CITY OF BEVERLY HILLS COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: Recreation and Parks Commission FROM:

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1 CITY OF BEVERLY HILLS COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: Recreation and Parks Commission James R. Latta, LC.S.W., Human Services Administrator DATE: November 24, 2015 SUBJECT: Proposed Ordinance of the City of Beverly Hills Municipal Code to prohibit adults in playgrounds unless accompanied by children ATTACHMENT: 1. Adults in Playgrounds Proposed Ordinance September 29, 2015 Memo to the RPC 2. Reeve s Mini Park The City s Human Services and Park Ranger teams have repeatedly observed adults using playground equipment engineered for minors for both recreational and sheltering purposes. To encourage appropriate use of City park playground equipment, the proposed amendment prohibits adults from being present on a City park playground unless accompanied by a minor lawfully under his or her custody or control, using such playground (attachmentl). At last month s meeting the Commission asked for clarification on the consequence for violating the proposed ordinance. Violation of the proposed ordinance would be a misdemeanor unless specified or prosecuted as an infraction. Typically, the individual receives a citation and must appear in court. Failure to appear in court can lead to issuance of a warrant. The Commission questioned whether posting a No Loitering sign could address the same concern. The mere act of loitering is no longer considered unlawful. Although, there are highly specific behaviors that have led to problems such as blocking a public sidewalk, stopping vehicle traffic, asking for money within a certain distance of an ATM machine, public intoxication, unlawful lodging and remaining on private property after being asked to leave. The proposed ordinance meets these highly specific criteria and was vetted through the City Attorney s Office. Determining which designating areas of parks would be off-limits to adults was another topic of discussion. For purposes of this amendment, playground is an improved area that is designed and set aside for children s play and may include play apparatuses such as swings and slides, and is an area defined by a ground surface consisting of, but not limited to, sunken sand, pourin-place rubber material, rubber mulch, or wood chips. Included in attachment 2 are pictures of Reeve s Mini Park to help clarify the difference between the restricted playground area and the rest of the park available to all adults. Please note the colored area under the play apparatus would be restricted under the proposed ordinance. Anyone is still welcome to sit on the bench next to the play apparatus and enjoy the park. This amendment would apply to playgrounds located at the following parks: La Cienega Park, Coldwater Canyon Park, Reeves Park, and Roxbury Park. Hamel and Arnaz mini parks are not included because they are closed and locked nightly.

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3 CITY OF BEVERLY HILLS COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: Recreation and Parks Commission FROM: James A. Latta, L.C.S.W., Human Services Administrator DATE: September 29, 2015 SUBJECT: Adults in Playgrounds ATTACHMENT: Proposed Ordinance The Human Services Division presents the Commission a proposed ordinance to regulate adult use of City playground equipment. The Commission is asked to consider and produce a recommendation which will be relayed to City Council. Introduction The City s Human Services and Park Ranger teams have repeatedly observed adults using playground equipment engineered for minors for both recreational and sheltering purposes. The City of Beverly Hills is committed to a holistic approach in addressing the causes of, as well as deterring, certain conduct on public property. Discussion Seeking appropriate methods to intervene, City staff researched strategies that have been used by other cities to promote appropriate use of the playground equipment. The cities of Santa Monica and San Francisco have established ordinances regulating adult access to playgrounds. Nationally, the cities of Hollywood Florida, Miami Beach Florida and New York City have instituted municipal codes designating areas of parks as off-limits to adults unless accompanied by a minor. To encourage appropriate use of City park playground equipment, the proposed amendment prohibits adults from being present on a City park playground unless accompanied by a minor lawfully under his or her custody or control, using such playground. For purposes of this amendment, playground is an improved area that is designed and set aside for children s play and may include play apparatuses such as swings and slides, and is an area defined by a ground surface consisting of, but not limited to, sunken sand, pour-in-place rubber material, rubber mulch, or wood chips. Playground does not include an improved area intended for use as an athletic playing field, athletic court, or skateboarding park. This amendment would apply to playgrounds located at the following parks: La Cienega Park, Coidwater Canyon Park, Reeves Park, Roxbury Park. Fiscal Impact The cost to update signage at City Playgrounds advising patrons of the amendment to the ordinance will be completed at a minimal cost. Adopting the proposed ordinance amendment does not result in a fiscal impact on the City.

4 Public education about this amendment will be disseminated by Community Services Department via the Human Services Division, Park Rangers and the Beverly Hills Ambassador Team. The amendment will be enforced by the Beverly Hills Police Department.

5 ORDINANCE AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO PROHIBIT ADULTS IN PLAYGROUNDS UNLESS ACCOMPANIED BY CHILDREN THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Paragraph H is hereby added to Section ( RESTRICTIONS APPLICABLE TO USE OF PARK AND RECREATIONAL FACILITIES ) of Chapter 1 ( PARKS AND RECREATIONAL FACILITIES ) of Title 8 ( PARKS, STREETS, AND OTHER PUBLIC PROPERTY ) of the Beverly Hills Municipal Code to read as follows: H. No adult age eighteen or older shall be present in any City owned playground unless the adult is accompanying a child or children age twelve or younger using the playground, and the child or children are lawfully under the adult s custody or control. For purposes of this paragraph, playground shall mean an improved area that is designed and set aside for childrens play, which may include equipment such as swings and slides, and is posted with signs advising of the prohibition set forth in this paragraph. Playground does not include an improved area intended for use as an athletic playing field or athletic court. Section 3. Severability. If any section, subsection. subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place. is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect. Section 4. 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 of the Council of this city. Section 5. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. Adopted: Effective: JULIAN A. GOLD, M.D. Mayor of the City of Beverly Hills. California BO785OOOl\I v I.doc

6 ATTEST: BYRON POPE City Clerk APPROVED AS TO FORM: (SEAL) APPROVED AS TO CONTENT: LAURENCE S. WIENER City Attorney MAHDI ALUZRI City Manager STEVE ZOET Director of Community Services B07$5M001\ v1.doc

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