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
Attachment 1
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
Burbank Municipal Code Section 5-3-301: DEMONSTRATION EQUIPMENT PROHIBITED: Page 1 of 1
The Burbank Municipal Code is current through Ordinance 24-4,014, passed July 30, 2024.
ATTACHMENT 1
5-3-301: DEMONSTRATION EQUIPMENT PROHIBITED:
A. No person shall carry or possess while participating in any demonstration, rally, picket line, or other such public assembly, any length of lumber, wood, wood lath or other wood product unless:
1. The other dimensions of such object do not exceed a thickness of one-fourth inch (1/4") and a width of two inches (2"), or if not generally rectangular in shape, such object shall not exceed three-quarters inch (3/4") in its thickest dimension; and
2. Such object is blunt and unsharpened at its end and edge.
B. No person shall carry or possess while participating in any demonstration, rally, picket line, or other such public assembly, any bar, shaft, rod, cable, wire, or other such length of hard metal, hard plastic, or other hard synthetic material. [Added by Ord. No. 2777; formerly numbered Section 20-26; renumbered by Ord. No. 3058, eff. 2/21/87; 2393.]
ATTACHMENT 2-1
Eff.: ORDINANCE NO.________
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
City Attorney’s Synopsis
This ordinance amends § 5-3-301 of the Burbank Municipal Code by establishing a prohibition on carrying or possessing specified items while attending or participating in any public demonstration, rally, protest, picket line or public assembly
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. In recent years, the increase in public demonstrations and protests, along with incidents of violence and vandalism, has led several neighboring cities to adopt ordinances that regulate or prohibit the possession of weapons or items that could easily be weaponized. These ordinances seek to establish clear boundaries for lawful Fi rst Amendment activities while prioritizing public safety by restricting the possession of items that could be used as weapons.
B. The City of Burbank has minimal restrictions on items allowed at protests or demonstrations. Any legally possessed and carried item is permitted at such events. This lack of regulation poses significant challenges for the Burbank Police Department , as action can only be taken when a weapon or potentially dangerous item is brandished in a threatening manner or used unlawfully. This reactive approach compromises public safety and may lead to increased violence before officers can intervene effectively.
C. Adopting an updated ordinance would enable the Burbank Police Department to take proactive measures, such as educating the public on allowable items, installing signage in demonstration areas, and monitoring participants for prohibited items upon entry. If prohibited items are identified during a demonstration, offic ers would have the authority to intervene and remove these items or individuals before tensions escalate into violence. These proactive steps are critical to ensuring public safety during demonstrations and protests.
D. This amendment prioritizes public safety while upholding First Amendment rights.
ATTACHMENT 2-2
E. City council therefore desires to amend the Burbank Municipal Code to prohibit the carrying or possessing of specified items while attending or participating in any public demonstration, rally, protest, picket line or public assembly.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
1. Burbank Municipal Code Title 5, Chapter 3, Article 3, Division 4, amended and restated to read as follows:
“5-3-301: PROHIBITION ON CARRYING OR POSSESSING SPECIFIED
ITEMS WHILE ATTENDING OR PARTICIPATING IN ANY PUBLIC
DEMONSTRATION, RALLY, PROTEST, PICKET LINE OR PUBLIC ASSEMBLY
(A) No person shall carry or possess the following items or articles while attending or participating in any demonstration, rally, protest, picket line or public assembly:
1. Any length of lumber, wood, or wood lath unless that object is 1/4 inch or less in thickness and 2 inches or less in width, or if not generally rectangular in shape, such object shall not exceed 3/4 inch in its thickest dimension. Both ends of the lumber, wood or wood lath shall be blunt;
2. Any length of metal or plastic pipe, whether hollow or solid; provided, however, that hollow plastic piping not exceeding 3/4 inch in its thickest dimension and not exceeding 1/8 inch in wall thickness, and not filled with any material, liquid, gas or solid may be used solely to support a sign, banner, placard, puppet or other similar expressive display. Both ends of any plastic pipe permissible under this subsection shall be blunt;
3. Signs, posters, banners, plaques or notices, whether or not mounted on a length of material permitted under Subdivisions 1. and 2. of this section, unless such sign, poster, banner, plaque or notice is constructed solely of soft material, such as cloth, paper, soft plastic capable of being rolled or folded, or cardboard material no greater than 1/4 inch in thickness;
4. Baseball or softball bats, regardless of composition or size; provided, however, that such items are permissible when configured of cloth, cardboard, soft plastic, foam or paper for expressive purposes;
5. Any aerosol spray, tear gas, mace, pepper spray or bear repellent;
6. Any projectile launcher or other device, such as a catapult or wrist rocket, which is commonly used for the purpose of launching, hurling or throwing any object, liquid, material or other substance, whether through force of air pressure, spring action or any other mechanism;
ATTACHMENT 2-3
7. Weapons such as firearms, knives, swords, sabers or other bladed devices, axes, hatchets, ice picks, razor blades, nunchucks or martial arts weapons of any kind, box cutters, pellet or BB guns, conducted electrical weapons, including, but not limited to, T asers or stun guns, metal/composite/ wooden knuckles, or any chain greater than 20 inches in length or greater than 1/4 inch in diameter. This subsection also includes toy or replica firearms unless such toy or replica is florescent colored or transparent;
8. Balloons, bottles or any other container such as water cannons or super - soakers, filled with any flammable, biohazard or other noxious matter which is injurious, or nauseous, sickening or irritating to any of the senses;
9. Glass bottles, whether empty or filled;
10. Open flame torches, lanterns or other devices that utilize combustible materials such as gasoline, kerosene, propane or other fuel sources;
11. Shields made of metal, wood, hard plastic or any combination thereof;
12. Bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings; and/or
13. Laser pointers or laser-style devices emitting any color beam, milliwatt output level, intensity class level or any visibility level, including infrared, or nonvisible.
(B) When feasible, excluding exigent circumstances, a warning shall be issued before enforcement of the provisions of this section. Such warning shall be sufficient if provided orally, by posted signs or by amplified announcement.
(C) Authorized peace officers, or employees, agents or representatives of the City, shall be exempt from the provisions of this section when such officers, employees, agents or representatives of the City are engaged in official business of the City.
(D) Nothing in this section shall prohibit an individual from carrying a cane or using a walker or other device necessary for providing mobility so that the person may participate in a public protest, demonstration, rally, picket line or public assembly. Further, nothing in this section shall prohibit the imposition of specific conditions for activities expressly authorized under permit issued by the City of Burbank.
(E) If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.”
ATTACHMENT 2-4
2. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
PASSED AND ADOPTED this ____ day of ________, 2024.
__________________________
Nick Schultz
Mayor
Approved as to Form
Attest: Office of the City Attorney
_____________________________ By:________________________ Kimberley Clark, City Clerk Ray Johal Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. __________ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2024, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following the Ordinance’s adoption on _______________, 2024.
______________________________
Kimberley Clark, City Clerk