BEVERLY HILLS AGENDA REPORT

Transcription

1 BEVERLY HILLS Meeting Date: April 10, 2018 Item Number: To: From: Subject: o ii AGENDA REPORT Honorable Mayor & City Council Chief Sandra Spagnoli AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO REGULATE THE POSSESSION OF CERTAIN ITEMS AT DEMONSTRATIONS, RALLIES, PICKET LINES, PARADES AND ASSEMBLIES Attachments: 1. Ordinance (redline) 2. Ordinance (clean) 3. List of 2017 Violent Protests RECOMMENDATION Staff recommends that the City Council move to waive the full reading of the ordinance, and that the ordinance entitled ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO REGULATE THE POSSESSION OF CERTAIN ITEMS AT DEMONSTRATIONS, RALLIES, PICKET LINES, PARADES AND ASSEMBLIES be introduce and read by title only (Attachment 2). INTRODUCTION Beverly Hills Municipal Code (BHMC) establishes prohibitions on items that any person may possess during demonstrations, rallies, picket lines, parades and assemblies ( Public Assemblies ). The restrictions are in place to ensure that individuals engaging in peaceful expressive public activity, and law enforcement personnel dedicated to protecting such activity, can do so without suffering injury. The current prohibitions in place do not include prohibitions of certain items that have been utilized to harm individuals during recent protests and demonstrations that have occurred in cities throughout the nation including cities located within the State of California. Page 1 of 3 4/4/2018

2 Meeting Date: April 10, 2018 DISCUSSION Protests and demonstrations that have recently taken place in cities such as Berkley, Portland, Charlottesville, Boston, and Laguna Beach have been interrupted by violent altercations between demonstrators and counter-demonstrators as well as between demonstrators and law enforcement personnel. As a result of this violence, many Public Assemblies have resulted in property damage as well as injuries to demonstrators and law enforcement personnel. When Public Assemblies occur in the City of Beverly Hills, the Beverly Hills Police Department is responsible for ensuring that a peaceful and safe event transpires. It is also the Department s responsibility to maintain, or restore, order to protect the public. In 2017 the nation experienced frequent violent public demonstrations. Devices such as poles, sticks, signs, containers (including glass bottles) and many other items were used as improvised weapons during these demonstrations resulting in injuries and property damage. There is the possibility that similar incidents could occur in the City of Beverly Hills. The proposed amendment to the municipal code, adding to the list of prohibited items to include: ITEMS ADDED Firearms Knives Swords Sabers or other bladed devices Axes Hatchets Ice Picks Nun Chucks or martial arts weapons of any kind Box cutters Pellet or BB guns Metal, composite, wooden knuckles Chain greater than 20 in length or greater than 1/4 in diameter Any aerosol spray Tear gas Mace Pepper spray or bear repellant Glass bottles, whether empty or filled Bricks Rocks Pieces of asphalt Concrete Pellets or ball bearings ITEMS MODIFIED Conducted Electrical Weapons (CEW5) including but not limited to Tasers or stun guns (Referred to in existing ordinance only as tasers ) Balloons, bottles or any other container containing any flammable, biohazard or other noxious matter which is injurious, nauseous, sickening or irritating to any of the senses. (Referred to in existing ordinance only as combustible, biohazard or noxious liquid with no mention of balloons, bottles or containers containing such substances) Shields made of metal, wood, hard plastic or any combination thereof (Referred to in existing ordinance only as shields ) The amendment is intended to provide safeguards expected to prevent injuries to law enforcement and the public, as well as to prevent instances of property damage. A similar ban was recently adopted by the City of Los Angeles in October of Page2of3 4/3/2018

3 Meeting Date: April 10, 2018 FISCAL IMPACT There are no expected increased costs associated with this amendment to the municipal code. Sandra Spagnoli Approved By Page3of3 4/3/2018

