2025-03-18; City Council; 06; Amending the Carlsbad Municipal Code to Add a Citywide Code of Conduct Chapter

CA Review MK
Meeting Date: March 18, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Kyle Lancaster, Parks & Recreation Director [email protected], 442-339-2941
Subject: Amending the Carlsbad Municipal Code to Add a Citywide Code of Conduct Chapter
Districts: All
Recommended Actions
Introduce an ordinance amending Carlsbad Municipal Code Chapter 2.16 related to the Board of Library Trustees and the citywide code of conduct and adding Carlsbad Municipal Code Chapter 11.33 – Citywide Code of Conduct for Public Facilities, Services, Programs and Events.

Executive Summary
The City of Carlsbad strives to provide a safe, orderly and welcoming community environment in its parks, libraries and other city facilities used by the public, as well as in its programs, services and events. In recent years, there have been multiple incidents of disruptive behavior by visitors that:
• Affected community members’ use and enjoyment of the facilities • Impacted city staff’s ability to effectively carry out their duties • Raised concerns about safety
Staff are proposing a Carlsbad Municipal Code amendment that would authorize the City Manager to adopt a citywide code of conduct for public facilities, services, programs and events (Exhibit 1).The proposed amendment would establish that citywide code of conduct violations will be enforced with a notice of suspension, which may be followed by a misdemeanor charge for a violation of a notice of suspension.

The amendment, which would add Chapter 11.33 to the Municipal Code, also would modify certain language in Chapter 2.16 related to the Board of Library Trustees, clarifying that the administration of Chapter 11.33 is under the purview of the City Manager or a designee.

Only the City Council has the authority to make changes to the Municipal Code.

Explanation & Analysis
Public city facilities such as libraries, community centers, the Senior Center and public-serving counter areas provide important resources for the public to access information, participate in March 18, 2025
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community classes and events and enjoy recreational opportunities. Some of these facilities, such as city libraries, the Senior Center, city pools, and city community centers, have codes of conduct to ensure that all community members can access facilities safely and free from unwanted disturbances.

Staff at these city facilities have enforced code of conduct violations through administrative suspensions, typically ranging between one week and one year. In some cases, people who have been suspended have returned to a city facility in violation of their administrative suspension. Unless some other court order such as a workplace violence restraining order otherwise prohibits the suspended person from the facility, administrative suspension violations have been difficult to enforce, resulting in safety concerns for city staff and patrons.

Additionally, not all city facilities have a code of conduct applicable to the general public, and staff at those facilities, such as at City Hall and the Faraday Administration Center, do not have the authority to issue administrative suspensions.

Staff are recommending adoption of an ordinance amending Carlsbad Municipal Code Chapter

2.16 related to the Board of Library Trustees and the citywide code of conduct and adding Chapter 11.33 – Citywide Code of Conduct for Public Facilities, Services, Programs and Events so that all community members can access city resources free from unwanted disturbances, and all city staff can effectively carry out their duties in a safe environment.

The ordinance, which will be implemented through an Administrative Order (Exhibit 3) and citywide code of conduct (Attachment A to Exhibit 3), is intended to provide a safe, orderly and welcoming community environment for City of Carlsbad services, programs and events. All staff, visitors and participants at the applicable city facility locations would be required to comply with the ordinance and code of conduct.

The proposed amendment was developed by a committee of staff from Library & Cultural Arts, Parks & Recreation, Housing & Homeless Services, Police and the City Attorney’s Office, to deter or expediently address behavior that impedes upon other community members’ use and enjoyment of city facilities.

The amendments would authorize the City Manager to adopt the proposed administrative order, providing for the rules and regulations for the use of public facilities and the use of or participation in public services, public programs and public events, and to take such other actions necessary to preserve public facilities and public safety. (Exhibit 3, Attachment A) The proposed Municipal Code Chapter 11.33 also provides the enforcement provisions for the code of conduct, including:
• The authority to issue notices of suspension
• The duration of the suspension
• The content of a notice of suspension
• The consequences for violating a notice of suspension • The right to appeal notices of suspension related to violations of the code of conduct that are greater than seven days
• The steps to be followed should there be a request for accommodation in the appeals process
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In conjunction with the proposed amendment to Chapter 2.16 and the addition of Chapter

11.33, staff also plan to implement an unattended property policy for citywide facilities (Exhibit 4). The purpose of the proposed policy is to additionally ensure community members’ enjoyment of the offerings at city facilities, and to establish categories of unattended property and applicable methods of securing that property. The policy also provides a procedure for when someone refuses to abide by the policy after being warned and informed of the facility rules.

