REPORT TO THE CITY COUNCIL
September 11, 2014
FROM: COUNCILMEMBER LEE BRAND
Council District #6
SUBJECT
Title
BILL (For introduction) - Adding Article 6 of Chapter 5 to the Fresno Municipal Code prohibiting controlled substance use on City property.
Body
RECOMMENDATION
It is recommended that the City Council approve the attached ordinance adding Article 6 of Chapter 5 to the Fresno Municipal Code, prohibiting the use of controlled substances on City property.
EXECUTIVE SUMMARY
The attached ordinance amends the Fresno Municipal Code by prohibiting the use of controlled substances on City property to protect the public health, safety, and welfare. Without this prohibition, use of controlled substances on City property may occur without the City's ability to control the negative effects to the health, safety, and welfare of the citizens of the City.
BACKGROUND
This ordinance provides a way for the City to outlaw the unauthorized use of controlled substances on City property, including City owned parks, buildings, and entertainment facilities. The Directors of PARCS and Development and Planning are responsible for the administration and enforcement of this ordinance.
ENVIRONMENTAL FINDINGS
Pursuant to CEQA Guidelines, section 15061(b)(3), it can be seen with certainty that there is no possibility that this ordinance may have a significant effect on the environment. This is because unauthorized use of controlled substances is already prohibited by state and federal law. Therefore, it is not subject to CEQA.
LOCAL PREFERENCE
Local preference was not considered because this ordinance does not include a bid or award of a construction or services contract.
FISCAL IMPACT
The fiscal impact will include the use of existing staff to enforce the ordinance, which would include staff from the Police Department, PARCS Department, Code Enforcement, and the City Attorney's Office. These costs may be offset by any civil penalties collected through administrative citations imposed to enforce the ordinance.
Attachment: Ordinance