ORDINANCE NO. 24-1075
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING PROVISIONS OF THE TEMPLE CITY MUNICIPAL CODE TO COMPLY WITH STATE LAW, IMPROVE CITY ENFORCEMENT OF MUNICIPAL CODE VIOLATIONS, AND DUE PROCESS, AND TO ENHANCE PUBLIC SAFETY, HEALTH, AND WELFARE
WHEREAS, City of Temple City (“City”) is authorized by the California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws and that serve and protect the health, safety or welfare of the public; and
WHEREAS, the City finds and declares that the current provisions of the Temple City Municipal Code (“TCMC”) do not adequately provide the enforcement tools to enable the City to address the current quality-of-life problems facing the community, requiring amendments to the TCMC to protect public peace, health, and safety; and
WHEREAS, changes in state and federal statutes and case law require updates to the TCMC in order to comply with changes in the law; and
WHEREAS, the preservation of City community safety, health, welfare, aesthetics and character requires amendments to the TCMC to regulate and provide for enforcement of behaviors and conditions that negatively impact community health, safety, and welfare, as well as public space; and
WHEREAS, Government Code Section 38771 authorizes the City to declare what constitutes a public nuisance; and
WHEREAS, Government Code Section 38772 authorizes the City to provide for the abatement of graffiti in the City, as well as penalties for such nuisance and a method to recover costs of graffiti abatement; and
WHEREAS, the City lacks adequate enforcement tools in the TCMC to protect public and private property from acts of vandalism and defacement and acts of vandalism and damage to public property harms the community by harming property owners and attracting nuisances; and
WHEREAS, aggressive panhandling in the City scares citizens and makes people less likely to patronize the City’s shopping districts; and
WHEREAS, the public streets and areas within the City should be readily accessible and available to residents and the public at large and the use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended; and
WHEREAS, recent court decisions have impacted the City’s ability to prosecute unlawful camping and storage of personal property in public places and requires the City to revises the TCMC; and
WHEREAS, the City is experiencing problems with quality of life issues including loitering, possession of open alcoholic containers, theft of catalytic converters, public urination and defecation, and trespassing; and
WHEREAS, the proposed Ordinance is based on best practices and lessons learned from other jurisdictions, including the cities of Duarte and San Gabriel; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS FOLLOWS:
SECTION 1:
AMENDMENT. Chapter 4-2G (Graffiti) of the TCMC is amended as follows, with additions in underline and deletions in strikethrough. All other contents of this chapter will remain unchanged.
4-2G-5: VIOLATION; PENALTY:
Willful violation of this article is declared unlawful and shall constitute a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500.00), or imprisonment not to exceed six (6) months, or both. Every day of such violation shall constitute a separate offense. Upon entry of a second or subsequent civil, administrative, or criminal judgment within a two-year period finding an owner of property, minor, or other person is responsible for a violation of this chapter, the city shall be entitled to treble damages pursuant to Government Code section 38773.7.
The city council may, in its sole discretion, by resolution, establish a reward for information leading up to the identification, apprehension and conviction of any person who violates this chapter. Said resolution may require that the offender reimburse the city for any reward paid, and place responsibility for reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted.
4-2G-6: PARENTAL LIABILITY:
Pursuant to California Civil Code section 1714.1(b) and Government Code section 38772, each parent or legal guardian having custody and control of a minor who places graffiti on any public or privately owned structure, building, or property, including natural and manmade objects within the city, shall be jointly and severally liable with such minor for any and all costs incurred in connection with the removal of any graffiti caused by the minor, including all abatement costs, attorneys' fees, court costs, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the minor. The liability of each parent or guardian shall not exceed the amount set by the California Judicial Council in accordance with California Civil Code Section 1714.1(c). Such liability shall be a personal obligation of each parent or guardian and shall constitute a lien or special assessment on property owned by each parent or guardian pursuant to Section 4-2C-19 of this Code. The city is authorized to initiate legal action to enforce this section, or to recover these costs by any other means provided by law. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the city from seeking full cost recovery as provided herein.
