LAKEPORT, Calif. — The Lakeport City Council considered a new ordinance to restrict “loitering” in and about public restrooms, as proposed by the police department at Tuesday’s council meeting.
A public hearing with second-reading is scheduled for February 4.
The proposed rule would prohibit individuals from loitering within 15 feet of public restrooms and intentionally blocking the entrances and exits. Offenders asked to leave for loitering would be barred from returning for 72 hours, according to the staff report.
“Within the past 18 months, the city of Lakeport has experienced an increase in subjects loitering, lingering and being idle at or close to the public restrooms,” Lakeport Police Sgt. Ryan Cooley said during his presentation at the council meeting.
The staff report on the matter was submitted by Police Chief Dale Stoebe, who joined the meeting on Zoom because he was out for training.
Some of the undesired behaviors described in Cooley’s presentation included “sitting or lying on the floors inside the public restroom,” “being idle” near and within the public restroom, and “blocking entrances and exits.”
He also mentioned that aggressive behaviors occurred at times for which “the police department has been summoned.”
For the police department, Cooley said the new ordinance provides a new tool of enforcement that is not yet supported by current local and state laws.
Current local code does not have “an enforcement section to regulate the described conduct,” while related state laws are only “enforceable when a sexual gratification component can be established,” Cooley noted.
“This ordinance will allow sworn police officers to return public restroom space to its intended use and by the community,” Cooley said.
After public comment and council discussion, the council unanimously agreed to move forward with the proposed ordinance to the next step.
The public hearing and second reading, which may include a possible vote by the council on adoption, will be held on Tuesday, Feb. 4, said Deputy City Clerk Hilary Britton.
Discussion on the ordinance’s purpose and public notice
After Cooley’s report, Councilmember Brandon Disney immediately raised the question of whether the city was going to put additional signage about loitering at the public restrooms to “make it known” to people.
“I don’t think that was a consideration at this time,” said City Manager Kevin Ingram. “If it continues to be a problem even with the enforcement of this then that may be something that can be considered.”
During public comment, Fourth Street resident Danny Wind voiced discontent with the proposed ordinance.
“If you want to arrest our neighbors experiencing homelessness, the courts will support you,” said Wind. “I’m not surprised to see this kind of legislation come forth as many other jurisdictions have followed suit.”
“I don’t think this is an ordinance targeted at necessarily people who are homeless or houseless,” said Todd Freitas, president of the Lakeport Police Officers’ Association, speaking as a member of the public.
“Essentially it's a warning. It's a toolbox for us as a police officer to say, hey, look, you're clearly loitering. In the discretion of me as a police officer, you basically are an adult timeout. You lost your privileges to the park for the next 72 hours,” said Freitas, who thought the ordinance is a “very fair and balanced approach.”
Freitas also responded to Disney’s concern regarding signage and public notice.
“There are the signs of ‘no fishing’ at all of our boat ramps. And when I'm working patrol, I usually talk to about 13 people a day about that,” Freitas said. “So the signs don't always address things, unfortunately.”
Freitas added that public meetings and the police’ “educational approach” would be the ways to “make it available to people.”
Discussion on gender-related language and unisex public restrooms
In their comments, Wind also asked the council to amend the language related to gender under the section that regulates the use of public restrooms, which was not on the agenda for this meeting.
The section currently reads, “Male persons shall not resort to any restroom or washroom facilities set apart for women, and female persons shall not resort to restrooms and washroom facilities set apart for men.”
“In the state of California, it is possible to receive an X indicator under sex on state IDs,” said Wind of the non-binary gender options with which people can legally identify.
Wind requested the council remove the language specifying male and female persons and reduce it to “no person shall use such facilities for purposes other than those intended.”
Mayor Kim Costa responded that it would be a significant change and would require public input and more time to “suss out.”
“So as of today, I am not open to just unilaterally lining that out and adding the new language,” Costa said.
“I think we can bring this back at a future date, after doing more research, looking at the legality of it,” Disney added. “But that's just not at the public notice for this meeting, nor is it written in front of us tonight.”
Councilmember Kenny Parlet asked about “unisex” public restrooms in the city.
“The new restrooms we installed at the park at First, Third and Fifth streets that have a facility on each side have no gender designation on them,” Public Works Director Ron Ladd responded.
“So that would never have been a problem there and doesn't need to be changed,” Parlet said. “Because anyone who needs to use it for the purposes intended, could go in there without a problem, and it's only a short walk.”
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Lakeport City Council considers new ordinance to curb loitering at public restrooms
- LINGZI CHEN
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