4 Attachment I

5 ORDINANCE NO AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO REGULATE THE POSSESSION OF CERTAIN ITEMS AT DEMONSTRATIONS, RALLIES, PICKET LINES, PARADES AND ASSEMBLIES RECITALS WHEREAS, pursuant to the police powers delegated to the City of Beverly Hills by the California Constitution, the City has the authority to enact laws which promote the public health, safety and general welfare of its residents; and WHEREAS, numerous public protests, demonstrations and rallies conducted throughout the Nation, as well as cities throughout California, have erupted in violence between demonstrators and counter-demonstrators, and violence against law enforcement personnel; and WHEREAS, individuals, acting alone or in concert with others have used improvised weapons to inflict injury on members of the public attending these events and law enforcement personnel responding to these events, thereby posing a real and serious threat to life and safety; and WHEREAS, various improvised items have been used to injure attendees and hanti or incapacitate law enforcement officers, including wood and metal pipes, poles, bats, chains, projectiles (such as rocks, concrete, pellets and ball bearings), glass bottles and containers filled with flammable or noxious substances, and aerosol sprays deployed to cause flames or attack olfactory systems; and WHEREAS, it is imperative that individuals engaging in peaceful expressive public activity, and law enforcement personnel dedicated to protecting such activity, be allowed to do so without suffering injury. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Article 2 ( Parades And Assemblies ) of Chapter 3 ( OTHER ACTIVITIES REQUIRING REGULATORY PERMITS ) of Title 4 ( REGULATION OF CERTAIN TYPES OF BUSINESSES AND ACTIVITIES ) of the Beverly Hills Municipal Code is hereby amended and restated to read as follows: : PROHIBITIONS: The following prohibitions shall apply to all demonstrations, rallies, picket lines, parades and assemblies: A. It shall be unlawful for any person to carry or possess, while participating in any parade or assembly, any length of lumber, wood, or wood lath greater than one foot (1 ) in length, unless such object is of wood, is blunted at its ends, and is one-fourth inch (1/4?!) or less in thickness and B l\ vl-4.doc

6 two inches (2 ) or less in width, or if not generally rectangular in shape, such object shall not exceed three-fourths inch (3/4!?) in its thickest dimension. B. It shall be unlawful for any person to carry or possess any length of plastic pipe or metal greater than one foot (I ) in length or greater than one-quarter inch (1/4?!) in its thickest dimension. C. It shall be unlawful for any person to carry any sign, poster, plaque, or notice, whether or not mounted on a length of wood as specified in subsection A of this section, unless such sign, poster, plaque, or notice is constructed solely of a cloth, paper, or cardboard material no greater than one-quarter inch (I/4?) in thickness. D. It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal drawn vehicle upon any public street, unless specifically authorized by a permit. E. It shall be unlawful for any person to carry or possess any projectile launcher or other device which is commonly used for the purpose of launching, hurling, or throwing any object, liquid, material or other substance. F. It shall be unlawful for any person to carry or possess weapons such as firearms, knives, swords ice picks, razor blades, nun chucks or martial irts weapons of any kind, box cutters, pellet or BB guns, conducted electrical weapons (CEWs), including, but not limited to. Tasers or stun guns. metal/compqsite/wooden knuckles, or any chain greater than 20 inches in length or greater than ¼ inch in diameter. 3. It shall be unlawful for any person to carry or possess any balloons, bottles or any other container containing any flammable. biohazard. or other noxious matter which is injurious, or nauseous, sickening or irritating to any of the senses H. It shall be unlawful for any person to carry or possess any aerosol spray, tear gas, mace, pepper spray or bear repellant. I. It shall be unlawful for any person to carry or possess glass bottles, whether empty or filled. J. It shall be unlawful for any person to carry or possess shields made of metal. wood, hard plastic or any combination thereof. K. It shall be unlawful for any person to carry or pssess bricks, rocks, pieces of asphalt, concrete, nellets or ball bearings. L. It shall be unlawful for any person to carry or possess baseball or sofiball bats, regardless of composition or size: provided, however, that such items are permissible when configured of cloth, cardboard. sofi plastic. foam or paper for expressive purposes. M. It shall be unlawful for anyprson to cariy, possess or wear, any gas mask or similar device designed to filter all air breathed and that would protect the respiratory tract and face against irritating, noxious or poisonous gases. B I \ v1-a.doc -2-