4-2G-7: LIABILITY OF NONMINORS:
Pursuant to Government Code section 38772, any person who places graffiti on any public or privately owned structure, building, or property, including natural and manmade objects within the city, shall be personally liable for any and all costs incurred in connection with the removal of any graffiti caused by that person, including all abatement costs, attorneys' fees, court costs, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the person. Such liability shall be a personal obligation and shall constitute a lien or special assessment on property owned by such person pursuant to Section 4-2C-19 of this Code. The city is authorized to initiate a legal action to enforce this section, or to recover these costs by any other means provided by law.
SECTION 2:
ADDITION. Section 4-2H (Vandalism and Damage to Public Property) is added to the TCMC to read as follows. The existing Section 4-2H (Aerosol Spray Paint and Marking Pen Regulations) and subsequent sections are renumbered as follows: 4-2I (Aerosol Spray Paint and Marking Pen Regulations); 4-2J (Vacant and Abandoned Property); 4-2K (Pool Maintenance For The Reduction of Mosquito Breeding); 4-2L (Vacant Property Landscaping and Maintenance).
4-2H-1 VANDALISM
(a) Property-defacing or injuring private buildings or fixtures. It is unlawful for any person to deface, mar, break, or in any way destroy or injure any portion of any private real or personal property within the city not his or her own.
(b) Property-defacing or injuring public buildings or fixtures. It is unlawful for any person to deface, mar, break or in any way destroy, or injure any portion of any public building, or the fixtures or contents thereof, which building is owned by the city.
(c) Penalties for violation. Any and all violations of this section shall be punishable either as an infraction or a misdemeanor, at the discretion of the City Attorney.
4-2H-2 DAMAGE TO PUBLIC PROPERTY
(a)
Any person, or the agent of any person, who negligently, carelessly, accidently, or in any manner causes any damage to any property of the city shall report such damage within 24 hours to the City Manager.
(b)
Such report shall set forth the date, time, and place where the damage was sustained and the names of any persons who witnessed the damage, together with the nature and extent of such damage.
(c)
Any person who fails or neglects to make such report within the time set forth shall be guilty of a misdemeanor.
SECTION 3:
AMENDMENT. Section 3-4A-14 (Reserved) of the TCMC is amended as follows, with additions in underline and deletions in strikethrough. All other contents of this section will remain unchanged.
3-4A-14: RESERVED AGGRESSIVE PANHANDLING:
(a)
It shall be unlawful for any person to engage in any aggressive panhandling on any public property, including any city park, city building, and public street, highway, sidewalk, or public right-of-way.
(b)
This section does not apply to charitable or religious solicitations that is not aggressive, as defined in this section and covered by Chapter 4-6.
(c)
This section does not apply to protected speech activities or other activity protected by law.
(d)
"Aggressive panhandling" means any of the following:
Approaching or speaking to a person, or following a person before, during or after soliciting, if that conduct is likely to cause a reasonable person to:
(A) Fear bodily harm to oneself or to another, damage to or loss of property, or
(B) Otherwise be intimidated into giving money, goods, or other things of value;
Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging;
Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting, asking or begging;
Using violent or threatening gestures toward a person before, during or after soliciting; or
Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the panhandler.
(e) Definitions. "Panhandling" means to ask for or solicit money, property, or other favor, regardless of value.
(f)
Each and every violation of this Section, shall constitute a separate violation, a public nuisance, and shall be subject to all remedies and enforcement measures authorized by this Code.
SECTION 4:
AMENDMENT. Chapter 4-7 (Loitering) of the TCMC is amended as follows, with additions in underline and deletions in strikethrough. All other contents of this section will remain unchanged.
4-7-1: Loitering:
A person shall not loiter or stand in or upon any public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel.
Obstructions by crowds; dispersal. Whenever the free passage of any public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel shall be obstructed by a crowd, the persons composing such crowd shall disperse or move on when directed to do so by any law enforcement officer or city official.
Loitering and obstruction of public property. No person shall loiter or stand in, sit upon or lie or sleep in or upon any public highway, alley, sidewalk, crosswalk or any other public way, or otherwise occupy any portion thereof in such a manner as to unreasonably annoy or molest any pedestrian thereon, or as to obstruct or unreasonably interfere with the free passage of pedestrians or motor vehicles, or unreasonably interfere with the use in the customary manner of such public highway, alley, sidewalk, crosswalk or other public way open to the public.
