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(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DELINQUENT ACTS. Those acts which violate the laws of the United States, or the statutes of the state or the ordinances of the city, or those acts which would cause or tend to cause the minor to come under the jurisdiction of the juvenile division of the Humboldt County Court, but does not include traffic violations.
ILLEGAL DRUGS. Controlled substances as defined in the Cal. Health & Safety Code obtained without a legal prescription.
JUVENILE DELINQUENT. Those minors whose behavior interferes with the rights of others or menaces the welfare of the community.
MINOR. Any person under the age of 18 years residing with a parent or guardian.
PARENT. Mother, father, legal guardian and any other person having the care or custody of a minor, or any person acting in the parents stead who has custody or control of the minor.
(B) Parental duties.
(1) It is the continuous duty of the parent of any minor to exercise reasonable control to prevent the minor from committing any delinquent act.
(2) Included (without limitation) in this continuous duty of reasonable parental control are the following parental duties:
(a) To keep illegal drugs or illegal firearms out of the home and legal firearms in places that are not accessible to the minor;
(b) To forbid the minor from keeping stolen property, illegally possessing firearms or illegal drugs, or associating with known juvenile delinquents, and to seek help from appropriate governmental authorities or private agencies in handling or controlling the minor, when necessary.
(C) Notification of parents; record of notification.
(1) Whenever a minor is arrested or detained for the commission of any delinquent act within the city, the parent of the minor shall be immediately notified by the city Police Department, advising the parent of such arrest or detention, the reason therefore, and the parent's responsibility under this ordinance.
(2) A record of such notifications shall be kept by the Police Department.
(D) Violations. No parent or guardian of any minor under the age of 18 years shall fail to exercise reasonable parental control over such minor. An adjudication that the minor has violated a provision of this code which is an infraction or misdemeanor, or a finding that the minor is responsible for a violation of this code which is deemed a civil infraction shall be prima facie evidence that the parent or guardian failed to exercise reasonable parental control.
(Ord. 611-C.S., passed 9-17-96) Penalty, see § 130.99
(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL
means and includes ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE
means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
CONTROL
means any form of dominion, including ownership, tenancy, or other possessory right.
EVENT
or
GATHERING
means any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
HOST
means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event.
JUVENILE
means any person less than 18 years of age.
PARENT
means any person having legal custody of a juvenile:
(a) As natural, adoptive parent, or step-parent;
(b) As a legal guardian; or
(c) As a person to whom legal custody has been given by order of the court.
PERSON
means any individual, partnership, co-partnership, corporation, or any association of one or more individuals.
RESIDENCE
or
PREMISES
means a home, yard, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.
RESPONSE COSTS
means the costs associated with response, such as responses by law enforcement, fire and other emergency response providers to underage or unruly gatherings, including but not limited to:
(a) The portion of the costs of salaries and benefits of law enforcement, fire and other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the underage or unruly gatherings, and the administrative costs attributable to such response(s);
(b) The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of an underage or unruly gathering;
(c) The cost of the use of any city equipment or property, and the cost of repairing any city equipment or property damaged in responding to, remaining at or leaving the scene of an underage or unruly gathering; and
(d) Any other costs recoverable in compliance with Cal. Civil Code § 1714.9.
RESPONSIBLE PERSON
means a person or persons with a right of possession in the residence or other private property on which an underage or unruly gathering is conducted, including, but is not limited to:
(a) The person who owns, rents, leases or otherwise has control of the premises where the gathering occurs;
(b) A tenant or lessee of the residence or other private property;
(c) The landlord or another person responsible for the gathering, including a master tenant who sublets a unit to another person;
(d) Any other person in charge of the residence or other private property; and
(e) The person who organizes or supervises or conducts the event or any other person(s) accepting responsibility for such a gathering.
A
RESPONSIBLE PERSON
for the underage gathering need not be present at such gathering for the imposition of civil penalties and/or response costs.
If the person responsible for the event is a juvenile, then the juvenile and the parents or guardians of the juvenile may be jointly and severally liable for the response costs and penalties imposed pursuant to this section.
UNDERAGE PERSON
means any person under 21 years of age.
(B) Prohibited acts.
(1) It is unlawful for any person(s) to host or allow an event or gathering at any residence, premises, or any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
(a) A person is criminally responsible for violating division (B)(1) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act.
(b) A person who hosts an event or gathering as described in division (B)(1) above does not have to be present at the event or gathering to be criminally responsible.
(C) Exceptions.
(1) This section does not apply to conduct solely between an underage person and his or her parents while present in the parent's household.
(2) This section does not apply to legally protected religious observances.
(3) This section does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of their employment.
(D) Recovery of response costs.
(1) Issuance of written warning. When a law enforcement officer makes an initial response to an underage gathering at a residence or other private property within the city, and a police officer issues a citation for violation of this section, the officer shall issue a written warning.
(a) Contents of warning. The warning shall state that an underage gathering existed on the date of the incident in question and the responsible persons will be charged for any response costs incurred for subsequent responses to the property for an underage gathering within a 12-month period.
(b) Delivery of warning.
1. This warning shall be given to all identified responsible persons at the time of the first response to an underage gathering where a citation is issued for violation of this section.
2. The officer may subsequently return to the residence or other private property and issue the warning to a then-present responsible person(s).
3. Within 30 calendar days of the initial citation, an additional written warning shall be transmitted via certified mail to the record owner of the residence or private property.
(2) Recovery of response costs. When a law enforcement officer issues a second citation to the same responsible person(s) within 12 months of an earlier citation of the first warning at the same residence or other private property, all responsible persons who received a previous warning shall be jointly and severally liable for the city's response costs concerning such second or subsequent underage or unruly gathering. Only those who were responsible person(s) at both the first and subsequent underage or unruly gathering shall be subject to response costs under this subdivision.
(3) Remedy not exclusive. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this code or by law for the purpose of enforcing the provisions thereof.
(4) Response costs deemed administrative penalties. All response costs incurred by the city shall be deemed administrative penalties pursuant to this Code.
