1 STAFF REPORT
DATE: September 24, 2024
TO: Justin Hess, City Manager
FROM: Michael Albanese, Chief of Police
VIA: Adam Cornils, Captain – Patrol
Viviana Garzon, Police Administrator
BY: Nazeli Ekimyan, Administrative Analyst II
SUBJECT: Introduction of an Ordinance Amending Title 5 ( Police and Public Safety) Chapter 3, Article 3 of the Burbank Municipal Code Establishing a Prohibition on Carrying or Possessing Specified Items While Attending or Participating in Any Public Demonstration, Rally, Protest, Picket Line or Public Assembly
RECOMMENDATION
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 5 (POLICE AND PUBLIC SAFETY) CHAPTER 3, ARTICLE 3 OF THE
BURBANK MUNICIPAL CODE ESTABLISHING A PROHIBITION ON CARRYING OR
POSSESSING SPECIFIED ITEMS WHILE ATTENDING OR PARTICIPATING IN ANY
PUBLIC DEMONSTRATION, RALLY, PROTEST, PICKET LINE OR PUBLIC ASSEMBLY.
BACKGROUND
In 1987, the Burbank City Council adopted Ordinance No. 2777, establishing § 5-3-301 of the Burbank Municipal Code (BMC) which prohibits participants from bringing specific items to demonstrations. Prohibited items include any length of lumber, wood, wood lath, or other wood products and any bar, shaft, rod, cable, wire, or other such length of hard metal, hard plastic, or other hard synthetic material (Attachment 1).
In recent years, t he rise in public demonstrations and protests, along with incidents of violence and vandalism, has prompted several neighboring cities to enact ordinances regulating or prohibiting the possession of weapons or items that c ould be easily POLICE
DEPARTMENT
2 weaponized. These cities include Covina, Glendale, Los Angeles, and San Marino, among others. The ordinances aim to define the boundaries of lawful expression in First Amendment activities while ensuring public safety by restricting the use or possession of items that could be turned into weapons. The Los Angeles City Ordinance was challenged on constitutional grounds and upheld as constitutional by the Ninth Circuit Court of Appeals.1
To update the current scope of BMC § 5-3-301 to meet the City’s current needs, it’s recommended that the proposed Ordinance be adopted to further enhance public safety while protecting the rights of demonstrators and align with the policies of neighboring cities (Attachment 2). The proposed Ordinance includes a list of items currently prohibited, in addition to an expanded list of items that could potentially be used as weapons. These items include, but are not limited to baseball bats, pepper spray, glass bottles, laser pointers, aerosol spray cans, and other items.
DISCUSSION
In recent years, the City of Burbank has seen a significant increase in demonstrations and protests. In a notable incident in 2021, a protester was pepper-sprayed by a counter- protester and required medical assistance from paramedics . Past demonstrations have frequently been marked by incidents of assault and vandalism, highlighting the need for proactive strategies to mitigate potential risks.
Currently, the City’s restrictions on items allowed at demonstrations are limited. Any legally possessed and carried item is permitted at such events , creating significant challenges for law enforcement to curb violence. Under existing restrictions, law enforcement may only act once a weapon, or hazardous item is br andished or used unlawfully. In a potentially crowded and emotionally charged environment, this approach undermines public safety and increases the potential for violence. The proposed Ordinance would provide the Burbank Police Department (Department) with the ability to take proactive measures, such as educating the public on permissible items, placing signage in demonstration areas, and observing participants for prohibited items upon entry. If prohibited items are observed, officers could intervene and remove these items or offenders before any escalation to violence occurs. These proactive measures are important to enhancing public safety during demonstrations and protests.
The proposed Ordinance does not infringe upon First Amendment rights. It c learly outlines acceptable forms of expression, such as signs and banners, while prohibiting items that pose a threat to public safety.
1 Vlasak v. Superior Court of California ex rel. County of Los Angeles (2003) 329 F.3d 683 3 ENVIRONMENTAL REVIEW
Adoption of an Ordinance amending BMC § 5-3-301 has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
The adoption of the proposed Ordinance will have minimal fiscal impact. The Department currently assigns officers to manage known large demonstrations. Minimal costs related to signage production, maintenance, and publ ic education efforts through social media channels will be managed within the Department’s approved annual budget.
CONCLUSION
In response to the increase in public demonstrations in recent years, neighboring jurisdictions have enacted ordinances regulating or prohibiting the possession of weapons or items that can be easily weaponized. The City of Burbank has also experienced an increase in significant demonstrations, some of which have involved incidents of assault and vandalism . With limited restrictions on the items allowed at protests and demonstrations, the Department faces challenges in maintaining public safety during these events. The adoption of the proposed Ordinance will prioritize public safety while upholding the First Amendment rights of demonstrators.
ATTACHMENT
Attachment 1 – Burbank Municipal Code § 5-3-301, Demonstration Equipment Prohibited Attachment 2 – Ordinance