Loitering and obstruction of private property. No person or persons shall stand, sit, linger, idle, or loiter on any public property, or in or about the entrance or exit of any business establishment, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons through such public property, or obstruct or hinder persons entering and exiting from any business establishment, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place. No person in violation of this prohibition shall refuse or fail to disperse or move on when directed to do so by a police officer or other city employee.
Improper Use of City Facilities. No person shall walk, stand, sit, or lie upon any monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, fire hydrant, street-tree planter, utility cabinet, railing, fence, planter, or upon any other public property not designed or customarily used for such purposes.
The provisions of this section do not prohibit a person from sitting upon a public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel if:
(a). Necessitated by the physical disability of such person.
(b). Viewing a legally conducted parade; or
(c). On a bench lawfully installed for such purpose
Violation; penalty. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. A violation of any of the provisions of failing to comply with any of the mandatory requirements of this section shall constitute a misdemeanor; except that notwithstanding any other provision of this chapter, any such violation constituting a misdemeanor under this section may, at the discretion of the City Attorney or the citing officer on the scene, be charged and prosecuted as an infraction.
SECTION 5:
AMENDMENT. Chapter 4-10 (Camping and Storage of Personal Property) of the TCMC is amended as follows, with additions in underline and deletions in strikethrough. All other contents of this section will remain unchanged.
Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern construction, meaning and application of words and phrases used in this chapter.
ABANDONED PERSONAL PROPERTY: Any personal property that the owner surrenders, relinquishes, or disclaims, or, to a reasonable person, appears to be personal property that the owner surrenders, relinquishes, or disclaims.
CAMP: To pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
CAMP FACILITIES: Include, but are not limited to, tents, huts or temporary shelters.
CAMP PARAPHERNALIA: Includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or noncity designated cooking facilities and similar equipment.
PARK: The same as defined in section 3-5A-0 of this code.
PERSONAL PROPERTY: Tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property that can be seen, weighed, measured, felt, or touched, such as tents, tarpaulins, bedding, sleeping bags, carts, hammocks, household items, luggage, backpacks, cooking utensils, money, legal or prescribed medication, documents, clothing, and books. Personal property encompasses both camp facilities and camp paraphernalia.
PUBLIC AREA: Includes all property that is owned, managed or maintained by the city and shall include, but is not limited to, any street, alley, park, public right-of-way, recreational area, any place open to the public view or other place to which the public has access.
PUBLIC PROPERTY: Any building, parking structure, parking lot, utility lot, right-of-way, park, or space, owned or maintained by the city, the County of Los Angeles, the State of California, the United States government or other public entity.
RIGHT-OF-WAY: The surface and space in, on, above, through and below any real property in which the city has a legal or equitable interest, whether held in fee or any other estate or interest, or as a trustee for the public, including, but not limited to, any street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, curb, parkway, river, tunnel, viaduct, bridge, public easement, or dedicated easement.
STORE: To put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
STREET: The same as defined in Section 3-4A-0 of this code.
UNATTENDED: No person is present with the personal property who asserts or claims ownership over the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.
UNCLAIMED PERSONAL PROPERTY: Any personal property that is within the custody of the city and that has not been claimed within a period of ninety days by its owner or finder.
(a)
It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia, in the following areas, except as otherwise provided:
1. Any park;
2. Any street;
3. Any public parking lot or public area, improved or unimproved.
(b)
Personal use of private residential property for camping may only be by the property owner or by others with the owner's written consent and without any form of compensation.
Such use shall not exceed seven consecutive days in duration, except during the period between Memorial Day and Labor Day when such use shall not exceed 14 consecutive days in duration.
Camping may not occur more than four times per calendar year.
A minimum of 14 days is required between each camping period.
(c)
The prohibition set forth in this section does not apply to:
Camping on public or private property pursuant to a permit issued by the city; and
Day use for lawful activities on public property pursuant to a permit issued by the city.
