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HomeMy WebLinkAboutNS-2506 - Establishing Interim Time, Place, and Manner Restrictions for Cyber Cafes Pending Further Study ORDINANCE NO. NS-2506 NO, ~3- ~-/~, i , ANA ESTABLISHING INTERIM TIME, PLACE, AND MANNER RESTRICTIONS FOR CYBER CAFES PENDING FURTHER STUDY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: Because of its age, provisions of the Santa Ana Municipal Code fail to fully take into account the potential impacts associated with the establishment of cyber cafes and fail to address the needs of the city and its residents today and in the future. Provisions of Chapter 41, and potentially other chapters, of the Santa Ana Municipal Code ("the Code") do not include standards to mitigate the impacts to the health, safety and public welfare caused by the establishment and operation of cyber cafes. As such, provisions of the Code need review, study and possible revision in order to respond to recent concerns relating to the impacts of cyber cafes and the potential establishment of new cyber cafes in the city. Given these concerns, the city council has requested that a study be undertaken of the current provisions of Chapter 41 of the Code to create development standards for cyber cafes citywide. Without adoption of this ordinance, properties in the City could quickly receive entitlements to establish cyber cafes despite the fact that the city council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revise the Code to address concerns created to cyber cafes. Cyber cafes' activities are frequently associated with detrimental impacts to the surrounding area. Neighboring cities have experienced violent criminal activity associated with the cyber cafes. Neighboring jurisdictions have reported incidents including but not limited to, shootings, stabbings, assaults, drug and gambling offenses, truancy, curfew violations, loitering and gang related offensives. Garden Grove's city council received a report dated December 31, 2001, from the Garden Grove Police Department documenting a number of crime and gang related activities occurring in and about cyber cafes within the City of Garden Grove. The report Ordinance No. NS-2506 Page 1 of 9 documented that within the last twelve months a number of crime incidents, including but not limited to, felonious assaults, probation violations, and possession of illegal drugs have occurred at these cyber cafe business locations. On June 8, 2002, Edward Fernandez, age 14, was followed from a Garden Grove cyber cafe and shot to death. In the City of Garden Grove, on December 30, 2001, Phoung Huu Ly, age 20, died after he was stabbed in the head with a screwdriver in the parking lot of a cyber cafe. Gang related incidents have been occurring in association with cyber cafes. According to Officer Kovacs, a gang unit officer in the City of Garden Grove Police Department, a cyber cafe customer was stabbed after being rushed by a group of suspected gang members who traced him down from another cyber caf6. City of Costa Mesa Police Lt. Ron Smith has stated "The violence stems largely from the competitiveness of the computer games spilling over into the street" and "gang members have been known to travel from one cyber cafe to another to settle scores or avenge insults sent via the Internet." Lt. Smith summarized the problems encountered by other law enforcement agencies in Southern California by cyber cafes as "murder, drive-by shootings, assaults, organized-crime money laundering, identity theft, computer hacking, gambling, loitering, curfew violations and noise disturbances." In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the city as a result of the studies, in that the establishment or construction of cyber cafes may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plans or specific plans. Moreover, permitting such cyber cafes to be established or expanded during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. The Request for Council Action for this ordinance dated July 15, 2002 and duly signed by the city manager shall, by this reference be incorporated herein, and together with this ordinance, any amendments or supplements Ordinance No. NS-2506 Page 2 of 9 and the oral testimony before the city council, shall constitute the necessary findings for this ordinance. The city council has considered all of the written and oral testimony offered concerning whether to adopt this emergency