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CC - Item 5C – Second Reading And Adoption of Ordinance No. 1028 – Amending Chapter 12.44 of Title 12 of the Rosemead Municipal Code Relating Park and Recreation Areas Hours of Use and EnforcementROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER J DATE: APRIL 22, 2025 SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1028 - AMENDING CHAPTER 12.44 OF TITLE 12 OF THE ROSEMEAD MUNICIPAL CODE RELATING PARK AND RECREATION AREAS HOURS OF USE AND ENFORCEMENT SUMMARY On April 8, 2025, the City Council of the City of Rosemead introduced for first reading, by title only, Ordinance No. 1028, amending chapter 12.44 of Title 12 of the Rosemead Municipal Code relating to park and recreation areas hours of use and enforcement. The Ordinance will establish park and recreation hours and provide an enforcement process to exclude violators in addition to criminal violations. STAFF RECOMMENDATION It is recommended that the City Council approve the second reading and adoption of Ordinance No. 1028 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 12.44 OF TITLE 12 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO PARK AND RECREATION AREAS HOURS OF USE AND ENFORCEMENT FISCAL IMPACT There is no immediate fiscal impact associated with the recommendation of this report; however, stricter enforcement may require additional resources in the future. ENVIRONMENTAL REVIEW This ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) AGENDA ITEM 5.0 City Council Meeting April 22, 2025 Page 2 of 2 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and (2) Section 15060(c)(3) (the activity is not a project as defined in Section 15378), because the subject regulations have no potential for resulting in any significant physical change to the environment, directly or indirectly. STRATEGIC PLAN IMPACT This ordinance is consistent with the City of Rosemead's Strategic Plan Goal A: Public Safety - Increase the visibility of Sheriff through expanded patrols throughout the City. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process Submiew tted� by: Ericka Hernandez, City Clerk Attachment A: Ordinance No. 1028 - Administrative Policy Attachment B: City Council Staff Report Only Dated April 8, 2025 Attachment A Ordinance No. 1028 ORDINANCE NO. 1028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 12.44 OF TITLE 12 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO PARK AND RECREATION AREAS HOURS OF USE AND ENFORCEMENT WHEREAS, the City of Rosemead is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries of the City; and WHEREAS, City Council recognizes the social, cultural and economic enrichment that public parks bring to the City and its residents; and WHEREAS, the City Council finds it necessary to establish policies and procedures which allow for the advanced planning and management of public parks; and WHEREAS, the City Council finds that it is the intent of this Ordinance to protect the rights of its residents by establishing the least restrictive and most reasonable manner of regulation of public parks; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2. Amendment. Section 12.44.020 is amended and 12.44.025 is added to Chapter 12.44 of Title 12 of the Rosemead Municipal Code is hereby amended and restated to read in its entirety as follows: 1112.44.020 — Park hours. No person shall enter or remain in any public park or recreation area within the city at any time between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M., except as authorized by the parks and recreation director in writing." 12.44.025 - Temporary Exclusion of Violators A. Remaining without permission in any public park or recreation area in violation of Section 12.44.020 will result in the person in violation thereof being a trespasser, and the Director, a Park Ranger, or any peace and/or code enforcement officer ("Enforcement Official"), may remove or exclude the person from a park in accordance with this Section in addition to any other remedy or penalty. 1. For the purposes of this section, removal is an order given by the Enforcement Official, directing a person to immediately leave a park and not return until 6:00 am. 2. For the purposes of this section, exclusion is an order given by the Enforcement Official, directing a person to immediately leave a park and not return for the period of days specified in this section. 3. Before issuing an exclusion order, the person will be given a verbal or written warning indicating that curfew hours has been violated and a reasonable opportunity to leave the park. An exclusion order will not be issued if the person promptly complies with the direction and immediately leave the park. A warning is not required before issuing an exclusion order where the behavior, conduct, or activity constitutes one or more of the following: a. A felony or misdemeanor; b. Obscene, violent, riotous conduct, hunting and/or possession of weapons, pollution of waters, dumping of refuse and trash in violation estimated to cost $1,000 or more to clean up; and possession or setting off of firecrackers, or other fireworks or explosives of inflammable material in violation of the Municipal Code; C. Lighting or maintaining a fire in any park; d. Conduct resulting in property damage estimated to be $1,000 or more; e. Dangerous or threatening behavior. Behavior is dangerous or threatening if a reasonable person exposed to or experiencing such behavior could believe that the person would be in imminent danger of physical harm. Actual bodily harm is not required; and f Conduct for which a documented prior exclusion order has been issued and not overturned on appeal. 4. Written notice of the exclusion order will be provided to any person excluded. The notice will state that Section 12.44.020 Park Hours is the basis for the exclusion; the date, length, and place of exclusion; a description of the process for filing an appeal; and a warning of the consequences for failure to comply. The exclusion notice shall be signed by the issuing Enforcement Official. 