HomeMy WebLinkAboutMINUTES - 02281995 - S.8 TO: BOARD OF SUPERVISORS S 8
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FROM. JIM ROGERS, SUPERVISOR, DISTRICT 1
j Costa
County
7•!r '4�
February 23, 1995
DATE:
SUBJECT: ORDINANCE TO PERMIT LAW ENFORCEMENT OFFICERS TO STOP AND
QUESTION INDIVIDUALS WHO ARE LOITERING WHERE THERE IS STRONG
EVIDENCE THAT THE INDIVIDUAL IS ENGAGING IN DRUG SALES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
REQUEST the County .Counsel, in consultation with the Sheriff and
District Attorney, to advise the Board of Supervisors on the
feasibility of drafting an Ordinance similar to those adopted in
Richmond and Monrovia which would permit law enforcement officials
in the unincorporated area of the County to stop and question
individuals who are loitering and appear to be selling drugs .
BACKGROUND:
Attached is a copy of an Ordinance that was adopted by the City of
Richmond in 1993 which makes it unlawful for any person to loiter
in public in a manner and under circumstances which strongly imply
that the individual is selling. drugs .
Also attached is an article from the League of California Cities
magazine regarding a conviction obtained under a similar ordinance
in Monrovia, California.
I believe that the County needs a similar law which will allow law
i enforcement officers to stop and question suspects when there is a
strong circumstantial pattern of evidence that the individual is
loitering in -order to deal drugs, but the officers can't catch the
individual in the act of selling drugs . For example, an individual
repeatedly goes out from a street corner late at night and huddles,
with people in cars . Although not a "silver bullet'.' that will cure
all our problems with street corner drug dealing, it is an
additional arrow in the quiver of our law enforcement personnel .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
i
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER XX
REFERRED to the Internal Operations Committee to review ,the feasibility of
an ordinance as stated above ; REQUESTED the Human Relations Commission to
review the proposal and submit its report to the Internal Operations Committee.
i
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANITOUT(ABSENT5 2 ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: > > NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENTT: 3 ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED February 28 , 1995
Contact: 1 . 0. Committee PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: County Administrator SUPERVISGRS AND COUNTY ADMINISTRATOR
County Counsel
District Attorney
Sheriff-Coroner BY-4
DEPUTY
Human Relations Committee
r�
Monrovia9s Drug Loitering
Ordinance Targets
Sales Of Rock Cocaine
0 n Novernbw 21,1992, Rayrnand R. Ramkw was ibund guilty rncnt rrocived 6;upwrt and favorable:Coll,
of violating the Cita(of Monrovia's ordinance prohibiting IoI_ rneiiw from eltizens living In lire target
tering for the purpose of engaging in drug-related activitles. area".Citizens itated they imme-Eliately saw
it was one hopefully final step in a case that went all the way to the Improvcanc»t iii their nrighborhoodswhen
worCalifornia Supreme Court before the state's highest court denied had been
ra,mincnancc
� 1� had been approved by the(:ouncit and
review of an appellate court ruling whlcb allowed the ordinance to lrrdic e.wcrc cntbrcing it.
stand.The city hopes the ordnance will provide a muchoeeded tool
for addressing the problem of street sales of rock cocaine. portly alter adoption of the ordi-
nance,Monrovia's 5px•ical Enfonxr
like many other communities across Our the effectivene-6m of the:urdinaneu at the Sment'tiam,normally assigned to
nation, Monrovia was experiencing an end of six rnunths. Narcotics and Gang SSuppr ussioit, was
Increase in Vie street sale*;of rock sgcaine. mkected to hupletrtiart its provisions.!liter
Residents regularly appeared at City the trial periud,Bac'ycie Patrol0ffcxxs and
Meet,
rase adoption of the Ordinance,
Council meetings to beg that sotrnething be Narcotics Detectives also weave trained and
dune noun!the drug dealers in ttrcir neighhe Ma�ytu',City Council,and ream
of the Pnitre Department met au hor•ized to enforce.the ordinance:.