7 GN. It shall be unlawful for any person to fail to abide by the instructions of a traffic control officer given for the purpose of accommodating traffic, including emergency vehicles, through and across a parade route, demonstration, rally, picket line or assembly. Nothing in this section shall prohibit a disabled person from carrying a cane, walker, or similar device necessary for providing mobility so that the person may participate in a demonstration, rally, picket line, parade or assembly. Section 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 3. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation, published and circulated in the city within fifleen (15) days afier its passage in accordance with Section of the Government Code, shall certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk s certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this city. Adopted: Effective: ATTEST: JULIAN A. GOLD, M.D. Mayor of the City of Beverly Hills BYRON POPE City Clerk. APPROVED AS TO FORM: (SEAL) APPROVED AS TO CONTENT: LAURENCE S. WIENER City Attorney MAHDI ALUZRI City Manager B l\ v1-a.doc -3-

8 Document comparison by Workshare 9.5 on Tuesday, March 27, :1 6:39 PM Input: Document I ID interwovensite://rwgdm1/rwgiman1/ /1 Description # v1<RWGIMAN1> - Ordinance Regulating Possession of Certain Items at Public Protests, etc. Document 2 ID interwovensite://rwgdm1/rwgiman1/ /4.. Description # v4<RWGIMAN1> - Ordinance Regulating Possession of Certain Items at Public Protests, etc. Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Fomiat change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 11 Deletions 2 Moved from 1 Moved to 1 Style change 0 Format changed 0 Total changes 15

9 Attachment 2

10 ORDINANCE NO AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO REGULATE THE POSSESSION OF CERTAIN ITEMS AT DEMONSTRATIONS, RALLIES, PICKET LINES, PARADES AND ASSEMBLIES RECITALS WHEREAS, pursuant to the police powers delegated to the City of Beverly Hills by the California Constitution, the City has the authority to enact laws which promote the public health, safety and general welfare of its residents; and WHEREAS, numerous public protests, demonstrations and rallies conducted throughout the Nation, as well as cities throughout California, have erupted in violence between demonstrators and counter-demonstrators, and violence against law enforcement personnel; and WHEREAS, individuals, acting alone or in concert with others have used improvised weapons to inflict injury on members of the public attending these events and law enforcement personnel responding to these events, thereby posing a real and serious threat to life and safety; and WHEREAS, various improvised items have been used to injure attendees and harm or incapacitate law enforcement officers, including wood and metal pipes, poles, bats, chains, projectiles (such as rocks, concrete, pellets and ball bearings), glass bottles and containers filled with flammable or noxious substances, and aerosol sprays deployed to cause flames or attack olfactory systems; and WHEREAS, it is imperative that individuals engaging in peaceful expressive public activity, and law enforcement personnel dedicated to protecting such activity, be allowed to do so without suffering injury. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Article 2 ( Parades And Assemblies ) of Chapter 3 ( OTHER ACTIVITIES REQUIRING REGULATORY PERMITS ) of Title 4 ( REGULATION OF CERTAIN TYPES OF BUSINESSES AND ACTIVITIES ) of the Beverly Hills Municipal Code is hereby amended and restated to read as follows: : PROHIBITIONS: The following prohibitions shall apply to all demonstrations, rallies, picket lines, parades and assemblies: A. It shall be unlawful for any person to carry or possess, while participating in any parade or assembly, any length of lumber, wood, or wood lath greater than one foot (1 ) in length, unless such object is of wood, is blunted at its ends, and is one-fourth inch (1/411) or less in thickness and B \ v4doc