5. The exclusion order will be effective for 30 days, except as stated in paragraph A.6, during which time the violator may not return to the listed park or park facilities. A second exclusion order for the same violator, whether or not issued within the same park, that is issued within a 12 -month period will be effective for 60 days. Additional exclusion orders issued within a 12 -month period of the second exclusion order will be effective for 90 days. No exclusion order overturned on appeal will be counted. occur: 6. The duration of the first exclusion shall be 60 days if one or more of the following a. A felony; b. Property damage estimated to be $1,000 or more; or C. Dangerous or threatening behavior as defined in this Section. A second exclusion for a person described in this Subsection A.6 within a 12 -month period will be effective for 120 days. Additional exclusion orders issued within 12 -month period of the second exclusion order for a person described in this Subsection will be effective for 180 days. No exclusion order overturned on appeal will be counted. B. Appeal. 1. The City Manager shall serve as hearing officer on appeal and shall conduct a fair and impartial hearing. 2. A person issued a notice of exclusion may appeal the notice within five days by filing a written appeal with the City Manager. The written appeal shall include the exclusion notice number, reason(s) the person should not have been excluded, and a phone number, address or email at which the City may serve the cited individual a response to their request. Filing an appeal does not preclude the issuance of an exclusion order for a new violation of this Section. 3. Upon receipt of a timely and complete notice of appeal, the exclusion order will be stayed. The City Manager will set an administrative hearing that shall be de novo. The exclusion order will be upheld if the City Manager determines by a preponderance of evidence that the person committed the act for which the person was excluded, and the exclusion is otherwise in accordance with the law. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. In lieu of personally appearing at an administrative hearing, the cited individual may request that the City Manager decide the matter based on the notice, the written appeal, and any other documentary evidence submitted prior to the hearing date. 4. The City Manager shall issue a written decision responding to the appeal within 5 business days. The decision of the City Manager on appeal shall be final. C. The City shall maintain an accurate database of those persons excluded from parks or park facilities by their respective employees. D. Notwithstanding the above section, a violation of a removal or exclusion order is unlawful and may be charged as a misdemeanor, as provided by Section 1.16. Nothing in this Section limits the authority of the City to obtain an injunction prohibiting or restricting park access by any person." SECTION 3. Environmental Review. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); (2) Section 15060(c)(3) (the activity is not a project as defined in Section 15378), because the subject regulations have no potential for resulting in any significant physical change to the environment, directly or indirectly, and (3) Section 15321 (the ordinance addresses administrative procedures for City Manager duties). SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this ordinance are declared to be severable. SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this ordinance and publish in accordance with law. PASSED, APPROVED, AND ADOPTED this 22°d day of April, 2025. Margaret Clark, Mayor APPROVED AS TO FORM: ATTEST: Rachel H. Richman, City Attorney Ericka Hernandez, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROSEMEAD I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 1028 was first introduced at the regular meeting of April 8, 2025, by first reading. Said Ordinance was approved and adopted by the City Council of the City of Rosemead at a regular meeting held on the 22nd day of April, 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment B City Council Staff Report Only Dated April 8, 2025 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR CLARK AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: APRIL 8, 2025 SUBJECT: CONSIDERATION AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 12.44 OF TITLE 12 OF THE ROSEMEAD MUNICIPAL CODE RELATING PARK AND RECREATION AREAS AnURR OF USE AND ENFORCEMENT BACKGROUND City staff in conjunction with the Chief of Police have been looking at ways to address public safety issues that are effecting the residents and community of Rosemead. One area that has been a source of ongoing public safety issues relates to individuals remaining in City parks and recreation areas after park hours have ended. The proposed Ordinance will establish park and recreation hours and provide an enforcement process to exclude violators in addition to criminal violations. DISCUSSION Currently the City adopts the County of Los Angeles Code for most of its provisions regulating parks and public areas. The County only categorizes a park hours violations as an infraction. Adopting our own language will more specifically address the issues the City is facing and allow for exclusion orders as well as misdemeanor citations. The proposed ordinance sets parks and recreation area hours between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. Anyone who remains without written permission from the parks and recreation director is in violation of the Code. A violation can subject the violator to a misdemeanor charge. In addition and at the request of the Sheriff's Department, the ordinance also provides the authority to issue the violator a notice of park exclusion order. The exclusion time period increases based on repeat violations starting from 30 days and going up to 180 days. This process has been used in a neighboring city that the Sheriff's Department has found helpful. The exclusion order is subject to an appeal process in order to comport with due process rights. AGENDA ITEM 6.13 City Council Meeting April 8, 2025 Page 2 of 2 ENVIRONMENTAL ANALYSIS This ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and (2) Section 15060(c)(3) (the activity is not a project as defined in Section 15378), because the subject regulations have no potential for resulting in any significant physical change to the environment, directly or indirectly. STAFF RECOMMENDATION It is recommended that the City Council: Consider, introduce and waive further reading of Ordinance No. 1028, amending Chapter 12.44 of the Rosemead City Municipal Code pertaining to park hours and enforcement. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process Prepared by: Racl eyiz clwna vv Rachel Richman, City Attorney Attachment: Ordinance No. 1028