ordinance. H= The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such an urgency are set forth in paragraphs A-G, inclusive of this ordinance. The City Council further finds that this ordinance constitutes a matter of Citywide importance and is not directed towards nor targeted at any particular parcel of property or proposed occupant. Section 2. Establishment of Operating Restrictions for Cyber Cafes No new cyber cafe shall be established or existing cyber cafe expanded in the city unless (1) it is located in a zoning district in which such use is either allowed by right or allowed with issuance of conditional use permit, (2) it complies with all the standards set forth in section 2.B. of this ordinance, and (3) it complies with all otherwise applicable provisions of the Code excepting that no cyber cafe shall be required to obtain a conditional use permit. No new cyber cafe shall be established, or existing cyber cafe be expanded unless it complies at all times with the following standards: Minors (under 18 years of age) shall not be permitted to enter or remain in a cyber cafe during the following periods unless accompanied by a parent or legal guardian: Between 8:00 a.m. and 2:00 p.m., or after 8:00 p.m. on Monday through Thursday of each week; ii. Friday between 8:00 a.m. and 2:00 p.m., or after 10:00 p.m. iii. Saturday after 10:00 p.m. iv. Sunday after 8:00 p.m. The above weekday hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the City of Santa Ana. Ordinance No. NS-2506 Page 3 of 9 vi. Notice of these hours of restriction for minors shall be posted at the entrance in lettering of at least two (2) inches in size. The cyber cafe shall not be open to customers, patrons or any member of the public on any day between the hours of 12:00 a.m. and 7:00 a.m. "No loitering" signs shall be posted at the front and rear of the business. In addition, a waiting area with not less than eight (8) seats shall be provided for customers waiting to use a computer. No outside waiting or seating area is permitted. No person shall be permitted to consume alcohol on the premises. Employees shall be at least 18 years of age. There shall be a minimum of one (1) employee managing the cyber cafe during all working hours. During each employee's working hours, the employee shall wear a badge identifying the business and the employee's full name. Occupancy shall not exceed that required under the uniform building code and uniform fire code, and the maximum occupancy load shall be posted at the main entrance. The establishment shall maintain and operate a camera/video surveillance system during all business hours. The system shall cover the entire interior of the premises and all entrances to and exists from the establishment. Tapes/disks shall be kept a minimum of 72 hours. The owner shall permit the City to inspect the tapes/disks during business hours. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under camera/video surveillance. The owner shall submit and receive approval of a fire exit plan from the City's Fire Department. The plan shall address all existing requirement of the uniform building code and uniform fire code. This includes, but is not limited to, providing an exiting plan showing equipment location, aisle locations and dimensioned widths, and having approved exit doors and panic hardware. Any adult entertainment business is prohibited unless specifically approved pursuant to the requirements of Santa Ana Municipal Code Section 41-1700 et seq. Ordinance No. NS-2506 Page 4 of 9 10. Visibility into and inside the establishment from the adjacent street and sidewalk shall be maintained at all times. 11. The operator, at his/her expense, and at all times the establishment is open for business, shall provide a California licensed uniform security guard on the premises at the request of the Police Chief. 12. Lighting levels within 60 feet of the use and in all required parking areas shall be maintained at a minimum 1 footcandle of light. 