Fiscal Analysis
The proposed ordinance amendments will have no immediate fiscal impact to the city. Were the city to continue without such an ordinance, the city would continue to have limited authority to enforce administrative suspensions and may incur legal costs associated with civil enforcement of violations of administrative suspensions.

Next Steps
If the City Council votes to introduce the ordinance, the City Clerk will prepare the ordinance for adoption at the next regular City Council meeting. Once adopted, the City Clerk will publish the ordinance or a summary of the ordinance in a newspaper of general circulation within 15 days.

The ordinance will be effective 30 days following its adoption, and the City Manager will then adopt the corresponding Administrative Order.

Environmental Evaluation
The proposed action to amend Carlsbad Municipal Code Chapter 2.16 related to the Board of Library Trustees and the citywide code of conduct and add Chapter 11.33 concerning a code of conduct for public facilities, services, programs and events is exempt from environmental review under California Environmental Quality Act Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment.

Exhibits

1. Ordinance amending Carlsbad Municipal Code Chapter 2.16 and adding Chapter 11.33

2. Version of ordinance showing proposed changes

3. Administrative Order – Citywide Code of Conduct

4. Unattended Property Policy
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Exhibit 1
ORDINANCE NO. CS-488.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.16

RELATED TO THE BOARD OF LIBRARY TRUSTEES AND THE CITYWIDE CODE OF CONDUCT AND ADDING CARLSBAD MUNICIPAL CODE CHAPTER 11.33 –

CITYWIDE CODE OF CONDUCT FOR PUBLIC FACILITIES, SERVICES,

PROGRAMS AND EVENTS
WHEREAS, the City of Carlsbad offers various services, programs, and events which foster, promote,
and emphasize a safe , orderly, and welcoming community environment; and WHEREAS, in
order to provide a safe , orderly, and welcoming communi ty environment for city services, programs, and
events, participants are required to comply with a code of conduct; a nd WHEREAS, code
of conduct violations can pose a threat to property , public safety, health, and general welfare and
undermine the City of Carlsbad’s ability to provide a safe, orderly, and welcoming
community environment for services, programs, and events; and WHEREAS, t
his ordinance will enable the city to enforce codes of conduct in City of Carlsbad facilities in
a meaningful way and ensure City of Carlsbad services, programs, and events provide a safe,
orderly, and welcoming environment for the community and for city staff working at those facilities.

NOW, therefore, the City Council of the City of Carlsbad, California ordains as follows that:

1. The above recitations are true and correct.

2. The pr
oposed action to amend Carlsbad Municipal Code Chapter 2.16 and to add Chapter

11.33 concerning a code of conduct for public facilities, services, programs and events is exempt
from environmental review under CEQA Guidelines Se ction 15061(b)(3) and 15378(b)(5), as it can be seen with certa inty that there is no possibility the proposed action may have a significant effect on the environment.

Title 2, Chapter 2.16, Section 2.16.060 is amended to read as follows:

2.16.060 Recommendations to City Council.

The Board of Library Trustees may make recommendations to the City Council and advise the City Council in matters pertaining to the following:

A. The duties and powers of the librarian and other library employees; B. The number of employees;
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C. The purchase of equipment, real estate, and buildings; D. The advisability and desirability of facilities of the city library; E. The amounts of monies required to operate the library; F. Policies related to the administration of the city library, other than rules and regulations for the use of the library, promulgated pursuant to Chapter 11.33 of this code.

3. Title 2, Chapter 2.16, Section 2.16.085 is amended to read as follows:

2.16.085 Incidental powers of board.

The Board of Library Trustees may do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter. The Board of Library Trustees shall further have the power to promulgate and adopt rules and regulations pertaining to the city library, other than rules and regulations for the use of the library promulgated pursuant to Chapter 11.33 of this code.

4. Title 2, Chapter 2.16, Section 2.16.105 is amended to read as follows:

2.16.105 Free use of library by residents and nonresident taxpayers—Exclusions.

Every city library established pursuant to this chapter shall be forever free to the residents and nonresident taxpayers of the municipality, subject always to such rules and regulations as may be established by the Board of Library Trustees or the City Manager or designee. Any person who violates any rule or regulation for use of the library may be fined or excluded from the privileges of the library.

