BEGIN:VCALENDAR VERSION:2.0 X-WR-CALNAME:www.indybay.org PRODID:-//indybay/ical// v1.0//EN BEGIN:VEVENT UID:Indybay-18762778 SEQUENCE:18879453 CREATED:20141013T040500Z DESCRIPTION:CRACKING DOWN ON THE POOR\nAgenda Item #21 is a staff-generated proposal to vastly increase the amount of time those given low-level infraction tickets in city parks can be forced to stay away from the park. \n\nThe ordinance expanded to monstrous proportions is MC 13.08.100 described as "ORDER TO VACATE ANY PROPERTY MAINTAINED BY THE PARKS AND RECREATION DEPARTMENT".\n\nSTAY-AWAY ORDERS WILDLY EXPANDED\nThe proposed penalty for violating such an order is a misdemeanor conviction (up to a year in jail or $1000 fine).\n\nSpecifically, according to the staff report: \n\n"The proposed amendment provides for incremental increases in time that a person receiving a citation in a City park, beach or any other property maintained by the Parks and Recreation Department must stay away from the property where the arrest was made or citation issued.\n(a) First offense (existing ordinance): Twenty-four hours from the time of the citing/arresting officer’s order.\n(b) Second offense within one week of the first offense: One week from the date of the citing/arresting officer’s order in response to the second offense.\n(c) Third offense within thirty days of the second offense: Thirty days from the date of the citing/arresting officer’s order in response to the third offense. \n(d) Fourth offense within six months of the third offense: Six months from the date of the citing/arresting officer’s order in response to the fourth offense. \n(e) Fifth offense within one year of the fourth offense: One year from the date of the citing/arresting officer’s order in response to the fifth offense."\n\nHOMELESS REMOVAL--NO DUE PROCESS REQUIRED!\nNote that one doesn't have to be convicted of any offense, even charged in court with any offense, simply cited for an offense for this law to go into effect. \n\nSince the original 13.08.100 was passed in 2013, many have been given one-day stay-away's along with their smoking, camping, or "park closed" citations. This law is designed to punish and exclude homeless people without the need to go to court and actually prove a crime.\n\nFUN FOR THOSE STALKING THE HOMELESS--NOT JUST IN THE PARKS! \nAlso note that the sway of this new law goes far beyond the city parks, since it also applies to "any other property maintained by the Parks and Recreation Department." \n\nThis apparently includes, according to MC 13.04.0111, \n"without limitation all city parks and greenbelts, all city park trails and roads, all city park facilities and buildings, including Lighthouse Field State Beach, DeLaveaga Golf Course, Main Beach, Cowell’s Beach, Steamer Lane, Harvey West Pool, the Beach Flats Community Center, the Louden Nelson Community Center, the Teen Center, the Civic Auditorium, City Hall Courtyard, Mission Plaza, the Town Clock, the Natural History Museum, the Surfing Museum, Santa Cruz Municipal Wharf, Pacific Avenue, West Cliff Drive (Pelton Street to Swanton Boulevard), the San Lorenzo River Levee and bike path, the San Lorenzo Benchlands, the inner banks of the San Lorenzo River within the City limits, the Branciforte and Cabonera Creeks within the city limits, Jessie Street Marsh, plus any other facilities or areas assigned to the parks and recreation department by the city manager."\n\nCRIME WAVE! \nThe specifically stated crimes of "chronic violators" includes "smoking, possession of alcoholic beverages, camping, \npublic urination and entering a closed area". Folks apparently commit these dangerous behaviors and return 24-hours later (which is the limit of stay-away orders under the current law).\n\nThe purpose--the report continues-is to give the police more tools. \n There is no indication of any increase in real "crime" in the parks, simply a determination to drive travelers and local homeless people away.\n\nThe statistics provided claim \n21 subjects violated the order returning to the park within 24 hour and were subsequently arrested. \n77 subjects returned to the parks or beaches after to 24 hours were up however, were given a second order to vacate for continuous unlawful behaviors. \n26 subjects received three orders to vacate. \n12 subjects received 4 orders to vacate. \n1 individual received 13 orders to vacate.\n\nMISSING FROM THE REPORT\nHowever they give no indication of what these people were cited for, whether they were actually charged in court, nor whether the individuals charged were actually convicted of those "crimes".\n\nBathrooms in the parks close at dusk or earlier. There are, of course, no sleeping areas in the City for the vast majority of those outside where it is legal to be. And only one 24-hour portapotty in the downtown area (the Posner Pooper).\n\nWHY BOTHER TO TALK TO THE VICTIMS OR INFORM THE PUBLIC?\nIt is not clear that any homeless or social service agencies have been consulted. I've not heard that any out reach has been done to the homeless community. This is the 21st century equivalent of Sunset Laws where blacks were told to be "gone by sundown" from many towns in the country.\n\nThere has been no mention of this proposed Council deportation of homeless people in the kept media (Sentinel, Good Times, City on a Hill.\n\nREAD THE REPORT, THEN ROAR BACK\nStaff reports and ordinance can be found at Council's agenda at http://scsire.cityofsantacruz.com/sirepub/mtgviewer.aspx?meetid=569&doctype=AGENDA under agenda item #21.\n\nCity Council members need to be e-mailed at citycouncil@cityofsantacruz.com . Individual council members can be reached by taking the first initial and last name of the Council member and adding @cityofsantacruz.com to it (e.g. mposner@cityofsantacruz.com.\n\nDannettee Shoemaker and Martin Bernal are two of the highest paid officials in the City earning over $200,000 a year (not counting their benefits). They have signed their name to this police state measure--need to be horsewhipped and put in the stocks for this latest attack.\n\nTOWN-WIDE IMPACT\nThe consequence of the massively increased policing downtown, expanded stay-away orders, anti-median ordinance, and authority-encouraged bigotry against those outside has been pressure on the churches who do provide services. \n\nThe Circles Church has closed down its warming center and some of its meal services. The Red Church no longer allows people on its lawns prior to the meal. \n\nCOST OF THE MANUFACTURED CRISIS? UNKNOWN.\nThere is no indication of the cost in manpower and tax expense for the increased "drive 'em out" policies of the Robinson-Mathews City Council during the last two years. \n\nNor any estimation of how much the increased penaltes will cost--especially if contested in court. Already the city is facing a potential class-action lawsuit from activists gathering data about the amount of homeless property destroyed by police and rangers.\n\nThe repeated citations are obviously taking police and ranger attention away from other areas and aren't free. Apart from the immorality and futility of the whole thing, there's no indication of the expense involved.\n\nREAL CRIMINALS ARE THOSE IN POWER\nDannettee Shoemaker head of Parks and Recreation and Martin Bernal, City Manager, are two of the highest paid officials in the City earning over $200,000 a year (not counting their benefits). They have signed their names to this police state measure. \n\nThe class war on the poor is advancing relentlessly under color of law.\n https://www.indybay.org/newsitems/2014/10/12/18762778.php SUMMARY:Nasty Anti-Homeless Stay-Away Laws to Get Exponentially Worse LOCATION:809 Center ST. City Council Chambers Santa Cruz\nAt the afternoon City Council meeting. The item is the third of three other Public Hearings scheduled, so it may come up significantly later than 3, and perhaps (though it's unlikely) earlier. URL:https://www.indybay.org/newsitems/2014/10/12/18762778.php DTSTART:20141014T220000Z DTEND:20141014T223000Z END:VEVENT END:VCALENDAR