HomeMy WebLinkAbout2017-02-28 - ORDINANCES - LIBRARY RULES OF CONDUCT (2)ORDINANCE NO. 17-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, ADDING SECTION 2.70.040 TO THE SANTA CLARITA
MUNICIPAL CODE PERTAINING TO LIBRARY RULES OF CONDUCT
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. Pursuant to Chapter 2.70 of the Santa Clarita Municipal Code (SCMC), the City of Santa
Clarita (City) has established the Santa Clarita Public Library and may appoint a Board of
Library Trustees (Board) to manage the Library.
B. The Board has established a Library Code of Conduct, which outlines a person's
privilege to use library services and resources in a manner that does not unreasonably
interfere with the rights of other persons to use such services and resources, and further a
peaceful, quiet, and orderly environment to learn.
C. In 2016, there were at least 45 incidents reported at Library branch locations. These
incidents resulted in calls to local law enforcement and arrests for grand theft, annoyance
of minors, and other disruptive behaviors. This number of incidents was not out of line
with previous years since the City took over the library system.
D. To ensure that all persons may use the Library's services and resources without
unreasonable interference or disruption, the Board and the City Council wish to
incorporate the regulations outlined in the Library Code of Conduct into the Municipal
Code so the City may more effectively enforce compliance with library policies that
further a peaceful, quiet, and orderly environment to learn.
SECTION 2. Environmental Findings. The City Council exercises its independent
judgment and finds that this ordinance is not subject to the California Environmental Quality Act
(CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined
in Section 15378);15061(b)(3), because the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment; and 15321, because the ordinance addresses law enforcement activities. Because
there is no possibility that this ordinance may have a significant adverse effect on the
environment, the adoption of this ordinance is exempt from CEQA.
SECTION 3. Addition of Section 2.70.040. Section 2.70.040 is added to Chapter 2.70
of the Municipal Code, as set forth in the attached Exhibit A.
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 5. Effective Date. This ordinance takes effect 30 days from the date of its
adoption.
SECTION 6. Publication. The City Clerk is directed to certify this ordinance and cause
it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 28th day of February, 2017.
l
MAYOR
A TEST:
CITY CLERK
DATE: 52�� 1-1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do herby certify Ordinance No. 17-03
was duly passed and adopted at a regular meeting of the City Council on the 28th day of
February 2017, by the following vote, to wit:
AYES: COUNCILMEMBERS : Weste, Kellar, McLean, Miranda
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS: Smyth
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was
published in The Signal newspaper in accordance with State Law (G.C. 40806).
qC1Y 1 OC
2
2.70.040 Library Code of Conduct, EXHIBIT A
A. Purpose. Section 2.70.040 establishes a code of conduct expected of persons using the
Santa Clarita Public Library and the processes to address violations of this code of conduct. The
purposes for the code of conduct are to ensure that all persons have the ability to use library
services and resources, to ensure that library staff may efficiently provide library services and
resources, to prevent disruption to such library services and resources, and to further a peaceful,
quiet, and orderly environment in which to learn.
B. Definitions.
"Children's area" means the areas of the library specifically designated as such by the library to
provide library services and resources that meets the needs of young library users.
"Code" means the Santa Clarita Municipal Code.
``Crime" has the same definition as Penal Code § 15. A violation of Section 2.70.040 is a
misdemeanor crime under Government Code 6 36900.
"Enforcement officer" means the city manager, or the city manager's designee. The city
manager's designees include, without limitation: the library director and library branch managers,
the police chief and police officers, and the city's code enforcement supervisor and code
enforcement officers.
"Library" means the all of the Santa Clarita Public Library branch locations, including but not
limited to their collection areas, meeting rooms, and stores.
"Library premises" means the library, and library grounds and parking _facilities to the extent that
the grounds or parking facilities are owned, controlled, or maintained by the City.
"Library privileges" means the privilege of entering onto library premises and utilizing any
services or resources of the Santa Clarita Public Library.
"Service animal" means a dog that has been individually trained to do work or perform tasks for
an individual with a disability, as defined under the Americans with Disabilities Act.
"Shoe" means an item worn on the human foot with a sole.
"Smoke" or "smoking" has the same definition contained in Section 9.50.020 of this Code.
"Wheeled conveyances" means any wheeled device used for conveyance or transportation,
including bicycles, skates, skateboards, collapsible scooters, wheelies, and hover boards. This
does not include medically required equipment, or wheelchairs or strollers carrying people who
cannot use the library facilities without the assistance of such devices.
C. Criminal Conduct. A person may not commit or attempt to commit any crime punishable
under state or federal law or this Code on library premises, including, but not limited to
1. Assault or battery, as defined in Penal Code §§ 240 and 242.
2. Theft, as defined in Penal Code § 484.
3. Obstructing or intimidating business operators, public agencies or customers, as
defined in Penal Code § 602.1.
4. Vandalism, as defined in Penal Code § 594.
5. Indecent exposure or lewd or obscene conduct, as defined in Penal Code § 314.
6. Possession of designated controlled substances, as defined in Health and Safety Code
§§ 11350 and 11351.