5. Title 11 of the Carlsbad Municipal Code is amended to add Chapter 11.33 as follows:

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CHAPTER 11.33

CITYWIDE CODE OF CONDUCT FOR PUBLIC FACILITIES,

SERVICES, PROGRAMS AND EVENTS
Sections:

11.33.010 Purpose.

11.33.020 Definitions.

11.33.030 Code of conduct adoption.

11.33.040 Enforcement.

11.33.050 Right to appeal.

11.33.010
Purpose.

The purpose of this chapter is to promote a safe, orderly, and welcoming environment for use and enjoyment of City of Carlsbad public facilities and public services, programs and events.

11.33.020 Definitions.

For purposes of this Chapter, “public facilities” means buildings and real property owned or leased by the City of Carlsbad and used by members of the public, including community and recreational facilities, library and cultural arts facilities, and public-serving counter areas and client meeting rooms.

For purposes of this Chapter, “public services, public programs and public events” mean services, programs or events which are offered by the City of Carlsbad and available to members of the public, such as Carlsbad Senior Center programs and Library & Cultural Arts classes and events.

11.33.030 Code of conduct adoption.

The City Manager is authorized to adopt an Administrative Order providing for the rules and regulations for the use of public facilities and the use of or participation in public services, public programs and public events, and to take such other actions necessary to preserve public facilities and public safety and distribute public facility space among competing uses.

The applicable rules and regulations and consequences shall be posted at each public facility.

11.33.040 Enforcement.

A. Authority to issue notice of suspension and service.

1. Any departmental director or designee or police administrative manager or designee is authorized to issue a notice of suspension to any individual where there is substantial evidence the person has violated any rules or regulations for the use of a public city facility.

2. A notice of suspension may be served on the recipient by one of the following methods:

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a. Personal service, in which case the suspension is immediately effective upon service. b. Service by both first class mail and certified mail, postage prepaid, return receipt requested to the last known address of the recipient based on city records, in which case the suspension is effective after 5 days from the date of the notice of suspension.

3. The recipient of a notice of suspension need not be charged, tried, or convicted of any crime or infraction for the notice to be issued or be effective. The notice of suspension shall be based on observation by city or other government employee, including a police officer, or may be based upon a civilian report that would ordinarily be relied upon by police officers in the determination of probable cause.

B. Duration of suspension. The duration of a suspension will vary depending on the nature and severity of the offense and history of the recipient of the notice of suspension. The City Manager is authorized to promulgate an Administrative Order that defines or recommends the duration of a suspension.

C. Content of notice of suspension. The notice of suspension shall be in writing, contain the date of issuance, describe the behavior that is the basis for the suspension, specify the length and place(s) of exclusion, be signed by the issuing departmental director or peace officer, and state that a failure to comply constitutes a misdemeanor offense under Section 11.33.040(D) of this Code.

D. Violation of notice of suspension. Any person who enters a public facility in violation of an active notice of suspension issued pursuant to this Chapter may be charged with a misdemeanor pursuant to Chapter 1.08 of this Code.

11.33.050 Right to appeal.

A. Written notice of the right to appeal shall be included with any notice of suspension greater than 7 days related to the rules and regulations for the use of public facilities.

B. With the exception of infraction and misdemeanor charges for violations of this chapter, any person aggrieved by a notice of suspension greater than 7 days may appeal to the City Manager or designee by filing a written notice of appeal with the City Clerk’s Office within 10 calendar days of the date of issuance of the decision. The decision of the City Manager or their designee shall be final.

C. Request for Accommodation in the Appeals Process

1. At any time in the appeals process, the appellant may request an accommodation due to a disability. The appellant shall make the request to the city’s ADA coordinator in writing. Any request for accommodation shall include a description of the appellant’s disability and the accommodation requested. The request shall also include whether the appellant requests to receive the ADA coordinator’s determination in an accessible format other than a standard letter (e.g., by telephone, in large print, etc.).

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2. After reviewing the request for accommodation, the city’s ADA coordinator may request additional information from the appellant. The appellant will be notified in a timely manner and in writing (or other accessible format) of the ADA coordinator’s determination regarding the accommodation request. Any deadlines in the appeals process will be adjusted to account for a timely request for accommodation and the time required for an ADA coordinator to respond to such request.