(E) Penalties.
(1) Violations of this section shall be charged as an infraction or a misdemeanor at the discretion of the City Attorney pursuant to § 10.99 of this Code. Each violation shall constitute a separate charge.
(2) Any person who violates this section shall also be subject to the following:
(a) The parent and/or responsible person of the event or gathering shall be held civilly responsible for the damages caused by the event or gathering; and
(b) Fines:
1. First violation within a 12-month period shall result in a fine of $250;
2. Second violation within a 12-month period shall result in a fine of $500;
3. Third violation within a 12-month period shall result in a fine of $1,000.
(3) Such penalties and fines shall not constitute the sole remedies of the city.
(F) Severability. The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this section, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this section, or the validity to other persons or circumstances.
(G) Non-exclusivity. Nothing in this section shall limit or preclude the enforcement of other applicable laws.
(H) No duty of care imposed on city. This section is not intended to impose, and shall not be construed or given effect in a manner that imposes upon the city, or any officer, employee, agent, or representative of the city, a mandatory duty of care toward person or property within or without the city limits, so as to provide a basis of civil or criminal liability.
(Ord. 807-C.S., passed 11-4-14)
(A) Definitions. For purposes of this section, the following words and phrases are defined as follows:
NUDE or NUDITY means exposure of the genitals, pubic area, anus, or buttocks with less than a fully opaque covering; or exposure of a female breast below a horizontal line across the top of the areola at the areola's highest point with less than a fully opaque covering.
PUBLIC PROPERTY means any property owned or controlled by the city, including, but not limited to, any park, building, street, sidewalk, bike path, alley, parking lot, plaza, park, playground, pool, beach or adjacent waters, or other place open to the public.
(B) Public nudity prohibited. No person shall be nude upon public property or upon any portion of private property that is visible from public property.
(C) Exceptions. This section shall not apply to:
(1) Children under the age of five years;
(2) The exposure of a breast while breastfeeding a nursing child;
(3) Theatrical performances in a theater, concert hall, or other similar establishment located on public property;
(4) Nudity within a fully enclosed structure intended to allow brief nudity, such as a bathroom, locker room, dressing room, or changing room; and
(5) Any act that is expressly permitted or prohibited by any law of the State of California.
(D) Penalty.
(1) Every violation of this section shall constitute a misdemeanor pursuant to § 10.99 and upon conviction shall be punished by a fine not to exceed $1,000 or by imprisonment in the county jail not to exceed six months, or by both.
(2) Violations of this section are hereby declared to be public nuisances and the City Attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin the violations.
(3) In addition to the foregoing penalties, any person who violates this section is subject any other remedy allowed by law including, but not limited to, criminal sanctions, civil action and administrative penalties as provided for in this Code or any other local, state or federal law.
(E) Severability. If any provision, clause or word of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision, clause, word or application of this section which can be given effect without the invalid provision, clause or word, and to this end the provisions of this section are declared to be severable.
(Ord. 824-C.S., passed 11-17-15)
(A) Purpose and findings.
(1) The purpose and intent of this section is to protect the safety and welfare of the general public and improve the quality of life and economic vitality of the City of Eureka by imposing reasonable restrictions on aggressive and obstructive conduct while respecting the constitutional rights of free speech and privacy for all citizens.
(2) Aggressive conduct typically includes using profane, offensive or abusive language or acts directed at another person, threats of physical contact, or the intentional blocking of the movement of a person or their bicycle or vehicle. The City Council finds that an increase in aggressive and obstructive conduct throughout the city has become disturbing and disruptive to persons and businesses and has contributed not only to the loss of access to and enjoyment of places open to the public, but has also created an enhanced sense of fear of intimidation, disorder, and apprehension.
(3) The City Council finds that aggressive or obstructive conduct is especially intimidating and threatening at or near banks, or in close proximity to automated teller machines. Such activity often carries with it an implicit threat to both persons and property.
(4) This law is timely and appropriate because current laws and city regulations are insufficient to address the aforementioned problems. In enacting this legislation, the City Council recognizes the availability of community service and other sentencing alternatives, which may be appropriate remedies for violations of this law. The goal of this law is to protect persons from the fear and intimidation resulting from certain kinds of aggressive or obstructive conduct.
(B) Applications.
(1) The provisions of this section apply generally to all property throughout the City of Eureka wherein any of the conditions specified are found to exist; provided, however, that any conduct or condition which would otherwise be deemed a violation of this section, but which is permitted or authorized under any state or federal law, including state or federal constitutional provisions, is not a violation of this section.
(C) Definitions. For purposes of this chapter, the following words, terms and phrases have these definitions:
AGGRESSIVE CONDUCT. Means any of the following:
(a) Conduct intended or likely to cause a reasonable person to fear bodily harm to themselves or to another, damage to or loss of property, or otherwise to be intimidated into giving money or other thing of value;
(b) Intentionally touching or causing physical contact or threatening physical contact with another person without that person's consent;
(c) Persisting in closely following, approaching, or accosting a person after that person has informed the person following, approaching or accosting that they do not want to be followed, approached or accosted;
(d) Using threatening gestures toward a person; or
(e) Using profane, offensive or abusive language towards a person in order to cause fear or intimidation, or which is likely to provoke an immediate violent or fearful reaction; or
(f) Conduct in violation of the California Vehicle Code, including for example but not by way of limitation, violations such as the pedestrian conduct prohibited by Cal. Veh. Code Sections 21950, 21954, 21955, 21957, 21964, or 21966.
AUTOMATED TELLER MACHINE (ATM). Any electronic information-processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account.
AUTOMATED TELLER MACHINE FACILITY. The area comprised of one or more automated teller machines, and any adjacent space, which is made available to banking customers after regular banking hours.
BANK. Any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
CREDIT UNION. Any federal credit union and any state- chartered credit union, where accounts are insured by the Administrator of the National Credit Union.
DRIVEWAY. A lane of travel that is the transition from a public roadway to a public or private parking lot, drive-through facility or loading facility.
