Esta ley enmienda la Ley de Municipios Autónomos de Puerto Rico para definir los Códigos de Orden Público, crear la Oficina para la Adopción de Códigos de Orden Público adscrita a la Policía de Puerto Rico y establecer un Fondo Anual para la Adopción de Códigos de Orden Público. Busca mejorar la calidad de vida y la seguridad en áreas públicas mediante la regulación de conductas que generan desorden o problemas de convivencia, como el consumo de alcohol en la vía pública, el ruido excesivo y la prostitución, entre otros. La ley detalla la composición y funciones de un Comité Interagencial para la Adopción de Códigos de Orden Público y establece cómo se administrarán y distribuirán los fondos para la implementación de estos códigos por parte de los municipios.
(N. B. 3837) (Approved March 1, 2004)
To amend subsections
(b) ,
(f) and
(g) of Section 2.008 of Chapter 11 on the Powers and Authority of Municipal Governments of Act No. 81 of August 30, 1991, as amended, known as the "Commonwealth of Puerto Rico Autonomous Municipalities Act of 1991," to amend the definition of the Public Order Codes, create the Office for the Adoption of Public Order Codes and the Annual Fund for the Adoption of Public Order Codes.
Act No. 19 of April 1, 2001, amended Act No. 81 of August 30, 1991, to pave the way for the adoption of Public Order Codes by the municipalities, define their scope and objectives, establish the requirements for their adoption, create an Interagency Committee that will appropriate the funds for the municipalities that request them and that adopt regulations therefor.
The Public Order Codes seek to rescue locations in which there is a large concentration of diverse activities, that have deteriorated the quality of life of the citizens and have created problems of order and community living, in order to convert them to attractive places suitable for living, working and enjoyment. The Public Order Codes create and propitiate a safe, attractive and enjoyable environment that improves the quality of life of the citizens.
The Public Order Codes are intended to rule public areas, delimiting locations of specific and limited territorial extension in which there are
problems of disorders or of public conviviality in our municipalities. Some examples of the problems to be solved are the sale or excessive use of alcoholic beverages or the sale of liquor to minors, prostitution, excessive or unnecessary noise, public nuisances that cause security problems, debris and junk in public areas, traffic jams and lack of parking space, among others. They entail fines are of such a nature to dissuade the undesirable behavior and motivate changes of attitude that can achieve peaceful and orderly coexistence in the delimited area.
The Legislature of the Commonwealth of Puerto Rico has granted high priority to the adoption of the Public Order Codes, as a measure to that will contribute to improve the quality of life of the citizens. Therefore, the Governor of the Commonwealth of Puerto Rico, the Hon. Sila María Calderón, through Executive Order OE 2002-10, established the Public Order Codes Adoption Program and created the Office for the Adoption of Public Order Codes attached to the Puerto Rico Police. To such effects and purposes, permanence and continuity in law must be given to this Program to guarantee compliance of its objectives.
The Government of the Commonwealth of Puerto Rico has adopted the Public Order Codes as a public policy. Thus, an annual fund was created to pave the way for the municipalities to adopt Public Order Codes in their respective jurisdictions. To such effect, the sum of fifteen million $(15,000,000)$ dollars was assigned to said fund, so that the municipalities that are interested, and meet the parameters of Act No. 19, supra, can implement the Public Order Codes. Said funds shall be used to recruit public order officers, and to acquire safety, transportation, communications and high technology equipment.
In addition, the fund created by law shall be used to assign to the municipalities, the budget resources needed to implement the Public Order Codes, and to educate and give orientation on the procedure to establish them, to the municipal personnel in charge of their preparation and implementation. This annual fund shall be covered into a special account assigned to the Puerto Rico Police and shall be distributed to the municipalities and the Police by the Interagency Committee for the Adoption of Public Order Codes, as provided in Section 2.008, subsection
(f) of the Autonomous Municipalities Act, as amended.
It is pertinent for the Legislature of Puerto Rico to address the problems that affect the residents, visitors and merchants in the diverse public areas of our towns that have been identified as having sound peaceful coexistence and security problems that negatively affect the daily life of our citizens. To address this, the Central Government, in conjunction with the municipal governments and the private sector, has started a series of programs, among which is the Public Order Codes Program and the Revitalization of Urban Centers, so that we can build a safer Puerto Rico together, and thus improve the quality of life of all the inhabitants of our blessed land.
Section 1.- Subsections
(b) ,
(f) and
(g) of Section 2.008, of Act No. 81 of August 30, 1991, as amended, known as the "Commonwealth of Puerto Rico Autonomous Municipalities Act," are hereby amended to read as follows: "(a) $\quad$.
(b) For the purposes of this Section, Public Order Codes shall be the body of municipal ordinances in effect or of new legislation that intend to govern public areas delimiting specific and
limited territorial extension areas with problems of disorder or lack of peaceful coexistence, such as the sale or consumption of alcoholic beverages in public areas, the sale or dispensing of alcoholic beverages to minors, excessive or unnecessary noise, prostitution, public nuisances that create security problems, debris and junk in public areas and conflicts for the use of the areas designated for vehicular traffic as parking areas for vehicles.
The spaces to be regulated are locations such as urban centers, recreational areas, areas of tourist interest, or residential areas affected by commercial development, among others.
