The URL can be used to link to this page

Home My WebLink AboutMINUTES - 10191993 - FC.1 FC. TO: BOARD OF SUPERVISORS • �f' '' Contra - ,,,&An Costa w . County FROM: Finance Committee .;�° Supervisor Gayle Bishop - Supervisor Tom .Powers rq coux� DATE: October 19, 1993 SUBJECT: Proposed Loitering Ordinance (Finance Committee Meeting of October 11, 1993) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): 1. APPROVE ordinance prohibiting loitering for the purpose of drug related activities. (attached) 2. DIRECT County Counsel to finalize ordinance and list on Board agenda for final adoption. 3. REQUEST Superior and Municipal Court judges to include loitering provisions as part of the conditions of probation for persons convicted of drug offenses, and DIRECT County Administrator to write to all judges conveying this request. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): On March 23, 1993, the Board of Supervisors directed the County Administrator and County Counsel to review the City of Monrovia's ordinance on loitering for drug activities. The ordinance has been reviewed and County Counsel has constructed a proposed draft of an ordinance using that city as a starting point. The County Counsel's draft has been circulated to the Sheriff, District Attorney and County / Probation Officer. All support the ordinance in principle and believe it will be a useful tool. Enforcement and implementation, however, will be constrained by available resources. The Finance Committee further considered the proposed ordinance at its October 11 meeting and is making the above recommendations. CONTINUED ON ATTACHMENT: _YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE _APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON C + 1993 APPROVED AS RECOMMENDEDX_OTHER VOTE OF SUPERVISORS XX _ 1 HEREBY CERTIFY THAT THIS IS A _UNANIMOUS (ABSENT - ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact George Roemer,646.4855 ATTESTEDOC t. 19 , 1993 cc: CAO District Attorney PHIL BATCHELOR,CLERK OF Sheriff-Coroner THE BOARD OF SUPERVISORS County Probation Officer AND COUNTY ADMINISTRATOR County Counsel BY� DEPUTY i TO: BOARD OF SUPERVISORS .*'�'� Contra n Costa FROM: Finance Committee Supervisor Gayle Bishop' . �� County Supervisor Tom Powers ��sTa'c4L]tt� DATE: October 19, 1993 SUBJECT: Proposed Loitering Ordinance (Finance Committee Meeting of October 11, 1993) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): 1. APPROVE ordinance prohibiting loitering for the purpose of drug related activities. (attached) 2. DIRECT County Counsel to finalize ordinance and list on Board agenda for final adoption. 3. REQUEST Superior and Municipal Court judges to include loitering provisions as part of the conditions of probation for persons convicted of drug offenses, and DIRECT County Administrator to write to all judges conveying this request. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): On March 23, 1993, the Board of Supervisors directed the County Administrator and County Counsel to review the City of Monrovia's ordinance on loitering for drug activities. The ordinance has been reviewed and County Counsel has constructed a proposed draft of an ordinance using that city as a starting point. The County Counsel's draft has been circulated to the Sheriff, District Attorney and County Probation Officer. All support the ordinance in principle and believe it will be a useful tool. Enforcement and implementation, however, will be constrained by available resources. The Finance Committee further considered the proposed ordinance at its October 11 meeting and is making the above recommendations. CONTINUED ON ATTACHMENT: _YES SIGNATURE: —RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _APPROVE _OTHER C SIGNATURE{S}: Cr ACTION OF BOARD ON C tO eT 12 , 199XPPROVEDASRECOMMENDEO�OTHER VOTE OF SUPERVISORS X I HEREBY CERTIFY THAT THIS IS A _UNANIMOUS{ABSENT } TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:George Roemer,646-4855 ATTESTED dC t • 19 , 1993 cc: CAO District Attorney PHIL BATCHELOR,CLERK OF Sheriff-Coroner THE BOARD OF SUPERVISORS County Probation Officer AND COUNTY ADMINISTRATOR County Counsel BY DEPUTY ORDINANCE NO. 90 37 AN ORDINA GE OF! THE GITY GGUNGIL QF -THE GITY OF! ?10NRGV!Ai GALIFG-RNIA, ADDING GIMPTER 9 0 TO THE A MUNIGIPAL GODS RELMING TO LOWERING PURPOSE OF DRUG RHLME;D-_AGT-1V1-T1-.9& THE CITY GOUNCIL OF THE CITY OF MONROVIA, GALIPOP-NiA, DOES ORDAIN AS F4GE&QW&4- SECTION 1: Ghapter 9 . 60 is heEeby added te the MenEevia Hunlelpal Gqde to read as fellewGa CHAPTER 4-,64 LOITERING FOR DRUG ACTIVITIES 9 . 60 . 