FINANCIAL INSTITUTION. Any of the following as defined herein: bank, savings and loan association and/or credit union.
OBSTRUCTIVE CONDUCT. Intentional blocking or disruption, whether by personal positioning or the use of physical objects, of traffic, pedestrians, wheel chairs or bicycles on public roadways, crosswalks, sidewalks, driveways, entrances to businesses or public buildings, bicycle lanes, bicycle paths or recreational trails.
PUBLIC PLACE or PLACE OPEN TO THE PUBLIC. A place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, crosswalk, street or highway median, pedestrian safety island, parking lot, plaza, transportation facility, public transportation vehicle, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, apartment house or hotel not constituting a room or apartment designed for actual residence, and including any area within 15 feet of the entrance or exit of a financial institution or any area within 15 feet of an automated teller machine or the entrance or exit of an automated teller machine facility.
SAVINGS AND LOAN ASSOCIATION. Any federal savings and loan association and any "insured institution" as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 1752 of the Federal Credit Union Act.
(D) Prohibited conduct.
(1) No person may engage in aggressive conduct in any public place or place open to the public.
(2) No person may engage in obstructive conduct in any public place or place open to the public.
(E) Penalty and severability.
(1) Any person who violates any provision of the section is subject to the provisions of § 10.99. Each violation of this section is a separate offense. A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney's discretion.
(2) The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this section, or the invalidity of the application thereof to any person or circumstance does not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances.
(Ord. 897-C.S., passed 1-21-20) Penalty, see § 130.99
(A) Prohibition. No person or group of people shall sit or lie down upon a public sidewalk, curb or street, or upon a blanket, chair, stool, or other object placed upon a public sidewalk, curb or street between the hours of 6:00 a.m. and 11:00 p.m. in the following areas:
(1) The Downtown/Old Town Business District, defined as described below:
North Boundary
• Beginning at the intersection of Broadway/Highway 101 and 2nd Street; and then
• continuing northeasterly along 2nd Street to a point approximately 385 feet easterly of the intersection of 2nd and A Streets; and then
• extending north, parallel with C Street approximately 300 feet to Waterfront Drive; and then
• continuing easterly along Waterfront Drive to the intersection with First and C Streets; and then
• continuing easterly along First Street to the intersection of First and H Streets; and then
• continuing in a northeasterly direction approximately parallel to 2nd Street to the intersection of Waterfront Drive and I Streets.
South Boundary
• Beginning at the intersection of Broadway/Highway 101 and Washington Street; and then
• continuing east on Washington Street to the intersection with C Street; and then
• continuing north on C Street to the intersection with 8th Street; and then
• continuing east on 8th Street to the intersection with D Street; and then
• continuing south on D Street approximately 145 feet; and then
• extending east, parallel with 8th Street to an intersection with E Street; and then
• continuing south on E Street to the intersection of 9th Street; and then
• continuing east on 9th Street to the intersection of 9th and G Streets; and then
• continuing North on G Street to the intersection with 8th Street; and then
• continuing east on 8th Street to the intersection with I Street.
West Boundary
• Beginning at the intersection of Broadway/Highway 101 and 2nd Street; and then
• continuing south along Broadway/Highway 101 to the intersection of Broadway/Highway 101 and Washington Street.
East Boundary
• Beginning at the intersection of 8th and I Streets; and then
• continuing North on I Street to the intersection with Waterfront Drive.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(2) The Northern Gateway Business District A, defined as described below:
North Boundary
• Beginning at the intersection of Waterfront Drive and M Street; and then
• continuing in a northeasterly direction along Waterfront Drive to the intersection with T Street; and then
• continuing East along a line from the eastern end of Waterfront Drive, to the railroad right-of-way, and then in a southeasterly direction along the railroad right-of-way to the shoreline of Humboldt Bay.
South Boundary
• Beginning at the intersection of 7th and M Streets; and then
• continuing east on 7th Street to the intersection with P Street; and then
• continuing north along P Street to the intersection with 6th Street; and then
• continuing east along 6th Street to the intersection with Myrtle Avenue; and then
• continuing southeasterly along Myrtle Avenue to the intersection with 7th Street; and then
• extending northeasterly to an intersection with 6th and T Streets; and then
• continuing east along 6th Street, approximately 290 feet, to an intersection with the southerly extension of U Street; and then
• extending northeasterly on a diagonal to the intersection of 5th Street/Highway 101 and V Street; and then
• continuing east along 5th Street/Highway 101 approximately 905 feet to an intersection with the southerly extension of Y Street; and then
• extending north, parallel with T Street to the intersection of 4th Street/Highway 101 and Y Street; and then
• continuing east and northeasterly along 4th Street/Highway 101 to an intersection with the west shoreline of Eureka Slough.
West Boundary
• Beginning at the intersection of 7th and M Streets; and then
• Continuing north along M Street to the intersection with Waterfront Drive.
East Boundary
• Beginning on the west shoreline of the Eureka Slough at the railroad bridge; and then
• extending along the west shoreline of Eureka Slough southeasterly to an intersection with 4th Street/Highway 101.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(3) The Northern Gateway Business District B, defined as described below:
North Boundary
• Beginning at the west shore of Eureka Slough at the intersection with 5th Street/Highway 101; and then
• continuing southwesterly along 5th Street/Highway 101 approximately 865 feet to the unnamed access road leading to the easterly end of 6th Street, south of 5th Street/Highway 101; and then
• continuing southeasterly along the unnamed access road to the intersection with 6th Street; and then
• continuing southwesterly along 6th Street approximately 510 feet to a point north of the westerly property line of the commercial parcel, east of the apartment buildings.
South Boundary
• Beginning at a point on Tydd Street approximately 490 feet northeasterly of the intersection of Myrtle and West Avenues; and then
• extending easterly along the south property line of the commercial property located north of Tydd Street and south of 6th Street, approximately 850 feet to the overhead power lines that run east/west.
