HomeMy WebLinkAbout2025-03-25; City Council; CS-488; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.16 RELATED TO THE BOARD OF LIBRARY TRUSTEES AND THE CITYW... Exhibit 1
ORDINANCE NO. CS-488
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.16
RELATED TO THE BOARD OF LIBRARY TRUSTEES AND THE CITYWIDE CODE
OF CONDUCT AND ADDING CARLSBAD MUNICIPAL CODE CHAPTER 11.33 –
CITYWIDE CODE OF CONDUCT FOR PUBLIC FACILITIES, SERVICES,
PROGRAMS AND EVENTS
WHEREAS, the City of Carlsbad offers various services, programs, and events which foster,
promote, and emphasize a safe, orderly, and welcoming community environment; and
WHEREAS, in order to provide a safe, orderly, and welcoming community environment for city
services, programs, and events, participants are required to comply with a code of conduct; and
WHEREAS, code of conduct violations can pose a threat to property, public safety, health, and
general welfare and undermine the City of Carlsbad’s ability to provide a safe, orderly, and welcoming
community environment for services, programs, and events; and
WHEREAS, this ordinance will enable the city to enforce codes of conduct in City of Carlsbad
facilities in a meaningful way and ensure City of Carlsbad services, programs, and events provide a safe,
orderly, and welcoming environment for the community and for city staff working at those facilities.
NOW, therefore, the City Council of the City of Carlsbad, California ordains as follows that:
1. The above recitations are true and correct.
2. The proposed action to amend Carlsbad Municipal Code Chapter 2.16 and to add
Chapter 11.33 concerning a code of conduct for public facilities, services, programs and events is
exempt from environmental review under CEQA Guidelines Section 15061(b)(3) and 15378(b)(5), as it
can be seen with certainty that there is no possibility the proposed action may have a significant effect
on the environment.
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Title 2, Chapter 2.16, Section 2.16.060 is amended to read as follows:
2.16.060 Recommendations to City Council.
The Board of Library Trustees may make recommendations to the City Council and advise the
City Council in matters pertaining to the following:
A. The duties and powers of the librarian and other library employees;
B. The number of employees;
C. The purchase of equipment, real estate, and buildings;
D. The advisability and desirability of facilities of the city library;
E. The amounts of monies required to operate the library;
F. Policies related to the administration of the city library, other than rules and regulations
for the use of the library, promulgated pursuant to Chapter 11.33 of this code.
3. Title 2, Chapter 2.16, Section 2.16.085 is amended to read as follows:
2.16.085 Incidental powers of board.
The Board of Library Trustees may do and perform any and all other acts and things necessary
or proper to carry out the provisions of this chapter. The Board of Library Trustees shall further
have the power to promulgate and adopt rules and regulations pertaining to the city library,
other than rules and regulations for the use of the library promulgated pursuant to Chapter
11.33 of this code.
4. Title 2, Chapter 2.16, Section 2.16.105 is amended to read as follows:
2.16.105 Free use of library by residents and nonresident taxpayers—Exclusions.
Every city library established pursuant to this chapter shall be forever free to the residents and
nonresident taxpayers of the municipality, subject always to such rules and regulations as may
be established by the Board of Library Trustees or the City Manager or designee. Any person
who violates any rule or regulation for use of the library may be fined or excluded from the
privileges of the library.
5. Title 11 of the Carlsbad Municipal Code is amended to add Chapter 11.33 as follows:
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CHAPTER 11.33
CITYWIDE CODE OF CONDUCT FOR PUBLIC FACILITIES,
SERVICES, PROGRAMS AND EVENTS
Sections:
11.33.010 Purpose.
11.33.020 Definitions.
11.33.030 Code of conduct adoption.
11.33.040 Enforcement.
11.33.050 Right to appeal.
11.33.010 Purpose.
The purpose of this chapter is to promote a safe, orderly, and welcoming environment for use
and enjoyment of City of Carlsbad public facilities and public services, programs and events.
11.33.020 Definitions.
For purposes of this Chapter, “public facilities” means buildings and real property owned or
leased by the City of Carlsbad and used by members of the public, including community and
recreational facilities, library and cultural arts facilities, and public-serving counter areas and
client meeting rooms.