014 Acts Prohibited. It is unlawful for any person to loiter in, on or near any thoroughfare or place open to the public or near any public or private place in a manner and under circumstances manifesting the purpose of engaging in drug-related activity defined as offenses in Chapters 6 and 6 .5 of Division 10 of the California Health and Safety Code. 9 .60 .424 Circumstances . Ameng Any of the following circumstances that may be considered in determining whether soh the purpose of engaging in drug-related activity is manifested are that the persen bV aloitering person, and such circumstances are not exclusive: A. The person -1-is a known unlawful drug user, possessor, or seller. For purposes of this chapter, a "known unlawful drug user, possessor, or seller- is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the - use, possession or sale of any of the substances referred to in Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code, er- sueh -persen has bee 'ted of any elation ef -a.. ' e f--the ---vilens ef said sa etlens -r- substantially siellar- laws ef any pe�-I&tleal subdi-.4slen ef this state 9� ef.. aay e ther- state; 9- _..he B. The person displays physical characteristics of drug intoxication or usage, such as "needle tracks" ; er, C. The person possesses drug paraphernalia, puEsuant tu Chapter 9 .04 of this Gede-A,- D.R, The person is currently subject to an order prohibiting his or her presence in a high drug activity geographic area; E.G_W_ The person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug- related activity, including by way of example only, acting as a "lookout. " F.D, The person is physically identified by the officer as a member of a "gangj " or association which has as 4rt-r, a purpose illegal drug activity; G.E,,- The person transfers small objects or packages for currency in a furtive fashion; H.F--,,- The person takes flight upon the appearance of a police officer; I.G-.- The person tries to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity; J.R, The person is in an area that is known for unlawful drug use and trafficking; K.-I, The person is on or in premises that have been reported to law enforcement as a place suspected of unlawful drug activity; L.J, The person is in or within six feet of any vehicle registered to a known ' unlawful drug user, possessor, or seller, or a- person for whom there is an outstanding warrant for a crime involving drug- related activity. SEGTION 2; Enfereement of this Or-dinanee shall b& pursuant t9 - the pelley statement dated -FebEuaEy 23 , !990, as amended Nevember 15, 1990, issued by the Ghlef of Pellee. T%--_ Ghlef ef Pellee shall EepeEt ially te the Gity Geunell on the eafereement of this Ordinanee. SEGTION 3& The Gity Glerrk shall eeEtIfy to the passage- and adeption ef this eEdInanee, and eause the same te be. published in the manner pEeseElbed b law !NTRODUGED this 20th day of NevembeE, 4:990 . DgVEPIDANT DOCKET# SPECIAL CONDITIONS OF PROBATION NARCOTICS OFFENSES/OFFENDERS As a result of being arrested and convicted of this court has placed you on probation,with the following special conditions.The special conditions are: 1. Do not engage in acts involving narcotics,or possess drug paraphernalia; 2. Do not, flag down, or approach passing motorists or pedestrians; 3. Procure/maintain and carry a valid California Drivers's License or Department of Motor Vehicles Identification Card containing your true name;display same to any police officer/deputy sheriff on request; do not use any other name for any purpose; 4. Do not frequent areas that-are known for unlawful drug use and trafficking; 5. Do not come within one block in any direction of areas considered to be high narcotics trafficking areas, in Contra Costa County,except when conducting lawful business: North Richmond Area A) 5th and Market B) 3rd and Grove C) 5th and Silver D) E) F) West Pittsburg Area A) Bayview &Willow Pass Rd. B) Area around 39 N. Broadway C) Area around 110 Bailey D)N. Bella Monte& Willow Pass Rd. E) Bella Vista&Willow Pass Rd F) G) H) 6. Do not behave in such a manner as to raise a reasonable suspicion that you maybe about to engage in gr are then engaged in an unlawful drug-related activity,including by way of example only,acting as a "lookout"; 7. Transfers small objects or packages for currency in a furtive fashion; 8. Takes flight upon the appearance of a peace officer; - 9. Tries to conceal yourself or any object which reasonably could be involved in an unlawful drug- related activity; 10. Be on or in any premises that has been reported to law enforcement as a place suspected of unlawful drug activity. If you are found in violation of these"SPECIAL CONDITIONS",an on-view arrest by a peace officer can be made for violation of probation, or a petition can be filed to modify probation based on your original offense. Arrest authority is codified in Section 1203.2a of the Penal Code[rearrest of probationer- Revocation of Probation]. ACS-6/93 D-307