HomeMy WebLinkAboutORD FOR INTRO 04-15-91DATE:
TO:
FROM:
SUBJECT:
APRIL 81 1991
WILLIAM A. HUSTON, CITY MANAGER
POLICE DEPARTMENT
ORDINANCE FOR INTRO. 1
4-15-91
Inter -Com
ORDINANCE REVISION -- DISORDERLY CONDUCT
We requested the City Attorney's office to
u Municipal
lode
Section 6330 to see if it was overbroad an outmoded asstated
our District Attorney's Office. Attached is Mr. Rourke's opinion,
that it is in fact overbroad and his corresponding ordinance
revision to correct the problem.
Please add this to the calendar of the upcoming Council Meeting if
at all possible.
W. DOUGLAS RANKS
Chief of Police
DF:dh
Inter - Com
DATE: MARCH 28, 1991
TO: W. DOUGLAS FRANKS, CHIEF OF POLICE
FROM: CITY ATTORNEY
SUBJECT: DISORDERLY CONDUCT ORDINANCE/DISTRICT
ATTORNEY'S OFFICE PROBLEMS
This memorandum is in response to your memorandum of March 4,
1991 regarding the above -subject.
We have reviewed the package of materials relating to the
citation issued against Thomas Dixon (Municipal Code violation
charging use of obscene language in a public place - Section 6330).
We are in agreement with the comments of the District Attorney's
Office that Municipal Code Section 6330 is outmoded in that it is
preempted by certain provisions of the Penal Code. More
particularly, Penal Code Section 314 regulates public exposure of
one's body, Penal Code Section 415 prohibits disturbance of the
peace, including loud noises and Section 650.5 prohibits conduct
which openly "outrages public decency".
With respect to the request for an ordinance regulating
urination in the public we have prepared such an ordinance (see
attachment) . Based upon our attached code amendment, we feel it is
appropriate at this time to repeal existing Section 3330 and to
replace it with a new section which deals with the more narrow
subject of urination and defecation in the public.
With respect to the role of District Attorney's office in
reviewing our ordinances, it is my feeling that there is at least
a limited role for the District Attorney's office to comment on
perceived defects in some of our older ordinances. I would like to
approach the problem on a case-by-case basis at this point. Also,
I have instructed our new attorney John Shaw to work with the
police departme in evaluating whether certain of our ordinances
are out a sh uld be amended.
JAMES . ROURKE JO R. SHAW
CITY ATTORNEY AS ISTANT CITY ATTORNEY
JRS: cas:R:03/28/91(12.jrs)
cc: WH
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ORDINANCE NO. 1067
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA AMENDING
SECTION 6330 OF PART 3 OF CHAPTER 3
"DISORDERLY CONDUCT" OF TITLE 6
"PUBLIC WELFARE" OF THE MUNICIPAL CODE
RELATING TO INDECENT CONDUCT
The City Council of the City of Tustin hereby ordains as
follows:
Section 1: Code Amendments
Municipal Code Section 6330 "Indecent Exposure, language,
etc." of Part 3 "Exposure", of Chapter 3 "Disorderly Conduct" of
Title 6 "Public Welfare" is hereby amended in its entirety to read
as follows:
"Part 3. Urination and Human Waste.
Section 6330 - Urination and Human Waste
No person shall urinate or defecate on private property
in an area exposed to the public view, or on any public
street, sidewalk, alley, park or other public place,
except in a public restroom."
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin held on the day of , 1991.
Mary E. Wynn, City Clerk
Richard B. Edgar, Mayor