11 two inches (2 ) or less in width, or if not generally rectangular in shape, such object shall not exceed three-fourths inch (3/4!!) in its thickest dimension. B. It shall be unlawful for any person to carry or possess any length of plastic pipe or metal greater than one foot (1 ) in length or greater than one-quarter inch (/4 ) in its thickest dimension. C. It shall be unlawful for any person to carry any sign, poster, plaque, or notice, whether or not mounted on a length of wood as specified in subsection A of this section, unless such sign, poster, plaque, or notice is constructed solely of a cloth, paper, or cardboard material no greater than one-quarter inch (1/4!!) in thickness. D. It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal drawn vehicle upon any public street, unless specifically authorized by a permit. E. It shall be unlawful for any person to carry or possess any projectile launcher or other device which is commonly used for the purpose of launching, hurling, or throwing any object, liquid, material or other substance. F. It shall be unlawful for any person to carry or possess weapons such as firearms, knives, swords, sabers or other bladed devices, axes, hatchets, ice picks, razor blades, nun chucks or martial arts weapons of any kind, box cutters, pellet or BB guns, conducted electrical weapons (CEW5), including, but not limited to, Tasers or stun guns, metal/composite/wooden knuckles, or any chain greater than 20 inches in length or greater than 4 inch in diameter. G. It shall be unlawful for any person to carry or possess any balloons, bottles or any other container containing any flammable, biohazard, or other noxious matter which is injurious, or nauseous, sickening or irritating to any of the senses. H. It shall be unlawful for any person to carry or possess any aerosol spray, tear gas, mace, pepper spray or bear repellant. I. It shall be unlawful for any person to carry or possess glass bottles, whether empty or filled. I. It shall be unlawful for any person to carry or possess shields made of metal, wood, hard plastic or any combination thereof. K. It shall be unlawful for any person to carry or possess bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings. L. It shall be unlawful for any person to carry or possess baseball or softball bats, regardless of composition or size; provided, however, that such items are permissible when configured of cloth, cardboard, soft plastic, foam or paper for expressive purposes. BO785-OOOI v4.doc -2-

12 M. It shall be unlawful for any person to carry. possess or wear, any gas mask or similar device designed to filter all air breathed and that would protect the respiratory tract and face against irritating, noxious or poisonous gases. N. It shall be unlawful for any person to fail to abide by the instructions of a traffic control officer given for the purpose accommodating traffic, including emergency vehicles, through and across a parade route, demonstration, rally, picket line or assembly. of Nothing in this section shall prohibit a disabled person from carrying a cane, walker, or similar device necessary for providing mobility so that the person may participate in a demonstration, rally, picket line, parade or assembly. Section 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 3. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation, published and circulated in the city within fifteen (15) days after its passage in accordance with Section of the Government Code, shall certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk s certification, together with proof of publication, to be entered in the Book of Ordinances the Council of this city. Adopted: Effective: ATTEST: JULIAN A. GOLD, M.D. Mayor of the City of Beverly Hills of of BYRON POPE City Clerk (SEAL) APPROVED AS TO FORM: LAURENCE S. WIENER City Attorney ) APPROVED AS TO CONTENT: MAHDI ALUZRI City Manager B07$ Iv4doc -3-

13 Attachment 3

14 2017 VIOLENT PROTEST SUMMARY Date: January 20, 2017 Incident: Inauguration Day Protest Washington D.C. Arrests: 230 arrests, 214 indicted Felony Rioting Injuries: Unknown number of civilians. Six (6) police officers (cuts/bruises/possible concussion) Damage: Vandalism to store fronts and arson to vehicle. Weapons: Rocks, bricks, baseball bats, and hammers. Summary: Anti-fascists smashed storefronts and bus stops, hammered out vehicle windows and launched rocks at police. Protesters also assaulted a limousine driver and set fire to his vehicle. (Source: LAPD, Open-source) Date: February 1, 2017 Incident: Arrests: Injuries: Damage: Weapons: Summary: Yiannopoulos Protest U.C. Berkeley One (1) arrest Remaining at the scene of a riot Six (6) civilians (multiple cuts/bruises, burning sensations, minor burns) $100,000 in damage to campus, 10 businesses vandalized, and trash cans set on fire. Smoke bombs, Molotov cocktails, commercial grade fireworks, bottles containing biohazards, pepper-spray, rocks, and bicycle locks. Masked agitators threw rocks and set fires on the U.C. Berkeley campus leading to the cancellation of planned event. (Source: LAPD, U.C. Berkeley P.D. and Open-source) Date: March 4, 2017 Incident: Free Speech Protest U.C. Berkeley Arrests: Ten (10) arrests (1 - Resisting arrest, 4 - Assault with a Deadly Weapon (ADW), 5 - Battery) Injuries: Seven (7) civilians (concussion, burning sensations, fractured ribs, multiple cuts/bruises) Damage: Vandalism to store fronts and vehicles, burning of signs. Weapons: Baseball bats, bricks, 2x4 boards, daggers, smoke bombs, signs and pepper spray. Summary: President Trump supporters marched several blocks and were met by a group of counter-protesters. Fights and vandalism ensued. (Source: LAPD, U.C. Berkeley P.D. and Open-source)

