny pe-r&on to consume any alcohol.ic beverage ,in,,, "tb~t park knovn as. Lytton Pla.zaJ- 2 911 00 I b4.: 00U002 • r liM'" • __ ' __ ' ___ h. ~edorit:hr"".·"id.. i>y IJn1v_rtlity Avenue, ~~on stl'eet "lid ParkinIJ .Lot P, ,....~1"ely. (J:i);"'1 ~"s."",.~oV;l.CJlat ... this ... otion is aui1:!:y<>fi!l!linfraC;.tionar.d upon conviction th ...... - fi/::::.; . ..na!lbe.·.~~ ..... prWidad in section J.. os; 01 (\ of this !;«Ie; ... h.Ch v 1elation consti ta1:ae .ai.!,?"ra~Qbff.e~eana¥y be s .. pexlltely pun1..ned, ~ON 5. section ~2.04.332 is hereby added to Chapter 22.04 of the Palo Alto Municipal Code to read as follows.: .. , .... t~.Q4.jl:f·"iUth.~Dl. JOhDaoll Pan--(lOIl';' ~t.1"""f alCOb"li~l>ft.:r;a!l ••. probibitod. (a) tT,.!lball·b.,rin1~"t<#::.ain'y.pa>:'SOn .:to eons".. any !o'1~bH!l-.):>e"'jOrage"in.thatparl<laW.m as 8<11101> ~~i~,;,~',o~on",,~n~<. ~~, ~n, £our s.ido by N,pli!><l.Str .. et,H&~rtl!>Aven"e •. Waverley Street ,~::',~er~tt' ~v~n~~;" -restee~iv4!1.Y.. . (]:».' Any Pl'rsol' 'i/ho'v fola.tes this section is ~l,~yofi1n.~r .. ~ion.~ ~POri ."?nvlotion there-9t.·.: .•...• hall . be .. ' punish~.a" .. ProVided . in section 1 .• 08,:O~oof this .. "<;>de; .. ;J!!Ich vi"lat,!.oncon"tttutas i,t·~~t$.offen~ • .iru:l ...... }r".,sepa~tely punish*,. SECTION 6. section 22.04.350 of Chapter 22.04 of the Palo Alto Municipal Code is her-eby amended to read as fo110 .. s: 22.04.350 spalled, _e.a~aia,8",~onSumPtloD ot alcoholic l>ev"u'l'''s p"Ohil>l tea inaot.or v.elliOl... (a) l:t "han be ti*.lali;'Ul:"for:'<ariY: p$l'SDn,' shall fia. _ 1ft his Sf! her ,sose!! siefl'''e.i his er hel' :pe;f'Btlfl, While in a -motor vehicle or upon a moped, upon ~ny park or open space lands owned &ft4for controlled by tbe city, ef Pale Alt.e,., aft:; es\;4::1e. ea" e~ ~--reeeIl'taele Clefl~aiflifl:lJ to', consume any alcohol ic beve.rage. -"fiies. flea eeep! Bl'ePteEi s!' e' 6eal~-*~"'ke:Pl:, et' 'Coke eeF .. teA~9 af '.-'Bieh have Been pa'f"-tiall) "l'el!'s"e:'t . ... .... (h}; ·liriY Person. wb<> violates. this .... ctioii is 9"ilty of anJ,ofraCticn and u})O~ CCh,v.iction thereof shall be punJ.sbed ~Si:: provided" in section 1",08~,Pl0 o£ ": this code. Each violatioIl" constitutes a' separate offense an4 uy be separately punished. '" , , ,,, SECTION 7 ~ The City Council hereby finds that this ordinance is not a project for purposes of the California E~viron­ mental Quality Act. 3 I I I \ ! I , l \~ --'-'. '."/-~::: c, SECTION '. This ordinance shall become effective upon the commencement of the thirty-first day alter the date of its passage. PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Assistant city Attorney Director of Community Services Chief of Police 4 91100) We 00UU02: > "