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HomeMy WebLinkAbout2023-02-14 - ORDINANCES - LIBRARY CODE OF CONDUCTORDINANCE NO. 23 -1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 2.70.040 TO THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO LIBRARY CODE OF CONDUCT THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES 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 (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 2019, there were at least 119 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 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 that 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. AMENDED SECTIONS. Amendment of Section 2.70.040. Sections 2.70.040(c)(13) and 270.040(d)(25) are added to Section 270.040 of Chapter 2.70 of the Municipal Code, and Section 2.70.040(g) of Chapter 2.70 of the Municipal Code is amended, as set forth in the attached Exhibit A. Page 1 of 3 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 shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 6. PUBLICATION. City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this 141h day of February, 2023. ATTEST: CITY CLERK.. - DATE,: ape k4"Vll OR 2 DEC. 15, o 1987 e S ""'4*/II11►11 tit'`,,,�� Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 23-1 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 241h day of January, 2023. That thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council on the 141h day of February 2023, by the following vote, to wit: AYES: COUNCILMEMBERS: Smyth, Miranda, Weste, McLean, Gibbs NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 23-1 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). � P/Lc�JLc�c- CITY CLERK Page 3 of 3 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 (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 pre -teen and younger library users. "Teens' 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 -adult and teen library users under age 18. "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. "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 with a sole worn on the human foot. "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. 13. Sale, distribution, or exhibition of obscene matter, as defined in Penal Code § § 311 and311.5. 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. 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 or teens' 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. 25. Open display of obscene and/or pornographic imagery. 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. 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 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 table governs the length of suspension of Library privileges based upon the nature of the prohibited conduct. The numbers represent the initial and any repeated occurrence of a violation and shows the corresponding penalty. Any additional violation(s) beyond the highest incident number stated on the table below will result in the same highest prohibition noted. For example, body odor is subject to a warning for the first incident and a one -day suspension for the second. For every violation after the second, the penalty will also be a one -day suspension. The same applies to more serious offenses. For example, the fourth incident of vandalism and every incident of vandalism thereafter will result in a one -day suspension of Library privileges. Conduct and Code Section. See Code Sections above for full Warning 1 3 6 definition Issued 1 Da Month Month Month 1 Year Alcohol C11,D11 1 2 3 4 Animals in the building D13 1 2 Assault or battery Cl 1 Odor D8 1 2 Unattended minors E2, E3 1 2 Clothing and footwear D15 1 2 _ Conduct and Code Section. See Code Sections above for full Warning 1 3 6 definition Issued 1 Da Month Month Month 1 Year Theft of Library materials or equipment C2 1 Vandalism C4 1 2 3 4 Indecent exposure, lewd or obscene conduct C5 1 Possession of controlled substance C6 1 Solicitation/conducting business/sales C145 D16 1 2 3 4 Loud or disruptive behavior ,D1 1 2 3 4 Unwanted verbal or physical advances D35 C4 1 2 3 4 Profane, obscene, violent, threatening language D2 1 2 3 4 Disruptive use of personal electronic equipment D5 1 2 3 4 Food and beverages 1)6, D7 1 2 3 4 Wheeled conveyance blocking walkways D9 1 2 3 4 Smoking C95 D10 1 2 3 Unattended items D12 1 2 Use of facilities for sleeping, bathing, washing clothes D14 1 2 Unauthorized adults in the children or teen area D17 1 2 3 Tampering with or misuse of Library equipment D19 1 2 3 Weapons D20 1 1 2 3 Moving Furniture/Equipment 1 2 3 4 Conduct and Code Section. See Code Sections above for full Warning 1 3 6 definition Issued 1 Da Month Month Month 1 Yew D 18, D23 Unauthorized entry D21 1 2 3 4 Obstructing operations C3 1 2 3 4 Failure to leave building at closing C24 1 2 3 4 Showing visually explicit materials C 13, D25 1 2 3 4 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.