For purposes of this Chapter, “public services, public programs and public events” mean
services, programs or events which are offered by the City of Carlsbad and available to
members of the public, such as Carlsbad Senior Center programs and Library & Cultural Arts
classes and events.
11.33.030 Code of conduct adoption.
The City Manager is authorized to adopt an Administrative Order providing for the rules and
regulations for the use of public facilities and the use of or participation in public services,
public programs and public events, and to take such other actions necessary to preserve
public facilities and public safety and distribute public facility space among competing uses.
The applicable rules and regulations and consequences shall be posted at each public facility.
11.33.040 Enforcement.
A. Authority to issue notice of suspension and service.
1. Any departmental director or designee or police administrative manager or designee
is authorized to issue a notice of suspension to any individual where there is
substantial evidence the person has violated any rules or regulations for the use of a
public city facility.
2. A notice of suspension may be served on the recipient by one of the following
methods:
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a. Personal service, in which case the suspension is immediately effective upon service.
b. Service by both first class mail and certified mail, postage prepaid, return receipt
requested to the last known address of the recipient based on city records, in which
case the suspension is effective after 5 days from the date of the notice of suspension.
3. The recipient of a notice of suspension need not be charged, tried, or convicted of
any crime or infraction for the notice to be issued or be effective. The notice of
suspension shall be based on observation by city or other government employee,
including a police officer, or may be based upon a civilian report that would ordinarily
be relied upon by police officers in the determination of probable cause.
B. Duration of suspension. The duration of a suspension will vary depending on the
nature and severity of the offense and history of the recipient of the notice of
suspension. The City Manager is authorized to promulgate an Administrative Order
that defines or recommends the duration of a suspension.
C. Content of notice of suspension. The notice of suspension shall be in writing, contain
the date of issuance, describe the behavior that is the basis for the suspension, specify
the length and place(s) of exclusion, be signed by the issuing departmental director or
peace officer, and state that a failure to comply constitutes a misdemeanor offense
under Section 11.33.040(D) of this Code.
D. Violation of notice of suspension. Any person who enters a public facility in violation of
an active notice of suspension issued pursuant to this Chapter may be charged with a
misdemeanor pursuant to Chapter 1.08 of this Code.
11.33.050 Right to appeal.
A. Written notice of the right to appeal shall be included with any notice of suspension
greater than 7 days related to the rules and regulations for the use of public facilities.
B. With the exception of infraction and misdemeanor charges for violations of this
chapter, any person aggrieved by a notice of suspension greater than 7 days may
appeal to the City Manager or designee by filing a written notice of appeal with the
City Clerk’s Office within 10 calendar days of the date of issuance of the decision. The
decision of the City Manager or their designee shall be final.
C. Request for Accommodation in the Appeals Process
1. At any time in the appeals process, the appellant may request an
accommodation due to a disability. The appellant shall make the request to the city’s
ADA coordinator in writing. Any request for accommodation shall include a description
of the appellant’s disability and the accommodation requested. The request shall also
include whether the appellant requests to receive the ADA coordinator’s
determination in an accessible format other than a standard letter (e.g., by telephone,
in large print, etc.).
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2. After reviewing the request for accommodation, the city’s ADA coordinator
may request additional information from the appellant. The appellant will be notified
in a timely manner and in writing (or other accessible format) of the ADA coordinator’s
determination regarding the accommodation request. Any deadlines in the appeals
process will be adjusted to account for a timely request for accommodation and the
time required for an ADA coordinator to respond to such request.
3. In granting an accommodation request, an ADA coordinator has the authority
to modify the appeals procedures described above, so long as the accommodation is
reasonable, maintains the appellant’s right to due process, and complies with any
applicable state laws. If a request for accommodation is denied, the appellant may
appeal the decision within 10 calendar days to the City Manager.
6. This ordinance is intended to be prospective and does not affect any previous or outstanding
suspensions from city facilities.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk
shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of
the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 18th
day of March 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 25th day of March 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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