borhoods.However,with the elaborateministersAll officers rrx-eivrd four hours of train-
earlv-waming system aniong drug dt:alers '"'d'O1t'aa"�"gruu3i3, ,cornmuni- r.n tlic philosophy and mals of the
operating an(lie strects,itwas very difficuli ty activists and Neighborhood Watch ordi p p
nts
for police to establish proper grounds for an groups to discuss what we wanted to 'nano•ordinance,
,l igang ibackground,ndudcd en-
arrest with the ordinance- of the ordinance,legal background,eo-
arr est that.would hold tip in court: f0r0entent Rtii(Wine:s,use arse!01141catian,
The Monrovia Police staff investigatod It is intportaut to nota that somt mem- reporting elrntcerils,deparimont policy
a successful ordinance being used in bers of the community fell thatthe ordi- and community sensitivity.Oncx trained,
Tacoma,Washington,and propowd a sim- nance might be unevenly enforced.lliat is
to say, ,hal certain ciluiic or minority the officers aQi out to enforce•the ordi-
ilar law for Monrovia.On March 20,1%0, nano :onc>: f Moriruvia s high drug'
the Monrovia City Council adopted the. groups might rixenvc.Ttiwre cmforvinnient
Chan otltrr�.s involved in the same activity, salm,areas.
ordinance which states:"ft it unlawhrl for When the�rdlnanre was implement-
any person to loiter in,on,or near any We continual to assure flixmi ovr Roal war;
thoroughfare or place open to the public to improv.the citizens'quality of life acrd ed, the target arenas were considered
or near any public or private place in a
reestablish the safety of their neighbor- Monrovia's mast adivC areae for BRIM Of
manner and under circumstances maid- hoods by eliminating drug sales on their ruck cocaine.The loc,�itions were not only
resting the purpose of engaging in drug- street&We solicited their input in devrlr>p- well known to Monrovia drug;users,but
related aetiviticti." ing the ordimincr and requirements of the also to users l'Mm in other Putts of die Sart
The City Council also established a six- training progrwit for police..officers who (.abriN V`r111r' .
month trial period for the ordinance, would be as4gried to enforce theordiutattoe. 1'hrri%R t3ie following;two numth%,video-
Enforcenrut was limited to officers.win After significant work together,we were taped survdlla ices were conducted from
wentthnrugh a gx6frc,ally-designed train- Able 10 rmlve:the concerts of residents Ktationary posifions in both vehicles and
ing program.The.Chief of Police was in, and receive their active support. buildings.Teri individualn w<4-:arr"ted
structed to report back to the Council on During the trial pedrml,the Police Dc- for violation of-the.ordinaricr and enforce
parltrttintetiniiitued to workdosely with the mint often led to itiore serious charges.
community to idniaty;uid re!aitve airy p mlr i or exaniple: '
Bob Barfleft is the Mtgaynr of Mesomvla and leets with the emdinanoe or its mdorcenical. Suspect#k Charged with viohiiion cif the
$ Joe S=tvro is the Police C9rtg(uf thud ri/X The City Council and the Polloe Depart' drug loitering ordinance,transportation
I.a fin's:Or CAr.ttnittntiA i,'_-,ms
tsy Rob fiefWett and Joe Soittaro
and Bale of oncair►c,possessluir of ixx eine refiled by the city attorney as a possession We have subsequently learned the
parapbernalia, and violation of parole. of marijuana charge.The suspect pled Public Defcnde r:i1ans to viguronsly oppose
bleposlNon:Convicted on the sales of chi]- guilty to the cltarj a and was fuse, $94. the Ordinance al every step.In au effort to
trolled substance charge and awnicxicud to maximize our efforts,establiQh case law
three year€in state prison, Suspect#9.0:Charged with vialal-nig floe mid free the City of the signifiuutt Aliorilcy
drug kiile:ritig ordinance,Dtspttsition:rite
Suspect 42: Charged with violating the defendant unsuccessfully challcitged the fees that would occur btcau-e of the
drug loitering urdinarwe,sale or cocaine, csntstltutlonality of the ordinance in the Public Defendre's plans,we asked the i,os
session of cocaine trial and appellate courts,'f�le California Angt:kw County-Distiki Apurney'soffrce
Ito-�• parapltcrttalia and ppcl
vlolatloo of parole.bisposttlan:Cwivided Supreme.Court denled the defendant's L0 talus over the casr..Disti ict Atturn(:y Ira
on the salsa of controlled substance petition to rev)ew tite lower court:-de-1- Rtiixx assert ilius Itre asireti-r.cc9111 prust�cu-
charge and sentenced to three years in sions.'1lie stisjmct was convicted on the tion of this east.will baw.niguifocatif help a'1
state prmni. ULEi ge and hived a:RMay seatten4e, on law eitforccritwit's ability to address
eu•rx•ci salt::;of eo.:k eucaine. lie subae-
Suspect #S:Charged with violating Lite quently►agreed to Have hik office proses ule
Rated
cat►se fVlonrovia's UrdinaiZCC was
drug Irketing ordinance.Disposition:The the case and Handle all appeals.
