The URL can be used to link to this page

Home My WebLink AboutAgenda Report - January 3, 2007 L-02_& AGENDA ITEM lfdmmhk JIM CITY OF LORI *W COUNCIL COMMUNICATION TM AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code, Title 9 - "Public Peace, Morals and Welfare", Chapter 9.08 - "Offenses Against Property" by repealing and reenacting Section 9.08.080 "Definitions", adding Section 9.08.115 - "Loitering In Certain Public Places Prohibited" and Deleting Section 9.08.160 - "Violation - Infraction" MEETING DATE: January 3, 2007 PREPAID BY: Jerry J. Adams, Chief of Police RECONMENDEID ACTION: Introduce Ordinance Amending Lodi Municipal Code, Title 9 - "Public Peace, Morals and Welfare", Chapter 9.08 - "Offenses Against Property" by repealing and reenacting Section 9.08.080 "Definitions", adding Section 9.08.115 - "Loitering In Certain Public Places Prohibited" and Deleting Section 9.08.160 - "Violation - Infraction" BACKGROUND INFORMATION: At a recent meeting of the 2x2 Committee, comprised of a City Council member, City staff, Lodi Unified School District (LUSD) School Board members, and LUSD Staff, the topic of unauthorized people on school property was discussed. Specific concerns were the costly repairs to property damaged by graffiti and vandalism at Heritage School and other campuses, and the frustration and cost incurred with trash clean-up on school properties after school hours. The Committee, Chaired by Mayor Bob Johnson, requested that Police Department staff assess the situation and provide a viable solution to the problem. Based on additional citizen complaints and concerns voiced by the Community Center and Parks and Recreation Department, the Police Department, in cooperation with the City Attorney's office, drafted the proposed ordinance amendment to protect the safety of the general public against actions of certain individuals who willfully enter, remain, or loiter in specified public places. Section 9.08.080 will be repealed and reenacted to focus, specify, and define: A. "Posted Property" B. "Sign" C. "Community Center" D. "Recreation Faoility" E. "School Property" '� Blair King, City Manager Introduce Ordinance — Loitering in Public Places January 3, 2007 Page Two Section 9.08.115 has been added to stipulate and set forth that loitering in certain public places is prohibited and against the law. Particular areas addressed include any community center, recreation facility or school property derated under the jurisdiction of the City of Lodi, the Lodi Parks and Recreation Department or the Lodi Unified School District that has been posted in accordance with this Article. The proposed ordinance amendment is timely and appropriate because current City regulations are insufficient to address prevalent situations. The goal of the proposed ordinance amendment is to protect citizens end property from certain individuals' actions which has become an unacceptable behavior within the City of Lodi. FISCAL #MPACT: None FUNDING AVAILABLE: NIA CZ,vw. Je6 J. Ad6ms Chief of Police JJA:sm Attachments cc City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE, TITLE 9 - "PUBLIC PEACE, MORALS AND WELFARE", CHAPTER 9.08 — "OFFENSES AGAINST PROPERTY" BY REPEALING AND REENACTING SECTION 9.08.080 "DEFINITIONS", ADDING SECTION 9.08.115 - "LOITERING IN CERTAIN PUBLIC PLACES PROHIBITED" AND DELETING SECTION 9.08.160 — "VIOLATION — INFRACTION" ------------------------------------------------------------------- ------------------------------------------------------------------- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 9, "Public Peace, Morals and Welfare", Chapter 9.08 — "Offenses Against Property", Section 9.08.080 is hereby repealed and reenacted to read as follows: A "Posted property" means any property specified in Section 9.08.090 which is posted in the manner provided in Section 9.08.100. B. "Sign" means a board, placard or card not less than seventeen inches by twenty- two inches in size with lettering not less than one inch in height, appear the "Stopping, Standing or Parking Vehicles Prohibited by Law. Vehicles Will be Removed at Owner's Expense. LPD Phone (209) 333-6727" as to stopping, standing or parking, or upon which appear the words, "Trespassing -Loitering Forbidden by Law," and any time limit that may be specified thereon, as to trespassing -loitering. C. "Community center" means any building or structure, or portion thereof, operated by or under the jurisdiction of the City of Lodi or City of Lodi Parks and Recreation Department and used for a planned recreation program. D. "Recreation facility" means any building or structure, or portion thereof, operated by or under the jurisdiction of the City of Lodi or the City of Lodi Parks and Recreation Department