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Ordinance — First Reading: Chapter 10 SAMC <br />May 1, 2018 <br />Page 2 <br />"Public Places," it does not specifically call out locations such as sidewalks where <br />the requested exclusions would be necessary. <br />a. Recommended Action: <br />L Remove Section 10-702(c) Medians <br />2. Council sought to address through special considerations, solicitations conducted by <br />those who may be mentally ill. Staff understands the necessity for law enforcement <br />to evaluate each enforcement related contact by weighing the spirit of the law as <br />compared to the letter of the law. Police Officers are afforded specific training to <br />identify and/or address issues which arise from dealing with individuals experiencing <br />mental health issues, however they are not clinical social workers, psychologists or <br />psychiatrists. As such it would be unduly burdensome to place legislative restrictions <br />on law enforcement in specifically identifying individuals experiencing mental health <br />issues and precluding them from enforcement. Although municipal code violations <br />are not specific intent crimes, officers understand it is counterproductive and <br />injurious to the public health to unreasonably enforce the law against individuals <br />incapable of understanding their conduct. <br />a. Recommended Action: <br />I. Provide training to enforcing officers regarding the spirit of the <br />law and the Council intent. <br />Following input from several departments, the Ordinance was drafted to specifically address <br />certain locations where Aggressive and Intrusive Solicitation is a public safety concern. With <br />the following issues and concerns in mind regarding items or activities addressed in the <br />Ordinance: <br />Danger or Risk <br />Item or Activity Presenting Danger or Risk <br />Identified <br />Median Strips <br />As per SAMC 36-118 — No person shall stand, walk or sit on <br />any median. <br />Driveways <br />The Safe Mobility Santa Ana Study discovered collisions <br />involving pedestrians occur frequently at driveways. <br />Additionally, active driveways to business or retail centers <br />were found to have a steady to heavy flow of vehicular traffic. <br />Pedestrians loitering in or around driveways are exposed to <br />potential contact with ingressing or egressing vehicles. Any <br />person loitering around a driveway may block the line of sight <br />or distract motorists while attempting to ingress oregress. <br />Transit Stops <br />Transit stops require unimpeded accessibility to and from the <br />transit stops for commuters. Persons loitering around transit <br />stops could impede access or create potential hazards for <br />commuters. Additionally, when an individual is standing close <br />50A-2 <br />