Modesto panel considers eight code revisions

Entertainment ordinance awaits further deliberation

By ADAM ASHTON
aashton@modbee.com

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Modesto City Council members on Monday pressed pause on a proposal for a new entertainment ordinance.

They asked a group of city officials and downtown business representatives to get more comments on a draft of the proposal, which would govern nightclubs, bars and gatherings that draw more than 100 people.

The entertainment measure was one of eight potential new ordinances or revisions to Modesto's municipal code, including changes to animal control penalties, that went before the council's Safety and Communities Committee on Monday.

The proposed entertainment ordinance would create a city commission to issue two-year permits for music or dancing venues. It resulted from a discussion the Police Department kicked off, seeking new tools to manage Modesto's growing downtown night life.

Certain exemptions apply, but businesses that regularly host entertainment would have to pay $250 and submit operation plans to the entertainment commission. That's a change from the current process, which is overseen mostly by the Police Department's determination of whether a club can have a dance permit.

The meeting drew five of seven council members, two more than typically attend similar sessions. The two extra members -- Councilwomen Janice Keating and Kristin Olsen -- weighed in but did not cast votes because they are not assigned to the safety committee.

Here's a look at how the committee handled the other pro- posals, which are subject to further votes by the entire council.

Prohibit Dumpster diving: This ordinance earned a split vote, with Councilman Brad Hawn and Bob Dunbar supporting it and Councilman Will O'Bryant voting against it.

O'Bryant said it's unrealistic to expect officers to cite anyone for breaking this ordinance.

"We're picking on a class of people who have virtually nothing," he said.

Police raised concerns about public health and identity theft in backing the proposal.

Dunbar and Hawn conceded O'Bryant's point, but they supported it as a resource for police to search Dumpster divers for signs of identity theft, and to crack down on people who endanger residents.

Declare animal-related code infractions a misdemeanor: Committee members found this measure too broad because it lumped light infractions, such as keeping a dog without a license, with serious charges of canine viciousness.

"I am adamantly opposed to citing Mrs. Jones a misdemeanor for Fluffy not having a leash," O'Bryant said.

Dunbar asked Police Chief Roy Wasden and City Attorney Su-sana Alcala Wood to revise the proposal to distinguish between the offenses. The target remains seizing animals that threaten harm to residents.

Allow police to stack fines for code infractions on a single ticket: The committee OK'd this request. It revises the municipal code to reflect a former police practice of aggregating fees on a single citation. Wood nixed that policy earlier this year because it defied the language of the municipal code.

This proposal would permit an officer to cite someone on one ticket for each violation of Modesto's code. That means, for example, that someone who keeps a dog that escapes from a yard, doesn't wear a leash and isn't licensed would face a $300 fine instead of a $100 fine.

Redefine drinking in public parks as a misdemeanor instead of an infraction: Dunbar and Hawn supported this proposal; O'Bryant voted against it.

Police said the change would allow officers to arrest people who repeatedly drink in parks. O'Bryant said he was concerned it would punish too many people too severely.

Require hotel guests to provide correct identification when checking into a room: The committee re- jected this proposal as it is written, though council members asked police to have hotel managers review it. It would allow police to review hotel registries to track criminals such as registered sex offenders.

Redefine the term "public nuisance" with respect to drug possession: This was the only proposal to get the committee's endorsement without much discussion. It allows police to declare a home a nuisance if its inhabitants possess controlled substances. Modesto's code currently requires officers to see someone selling or using drugs before calling a residence a public nuisance.

Enable police to seize abandoned vehicles: This proposal would reduce the amount of time that police must wait to tow dangerous vehicles from private property. It was delayed until a later meeting.

To comment, click on the link with this story at www.modbee.com. Bee staff writer Adam Ashton can be reached at aashton@modbee.com or 578-2366.