HomeMy WebLinkAbout2018-06-12; City Council; ; Introduce an ordinance adding Chapter 11.46 (Temporary Restrictions on Public Property) to Title 11 of the Carlsbad Municipal Code to authorize temporary restrictions durJune 12, 2018
CA Review tY°
~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Mayor and City Council
Kevin Crawford, City Manager
Beverly A. Roxas, Deputy City Attorney
Beverly.roxas@carlsbadca.gov
Mickey Williams, Police Capitan
Mickey.williams@carlsbadca .gov or (760} 434-2891
Cindy Anderson, Senior Management Analyst
Ccindy.anderson@ carlsbadca .gov or 760-931-2170
Introduce an ordinance 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.
Recommended Action
Introduce an ordinance 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.
Executive Summary
Based upon recent nationwide events, the police department recommends amending the
Carlsbad Municipal Code to authorize the City Manager, upon the recommendation of the Chief
of Police, to issue restrictions during certain events, particularly demonstrations and protests.
The restrictions would include: (1) prohibiting weapons at demonstrations and protests; (2)
prohibiting concealment of identity via the wearing of masks; and (3) authorizing the designation
of assembly areas for event participants.
This amendment is necessary for the City to take proactive measures to lessen the risk of unlawful
and violent behavior during certain events. If this amendment is approved, the City will be able
to quickly respond to anticipated threats of violent or non-peaceful behavior, while at the same
time ensure all persons the right to peacefully gather. Amendments to the Carlsbad Municipal
Code must be approved by the City Council.
Discussion
Recent demonstrations from Charlottesville, Virginia to Berkley, California have involved conflicts
between persons armed with weapons and have resulted in violent behavior causing serious
injuries to persons and damage to public and private property. Injuries to persons and property
June 12, 2018 Item #12 Page 1 of 9
may have been minimized if individuals were prohibited from bringing objects that could be used
as weapons and groups with opposing points of view were separated.
Police experts across the nation are now advising that advance preparation is vital to ensuring a
peaceful demonstration for the demonstrators as well as the public. Part of this advance
planning involves potentially: (1) prohibiting weapons at demonstrations and protests; (2)
prohibiting people from concealing their identity, and/or, (3) creating designated demonstration
areas for persons with different points of view. These temporary restrictions do not curb
anyone's right to demonstrate. Rather, these temporary restrictions are intended to allow
people to demonstrate without the threat of intimidation or violence from persons with opposing
points of view.
People have worn masks in recent demonstrations to conceal their identity. This increases the
chances of unlawful behavior as these individuals may feel that they cannot be identified by law
enforcement officials. To reduce the risk of unlawful behavior, the wearing of masks by
individuals may be limited to those individuals who wear them for religious, health or expressive
reasons.
Protests bring together people with varying points of view. When people with varying points of
view are in close proximity, tempers may flare, leading to physical assaults between the groups
and/or damage to public and private property. To reduce this risk, when necessary, protesters
with opposing views should be separated from each other, but at the same time, ensuring their
right to have their point of view heard.
Demonstrations and protests may be organized on short notice. The short notice does not allow
staff ample time to bring forward to the City Council any request for action that may help
preserve the peace, protect persons and property, while at the same time allowing people the
right to demonstrate and protest. Thus, this ordinance is desirable to ensure that the city can
quickly respond to anticipated civil disturbances while at the same time preserving the public
peace, health, safety and welfare. Its function would be to proactively address the concerns that
may arise during events anticipated to involve conflict and non-peaceful behavior. Through
anticipation and preparation, the city will be able to lessen the risk of civil disturbances and the
level to which they arise while at the same time ensuring all persons the right to peacefully
demonstrate.
The ordinance will allow for the City Manager (or designee) to issue a temporary restriction when
there is an upcoming event where participants are reasonably expected to engage in conflict and
non-peaceful behavior, upon the recommendation of the Chief of Police. The restriction will be
limited to prohibiting items that could be used as weapons from being brought to the
demonstration, preventing people from concealing their identity, and allowing the designation
of assembly areas for participants. This will lessen the risk of unlawful and violent behavior and
protect the right of individuals to participate without the threat of intimidation or violence.
Fiscal Analysis
No direct fiscal impact is anticipated as the result of this action.
2 June 12, 2018 Item #12 Page 2 of 9
Next Steps
This ordinance will be set for adoption which will authorize the City Manager to issue these
temporary area restrictions when necessary. Once adopted, the ordinance will take effect 30
days after the date of adoption.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change in
the environment, or a reasonably foreseeable indirect physical change in the environment, and
therefore, does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Ordinance 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.
2. Redline version of ordinance.
3 June 12, 2018 Item #12 Page 3 of 9
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 of the community.
June 12, 2018 Item #12 Page 4 of 9
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 ofthe 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 12, 2018 Item #12 Page 5 of 9
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) of this 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 12, 2018 Item #12 Page 6 of 9
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the
day of ______ , 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
MATI HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
June 12, 2018 Item #12 Page 7 of 9
11.46 TEMPORARY RESTRICTIONS ON PUBLIC PROPERTY
Sections:
11.46.010 Definitions
11.46.015 City Manager Authorization
11.46.020 Procedure
11.46.025 Warning Required in Certain Cases
11.46.030 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
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.
Exhibit 2
June 12, 2018 Item #12 Page 8 of 9
11.46.20 --~P~ro"""'cc..ce'"""d'"""u~r~es~.
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 1.08.010(8) of this code, but may be charged, in the discretion
of the city attorney, as an infraction.
June 12, 2018 Item #12 Page 9 of 9
Captain Mickey Williams
Deputy City Attorney Beverly Roxas
June 12, 2018
Temporary Restrictions on Public Property
Background
•While reviewing police planning and
responses related to several protests in 2017,
the police department has learned
recommended strategies in safely dealing
with protests
Ordinance Objective
•Provide opportunities for persons to engage in protected speech and assemblies
•Provide security and safety to persons and property
•Proactive empowerment of City Manager and Police Chief to address safety issues
•Provides ability for city to quickly respond to potential safety issues
Chapter 11.46 Carlsbad Municipal Code
•Provides City Manager the ability, on a case-by-case basis, to issue temporary restrictions during certain events
–Prohibit potential weapon possession
–Prohibit concealment of identity
–Establish designated demonstration areas for persons with conflicting points of view
–Violation is misdemeanor
Recommended Action
Introduce an ordinance 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.