HomeMy WebLinkAbout2018-06-26; City Council; CS-332; AN ORDINANCE ADDING CHAPTER 11.46 (TEMPORARY RESTRICTIONS ON PUBLIC PROPERTY) TO TITLE 11 OF THE MUNICIPAL CODEExhibit 1
ORDINANCE NO. CS-332
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING
CHAPTER 11.46 (TEMPORARY RESTRICTIONS ON PUBLIC PROPERTY} TO TITLE 11 OF THE
CARLSBAD MUNICIPAL CODE TO AUTHORIZE TEMPORARY RESTRICTIONS DURING
CERTAIN EVENTS WHERE IT IS REASONABLY ANTICIPATED THAT CONFLICT OR NON-
PEACEFUL BEHAVIOR MAY OCCUR.
WHEREAS, the City Council of Carlsbad, pursuant to its police powers under the
California Constitution has the authority to enact laws which promote the public health,
safety and general welfare of its citizens; and
WHEREAS, recent events across the country have involved conflicts between persons
armed and equipped with items intended for use as weapons and other implements of riot,
including knives and daggers; shields; poles, sticks, dowels and baseball bats; pepper spray;
axes and axe handles; tasers; torches; clubs; bricks and rocks; and firearms; and
WHEREAS, some individuals armed and equipped with such items have worn material
over their faces with the intention of disguising themselves from law enforcement officers
and intimidating others; and
WHEREAS, the danger to public safety, health and welfare posed by the presence of
such items have been demonstrated in multiple counties and cities during recent events; and
WHEREAS, the risk of violence is heightened when participants with opposing
viewpoints gather in the same area with limited space between themselves; and
WHEREAS, this ordinance will enable the city to preemptively implement area
restrictions consistent with the U.S. Constitution and the laws of California, which will reduce
the likelihood of violence and injury; and
WHEREAS, staff recommends introducing this ordinance to protect and preserve the
health and welfare ofthe community.
June 26, 2018 Item #18 Page 2 of 5
NOW, THEREFORE, The City Council of the City of Carlsbad, California ordains as
follows that:
The above recitations are true and correct.
Title 11 of the Carlsbad Municipal Code, is amended to add Chapter 11.46 as follows:
11.46 TEMPORARY RESTRICTIONS ON PUBLIC PROPERTY
Sections:
11.46.010
11.46.015
11.46.020
11.46.025
11.46.030
Definitions
City Manager Authorization
Procedure
Warning Required in Certain Cases
Violation -Penalty
11.46.010 Definitions.
For the purposes of this chapter, the following definitions apply:
"Weapon" shall mean anything used, designed to be used, or intended for use: (a) in
causing injury or death to any person; or (b) for the purpose of threatening or
intimidating any person with injury or death.
"Implements of riot" shall mean any item able to or likely to cause harm and anticipated
to be used for a purpose other than its intended use.
"Exigent Circumstances" shall mean a situation or circumstance that requires immediate
action.
11.46.015 City Manager Authorization.
A. The City Manager or designee, upon the recommendation of the Chief of Police,
is authorized to issue a temporary restriction within the City of Carlsbad,
California as is necessary to preserve public health, public safety and property
during planned, proposed or anticipated events to be held on public property
owned and operated by the City.
B. Temporary restrictions shall be limited to the establishment of:
1. prohibitions on weapons and other implements of riot; and
June 26, 2018 Item #18 Page 3 of 5
2. prohibitions on attire that conceals a person's identity, and is not worn for
any religious, health or expressive purpose; and
3. measures to help facilitate the event in a safe direction and ensure traffic
control, including but not limited to the designation of assembly areas.
C. Temporary restrictions issued pursuant to this section shall be narrowly tailored
and consistent with the U.S Constitution and the laws of California.
11.46.20 Procedures.
Prior to issuing a temporary restriction, the City Manager or designee, upon the
recommendation of the Chief of Police, shall make the following findings:
a. An event is planned, proposed or anticipated to be held on public property; and
b. There is a reasonable expectation that persons attending the event intend to
engage in conflict and non-peaceful behavior.
11.46.025 Warning Required in Certain Cases.
The temporary restriction shall be posted, by signage at the event site and on the city's
website at least 24 hours before enforcement of the regulations authorized by this
chapter, except that no warning shall be required in exigent circumstances as
determined by the city manager or the city manager's designee.
11.46.030 Violation -Penalty.
The violation of a temporary restriction issued pursuant to this chapter is a
misdemeanor punishable as set forth in Section 1.08.0lO(B) ofthis code, but may be
charged, in the discretion of the city attorney, as an infraction.
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 it to be published at least once in
a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
June 26, 2018 Item #18 Page 4 of 5
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the
day of June 12, 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of
Carlsbad on the 26th day of June, 2018, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, M. Packard.
NOES: C. Schumacher.
ABSENT: None. ~Jl;/J
MATT HALL, Mayor
lim~17Aff~
~BARBARA ENGLESON, City Clerk
(SEAL)
June 26, 2018 Item #18 Page 5 of 5