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City of Palo Alto
City Manager's Report ---------------------
HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMEJIol' POLICE
AGENDA DATE: October 16, 1995 CMR:444:9S
Amcad .... nl 10 a.apter 21.04 ., the Mnoicipal Code
Blnltine COMumptiolt 0( AIcobol .t Bouhr. re Park
REQUEST
During tile last six months, !here has been • significant increase in the number or incidents
related to coosumplion of a1cobo1 II Boulware Park that bave required poliu inter.-.:ntion.
AtII:mpts to ameliorate the situation using existing laws and regulations have prOVeR
\1IlSUCCessrut nu. report provides a S1lIlI1ll8I)' of tile inciden!s and ... "lions 1!IlII ~ l=n taken
and Rquests that CoonciI adop( an ordinance an=ding Chapter 2U)4 of the Palo Alto
M;micipal Code to prohibit the wruump60n of alcoholic beverages in Boulware Park
RECOMMENDATIONS
Staff recommends that Council adop( the attached ordinance amending Palo Aho Municipal
Code 22.04, prohibiting alcohol consumption at Boulware Pm.
POLICY IMPLICATIONS
This or.finan<;e is eonsisIent with established policy prolu1>iting oleob.oI COIIS1IIllPOOn at certain
designated parb.
EXEgmVE SUMMARY
0Yer1be last six months, members of the neighborhood adjacent to Boulware Park and police
officers reported an increose in the Dumber of aIcoI>!>! ... elated incidents.
Individual. frequently COIlSUIIk' alcohol foe prolonged periods of time and create various
disturbances. Distwbance. in<;lude vandalism, dnmk in public, fighting. loud noise, and
intimidating bebav'.or. Because or. lack of restroom facilities at the parle, neighbors advise
,,"asionally they witness these same individuals relieving themselves within view of the
puhIi<;. Boulware Pad< is nonnally frequented on • c!aiIy basis by motb~ and small childrea.
00 sevcnI occasions, some of these intoxicated individuals bave attempted to touch these smaI1
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childrea 8IIdIor have bebavod in • very Ihreatening =. As. result, many o!theoe parents
ha"" ch<>sea not III ",tuB 10 the park.
Rtcendy, poIi<:e offi<:ers have provided increas;:d altcntion 10 Boulware Park and have en!orced
cxisbns laws I!Id regulations ""hen applicable. Based upon information from officers and the
RSidcnlS, 0Ih« criminal activities have taken place. Becauoe they are misdemeanor o.tImses,
howevcl', they JDDSI be committed in the presence of. police officer O£ • witness citizen must
make • cilizcn' • .uresI in order for enforcement action to be lakes. However, due 10 incidents
ofdueatening behavior, DWlY residenrs have beea besilaIlt 10 make arrests for (ear of re:noution
by the offend=
Staff has met with members of the Ventura Neighbodlood Association cOIIc<:ming activity in
Ihis residenlial pa!k They advioe that there are I number of families with children in the are.
lhat would like 10 frequent Boulware Park boll! during day and nigh~ bours, but because of
the CUITCDI situation involving akOOcI conswnptioo and its related negative influence, they are
rel1lClaDt 10 do so" Both the Ventura Neighborboo<! Association and the individusl residents
contacted by staff support • probibition of a1echol at Boulware Pn
Incidents in Other Parks
a.rremJy, the Palo Alto Municip&l COOt either limits or prohibits alcohol ecnsnmption at the
ronowing Cily parks: Cogswell Plaza, LyttOl! Plaza. Edith Eugerue Johnson Parle, Rinconada
Pmk. Milcbdl PaIIe and )<>1m Locas Greer Park. Calls for =vi« in parks sinular to Boulware
(Briooes, EIeaIIor, Hoover, P.amos, and Robles), were rew in number d!Jring this past year and
few if any have bees related 10 alccbol consumption.
The situation that has de>-.kJped at Boulw= Park is similar to tha: which occurred at Johnson
Park in Ihe summer of 1991. At lhat time, an increase in Ihe number of alcohol-related
incidents was observed ao<I numerons complaints were received from residents living around
the park. As. ",suit, Council adopted au ordirum« prohibiting consumption of alcoholic
beverages at Johnson Pn "'bile Ibe enforcement o(!he ordinance did not totally eliminate
\be problem, it did provide mough of an enforcemenl tool 10 significantly reduce !he calls for
stMct and \be associated problems. Stoff believe. Ihat an oraman<:<: prohibiting alcoholic
beverage cooswnption et Boulware PaIl< will bave simI1ar results"
FISCAL IMPACT
There is no fiscal impact.
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ENVlllONMENIAL ASSESSMENT
There In no associated environmcnl3l issues.
AITACHlIfl.NTS
AmeruImenI to 0Iapter 22.64, Municipal Code
PREPARED BY: Ka!bIeen McKenna, POOC;e Captain
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DEPAltTMENTHEADREVlEW: UIA-.-. . ~ i
CHRIS DURKIN, Poli« Chief
CITY MANAGER APPROVAL: _i\u~II.IIII.~""..4:;....1,.!!~~~t--_____ _ ~f.uMINO>Cily~
eMII""':lI5
ORDlNANCR NO •. ",~~~~
ORDINANCE OF TIll! COUNCIL OF TIll! CITY OF PALO ALTO
AMSNDING CHAPTER 22.04 [PARI: USB AND REGULATIONS}
OF THI! PALO .\1.TO MUNICIPAL COOl! TO PROHIBIT
CONSUMPTION OF ALCOHOLIC BI>'VEl1AGES IN BOULWARE
PARlt
The Council of the City of Pa.lo Alto does ORDAIN as
follow",
SECTION 1. Section 22.04.333 is hereby added to Chapter
"~04 of the Palo Alto MUnicipal Code to read &s tollows:
22.0 •• 333 BoUlware 'ark--Conlumption of
alcohol1c b""eragel prohibited without & pentit.
lal It sball be unlawful. for any person to cOOStJJne
any alcoholic bevera.ge in that park known as
Boulware Park. The bouDdaries of Boul~re Park
are set forth under sections 22.0s.teO as the
"'South Palo Alto Neighborhood Park".
{b} Any persOD who violates this section is
guilty of an infraction and upon coovictlon cnere~
of shall be punished as provided in seceion
1.09.010 of this code. Each violation constitutes
a separate offense and may be separately punished.
SECTION 2. The City <:001><:11 hereby finds that this
ordinance is DOt a project for purposes of the California Environ
mental Quality Act.
SBCTlON 3. This ordinaoce shall bec~ eftect.i-..... e upon the
commeDCement of the thirty·first day after the date of its passage.
INTRODOCBD:
PASS.BO:
AYES,
NOES:
ABSTBN'I'IONS:
ABSENT,
ATTEST: APPROVED:
City Clerk Mayor
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City Ma.n.a.ger
senior -'Bst. City Att<>rney
Director of Cou~unity Services
Police Chief
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