3. In granting an accommodation request, an ADA coordinator has the authority to modify the appeals procedures described above, so long as the accommodation is reasonable, maintains the appellant’s right to due process, and complies with any applicable state laws. If a request for accommodation is denied, the appellant may appeal the decision within 10 calendar days to the City Manager.

6. This ordinance is intended to be prospective and does not affect any previous or outstanding suspensions from city facilities.

EFFE
CTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.

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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 18th day of March 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Car
lsbad on the _________ day of ____________________, 2025, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

APPRO
VED AS TO FORM AND LEGALITY:
____________________
_____________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
____________________
___________________
SHERRY FREISINGER, City Clerk
(SEAL)
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Exhibit 2

2.16.060 Recommendations to city council.

The Board of Library Trustees may make recommendations to the City Council and advise the City Council in matters pertaining to the following:

A. The duties and powers of the librarian and other library employees; B. The number of employees;
C. The purchase of equipment, real estate and buildings; D. The advisability and desirability of facilities of the city library; E. The amounts of moneys required to operate the library; F. Policies related to the administration of the city library, o ther than rules and regulations for the use of the library, promulgated pursuant to Chapter 11.33 of this code.

2.16.085 Incide
ntal powers of board.

The Board of Library Trustees may do and perform any and all other acts and things necessary or prope
r to carry out the provisions of this chapter. The Board of Library Trustees shall further have the power to promulgate and adopt rules and regulations per taining to the city library , other than rules and regulations for the use of the library promulgated pursuant to Chapter 11.33 of this code.

2.16.105 Fre
e use of library by residents and nonresident taxpayers—Exclusions.

Every city library established pursuant to this chapter shall be forever free to the residents and nonr
esident taxpayers of the municipality, subject always to such rules and regulations as may be made established by the Board of Library Trustees or the City Manager or designee . Any person who violates any rule or regulation may be fined or excluded from the privileges of the library.

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NEW CHAPTER 11.33

Chapter 11.33

CITYWIDE CODE OF CONDUCT FOR PUBLIC FACILITIES,

SERVICES, PROGRAMS AND EVENTS
Sections:

11.33.010 Purpose.

11.33.020 Definitions.

11.33.030 Code of conduct adoption.

11.33.040 Enforcement.

11.33.050 Right to appeal.

11.33.010 Purpose.

The purpose of this chapter is to promote a safe, orderly, and welcoming environment for use and enjoyment of City of Carlsbad public facilities and public services, programs and events.

11.33.020 Definitions.

11.33.030 Code
of conduct adoption.

11.33.040 Enf orcement.

A. Authority to issue notice of suspension and service.

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2. A notice of suspension may be served on the recipient by one of the following methods:
a. Personal service, in which case the suspension is immediately effective upon service.
b. Service by both first class mail and certified mail, postage prepaid, return receipt requested to the last known address of the recipient based on city records, in which case the suspension is effective after 5 days from the date of the notice of suspension.

C. Content of notice of suspension. The notice of suspension shall be in writing, contain the date of issuance, describe the behavior that is the basis for the suspension, specify the length and place(s) of exclusion, be signed by the issuing departmental dir ector or peace officer, and state that a failure to comply constitutes a misdemeanor offense under Section

11.33.040(D) of this Code.

11.33.050 Rig ht to appeal.

A. Written notice of the right to appeal shall be included with any notice of suspension greater than 7 days related to the rules and regulations for the use of public facilities.

B. With the exception of infraction and misdemeanor charges for violations of this chapter, any person aggrieved by a notice of suspension greater than 7 days may appeal to the City Manager or designee by filing a written notice of appeal with the City Clerk’ s Office within 10 calendar days of the date of issuance of the decision. The decision of the City Manager or their designee shall be final.

C. Request for Accommodation in the Appeals Process

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Exhib
it 3
City Hall

1200 Carlsbad Village Drive ï Carlsbad, CA 92008 ï 442-339-2820 ï www.carlsbadca.gov Administrative Order No. XX
Date:

To: All City Departments
From: Geoff Patnoe, City Manager
Subject: Citywide Code of Conduct for the Use of City Libraries, Community Centers and Other Public City Facilities, Services, Programs and Events

REFEREN
CE:

Council Policy 28
Administrative Order 71
Carlsbad Municipal Code Section 2.16.085
Carlsbad Municipal Code Chapter 11.32
Carlsbad Municipal Code Chapter 11.33
PURPOS
E:

To establish rules and regulations for the use of city libraries, community centers and other public city facilities, services, programs and events to maximize the public’s access to such facilities while ensuring a safe, orderly and welcoming environment for all patrons, city employees and volunteers. The rules and regulations adopted by this Administrative Order will act as a citywide code of conduct for patrons using a public city facility, in order to deter and/or minimize the effect of unacceptable behavior, by defining such behavior so that individuals may conduct themselves in a manner consistent with the purpose and functions of the public city facility.