and used for recreation purposes. E. "School property" means any building, structure or property, or portion thereof, operated by or under the jurisdiction of the Lodi Unified School District and used for education or recreation purposes. SECTION 2. Lodi Municipal Code Title 9, "Public Peace, Morals and Welfare", Chapter 9.08 — "Offenses Against Property" is hereby amended by adding Section 9.09.115 "Loitering in Certain Public Places Prohibited" to read as follows: Section 9.08.115 — Loitering in Certain Public Places Prohibited. It is unlawful for any person to willfully enter, remain or loiter in or about any community center, recreation facility or school property operated by or under the jurisdiction of the City of Lodi, the Lodi Parks and Recreation Department or the Lodi Unified School District that has been posted in accordance with this Article, when said property or any section or part thereof has been declared closed, whether temporary or J:ADMI N/CITY/ORDINANCE/ FinalLoiteringOrdinance.doc at stated intervals, and whether entirely or merely as to certain uses by an authorized employee or representative of said city, department or school district, as applicable, except when said person is given permission to do so by an authorized employee or representative of said city, department or school district, while said person is using the facilities of, or is participating in, a planned program at any such community center, recreation facility or school property. SECTION 3. Lodi Municipal Code Title 9, "Public Peace, Morals and Welfare", Chapter 9.08 — "Offenses Against Property", Section 9.08.160 "Violation — Infraction" is hereby repealed in its entirety. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 7. This ordinance shall be published one time in the "Lodi News -Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi and shall take effect thirty days from and after its passage and approval. Approved this day of , 2007 BOBJOHNSON Mayor Attest: RANDI JOHL City Clerk ------------------------------------------------------------------- ------------------------------------------------------------------- State of California County of San Joaquin, ss. -2- I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held January 3, 2007, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 2007, by the following vote: AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: D. STEPHEN SCHWABAUER City Attorney LA Janice D. Magdich Deputy City Attorney RANDI JOHL City Clerk -3- LODI P94o.1 A& 7 w 0 om, :4 pil TL I Lm Loiteri ng /O(d i Oa nce Presented by;/Ltd Chit S LIN erg, BACKGROUND ■ City of Lodi & Lodi Unified Sc ■ A committee of elected is s arretafF members . Discussing common is . Identified Problems . Damages, Graffiti, Va Criminal Activities, an to Schools, Parks, & E ■ Resulting in costl cle s & concerns rants, Vandalism, Other Una thogm- dw9ven -s aildin6�. n -up and repairs '� STAKEHOLDERS ■ City of Lodi ■ Lodi Unified Sch ■ Students ■ Parents ■ Neighbors ■ Tax payers of th DISCUSSION ■ What can we do to address the Pro ■ Tool N Stockton Ordinanc ■ More emphasis on enforce ent ■ Intent of Ordinance . Spirit vs. Letter ■ Supporters ■ Catherine Pennington, LU D ■ Tony Goehring, Park & R ■ Steve Baker, Co m m U n ity Ah Asst. Superintendent reatibn DireltoJ nter Direc L141 0 RECOMMENDATIONS . Adopt ■ Ordinance 9.08. ■ Addition of Desc • Community Cen- • Recreation Facil • School Property ■ Repeal ■ Section 9.08.161 CAN Ul QUE L'O 401k From: jams baum [mai*D:baum209@hotmaii.com] S4*t: Wednesday, January 03, 2007 10:40 AM TIBC Randi Johl; Susan Hitchcock; Bob Johnson; JoAnne Mounce; Phil KaUakian; Larry Hansen Ubj.ct: Loitering Ordinance I read with interest that the City Council was going to tackle tonight -- at some level - the growing problem of loitering and vandalism by the homeless in our City. As the owner for 40 years of Shady Acres Mobilehome Park on Lockeford Street, I have had literally no problems in our community until about 18 months ago when the homeless began camping near the 99 Bridge and surroudings -- and use my property as a "short cut" to Cherokee Lane. We've had instances of vandalism, persons sleeping on homesites, and just plain "scary folks" walking through our senior community late at night when they have no reason to be there. I understand that there are issues of free speech and constitutionality, but what about the rights of others to have freedom from aggression and fear? I urge you to expand any ordinance to include trespassing on private property and any other provisions which will protect the tax -paying citizens of Lodi from these intrusions. Sincerely, James Baum 1225 Rivergate Drive Lodi CA 95240 Fixing up the home? Liye Search can help