West Boundary
• Beginning at the northerly end of Tydd Street; and then
• continuing north at an approximate 90 degree angle along the westerly property line of the commercial parcel, east of the apartment buildings, approximately 435 fee to an intersection with 6th Street.
East Boundary
• Beginning on the west shoreline of the Eureka Slough at the intersection of the Slough and 5th Street/Highway 101; and then
• extending southwesterly to the easterly property line of the commercial parcel located north of Tydd Street and south of 6th Street; and then
• continuing southwesterly to the overhead power lines that run east/west near the southeast corner of the commercial parcel.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(4) The Northern Gateway Business District C, defined as described below:
North Boundary
• Beginning at the west shore of Eureka Slough at the intersection with 5th Street/Highway 101; and then
• continuing in an easterly direction along the south line of 5th Street/Highway 101 to the intersection of 5th Street/Highway 101 and Jacobs Avenue.
Westerly and South Boundary
• Beginning on the east shoreline of Eureka Slough at the intersection of 5th Street/Highway 101; and then
• Extending in an easterly direction along the north shoreline of Eureka Slough to an intersection with Airport Road.
East Boundary
• Beginning at the intersection of 5th Street/Highway 101 and Jacobs Avenue; and then
• continuing southeasterly on Airport Road approximately 770 feet to a point northeasterly of the north shoreline of Eureka Slough.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(5) The Northern Gateway Business District D, defined as described below:
North Boundary
• Beginning at the intersection of Highway 101 North and the access road on the south of the Highway with the bridge leading to the commercial auto sales parcel; and then
• continuing west along Highway 101 North approximately 730 feet to a point north of the northwest corner of the commercial auto sales business.
South Boundary
• Beginning at a point approximately 990 feet southeast of the intersection of Highway 101 North and the access road on the south of the Highway with the bridge leading to the commercial auto sales parcel; and then
• extending in a southwesterly direction at right angles approximately 730 feet to a point southwest of the southwestern corner of the commercial auto sales parcel.
East Boundary
• Beginning at the intersection of Highway 101 and the access road on the south of the Highway with the bridge leading to the commercial auto sales parcel; and then
• continuing southeasterly at right angle to Highway 101 North, approximately 990 feet to a point northeast of the southeast corner of the commercial auto sales parcel.
West Boundary
• Beginning at a point on Highway 101 North approximately 730 feet southwest of the intersection of Highway 101 North and the access road on the south of the Highway with the bridge leading to the commercial auto sales parcel; and then
• continuing southeasterly at right angles to Highway 101 North, approximately 990 feet to a point southwest of the southwest corner of the commercial auto sales parcel.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(6) The Northern Gateway Business District E, defined as described below:
North Boundary
• Beginning at the intersection of Highway 101 North and Indianola Cutoff; and then
• continuing westerly along Highway 101 North approximately 915 feet.
South Boundary
• Beginning at a point on Indianola Cutoff approximately 1340 feet southeast of the intersection of Highway 101 North and Indianola Cutoff; and then
• Extending southwesterly at an approximate right angle to Indianola Cutoff and approximately parallel with Highway 101 North, approximately 915 feet.
East Boundary
• Beginning at the intersection of Highway 101 North and Indianola Cutoff; and then
• continuing at an approximate right angle to Highway 101 North southeasterly along Indianola Cutoff approximately 1340 feet.
West Boundary
• Beginning at a point on Highway 101 North approximately 915 feet westerly of the intersection of Highway 101 North and Indianola Cutoff; and then
• extending southeasterly at an approximate right angle to Highway 101 North, and approximately parallel with Indianola Cutoff approximately 1340 feet.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(7) The Bayshore Mall Business District, defined as described below:
North Boundary
• Beginning at the intersection of Railroad Avenue and the Railroad Right-of-way; and then
• continuing East to the intersection of Del Norte and Felt Street; and then
• continuing south along Felt Street through the intersection of Felt and Hawthorne Street; and then
• extending approximately 435 feet south of the intersection of Felt and Hawthorne Street to a point adjacent to the south line of the commercial development on the east; and then
• extending east to Broadway/Highway 101, approximately parallel with Hawthorne Street, approximately 985 feet, on the boundary between the commercial development on the North and the vegetative area on the South; and then
• continuing to a point northeasterly along Broadway/Highway 101 approximately 75 feet.
South Boundary
• Beginning at the intersection of Truesdale and Howell Streets; and then
• continuing easterly along Truesdale Street to the intersection with Broadway/Highway 101.
East Boundary
• Beginning at a point on Broadway/Highway 101 approximately 405 feet south of the intersection of Hawthorne Street and Broadway/Highway 101; and then
• extending southeasterly at right angles to Broadway toward Progress Avenue approximately 95 feet; and then
• extending southwesterly, parallel to Broadway/Highway 101 approximately 120 feet; and then
• extending southeasterly at right angles to Broadway/Highway 101 to an intersection with Progress Avenue; and then
• continuing southwesterly on Progress Avenue to the south end of Progress Avenue, approximately 520 feet; and then
• extending southwesterly, approximately parallel with Broadway/Highway 101 approximately 470 feet; and then
• extending west to an intersection with Broadway/Highway 101 approximately 285 feet; and then
• continuing southwesterly along Broadway/Highway 101 approximately 520 feet to a point northwesterly of the north line of the commercial motel property located on the northeast corner of Broadway/Highway 101 and Henderson Street; and then
• extending southwesterly at right angles to Broadway/Highway 101 toward Fairfield Street, approximately 280 feet to the northeast corner of the commercial motel property located on the northeast corner of Broadway/Highway 101 and Henderson Street; and then
• extending southwesterly, approximately parallel with Broadway/Highway 101 and Fairfield Street, approximately 300 feet; and then
• extending northwesterly, at right angles to Broadway/Highway 101 approximately 280 feet to an intersection with Broadway/Highway 101; and then
• continuing southwesterly along Broadway/Highway 101 approximately 740 feet, and then
• extending southeasterly along a line approximately parallel with Broadway/Highway 101 toward Fairfield Street, approximately 265 feet to the alley; and then
• continuing southwesterly along the alley between Harris and Henderson Streets and Fairfield Street and Broadway/Highway 101 to an intersection with Harris Street; and then
• continuing west along a westerly extension of Harris Street to an intersection with Broadway/Highway 101, approximately 275 feet; and then
• continuing southwesterly along Broadway/highway 101 approximately 2,365 feet to the intersection of Broadway/Highway 101 and Truesdale Street.