BACK
GROUND:

Public city facilities such as libraries, community centers, the Senior Center and public-serving counter areas provide important resources for the public to access information, participate in community classes and events, and enjoy recreational opportunities. So that all patrons are able to access these resources free from unwanted disturbances, the City of Carlsbad has a citywide code of conduct applicable to all public city facilities (Attachment A). The Library & Cultural Arts Department and the Parks & Recreation Department have additional, supplementary codes of conduct and policies approved by the City Manager which reflect the unique needs of their facilities and respective uses.

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Admininstrative Order No. XX – Code of Conduct for the Use of City Libraries, Parks, Community Centers and Other Public City Facilities

2 POLICY:

For the safety and accessibility of the public and staff, and to create an environment that is favorable to effective and efficient city operations, the city has adopted codes of conduct for public city facilities and for participation in City of Carlsbad public services, programs and events. Those codes of conduct are incorporated into this administrative order.

Suspensions

The department director or designee or police administrative manager or designee may issue a notice of suspension restricting an individual’s access to the public city facility, service, program or event due to their violation of the applicable code of conduct. Carlsbad Municipal Code Section 11.33.040 details the required content of a notice of suspension and the manner that it must be served. A notice of suspension should be tailored to the conduct and locations where the code of conduct violation occurred. Suspensions may include a warning that the suspension may expand in scope and length if the conduct continues at other city facilities. For the most serious (Category 4) violations that occur outside a city facility, the violator will first be warned and informed of the facility rules and advised that any subsequent violations will result in a suspension from the facility for up to 5 years, based on the severity of the violation.

The City Attorney’s Office should be consulted for suspensions of greater than 7 days, which are appealable.

Appeals
Appeal provisions are outlined in Carlsbad Municipal Code Section 11.33.050. Appeals of a code of conduct suspension are heard by the City Manager or designee.

For some violations, city facility supervisors and managers are authorized to issue violators a verbal or written notice to leave a city facility for the remainder of the day. These violations are outlined in Attachment A. Such notices do not constitute a suspension and are not appealable.

ACTION:

This Administrative Order is effective immediately.

_________________________________ _________________________________ Geoff Patnoe, City Manager Date

Attachments:

A. Citywide Code of Conduct for the Use of Public City Facilities

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CITYWIDE CODE OF CONDUCT

FOR USE OF PUBLIC CITY FACILITIES
Purpose
These rules of conduct are intended to deter and /or minimize the eﬀect of unacceptable behavior at public city facilities, by deﬁning such behavior so that individuals may conduct themselves in a manner consistent with the purpose and functions of public city facilities.

Persons who violate any of the following rules will be asked to immediately stop such actions, may be asked verbally or in writing to leave the premises and/or may have their privileges to use city services and resources suspended. Depending on the nature and severity of the violation, these remedies may be cumulatively applied. Anyone refusing to leave a public city facility after being directed to do so by a city employee or a peace oﬃcer may be in violation of California Penal Code § 602.1 (b), a misdemeanor oﬀense.

As used in these Rules of Conduct, the term “public city facility”* means all buildings and grounds associated with the following city premises:
• Carlsbad City Library (Dove
Lane)
• Georgina Cole Library
• Library Learning Center
• William D. Cannon Art Gallery
• Ruby G. Schulman Auditorium
• Alga Norte Pool
• Monroe Street Pool
• All community centers (Calavera Hills,
Harding, Pine Avenue, Stagecoach)
• Carlsbad Senior Center
• Heritage Hall
• All public-serving counter areas and
client meeting rooms
*Pub
lic city facilities do not include community parks, special use areas, and preserves as deﬁned in the Parks Master Plan.

BEHAV

IOR RULES
These rules and consequences are in tended to ensure that public city facilities remain safe and welcoming for the public and city staﬀ and create an environment that is favorable to eﬀective and eﬃcient city operations. The following activities are prohibited at public city facilities.** **As used throughout this code of conduct, “at public city facilities” includes public city facility buildings and adjacent planted areas and courtyards open to users of the city facility.

