HomeMy WebLinkAbout21. Controlled Substances Public Places
AGENDA MEMO
DATE:
June 28, 2011
TO:
Mayor and Members of the City Council
FROM:
Office of the City Manager
By: Rick Esteves, Chief of Police
SUBJECT: ORDINANCE PROHIBITING USE OF CONTROLLED SUBSTANCES IN
PUBLIC PLACES
RECOMMENDATION
That the City Council adopt the attached ordinance prohibiting the use of controlled
substances in public places titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
ARTICLE IV, CHAPTER 1 OF THE DOWNEY MUNICIPAL CODE BY ADDING A
NEW SECTION 4102 PROHIBITING THE CONSUMPTION OR POSSESSION OF
CONTROLLED SUBSTANCES IN PUBLIC PLACES
DISCUSSION
The issues related to use of controlled substances pose many potential problems and
threats to the general population. Consumption of controlled substances can impair
judgment and contribute to driving under the influence as well as other illegal acts. This
ordinance is designed to help local law enforcement effectively deal with the use of
controlled substances, particularly in public places where they pose health and safety risks
to members of our community. The attached ordinance was introduced at the June 13,
2011 City Council meeting.
FISCALIMPACT
There is no fiscal impact.
RE:pw
H:\pwb\MYDOCUME\AGENDA\Controlled Substances in Public Places Ordinance - adopt.doc
CITY OF DOWNEY, CALIFORNIA
ORDINANCE NO. 11- _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING ARTICLE IV, CHAPTER 1 OF THE DOWNEY MUNICIPAL CODE
BY ADDING A NEW SECTION 4102 PROHIBITING THE CONSUMPTION OR
POSSESSION OF CONTROLLED SUBSTANCES IN PUBLIC PLACES
WHEREAS
, the City Council of the City of Downey has determined that the consumption
of controlled substances in certain public places within the City poses a health and safety risk to
the community; and,
WHEREAS
, the City Council of the City of Downey finds that the detrimental effects of
allowing the consumption of controlled substances in certain public places within the City
contributes to driving under the influence and other illegal acts; and,
WHEREAS
, the City Council of the City of Downey finds that the detrimental effects of
the consumption of controlled substances in certain public places within the City requires the
City Council to take action to preserve the public health and safety of the Downey community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
ORDAIN AS FOLLOWS:
SECTION 1
. Article IV of Chapter 1 of the Downey Municipal Code is amended to add
Section 4102 to read as follows:
SECTION 4102. CONTROLLED SUBSTANCES: PUBLIC PLACES.
(a) No person shall consume within any public place or business in the city,
or on the grounds of any public or private park, recreation area, open space or school, or
in the public parking, loading, access and areas accessible to the public, or private or
commercial property which is open and accessible to the public, any non-alcoholic
intoxicating substance possessed for the purposes of intoxication or any illegal or
controlled substance, including marijuana, as defined in Health and Safety Code Section
11007.
(b) No person shall have in his or her possession within any public place or
business in the city, or on the grounds of any public or private park, recreation area,
open space, or in the public parking, loading, access and areas accessible to the public,
or private or commercial property which is open and accessible to the public, any
instrument used to administer or ingest any intoxicating or controlled substance,
including marijuana pipes or similar smoking devices, and including drug paraphernalia
as defined in Health & Safety Code Sections 11014.5.
SECTION 2.
If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 3.
The Interim City Clerk shall certify to the adoption of this Ordinance and
cause the same to be published and posted in the manner required by law.
ORDINANCE NO. 11-______
PAGE TWO
APPROVED AND ADOPTED
this ___ day of ________, 2011.
_______________________
LUIS H. MARQUEZ, Mayor
ATTEST:
_______________________________
JOYCE DOYLE, Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DOWNEY )
I HEREBY CERTIFY
that the foregoing Ordinance No. 11 – _______ was introduced at
a regular meeting of the City Council of the City of Downey held on the ____day of _______,
2011, and adopted at a regular meeting of the City Council of the City of Downey held on the
_____ day of ________, 2011, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
I FURTHER CERTIFY
that a Summary of the foregoing Ordinance No. 11 – ______,
was published in a newspaper of general circulation in the City of Downey, on __________,
2011 (after introduction), and on ________, 2011 (after adoption, including the vote thereon). It
was also posted in the regular posting places in the City of Downey on the same dates.
JOYCE DOYLE_______________
JOYCE DOYLE, Interim City Clerk