Public Safety Committee

COMMON COUNCIL COMMITTEE MEETING COMMON COUNCIL MEETING PUBLIC SAFETY COMMITTEE Thomas Hoey, Chair DATE/TIME: Monday, October 16, 2023 at 6:15 PM LOCATION: Council Chambers-2nd Floor. City Hall PUBLIC COMMENT PERIOD: NO TOPIC(S) OF DISCUSSION/CONSIDERATION:  RESOLUTION 98.101.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING PAUL COLLINS-HACKETT AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD  ORDINANCE 5.21.23 AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CLARIFYING THE STANDARDS AND MODIFYING ENFORCEMENT GUIDELINES FOR LOITERING Council Member Hoey, on behalf of the Committee on Public Safety, introduced the following: RESOLUTION 98.101.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING PAUL COLLINS-HACKETT AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD WHEREAS, the Common Council of the City of Albany, pursuant to Section 42-334 of Article XLIV of Chapter 42 of Part 1 of the Code of the City of Albany, appoints members to the City of Albany Community Police Review Board; NOW, THEREFORE, BE IT RESOLVED, that Paul Collins-Hackett is hereby re- appointed as a member of the City of Albany Community Police Review Board for a term ending on October 26, 2026. BE IT FURTHER RESOLVED, that this resolution shall take effect October 27, 2023. Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: September 21, 2023 Sponsor: Council Member Hoey o/b/o Public Safety Committee RESOLUTION 98.101.23R TITLE A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING PAUL COLLINS- HACKETT AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD GENERAL PURPOSE OF LEGISLATION Paul Collins-Hackett previously served a term on the CPRB from December 21, 2020, until October 26, 2023. This resolution would reappoint Mr. Collins-Hackett for a term expiring on October 26, 2026. FISCAL IMPACT(S) None. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Anane introduced the following: ORDINANCE 5.21.23 (As Amended 9.18.2023) AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CLARIFYING THE STANDARDS AND MODIFYING ENFORCEMENT GUIDELINES FOR LOITERING The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 255-2 (Loitering) of Article I (Loitering; Disturbances; Defacing of Property) of Chapter 255 (Peace and Good Order) of Part II (General Legislation) of the Code of the City of Albany is hereby to read as follows: § 255-2 Loitering. It shall not be lawful for any person to loiter or remain in any place for the specific illegal purpose of: A. Selling, using or possessing illegal drugs. B. Possessing illegal weapons. C. Trespassing. D. Violating Article V, Unnecessary and Unusual Noises, of this chapter. E. Violating Chapter 105, Alcoholic Beverages. F. Illegal gambling. G. Illegal harassment. H. Violating Article VI, Graffiti, of this chapter. I. Obstructing pedestrian or vehicular traffic. J. Violating Article VII, Public Urination, of this chapter. Section 2. Section 255-3 (Enforcement Guidelines) of Article I (Loitering; Disturbances; Defacing of Property) of Chapter 255 (Peace and Good Order) of Part II (General Legislation) of the Code of the City of Albany is hereby to read as follows: § 255-3 Enforcement Guidelines Matter in strikethrough to be deleted. Matter underlined is new material. A. Probable cause. Probable cause to charge or arrest any person for a violation of this article shall arise only when the law enforcement officer personally has observed or is presented with video evidence or a witness statement describing the commission by such person of some definable impermissible or illegal act as set forth hereinabove. B. Failure to explain presence. The failure of any person to offer an explanation of his or her purpose in being at a particular place shall not, in and of itself, constitute a violation of this article. Section 3. This ordinance shall take effect immediately. Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: January 24, 2023 Sponsor: Council Member Anane ORDINANCE 5.21.23 TITLE AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CLARIFYING THE STANDARDS AND MODIFYING ENFORCEMENT GUIDELINES FOR LOITERING GENERAL PURPOSE OF LEGISLATION The purpose of this legislation is to permit enforcement of Albany’s loitering laws when there is recorded evidence that a suspect has been in violation of the law and to specifically include public urination and defecation as an unlawful purpose for loitering. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The recent rise in crime has left citizens feeling less safe than before. Loitering individuals can be harmful to local businesses, deterring prospective customers, particularly when those individuals are engaging in other criminal activity. The current loitering law requires an officer to “personally observe the commission of a criminal or impermissible act. This leaves the police unable to protect businesses if, for instance, the loitering individual is no longer performing the illegal act when the officer arrives. This ordinance would empower the police to better protect local businesses and restore those businesses faith in the police, since they would be better able to enforce our laws. FISCAL IMPACT(S) None.