Attachment A
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NOTE: Some public city facilities may have additional codes of conduct that are intended to supplement and not replace these Citywide Code of Conduct. The city may enforce any additional codes of conduct using the consequences provided in this code, depending on the nature and severity of the violation and history of the violator.

CATEGORY 1 VIOLATIONS
(1) Being in a city facility with bare feet or a bare chest; shirts and footwear are required at all times.
(2) Being under the apparent inﬂuence of any intoxicating or controlled substance. (3) Bringing in bags or items in excess of 9ʺ L x 14ʺ W x 22ʺ H. Patrons are permitted to bring in two bags per person, but each bag must be smaller than 9ʺ L x 14ʺ W x 22ʺ H. Personal items infested with insects, animals, or otherwise unsanitary are prohibited.* See also Rule 10 regarding placement of personal property and the city’s Unattended Property Policy. (4) Any patron with an odor that can be detected by a reasonable person from six (6) or more feet away and that constitutes a public nuisance under Civil Code Sections 3479 and 3480.

This means that the odor must aﬀect a considerable number of persons and must be indecent or oﬀensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. (5) Consuming food or drink or leaving messes or spills which create a public nuisance or disrupts patrons’ facility use because of odor, garbage, or spills. Non-alcoholic beverages in covered containers and food are only allowed in designated areas. (6) Lying down, sleeping, or the appearance of sleeping inside the facility. Sitting patrons should use facility-provided seating (e.g., chair, couch) when possible. Patrons may not block aisles, exits, sidewalks, pathways or entrances.
(7) Using personal electronics without headphones, on speaker mode, or at a volume that constitutes a public nuisance under Civil Code Sections 3479 and 3480. This means that the noise must aﬀect a considerable number of persons and must be oﬀensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
(8) Bringing animals inside buildings (with the exception of service animals), except as allowed at a city-approved event, or leaving an animal tethered and unattended on the premises.

Any patron who violates Category 1 rules will be informed of facility rules and asked to leave the facility for the day or until the behavior is corrected. Subsequent oﬀenses by that patron at any city facility will result in that person’s immediate removal and suspension from the facility as
follows:
1st
Violation
2nd
Violation
(within 30
days)
3rd
violation
(within
90 days)
4th
violation
(within
180 days)
Leave
facility
until
behavior
is
corrected
Up to 1
week (not
appealable)
Up to 2
weeks
Up to 1
month
*A fac
ility suspension for Rule 3 requires a violation of this rule and at least one other Code of Conduct rule.

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CATEGORY 2 VIOLATIONS
(9) Soliciting, petitioning, or distributing written materials or posting any bills, notice, paper, or advertising device or matter of any kind without city permission or outside the designated locations on library “keep clear” maps. Canvassing for political, charitable or religious purposes is also prohibited inside the facility, with the exception of canvassing in meeting rooms, information tables, and bulletin boards that can be accessed by members of the public and are designated on the library “keep clear” maps. Aggressive solicitation inside or outside a city facility is prohibited under California Penal Code 647(c). (10) Placing items or personal belongings on or against buildings, furniture, equipment or ﬁxtures in a manner that interferes with city staﬀ or use of the facility by other patrons, or leaving personal belongings unattended.* Unattended items will be conﬁscated or destroyed in accordance with the city’s Unattended Property Policy. (11) Operating bicycles or other similar items in a reckless or inattentive manner at the facility, or leaving such equipment in areas that block or interfere with facility operations. (12) Using restrooms at city facilities other than Alga Norte Pool and Monroe Street Pool to bathe, shave, and wash hair; or exceeding more than one person in a restroom stall, unless accompanying children or adults in need of assistance.
(13) Leaving one or more children nine (9) years old or under, who reasonably appear to be unsupervised or unattended, anywhere in or on facility premises. (See Unattended Children Policy).

Any patron who violates Category 2 rules while on premises will ﬁrst be warned and informed of facility rules, which may be documented by staﬀ in an incident report. Subsequent oﬀenses at any city facility within a six (6) month time frame by that patron will result in that person’s immediate removal and suspension from all city facilities as follows:

1st
Violation
2nd
Violation
(within 6
months)
3rd
violation
(within 9
months)
4th
violation
(within 1
year)
Written or
verbal
warning
Up to 1
month
Up to 3
months
Up to 6
months
*A facility suspension for Rule 10 requires a violation of this rule and at least one other Code of Conduct rule.