West Boundary
• Beginning at the intersection of Truesdale and Howell Streets; and then
• extending north on Howell Street to the Railroad Right-of-Way; and then
• extending north along the Railroad Right-of-Way to the intersection of Del Norte Street and Railroad Avenue, approximately 5787 feet.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(8) The Henderson Center Business District, defined as described below:
North Boundary:
• Beginning on D Street, approximately 160 feet south of the intersection of Dollison and D Streets and extending easterly, parallel with Dollison Street, to the intersection of Hayes and F Streets; and then,
• continuing easterly to the intersection of Hayes and G Streets.
South Boundary:
• Beginning at the intersection of Everding and D Streets and extending easterly along Everding to the intersection of Everding and G Streets.
East Boundary:
• Beginning at the intersection of Hayes and G Streets; and then,
• extending south on G Street to the intersection of Henderson and G Streets; and then,
• continuing East on Russ Street to the intersection of Russ and I Streets; and then,
• extending South on I Street to the intersection of Wood and I Streets; and then,
• continuing East on Wood Street to the intersection of Wood and J Streets; and then,
• extending South on J Street to the intersection of Everding and J Streets.
West Boundary:
• D Street, between Hayes and Everding Streets.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(9) The Myrtle Avenue Business District A, defined as described below:
North Boundary
• Beginning at the overhead power lines located southwesterly of the easterly property line of the commercial property located between Tydd and 6th Streets; and then
• extending westerly to the easterly end of Tydd Street, approximately 810 feet; and then
• extending west to an intersection with West Avenue/Sixth Street, approximately 760 feet.
South Boundary
• Beginning at the intersection of 8th Street and Myrtle Avenue; and then
• continuing southeasterly along Myrtle Avenue approximately 755 feet to the intersection of Myrtle Avenue and Cousins Street; and then
• continuing south along Cousins Street approximately 250 feet to a point adjacent to the southwest corner of the Fire Station property; and then
• extending west at an approximate right angle to Cousins Street along the south property line of the Fire Station parcel to the southeast corner of the parcel; and then
• extending south approximately parallel with Cousins Street approximately 55 feet to the southwest corner of the commercial property located at the southwest intersection of Myrtle and West Avenues; and then
• extending east to an intersection with West Avenue approximately 120 feet; and then
• continuing north along West Avenue to the intersection with Myrtle Avenue, approximately 135 feet; and then
• continuing southeasterly along Myrtle Avenue to the intersection of Myrtle Avenue and Hill Street, approximately 320 feet.
West Boundary
• Beginning at a point on West Avenue approximately 270 feet south of the intersection of West Avenue and 6th Street; and then
• extending in a southwesterly direction to the intersection of Myrtle Avenue and 8th Street.
East Boundary
• Beginning at the intersection of Myrtle Avenue and Hill Street; and then
• continuing northeasterly on Hill Street, approximately 440 feet through the intersection of Hill and Searles Street; and then
• extending northeasterly to the overhead power lines located southwesterly of the easterly property line of the commercial parcel located north of Tydd Street and south of 6th Street.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(10) The Myrtle Avenue Business District B, defined as described below:
North Boundary
• Beginning at the intersection of Myrtle and Sunny Avenues; and then
• continuing along Myrtle Avenue approximately 440 feet to a point just south of the east bank of Second Slough; and then
• extending north along the east bank of Second Slough approximately 185 feet; and then
• extending east, approximately parallel to Myrtle Avenue, approximately 410 feet to the northeast corner on the north property line of the commercial office located on the north side of Myrtle Avenue.
South Boundary
• Beginning at a point on Sunny Avenue approximately 155 feet south of the intersection of Myrtle and Sunny Avenues; and then
• extending southeasterly approximately parallel with Myrtle Avenue through an intersection with McFarland Street that is approximately 155 feet south of Myrtle Avenue; and then
• extending southeasterly approximately parallel with Myrtle Avenue to an intersection with Dean Street that is approximately 155 feet south of the intersection of Myrtle and Dean Streets.
West Boundary
• Beginning at the intersection of Myrtle and Sunny Avenues; and then
• extending in a southwesterly direction on Sunny Avenue approximately 155 feet.
East Boundary
• Beginning at a point on Dean Street approximately 155 feet south of the intersection of Myrtle Avenue and Dean Street; and then
• continuing north on Dean Street approximately 155 feet to the intersection with Myrtle Avenue; and then
• continuing westerly on Myrtle Avenue approximately 95 feet to a point south of the easterly property line of a commercial office on the north side of Myrtle Avenue and then
• extending north along the east property line of a commercial office on the north side of Myrtle Avenue approximately 185 feet to the north property line of said office.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(11) The Waterfront Business District, defined as described below:
North and Northwest Boundary
• Beginning on the west shoreline of the Eureka Slough at the railroad bridge; and then
• extending along the west shoreline of Eureka Slough northwesterly to Humboldt Bay; and then
• extending southwesterly and south along the shoreline of Humboldt Bay to a point on the shoreline directly west of an extension of the east/west portion of Pound Road.