13. No interior or exterior pay phones shall be permitted. Section 3. Definitions For purposes of this ordinance, words and terms shall be given the same meaning as they are given in the Code, except that the term "cyber cafe" shall be defined as follows: "Cyber cafe" shall mean an establishment that provides more than six (6) computers and/or other electronic devices for access to the Internet, e-mail, video games or computer software programs which are networked (via LAN or WAN) or which function as a client/server program, and which seeks compensation in any form from users. Cyber cafe is synonymous with PC cafe, internet cafe or cyber centers, but does not include a cyber learning center as set forth in section 6 of this ordinance. Section 4. Effective Date Pursuant to section 415 of the city's charter, this interim ordinance is introduced, passed and adopted at the same meeting and shall take effect immediately. It shall be effective for a period of 45 days from the date of its adoption, and thereafter shall be null and void unless extended by further action of the city council. Section 5. Enforcement/Penalties A. A violation of this interim ordinance shall be deemed to be a misdemeanor. B. The city attorney is further authorized to institute a civil action as an alternative remedy to enforce the provisions of this ordinance. Section 6. Those cyber learning centers, also known as "public access computer centers," which are identified in Exhibit A attached hereto and incorporated as though fully set forth by this reference, shall be exempt from this ordinance. Ordinance No, NS-2506 Page 5 of 9 Section 7. Staff shall contact all known existing cyber cafes in the city, provide each with a copy of this emergency ordinance and give each notice of all future public hearings regarding cyber cafes. Section 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason 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 of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 9. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 10. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The city council finds that this ordinance is necessary to protect and preserve the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A-I, inclusive of this ordinance. ADOPTED this 15th day of July, 2002.  M iguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee/E~. Ocl~{te' Depub7 City Attorney Ordinance No, NS-2506 Page 6 of 9 AYES: NOES: ABSTAIN: Councilmembers: AIvarez, Bist, Christy, Franklin, McGuioan. Solorio (6) Councilmembers: None Councilmembers: None (0) NOT PRESENT: Councilmembers: Pulido CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2506 to be the original ordinance adopted by the City Council of the City of Santa Ana on July 15, 2002. Clerk of the Council " F City of Santa Ana Ordinance No, NS-2506 Page 7 of 9 EXHIBIT A PUBLIC ACCESS COMPUTING CENTERS IN SANTA ANA Name II Address Business and Industry Service 901 E. Santa Ana Blvd. Center Santa Aha, CA 92701 Cambodian Computer Center 1111 E. Wakeman, Suite E Santa Ana, CA 92704 Carr Intermediate 2120 W. Edinger Ave. Santa Aha, CA 92704 Centennial Education Center 2900 W. Edinger Ave. Santa Ana, CA 92702 Cesar Chavez High School 2128 S. Cypress (Continuation School) Santa Ana, CA 92707 Computer Lab for Adults Central 26 Civic Center Plaza Library Santa Ana, CA 92701 Corbin Seedtech Technology 2215 W. McFadden Ave. Center Santa Ana, CA 92704 Learning Center 26 Civic Center Plaza Central Library Santa Ana, CA 927010 Los Puentes Learning Center 805 S. Townsend, Apt. 4 Santa Ana, CA 92704 Madison Elementary School 1124 E. Hobart Santa ^na, CA 92707 Marketplace Education Center 201 E. 4th St. Santa Ana, CA 92701 McFadden Library Learning 2627 W. McFadden Ave. Center Santa Ana, CA 92704 Minnie Street Learning Center 1010 Minnie St., Apt. 3 Santa Ana, CA 92701 Myrtle Street Learning Center 1917 W. Myrtle St., Apt. 3 Santa Ana, CA 92704 Neighborhood Technology 503 S. Ross St. Center @ MAOF Santa Ana, CA 92701 New Hope Library Learning 122 N. Newhope St. Center Santa Ana, CA 92703 Our Lady of Pillar School 1541 W. 6th St. Santa Ana, CA 92703 Ordinance No. NS-2506 Page 8 of 9 Power Up Lab 950 W. Highland Santa Ana, CA 92703 Rosie's Garage 1617 W. 7th St. Santa Ana, CA 92703 Santa Ana Senior Center 424 W. 3rd Street Santa Ana, CA 92701 Santa Ana W/O/R/K Center 1000 E. Santa Ana Blvd. Suite 220 Santa Ana, CA 92701 Santa Ana W/O/R/K Center @ 2215 W. McFadden Ave., Suite K Corbin Community Center Santa Ana, CA 92702 Santa Ana W/OIR/K Center @ 502 S. Ross St., Room 13 MAOF Santa Ana, CA 92702 Santa Ana W/O/R/K Center @ 1010 $. Minnie St., Apt. 5 Minnie Street Sub Station Santa Ana, CA 92702 Second Baptist Church 1915 W. McFadden Santa Ana, CA 92704 Sierra Intermediate 1901 N. McClay Santa Ana, CA 92705 Taller San Jose Computer 801 N. Broadway Center Santa Ana, CA 92701 Wilson Elementary 1317 N. Baker Santa Ana, CA 92706 Ordinance No. NS-2506 Page 9 of 9