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CATEGORY 3 VIOLATIONS
(14) Engaging in conduct that disrupts or interferes with the normal operation of the facility, or disturbs facility staﬀ or patrons, including the use of abusive, discriminatory or threatening language or gestures; lewd, obscene or indecent conduct, including profanity; and conduct that creates unreasonable noise, such as excessively loud or boisterous physical behavior or talking. This includes all forms of harassment, including sexual harassment. Some infractions may be moved to Category Four if deemed necessary. (15) Failure to comply with the reasonable direction of a city staﬀ member to leave a facility or stop any conduct in violation of this code of conduct.
(16) Smoking or other use of tobacco products, including electronic cigarettes, in the facility or within 20 feet of the property.
(17) Violating any city public internet use policy, guidelines, or agreement. (18) Possessing, selling, distributing, or consuming any alcoholic beverage, except as allowed at a city-approved event.

Any patron who violates Category 3 rules will ﬁrst be warned and informed of the facility rules. Subsequent oﬀenses by that patron within one year at any city facility will result in that person’s immediate removal and suspension from the facility as follows:

1st
Violation
2nd
Violation
(within 1
year)
3rd
violation
(within 1
year)
4th
violation
(within 1
year)
5th
violation
(within 1
year)
Written
or verbal
warning
Up to 1
month
Up to 3
months
Up to 6
months
Up to 1
year

CATEGORY 4 VIOLATIONS
(19) Theft, abuse, vandalism or mutilation of city facilities, equipment or materials [California Penal Code 490.5 & 594] or use of city facilities, equipment or materials in a manner likely to cause personal injury.
(20) Directing a speciﬁc threat of physical harm against an individual, group of individuals, or property. [Penal Code 602.1b]
(21) Engaging in sexual conduct/activity, including, but not limited to, the physical manipulation or touching of sex organs through clothing.
(22) Assaulting another patron or staﬀ member. [Penal Code 242] (23) Committing, or attempting to commit, any activity that violates any Federal, California or local criminal statute, ordinance, code, or law.

Staﬀ will contact police in the event of a Category 4 violation and request that the patron be immediately removed and/or arrested. The patron may be suspended from the city facility for up to 5 years, based on the severity of the violation.

March 18, 2025
Item #6 Page 19 of 20
Exhibit 4

UNATTENDED PROPERTY POLICY
Purpos
e: Enjoyment of the city facility; securing property
POLI
CY:

The City of Carlsbad is not responsible for the security of items brought into any public city facility. All unclaimed or found items turned into city facility staff will be placed in a lost and found area.

To claim a
lost item, a patron must satisfactorily describe the item to city staff and state when the item was likely left in the city facility.

City s
taff will make a reasonable attempt to determine and contact the rightful owner of the lost property within Categories B and C below, if the property contains sufficient identifying information.
• Categ
ory A: Perishable, personal care, unsanitary, infested, and hazardous items will be disposed of immediately.
• Category B: Bulky items in excess of 9ʺ L x 14ʺ W x 22ʺ H, which are prohibited from city facilities under Rule 3 of the Citywide Code of Conduct, will be kept in a lost and found area for a maximum of 48 hours. Bulky items may be kept in a lost and found area outside the facility if they are too large, odorous, or otherwise disruptive of city operations to keep inside the facility, in which case they will be posted with a 48-hour notice for retrieval.
• Category C: Other unclaimed items will be kept in a lost and found area for a maximum of thirty (30) days. Items that are not claimed after thirty days will be disposed of or donated.

Proc
edure:

Staff will
be attentive to patron needs and make facility users aware of this policy as needed. Patrons refusing to abide by this policy will first be warned and informed of facility rules, which may be documented by staff in an incident report. Subsequent offenses at a city facility within a six (6) month time frame by that patron may* result in that person’s immediate removal and suspension from city facilities as follows:
1st Violation 2nd Violation
(within 6
months)
3rd violation
(within 9
months)
4th violation
(within 1 year)
Written or
verbal warning
Up to 1 month
suspension
Up to 3
months
suspension
Up to 6 months
suspension
*Staff
should not issue a facility suspension for a violation of Code of Conduct Rule 3 or 10 related to personal property unless the patron has violated at least one other Code of Conduct rule.

March 18, 2025
Item #6 Page 20 of 20

Carlsbad City CouncilMarch 18, 2025

Carlsbad City Council
March 18, 2025