South and Southeasterly Boundary
• Beginning on the shoreline of Humboldt Bay directly west of the east/west portion of Pound Road and extending on a line easterly toward Pound Road to the railroad right-of-way; and then
• continuing north and northeasterly along the railroad right-of-way through the intersection with Truesdale Street and over Howell Street to the intersection of Del Norte Street and Railroad Avenue; and then
• continuing in a northeasterly direction on Railroad Avenue to the intersection with Waterfront Drive and Washington Street; and then
• continuing in a northeasterly and easterly direction on Waterfront Drive to the intersection with First and C Streets; and then
• continuing easterly on First Street to H Street; and then
• continuing in a northeasterly direction to the easterly portion of Waterfront Drive; and then
• continuing East along a line from the eastern end of Waterfront Drive, parallel to 2nd Street, to the railroad right-of-way, and then in a southeasterly direction along the railroad right-of-way to the shoreline of Humboldt Bay at the railroad bridge crossing Eureka Slough.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(12) The Broadway Business District A, defined as described below:
North and West Boundary
• Beginning at a point approximately 435 feet South of the intersection of Hawthorne and Felt Streets; and then
• Extending North through the intersection of Felt and Hawthorne Street to the intersection of Felt and Del Norte Streets; and then
• Continuing West to the intersection of Del Norte Street and Railroad Avenue; and then
• Continuing North along Railroad Avenue to the intersection with Washington Street and Waterfront Drive; and then
• Continuing in a northeasterly direction on Waterfront Drive through the intersection of Waterfront Drive and Commercial Streets to a point approximately 575 feet northeasterly of the intersection of Commercial Street and Waterfront Drive.
South Boundary
• Beginning at a point approximately 435 feet South of the intersection of Hawthorne and Felt Streets; and then
• extending East to Broadway/Highway 101 approximately parallel with Hawthorne Street, approximately 985 feet, on the boundary between the commercial development on the North and the vegetative area on the South.
East and Southeast Boundary
• Beginning at a point approximately 575 feet northeast of the intersection of Commercial Street and Waterfront Drive; and then
• Extending South to 2nd Street, parallel with Commercial Street, approximately 285 feet; and then
• Continuing westerly along 2nd Street to the intersection of 2nd Street and Broadway/Highway 101; and then
• Continuing South on Broadway/Highway 101 to the intersection of Broadway/Highway 101 and Washington Streets; and then
• Continuing East on Washington Street to the intersection of Washington and Pine Streets; and then
• Continuing South on Pine Street to the intersection of Pine and Simpson Streets; and then
• Continuing West on Simpson to the intersection of Simpson and Summer Streets; and then
• Continuing South on Summer to the intersection of Summer and 14th Streets; and then
• Continuing east on 14th Street to the intersection of Pine and 14th Streets; and then
• Continuing south on Pine to the intersection of Pine and 15th Streets; and then
• Continuing west on 15th Street to the intersection of Summer and 15th Streets; and then
• continuing south on Summer Street to the intersection of Summer and Church Streets; and then
• continuing east on Church Street to the intersection of Church and C Streets; and then
• continuing south on C Street to the intersection of Del Norte and C Streets; and then
• continuing west on Del Norte Street to the intersection of Del Norte and Spring Streets; and then
• continuing south on Spring Street to the intersection of Sonoma and Spring Streets; and then
• continuing west on Sonoma Street to the intersection of Fairfield and Sonoma Streets; and then
• continuing south on Fairfield Street to a point approximately 140 feet southwesterly of the intersection of Hawthorne and Fairfield Streets; and then
• extending east approximately 455 feet, parallel with Hawthorne Street to Broadway/Highway 101; and then
• continuing southwesterly on Broadway/Highway 101 approximately 331 feet to a point adjacent to and east of the boundary between the commercial development on the North and the vegetative area on the South.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(13) The Broadway Business District B, defined as described below:
North Boundary
• Beginning at the intersection of Truesdale and Howell Streets; and then
• continuing easterly along Truesdale Street to the intersection with Broadway/Highway 101; and then
• extending North on Broadway/Highway 101 approximately 80 feet; and then
• continuing East, parallel to Highland Avenue to Fort Street.
South Boundary
• Beginning at a point on Broadway/Highway 101 approximately 425 feet south of the intersection of Broadway/Highway 101 and Sunset and approximately 85 feet north of the north driveway entrance to the cemetery; and then
• extending West approximately 750 feet at an approximately right angle to Broadway/Highway 101 to the railroad right-of-way.
East Boundary
• Beginning on Fort Street approximately 170 feet north of the intersection of Fort Street with Highland Avenue; and then
• continuing South on Fort Street to the intersection with Highland Avenue; and then
• continuing West along Highland Avenue approximately 85 feet to a point approximately 320 feet east of the intersection of Broadway/Highway 101; and then
• extending South approximately 250 feet to the alley bounded on the north and south by Highland and McCullens Avenue and the east and west by Broadway/Highway 101 and Iowa Street; and then
• extending West along the alley toward Broadway/Highway 101 approximately 200 feet to a point located approximately 160 feet west of Broadway/Highway 101; and then
• extending South to McCullens Avenue; and then
• continuing West to Broadway/Highway 101; and then
• continuing South on Broadway/Highway 101 to a point approximately 450 feet north of the Pierson traffic signal, and approximately 660 feet south of the intersection with Hilfiker Lane; and then
• extending easterly along the north property line of the adjacent parcel to the rear property line, approximately 370 feet; and then
• extending South to an intersection with Sunset at a point approximately 400 feet east of Broadway/Highway 101; and then
• continuing West on Sunset to the intersection with Broadway/Highway 101; and then
• continuing South on Broadway/Highway 101 approximately 425 feet to a point approximately 85 feet north of the north driveway entrance to the cemetery.
West Boundary
• Beginning at a point on Broadway/Highway 101 approximately 85 feet north of the north driveway entrance to the cemetery; and then
• extending West along a line between the car lot on the north and a vegetative area on the south, approximately 750 feet to the railroad right-of-way.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(14) The Broadway Business District C, defined as described below:
North Boundary
• Beginning at a point on Broadway/Highway 101 approximately 190 feet north of the K-Mart traffic signal; and then
• extending East on a line along the boundary between the cemetery on the North and the commercial development on the South approximately 1,065 feet to a point north of the most easterly paved area on the south commercial parcel.