The Public Order Codes entail the imposition of monetary penalties of such a nature that they dissuade unwanted behavior and motivate changes in attitude that achieve peaceful and orderly coexistence in the designated surroundings.
The implementation of a Public Order Code presupposes the participation of the various community sectors and the intervention of the citizenry prior to its approval, which requires the prior consultation of citizens, to wit, merchants, residents, visitors, representatives of civic, religious and cultural organizations, as well as representatives of youth groups.
(c) $\ldots$
(d) $\ldots$
(e) $\ldots$
(f) Creation of the Interagency Committee for Public Order Codes. (1) An Interagency Committee is hereby created to adopt the Public Order Codes. This Committee shall be constituted by the Secretary of Justice, the Commissioner of Municipal Affairs, the President of the Mayors Association, the President of the Federation of Municipalities, the Director of the Drug Control Office, the Superintendent of the Puerto Rico Police, who shall preside, and a representative of the public interest designated by the Governor.
The purpose of this Committee is to evaluate and consider the petitions that shall be submitted through proposals by the municipalities interested in using the funds for the adoption of Public Order Codes. The Committee is hereby authorized to draft the regulations that shall govern the procedures for the presentation and consideration of petitions, which shall meet the requirements established in this Section.
The Committee, shall meet when summoned by the Chairperson, as needed. A simple majority of the Committee members shall constitute quorum for its deliberations and determinations.
The Committee shall submit an annual written report to the Governor of Puerto Rico and to the Legislature on the process to implement and administrate this Act and the resources appropriated and used by each municipality.
(2) The Office for the Adoption of Public Order Codes, attached to the Puerto Rico Police, is hereby created with the primary purpose of promoting among the municipalities of the Commonwealth of Puerto Rico, the adoption of Public Order Codes pursuant to this Act, as an instrument of public safety for the citizens.
The Office shall have the following powers, duties, functions and responsibilities:
The Puerto Rico Police, through its Office for the Adoption of Public Order Codes, shall work closely with the Department of Justice, the Office of the Commissioner of Municipal Affairs, the Drug Control Office, the Department of the Family, the Office of Special Communities, the Department of Education, the Department of Housing, and the Department of Transportation and Public Works, as well as any other State or Federal agency, as well as the Mayors of the Municipalities. The commonwealth agencies are hereby directed to render the necessary support for the achievement of the objectives established in this Act.
In the process of promoting the adoption of the Public Order Codes, the Puerto Rico Police, through this Office, shall ensure that citizen participation shall constitute a fundamental element. It shall mold the organization and implementation of the Public Order Codes so that they reflect the interests and needs of the communities in which the Public Order Codes are adopted.
The Management and Budget Office is hereby directed to appropriate to the Puerto Rico Police the monies needed to defray the operating expenses of the Office, for the Adoption of the Public Order Codes, which shall be covered into a special account for the use of said Office.
(g) Creation of the Annual Fund for the Adoption of Public Order Codes
The Annual Fund for the Adoption of Public Order Codes is hereby created to be distributed among the municipalities interested in implementing the Codes, in consultation with the organizations that represent the municipalities. The Management and Budget Office shall establish the amount to be appropriated from unencumbered funds of the Commonwealth Treasury to be distributed among the municipalities interested in implementing the Codes.
This appropriation shall be allocated into separate accounts identified as "Fund for the Adoption of Public Order Codes," attached to the Puerto Rico Police.
The Management and Budget Office shall consign in the operating budget of the Puerto Rico Police annually, the funds needed for the implementation of the purposes of this Act. The fund for the Public Order Codes may be nourished by municipal, federal and private contributions. It shall be understood that all previous appropriations made in behalf of the Public Order Codes are a part of this Fund, and to such effects, shall be governed by the criteria established in this Act.
The Puerto Rico Police, through the Office for the Adoption of Public Order Codes, is hereby directed to establish reasonable criteria for the adequate distribution of these funds in the municipalities concerned.
The Puerto Rico Police shall manage the funds and the Interagency Committee shall distribute them to enable the municipalities to implement the Public Order Codes, educate and give orientations on the processes to establish them, recruit police officers, and acquire safety, transportation, communications and high technology equipment. However, the fund appropriated for the implementation of these Codes shall not be used to substitute or release those items already appropriated by the municipalities for these purposes.
This Committee is also authorized to evaluate and consider petitions from Community Boards attached to the municipalities or any other duly-established community-based organization for the implementation of the Public Order Codes by the Puerto Rico Police, after the Municipality has exercised its discretion to adopt said Public Order Codes and if, for any
reason, the Police of said municipality fails to implement them properly. In these cases, the Puerto Rico Police may submit a proposal to said Interagency Committee requesting funds to implement them...."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 73 (H.B. 3837) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsections
(b) ,
(f) and
(g) of Section 2.008 of Chapter 11 on the Powers and Authority of Municipal Governments of Act No. 81 of August 30, 1991, as amended, known as the "Commonwealth of Puerto Rico Autonomous Municipalities Act of 1991," to amend the definition of the Public Order Codes, create the Office for the Adoption of Public Order Codes and the Annual Fund for the Adoption of Public Order Codes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $17^{ ext {th }}$ of June of 2005.
Luis E. Fusté-Lacourt Director