HomeMy WebLinkAbout2017-02-14 - AGENDA REPORTS - LIBRARY RULES OF CONDUCT (2)Agenda Item: 8
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: fill
DATE: February 14, 2017
SUBJECT: INTRODUCTION OF AN ORDINANCE PERTAINING TO LIBRARY
RULES OF CONDUCT
DEPARTMENT: Neighborhood Services
PRESENTER: Darren Hernandez
RECOMMENDED ACTION
Board of Library Trustees approve revised Library Code of Conduct and recommend
codification.
City Council introduce and pass to second reading an ordinance entitled "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."
BACKGROUND
Codification of the Library's Code of Conduct would promote enhanced public safety by
allowing the library to temporarily ban individuals with disruptive behavior patterns over
multiple days. The current Library Code of Conduct was last revised in 2016; however, it is
recommended that an additional revision about limiting the presence of adults in the children's
area of the library be included prior to codification. The revision reads:
"The children's area of the library is specifically designed to meet the needs of young
library customers. The children's area is available for use by children and their
accompanying adults and by adults who have been given permission by Library staff.
Adults that are not accompanying children and adults that have not been given permission
by Library staff will be asked to relocate to another section of the library."
ALTERNATIVE ACTION
Other action as determined by the City Council.
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FISCAL IMPACT
None by this action.
ATTACHMENTS
Revised Code of Conduct
Ordinance for Library Code of Conduct
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LIBRARY CODE rF C off%,f DUCT
Policy
The Santa Clarita Public Library is open to the general public.
This policy ensures that everyone has the right to use library
services and resources provided his or her behavior does not
unreasonably interfere with the rights of others to do the same.
This policy requires the following specific behaviors be
observed in the library:
• Behavior must not disrupt other people's use of the library
• Library customers must be considerate of others in the library
and treat other customers, staff and volunteers with courtesy
and respect, honor others' privacy and keep all conversations
quiet. Loud, abusive or threatening language will not be
tolerated.
• Any action recognized as illegal is prohibited in the library
including possession or use of firearms, weapons and illegal
substances.
• Electronic
devices including cell phones must be
set
to mute
or vibrate
in
the
library. Volume
from devices
must
be
inaudible
to others.
• Food and beverages may only be consumed in designated
areas. All beverages must have a lid in the library.
• If a person creates or emanates a detectable odor, including
that of controlled substances, that disturbs other library
customers or staff, they will be asked to leave until the situation
is corrected.
• Bicycles, skates, skateboards, collapsible scooters, wheelies,
hover boards and other such items may not be used in the
library including entryways or walkways and must be kept out of
passageways.
• Smoking or use of tobacco products is not allowed in the
library or within 20 feet of entryways. Smoking includes holding,
carrying, burning, emitting, inhaling or exhaling the fumes or
vapor of a lighted or activated pipe, cigar, cigarette or any
electronic smoking device.
• The consumption or possession of alcohol is prohibited on the
premises except for special events whose organizers have
obtained appropriate City approvals.
• Shopping carts or other wheeled conveyances, except
medically required equipment or strollers and wheelchairs
carrying people, are not allowed in the library.
• Customers are not permitted to enter the library with more
than two backpacks, suitcases, or other large parcels or any
combination of these, and these items may not be left
unattended. The library is not responsible for unattended items
in the library.
• Animals other than service animals are not allowed in the
library. "Service animal" means a dog that has been individu-
ally trained to do work or perform tasks for an individual with a
disability, as defined under the Americans with Disabilities Act.
• Library restrooms may not be used for bathing, grooming, or
washing clothing.
• Customers must be fully clothed in the library. Upper and
lower body must be appropriately covered and footwear must
be worn at all times.
• No sleeping is allowed in the Library.
• Customers cannot solicit, panhandle, sell products or conduct
business, including tutoring for a fee, in the Library.
• The children's area of the library is specifically designed to
meet the needs of young library customers. The children's
area is available for use by children and their accompanying
adults and by adults who have been given permission by Li-
brary staff. Adults that are not accompanying children and
adults that have not been given permission by Library staff will
be asked to relocate to another section of the library.
• Using Library materials, equipment, furniture, fixtures or
building in a manner inconsistent with customary use or in a
destructive, abusive or potentially damaging manner is not
permitted.
Rules for Supervision of Minors
Parents, legal guardians, caregivers and teachers are
responsible for the behavior of children under their supervision.
Children under the age of 11 must be accompanied by a parent
or responsible caregiver 13 years old or older. A responsible
adult must directly accompany babies, toddlers and preschool
age children at all times. The Library is a public building; Library
staff and volunteers cannot assume responsibility for children at
any time. If a child is left unattended, the staff will make an
attempt to find the parent /caregiver within the library, if staff is
unable to locate a responsible party, the child will be
considered abandoned, and law enforcement personnel will be
notified. If an unattended child is in the library 15 minutes prior
to closing time, law enforcement personnel will be notified and
asked to pick up the child. Library staff are not permitted to
provide transportation for the child.
City of
SANTA CLARITA
PUBLIC LIBRARY
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ORDINANCE NO. 17 -
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
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Library Trustees (Board) to manage the Library.
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B. The Board has established a Library Code of Conduct, which outlines a person's
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privilege to use library services and resources in a manner that does not unreasonably
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interfere with the rights of other persons to use such services and resources, and further a
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peaceful, quiet, and orderly environment to learn.
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C. In 2016, there were at least 45 incidents reported at Library branch locations. These
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incidents resulted in calls to local law enforcement and arrests for grand theft, annoyance
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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
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unreasonable interference or disruption, the Board and the City Council wish to
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incorporate the regulations outlined in the Library Code of Conduct into the Municipal
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Code so the City may more effectively enforce compliance with library policies that
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further a peaceful, quiet, and orderly environment to learn. 77
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
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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 day of , 2017.
MAYOR
ATTEST:
CITY CLERK p
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DATE:
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss. z
CITY OF SANTA CLARITA )
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I, Mary Cusick, City Clerk of the City of Santa Clarita, do herby certify Ordinance No. 17-
was duly passed and adopted at a regular meeting of the City Council on the day c
of 2017, by the following vote, to wit: U
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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).
CITY CLERK
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EXHIBIT A
2.70.040 Library Code of Conduct.
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 § 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. cm
"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.
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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.
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12. Aggressive solicitation, as defined in Chapter 11.35 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.
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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 c
than leaving them at a study carrel while researching the collection for materials), or O
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keeping those items with one in a manner that obstructs entrances, exits, aisles or I--
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passageways, or otherwise impedes access to library resources and services.
13. Bringing animals, other than Service animals there solely to assist a person with
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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.
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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
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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. cm
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.
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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.
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