South Boundary
• Beginning at a point on Broadway/Highway 101 approximately 550 feet south of the K-Mart traffic signal; and then
• extending East approximately 940 feet to a point south of the most easterly paved area on the south commercial parcel.
East Boundary
• Beginning at a point approximately 190 feet north of the K-Mart traffic signal and 1,065 feet East of Broadway/Highway 101 and north of the most easterly paved area on the south commercial parcel; and then
• extending South approximately 665 feet to a point south of the most easterly paved area on the south commercial parcel.
West Boundary
• Beginning at a point on Broadway/Highway 101 approximately 190 feet north of the K-Mart traffic signal; and then
• continuing South on Broadway/Highway 101 approximately 730 feet in line with the south property line of the south commercial parcel.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(15) The Broadway Business District D, defined as described below:
North Boundary
• Beginning at a point on Broadway/Highway 101 approximately 945 feet south of the K-Mart traffic signal; and then
• extending West on a line approximately parallel with the east/west portion of Pound Road to the railroad right-of-way.
South Boundary
• Beginning at a point on the railroad right-of-way directly west of the east/west portion of Pound Road; and then
• extending on a line easterly across the east/west portion of Pound Road to Broadway/Highway 101 at a point approximately 1,990 feet south of the K-Mart traffic signal and approximately 480 feet north of the Herrick Avenue overpass.
East Boundary
• Beginning at a point on Broadway/Highway 101 approximately 945 feet south of the K-Mart traffic signal; and then
• continuing South on Broadway/Highway 101 approximately 1,045 feet to a point approximately 1,990 feet south of the K-Mart intersection on Broadway/Highway 101 and approximately 215 feet east of the easterly end of the east/west portion of Pound Road.
West Boundary
• Beginning at a point on the railroad right-of-way approximately 445 feet West of westerly end of the east/west portion of Pound Road; and then
• extending North along the railroad right-of-way approximately 1,045 feet.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(16) The Eureka Mall Business District, defined as described below:
North Boundary
• Henderson Street, between Ocean Avenue and Spring Street.
South Boundary
• Harris Street, between Ocean and Spring Street.
East Boundary
• Spring Street, between Henderson and Harris Streets.
West Boundary
• Ocean Avenue, between Henderson and Harris Streets.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(17) The Harris Street Business District, defined as described below:
North Boundary
• Beginning on Albee Street, approximately 200 feet north of the westerly intersection of Harris and Albee Streets, and extending easterly, parallel with Harris Street, to California Street.
South Boundary:
• Beginning at the intersection of Albee and Everding Streets, and extending easterly parallel with Harris Street to an intersection with California Street.
East Boundary
• Beginning on California Street, approximately 175 feet north of the westerly intersection of Harris and California Streets and extending South to the westerly intersection of Harris and California Streets, approximately 175 feet; and then,
• continuing East on Harris Street approximately 55 feet to the easterly intersection of Harris and California Streets; and then,
• extending South, approximately 250 feet, on California Street from the easterly intersection of Harris and California Streets.
West Boundary
• Beginning on Albee Street, approximately 175 feet north of the westerly intersection of Harris and Albee Streets and extending South to the westerly intersection of Harris and Albee Streets, approximately 175 feet; and then,
• continuing East on Harris Street approximately 55 feet to the easterly intersection of Harris and Albee Streets; and then,
• extending South on Albee Street approximately 250 feet to the intersection of Albee and Everding Streets.
(18) The City Hall/Courthou se Business District, defined as described below:
North Boundary
• Beginning at the intersection of Waterfront Drive and I Street; and then
• continuing east to the intersection of Waterfront Drive and M Street.
South Boundary
• Beginning at the intersection of 8th and I Streets; and then
• continuing east on 8th Street to the intersection with M Street.
East Boundary
• Beginning at the intersection of Waterfront Drive and M Street; and then
• continuing south along M Street to the intersection with 8th Street.
West Boundary
• Beginning at the intersection of 8th and I Streets; and then
• Continuing north on I Street to the intersection of Waterfront Drive.
The bordering streets and their adjacent sidewalks are considered to be within the restricted area.
(B) Exceptions. The prohibitions of subsection (A) shall not apply to any person or persons:
(1) Who is sitting or lying down on a public sidewalk due to a medical emergency.
(2) Who, as the result of a disability, utilizes a wheelchair, walker, or similar devise to move about the public sidewalk.
(3) Who is standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance, rally, demonstration, meeting or similar event conducted in accordance with this code or for which an appropriate permit has been duly issued by the city.
(4) Who is sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner pursuant to a permit.
(5) Who is sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.
Nothing in any of these exceptions shall be construed to permit any conduct which obstructs movement in public ways as prohibited in § 130.13.
(C) Penalty. Any person, after having been informed by law enforcement that the conduct violates this section and given an opportunity to stop the conduct, shall be charged with an infraction for the first violation, subject to either a fine or community service. Subsequent violations shall be charged as an infraction or misdemeanor at the discretion of the City Attorney. Each violation shall constitute a separate charge.
(D) Severability. The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this section, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances.
(E) Non-exclusivity. Nothing in this section shall limit or preclude the enforcement of other applicable laws.
(Ord. 789-C.S., passed 10-16-12)
(A) Prohibition. No person shall occupy any portion of a public street, sidewalk, curb or other public place so as to obstruct or interfere with the flow of pedestrian or vehicular traffic thereon, whether such person does so alone or together with one or more persons, or with equipment or personal property of any nature, and whether such person does so by standing, sitting, lying, or in any other manner.
(B) Penalty. Any person, after having been informed by law enforcement that the conduct violates this section and given an opportunity to stop the conduct, shall be charged with an infraction for the first violation subject to either a fine or community service. Subsequent violations shall be charged as an infraction or misdemeanor at the discretion of the City Attorney. Each violation shall constitute a separate charge.
(C) Severability. The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this section, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances.
(D) Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.