7. Disorderly conduct, as defined in Penal Code § 647.
8. Trespass, as defined in Penal Code §§ 602 and 634.
9. Smoking or using tobacco products, as defined in Section 9.50.030 of this Code.
10. Curfew violations, as defined in Chapter 11.56 of this Code.
11. Consumption of alcohol in a public place, as defined in Chapter 11.18 of this Code.
12. Aggressive solicitation, as defined in Chapter 11.3 5 of this Code.
D. Rules Of Conduct. The following behaviors are disruptive and do not further a peaceful,
quiet, and orderly environment to learn. In addition to the criminal conduct listed in
2.70.040(C), no person may engage in any of the following activities or behaviors while on
library premises:
1. Loud or disruptive behavior, including yelling, talking loudly, running, throwing
objects, abusive or threatening language, or other behavior which disturbs the quiet
environment of the library.
2. Use of profane, obscene, imminently threatening, or violent language toward library
staff or other persons.
3. Harassment of or the making of unwanted verbal or physical advances toward library
staff or persons on library premises.
4. Possession of any unlawful or illegal substance on library premises.
n
5. Use of personal equipment in the library (such as cellular phones and audio players)
in a manner that is disruptive, noisy, or unsafe. Personal equipment or electronic
devices must be muted and made inaudible to other persons while in the library. Cell
phones must be set to mute or vibrate.
6. Possession of any beverage in the library without a spill -proof lid.
7. Consumption of any food or beverages in a non -designated location within the
library.
8. Bringing, possessing, or maintaining on the library premises any garbage or item that
emits a foul odor that disturbs other library users or staff.
9. Bringing or using any shopping carts or other wheeled conveyances within the
library, on entryways or walkways, in a manner that blocks any passageway on
library premises.
10. Smoking or use of any tobacco products in the library or within 20 feet of entrances
to the library.
11. Consumption or possession of alcoholic beverages on library premises, unless
otherwise approved by the City as part of a special event.
12. Leaving backpacks, suitcases, or other large items unattended in the library (other
than leaving them at a study carrel while researching the collection for materials), or
keeping those items with one in a manner that obstructs entrances, exits, aisles or
passageways, or otherwise impedes access to library resources and services.
13. Bringing animals, other than Service animals there solely to assist a person with
disabilities with tasks directly related to that person's disability, into library branch
locations, including but not limited to their collection areas, meeting rooms, and
stores.
14. Use of library facilities for the purpose of sleeping, bathing, shaving, washing clothes
or other similar activities.
15. Entering the library or remaining in library branch locations, including, but not
limited to, their collection areas, meeting rooms, and stores, without wearing shoes,
clothes that cover the upper torso area or clothes that cover the lower torso area.
16. Soliciting, panhandling, .selling products without written authorization from library
staff, or otherwise conducting business (including tutoring for a fee) within the
library.
17. By a person 18 years of age or older, and in the absence of accompanying children or
the permission of Library staff, use or occupancy of the children's areas of the
library; these areas are specifically designed to meet the needs of young library users
and must remain open to those users and the adults accompanying them.
18. Moving library equipment or furniture without library staff knowledge or permission.
19. Tampering with library equipment such as computers, rental equipment, photocopy
machines, elevators.
20. Carrying or possessing on library premises weapons such as guns, chains, clubs, and
knives.
21. Making unauthorized entry into any "staff only" area in the library premises.
22. Refusing to relinquish computer equipment or other library resources after scheduled
time period for use has expired.
23. Causing overcrowding in library seating areas by sitting more than four persons to a
table, two persons to a computer workstation, or one person to a carrel or chair.
24. Failure to leave the library at closing time.
E. Supervision of Minors.
1. No person under the age of 11 years of age may enter, use, or remain on library
premises without being accompanied by a person 13 years of age or older.
2. Any person 13 years of age or older, who brings a child under the age of 11 years of
age into the library, must supervise and accompany that child at all times.
F. Enforcement.
1. Any enforcement officer may enforce against any violation of the rules of conduct
contained in Section 2.70.040.
2. A violation of Section 2.70.040 is punishable as a misdemeanor.
3. In the alternative, an enforcement officer may enforce against any violation of
Section 2.70.040 by issuing notices of violation or administrative citations. The
enforcement officer may issue a notice of violation or an administrative citation to a
person in violation of the rules of conduct in accordance with Chapter 23.20 of this
Code. The enforcement officer may order the removal of any person from the library
for any violation of the rules of conduct concurrently with the issuance of an
administrative citation. Any person removed pursuant to such an order may not re-
enter onto library premises for the remainder of the business day. Any person who re-
enters the library premises after such removal will be considered a trespasser.
0
G. Suspension of Library Privileges. In addition to any other punishment provided for at
law, any person who commits or attempts to commit a crime or violates one or more of the rules
of conduct set forth in this Section 2.70.040 while on library premises may have their library
privileges suspended. A person whose library privileges have been suspended may not enter onto
library premises or use the services of the Santa Clarita Public Library during the term of their
suspension. A written notice of suspension of library privileges will be issued to the person. The
following schedule governs the length of a suspension of library privileges:
1. For a person's first violation, library privileges will be suspended for one week.
2. For a person's second violation within a 12 -month period, library privileges will be
suspended for four weeks.
3. For a person's third violation within a 12 -month period, library privileges will be
suspended for 16 weeks.
4. If a person commits four or more violations within a 12 -month period, library
privileges will be suspended for 12 months.
H. Fines. The City Council may set by resolution the fines to be assessed for violations of
the rules of conduct. If no amount is specified by resolution of the City Council, the fines set
forth in Section 23.20.060 of this Code may apply.
I. Appeals. A person may appeal an administrative citation or suspension of library
privilege in accordance with the administrative hearing procedures outlined in Chapter 23.20 of
this Code.
7