HomeMy WebLinkAboutOrdinance No. 709 New'
ORDINANCE NO. 709
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA ADDING CERTAIN PROVISIONS TO THE AZUSA
MUNICIPAL CODE RELATING TO TRESPASSING UPON
POSTED PROPERTY.
The City Council of the City of Azusa does ordain as follows:
SECTION 1. The City Council does find and determine that the
following provisions of this ordinance are necessary for the protection
of the public health and safety and particularly for the protection of
water spreading grounds and other sources of the City's domestic water
supply from possible pollution by the activities of unauthorized persons
entering upon the property where such water spreading or other water
facilities are located.
SECTION 2. The Azusa Municipal Code is hereby amended by
the addition to Chapter 2 of Article IV of a new Part 8 consisting of
Sections 4280 to 4286, inclusive, reading respectively as follows:
"PART 8 - TRESPASSING
SECTION 4280. DEFINITIONS.
The following terms used in this Part, unless the context
clearly indicates otherwise, shall have the respective meanings
herein set forth, namely:
(a) The term 'sign' means a sign affixed not less than
three feet, nor more than six feet, above the ground level at the
place of posting as specified in Section 4282, which sign shall
consist of wood, metal, or other substantial material, with a face
of not less than one square foot in area and upon which in letters
not less than two inches in height, either black against a white
background or white against a black background, or contrasting
colors, appear, in addition to such other information as may be
placed thereon, the following: 'TRESPASSING -- LOITERING FORBIDDEN
BY LAW' .
(b) The term 'posted property' means any property specified
in Section 4281 which is posted in a manner provided in Section
4282.
(c) The term 'posted boundary' means a line running from
sign to sign and such line need not conform to the legal boundary
or legal description of any lot, parcel or acreage of land, but
only the area within the 'posted boundary' shall constitute
'posted property' .
SECTION 4281. PROPERTY TO BE POSTED.
Any property, except that portion of such property to which
the general public is accorded access, may be posted against
trespassing and loitering in the manner provided in Section 4282,
and thereby becomes 'posted property' subject to the provisions of
this Part applicable to posted property, if such property consist
of, or be used, or be designed to be used, for any one or more of
the following:
(a) A reservoir, dam, generating plant, receiving station,
distributing station, transformer, transmission line, or any
appurtenances, used for the storage of water for the generation of
hydro-electric power, or for the generation of electricity by water
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or steam or by any other apparatus or method suitable for the
generation of electricity, or for the handling, transmission,
reception, or distribution of electric energy.
(b) A water well, dam, reservoir, spreading ground,
pumping plant, aqueduct, canal, tunnel, siphon, conduit or
any other structure, facility, or conductor for producing,
storing, diverting, conserving, treating, or conveying water.
SECTION 4282. MANNER OF POSTING.
Any property described in Section 4281 may be posted against
trespassing and loitering, in the following manner:
(a) Any such property, if it be not enclosed within a fence
and if it be of an area not exceeding one acre if it have no lineal
dimension exceeding one mile, by posting signs at each corner of
the area so posted, and at each entrance thereto.
(b) Any such property, if it be not enclosed within a fence,
and if it be of an area exceeding one acre, or if it contain any
lineal dimension exceeding one mile, by posting signs along or
near the exterior boundaries of the area so posted at intervals of
not more than six hundred feet, and also at each corner thereof,
and, if such property have definite entrance or entrances thereto,
at each such entrance.
(c ) Any such property, if it be enclosed within a fence and
if it be of an area not exceeding one acre, and if it have no
lineal dimension exceeding one mile, by posting signs at each
corner of such fence and at each entrance thereto.
(d) Any such property, if it be enclosed within a fence and
if it be of an area exceeding one acre, or if it have any lineal
dimension exceeding one mile, by posting signs on, or along the
line of, such fence at intervals of not more than six hundred feet,
and also at each corner thereof and at each entrance thereto.
SECTION 4283. TRESPASSING ON POSTED PROPERTY PROHIBITED.
No person shall enter or remain upon any 'posted property'
without the written permission of the owner, tenant, or occupant
in legal possession or control thereof. Every person who so
enters or remains upon such 'posted property' without such written
permission is guilty of a separate offense for each day during any
portion of which he enters or remains upon such 'posted property' .
SECTION 4284. DEFACING SIGN.
No person shall, without authority, tear down, deface or
destroy any sign posted under the provisions of this Part.
SECTION 4285. LOITERING IN VICINITY.
No person shall loiter in the immediate vicinity of any
'posted property' . This section does not prohibit, in the
immediate vicinity of any 'posted property', or elsewhere,
picketing or any lawful activity by which the public is informed
of the existence of an alleged labor dispute.
SECTION 4286. EXCEPTIONS.
This Part does not apply to any entry, in the course of duty,
of any peace or police offitoror other the lawfulduly use oftanrized public
established and
officer, nor does it apply
existing right-of-way for public road purposes.
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This Part does not prohibit any lawful activity for the
purpose of engaging in any organizational effort on behalf of
any labor union, agent, or member thereof, or of any employee
group, or any member thereof, employed or formerly employed in
any place of business or manufacturing establishment described
herein, or for the purpose of carrying on the lawful activities
of labor unions, or members thereof.
This Part does not prohibit any lawful activity for the
purpose of investigation of the safety of working conditions on
posted property by a representative of a labor union or other
employee group who has upon his person written evidence of due
authorization by his labor union or employee group to make such
investigation. "
SECTION 3. The City Clerk shall certify to the passage of
this ordinance and shall publish the same as required by law.
Passed and approved this 18th day of June , 1962.
Mayor
STATE OF CALIFORNIA
COUNTY OF LOS ANGFT 'S SS.
CITY OF AZUSA
I, JAMES MILLER, City Clerk of the City of Azusa, do hereby
certify that the foregoing Ordinance No. 709 was regularly introduced
and placed upon its first reading at a regular meeting of the City
Council on the 4th day of June , 1962. That, thereafter,
said ordinance was duly adopted and passed at a regular meeting of the
City Council on the 18th day of June , 1962, by the following
vote, to-wit:
AYES: Councilmen: Memmesheimer, Cooney, Jackson, McLees, Ortune
NOES: Councilmen: Nene
ABSENT:Councilmen: Nene
•` City Clerk
I do further certify that I 'eaused said Ordinance to be
published prior to the expiration of fifteen days from the passage thereof
in the Azusa Herald and Pomotropic, a newspaper of general circulation,
printed, published and circulated in the City of Azusa, on the 24th day
of June , 1962, and that the same was published in accordance
with law.
City Clerk
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