suspect pled guilty aitd was sentenced tou'fit�t in California,we had antici.
three years probation and a fine of$7115, a constittiticriutl cllallr.ii�:turd
stressed t.hc:na:d for ckmrly documentedow that MonrovWs Drug(,)tering
Suspect#4:Charge:d with violatux#;the violatknsthatwould survive Wchalleage Orditimice.haswithstoodamwewivc
drugloiteiin y,ordinaticc.Dapmltkn:Caw. When the loos Angeles County Public Nconstitutional challciMcs by the
dismissed in Ilse inteiv*t of justice. Deicilder's Office decided to test tote can- Public Defender¢Office,the department
suspect#S:Charged with violating the aCtuflonality of tlx:trrdinance,stir tlrjiurt- has again started enforcing the omctin:mce,
drug loitcriti£;o,:linatior_Disposition:"Ilea mcnl stopped enforcing the ord'otimim cavil The Chief of Police is required to giver
stispect Pled guilty to the charge and was ilio npix`xl lnr ease wwi cm ripkicol. geml•ativitud status reports 10 the C:oundl to
wiltenced to throe years probation and a 711e Public Defi:nde?cs licishiort was tltat. insure the 6pM1 of[lie law reinains intact,
fine of$7M, the slates eximing lbws regarding sales The ordinance has been used in the
said possession of drugs took precxxlcncc problem are&of this city with-rime signif-
Suspect tib:Charged with violating the over a city ordinance with the sante pur. icant results. h¢Caase of the Supreme
drug loiti:ringrordinance.DFspostllon:'Ihe Fiore.The public defender also argued Court's decislrini we will Continue to use
suspect pled guilty to the charge And was the ordinance is vague and overly broad, the ordinance..to forget.street woes of rock
fined$250. lltuv:fore uoce)i%(Hutional.'Me.caty cuutt- mu cine and protect the qualily of life and
Suspect#7:UhargT.d with violating die. tore8 that the ordinemcc was sugr,pIt ie cu salely of oUreitiXens.
drug loitering ordinance,PispositFoo: tary acid nol.meront to rri ifa5c State Law,
Suepect was arrested anti is awaitingthat it clearly gives notice and sufficient A ce of Mee dq i t r;i6drug lnii4ingg orde-
jFuidelitu.s and that It is ounstitutiona].The. '+ �and the de�tsrt»rrrrt's tratisoire�rratfisi¢
arraignment. Public Defendc?s Officer was uns=%x essful is rr►,ur!°b1e iVams h the 7�°rr a library by
Suspect#8:Charged with violating the to their efforts iii the Municipal and c.uldng(916)44¢51W—
drug 1okc6ig
4¢.51'94.druglokc6ig ordtneince.Dlspctshiaw,Cam Suprrivr Courts,as well at the Court of
refiled by the city atuirneyr as a pos�siou Appeal. 'Ilio•. Public: Defender f lud a
ofmariju,uia charge.Suspect wdsarrested VOition for Review to Lite California
and Is awaiihig armig innmt on the Oiarge.: Supreme Court,Ou May 21,19-W2,t1r(:City
of Mmircivia Mod an Antiwer to the
Susooct#8:Charged with violating the. Petition, remelting in the California.
drug kkerutg ordinance.Dlapnsltlon.Case Supreme Cotu't's denying the Petition. ` .4
Wl,-NI F:KN Cl IN,JANUARY 1c9oi3
To : C Board. of Supervisors
Re * Item S8 Rogers RECEIVED
From: SusanPrather,
Date : February 2$ , 1995 FEB 2 8 1995
CLERKCON�D OF SUPERVISORS
CQ ISORS
This proposal is outrageous anti
ridiculous . It opens the door to
harassment, violation of civil rights and
will, in all likelihood, target people who
have nowhere to go and nothing to do
but loiter. Namely, homeless people . In
addition , the "unincorporated" districts
are some of our poorest areas , populated
for the most part by people of color . No
one will be stopped for questioning in
the "unincorporated" areas of
Blackhawk, I'm sure , Therefore , Mr .
Rogers is targeting a certain class .
In addition ,, . as a constituent of Mr .
Rogers (if only it were Fred) , I find it
disturbing that he is only regurgitating
what he proposed on the Richmond
Council and has not Clone anything to
r r
countv
nnuns , He!
i
should bo arrested for "Ia4t rrinY" and
11-ir-npaxitwnating a supeivisor. ��