CC - Item 6B - Consideration and Introduction of an Ordinance of the City Council of the City of Rosemead, CA, Amending Chapter 12.44 of Title 12 of the Rosemead Municipal Code Relating to Park and Recreation Areas Hours of Use and EnforcementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: HONORABLE MAYOR CLARK AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER 1v -
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
HOURS 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 6.11
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:
RgJieL IKU,- w N
Rachel Richman, City Attorney
Attachment: Ordinance No. 1028
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:
"12.44.020 —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
4906-5226-8848 v 1
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
4906-5226-8848 v 1
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.
6. The duration of the first exclusion shall be 60 days if one or more of the
following occur:
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
4906-5226-8848 v 1
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 day of 12025.
Margaret Clark, Mayor
ATTEST:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
4906-5226-8848 vl
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.
was adopted by the City Council of the City of Rosemead at a regular meeting of said
Council held on the day of , 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Ericka Hernandez, City Clerk
4906-5226-8848 vl