15 2017 VIOLENT PROTEST SUMMARY Date: April 15, 2017 Incident: Protest Demanding Release of President Trump Tax Returns U.C. Berkeley Arrests: Twenty-three (23) arrests (ADW, other felonies) Injuries: Eleven (11) civilians (head lacerations, concussions, broken finger, burning sensations) Damage: Unspecified damage to store fronts and vehicles. Weapons: Rocks, sticks, pepper-spray, knives, flag poles, skateboards Summary: A crowd of approximately 200 people were at a park when violence broke out among protesters (Source: LAPD, U.C. Berkeley P.D. and Open-source) Date: May 1, 2017 Incident: May Day Rally Portland, Oregon Arrests: Twenty-five (25) arrests (22 Disorderly conduct, 1 Assault on a Peace Officer, 2 interfering with law enforcement, 3 Rioting) Injuries: None reported Damage: Vandalism to police vehicles and store fronts, fires set in the street, attempted arson of a structure) Weapons: Molotov cocktails, rocks, ball-bearings, fireworks, smoke bombs, road flares and soda cans. Summary: A May Day march developed into a riot with random acts of violence against police and emergency personnel, arson, and vandalism. (Source: LAPD, Opensource) Date: August 12, 2017 Incident: Unite the Right Rally Charlottesville, Virginia Arrests: Eighty-three (83) arrests (1 - Murder, 50 - Failure to Disperse, 32 - Breaking and Entering) Injuries: One (1) civilian death, 19 civilians injured (Laceration to head, cuts/bruises, concussions) 12 Police Officers injured (Burns, cuts/bruises, concussion) Damage: Vandalism to police vehicles Weapons: Firearms, fireworks, smoke bombs, flag poles, body armor, helmets, aerosol cans, bicycle locks and arson to flags. Summary: A rally with both Alt-Right and counter-protesters present erupted into a riot resulting in multiple acts of violence and vandalism. (Source: LAPD, Open-source)

16 2017 VIOLENT PROTEST SUMMARY Date: August 19, 2017 Incident: Boston Free Speech Rally Boston, Massachusetts Arrests: Thirty-six (36) arrests (Affray, Disorderly Conduct, Unlawful Possession of a Firearm/Ammunition, Aiding and Abetting, Trespassing, Disturbing Public Assembly, Resisting Arrest, Assault and Battery on a Peace Officer, Disturbing the Peace) Injuries: Cuts/Bruises, bite marks Damage: Vandalism to police vehicles Weapons: Firearms, knives, tactical vests used, ball bearings, bottles, bottles filled with urine, traffic cones, rocks, petroleum-based gel-type fire starter fluid. Summary: A rally with both Alt-Right and counter-protesters present erupted into a riot resulting in multiple acts of violence and vandalism. (Source: LAPD, Open-source) Incident reports and video of altercations indicated that multiple suspects assaulted officers and then retreated into the crowd to elude arrest; officers had protective gear and department radios removed from their person and suffered blows of sufficient force to crack the protective shield of one of the helmets. Date: August 20, 2017 Incident: America First Rally Laguna Beach, California Arrests: Four (4) arrests (1 ADW, 1 Resisting arrest, 1 Possession of a dagger, 1 Failure to disperse) Injuries: One (1) civilian (Cuts/bruises) Damage: Minor damage to vehicles and store fronts. Weapons: Dagger, Bottles with biohazard, Taser, chairs. Summary: Approximately 2,500 Pro-Trump and Anti-Trump protesters met at a park in Laguna Beach. LBPD monitored the event with the assistance of the Orange County Sheriff s Department, CHP and other agencies. (Source: LAPD, Laguna Beach P.D.)