(Ord. 789-C.S., passed 10-16-12)
(A) Declaration of legislative intent - purpose. Public areas should be accessible and available to residents and the public at large for their intended uses. The unauthorized use of public areas for the storage of personal property interferes with the rights of other members of the public to use public areas for their intended purposes and can create a public health or safety hazard that adversely affects residential and commercial areas. The purpose of this section is to maintain public areas in clean, sanitary and accessible condition to prevent the misappropriation of public areas for personal use, and to promote the public health and safety by ensuring that public areas remain readily accessible for their intended uses.
(B) Definitions. The definitions contained in this section shall govern the construction, meaning and application of words phrases used in this section.
ALLEY. Any highway having a roadway not exceeding 25 feet in width which is primarily for access to the rear or side entrances of abutting property.
BIKEWAY. All facilities that provide primarily for, and promote, bicycle travel.
BULKY ITEM or BULKY ITEMS. Any item, with the exception of a rent, that is too large to fit in one of the city's 60 gallon trash containers with the lid closed, including but not limited to a mattress, couch, chair or other furniture or appliance.
HIGHWAY. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.
PARKWAY. The area of the street between the back of the curb and the sidewalk that typically is planted and landscaped.
PERSON. Any individual, group, business, business trust, company, corporation, joint venture, joint stock company, partnership, entity, association, club or organization composed of two or more individuals (or manager, lessee, agent servant, officer or employee).
PERSONAL PROPERTY. Any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, personal items such as luggage, backpacks, clothing, documents and medication, and household items.
PUBLIC AREA or PUBLIC AREAS. All property that is owned, managed or maintained by the city, including all property under the jurisdiction of the Department of Parks and Recreation, and shall include, but not be limited to any street, medial strip, space, ground, building or structure.
ROADWAY. That portion of a highway improved, designed or ordinarily used for vehicular travel.
SIDEWALK. That portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation, for pedestrian travel.
STORE, STORED OR STORING. To put aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a location.
STREET. Includes every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curbs, bikeway or other public way in this city which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
TENT. Any tarp, cover, structure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, structure or shelter.
TRAIL. A path, track or unpaved lane or road whether used for working, cycling, horseback riding or vehicle traffic.
(C) Impoundment of stored personal property; discard of stored personal property.
(1) No person shall store personal property in public areas.
(2) All stored personal property in public areas may be impounded by the city.
(3) Personal property placed in public areas shall be deemed to be stored personal property if it has not been removed from public areas within 24 hours of service of written notice, requiring such removal. Moving personal property to another location in a public area or returning personal property to the same block on a daily or regular basis shall not be considered to be removing the personal property from a public area. The city may remove and impound such stored personal property after providing 24 hours written notice. This section shall not apply to personal property that, pursuant to statute, ordinance, permit, regulation or other authorization by the city or state, is stored on property that is owned or controlled by the city.
(4) Personal property placed in public areas within ten feet of any operational and utilizable entrance, exit, driveway or loading dock may be removed and impounded at any time without prior notice. Post-removal notice shall be provided as set forth in division (D)(2) below.
(5) Personal property placed in a public area which has a clearly posted closure time may be removed and impounded after the closure time, without prior notice. Post-removal notice shall be provided as set forth in division (D)(2) below.
(6) In the event personal property placed in a public area poses an immediate threat to the health or safety of the public, it may be removed without prior notice and discarded.
(7) Bulky items placed in a public area may be removed without prior notice and discarded.
(8) Evidence of a crime or contraband may be removed from a public area without prior notice.
(D) Notice.
(1) Pre-removal notice. The written notice required by division (C)(3) shall be deemed to have been served if a written notice is served on the person storing the personal property, or is posted conspicuously on or near the personal property. The written notice shall contain the following:
(a) A general description of the personal property to be removed.
(b) The location from which the personal property will be removed.
(c) The date and time the notice was posted.
(d) A statement that the personal property has been stored in violation of division (C)(1).
(e) A statement that the personal property will be impounded if not removed from public areas within 24 hours.
(f) A statement that moving stored personal property to another location in a public area shall not be considered to be removing personal property from a public area.
(g) The location where the removed personal property will be stored, including a telephone number and the internet website of the city through which a person may receive information as to impounded personal property as well as information as to voluntary storage location(s).
(h) A statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.
(2) Post-removal notice. Upon removal of stored personal property, written notice shall be conspicuously placed in the area from which the personal property was removed. The written notice shall contain the following:
(a) A general description of the personal property removed.
(b) The date and approximate time the personal property was removed.
(c) A statement that the personal property was stored in a public area in violation of division (C)(3).
(d) The location where the removed personal property will be located, including a telephone number and internet website of the city through which a person may receive information as to impounded personal property.
(e) A statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.
(E) Failure to remove attended personal property. It shall be unlawful to fail to remove attended stored personal property within 24 hours of receiving written notice pursuant to division (C)(3).
(F) Storage and disposal.
(1) Except as specified herein, impounded personal property shall be moved to a place of storage.
(2) Except as specified herein, impounded personal property shall be stored by the city for 90 days pursuant to Eureka Police Department Policy 804, after which time, if not claimed, it may be discarded. The city shall not be required to undertake any search for, or return, any impounded personal property stored for longer than 90 days.
(3) The city shall maintain a record of the date any impounded personal property was discarded.
(G) Repossession. The owner or any other person entitled to the impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership. A person may establish proof of ownership by, among other methods, describing the location and date when the personal property was impounded from a public area, and providing a reasonably specific and detailed description of the personal property. Valid, government-issued identification is not required to claim impounded personal property.
(H) Illegal dumping, littering or unlawful disposal. Nothing herein precludes the enforcement of any law prohibiting illegal dumping, littering, or unlawful disposal, including but not limited to Cal. Penal Code § 374.3, and Eureka Municipal Code § 51.41, or any successor statutes proscribing illegal dumping, littering, or unlawful disposal.
(I) Penalties. Any person who violates any provision of this section shall be subject to the provisions of § 10.99 and may be charged with an infraction or misdemeanor at the discretion of the City Attorney.
(Ord. 844-C.S., passed 8-2-16)
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