(d)
In addition to any other applicable requirements of the Temple City Municipal Code, camping pursuant to this section shall comply with all of the following operational requirements pertaining to camping:
Portable restrooms with toilet facilities must be provided and accessible to campers on the private property and must comply with the California Plumbing Code. Restrooms at city-owned parks do not qualify for use by campers on private property.
Trash receptacles sufficient for the number of campers must be provided.
The private property where camping occurs must be kept in a clean and sanitary manner.
Trash and debris must be removed when camping ceases and must be disposed of in trash receptacles.
Any outdoor storage of camping paraphernalia shall not be permitted when not in use by campers.
Within the jurisdiction of the city, no permanent structures shall be permitted in the floodplain, including, but not limited to, fencing.
Any use or placement of electrical cords shall be above the floodplain and/or not exposed, if applicable, and no dangerous condition should be present.
All parking shall be on paved surfaces only.
(e)
Notwithstanding any other provision of this chapter, camping shall not be permitted where such use violates any provision of this Code or state law.
(f) Enforcement. Law enforcement officers shall not enforce this camping section when the individual is on public property and there is no available overnight shelter.
The term "available overnight shelter" is a public or private shelter, with an available overnight space, for an individual experiencing homelessness, at no charge.
City staff or their designee shall initiate contact with the shelters to determine whether the shelters have available space and, if so, the number of available sleeping spaces. Prior to issuing any citation, city staff or their designee shall also confirm that a shelter has available space that can be utilized by that particular individual. No city staff or law enforcement officer shall issue a citation to a homeless person sleeping, lying, sitting, or camping outdoors unless the city staff or law enforcement officer first confirms the shelter has available space that can be utilized by the individual.
(g) Penalty. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. A violation of any of the provisions of failing to comply with any of the mandatory requirements of this section shall constitute a misdemeanor; except that notwithstanding any other provision of this chapter, any such violation constituting a misdemeanor under this section may, at the discretion of the City Attorney or the citing officer on the scene, be charged and prosecuted as an infraction.
It shall be unlawful for any person to store, dump, place, or deposit personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:
A. Any park, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public;
B. Any street;
C. Any public parking lot or public area, improved or unimproved, including sidewalks, alleys, and bus stops.
D. Personal property stored in violation of this section is subject to impoundment and disposal as provided in this chapter.
4-10-4: NOTICE, IMPOUND, RECLAMATION, AND DISPOSAL PROCESS:
(a)
Any personal property identified by any law enforcement officer, code enforcement officer, or the city manager or designee, that is unattended or stored in violation of this chapter may be seized, impounded, and stored in accordance with the following procedure:
(b)
Pre-removal notice: Pre-removal notice will be deemed as provided if a written notice is provided to the person who is storing or claims ownership of the personal property, or is posted conspicuously on or near the personal property. The 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 is being stored in violation of this code;
(E) A statement that the personal property will be removed and impounded if not removed within twenty-four or forty-eight hours;
(F) A statement that moving the personal property to another location in the public area will not constitute a removal of the personal property;
(G) The contact information for any city official or designee to answer questions regarding the stored personal property, including claiming such property; and
(H) A statement warning the owner that the personal property may be discarded if not claimed within ninety days of removal.
(c)
Twenty-four/forty-eight hour pre-removal notice: Any personal property stored in any right-of-way will be subject to removal twenty-four hours after the pre-removal notice is posted. Any personal property stored in any prohibited area not in a right-of-way will be subject to removal forty-eight hours after the pre-removal notice is posted.
(d)
Post-removal notice: Upon removal of personal property stored in violation of this chapter, written notice of the removal and impoundment of the personal property shall be conspicuously posted in the area where the personal property was removed or provided to the owner of the personal property. 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 violation of this code;
(D) The location where the removed personal property can be retrieved, including the address, telephone number, and an internet website address, if available, from which the owner may obtain information as to the removal and reclamation of the personal property; and
(E) A statement that the personal property may be discarded if not reclaimed within ninety days of the removal and impoundment.
(e)
The owner of personal property that has been removed and impounded will be permitted to retrieve the impounded personal property.
(a) The owner of impounded personal property is permitted to reclaim their personal property by contacting the city through one of the contact methods provided in the pre-removal and post-removal notices to make arrangements for the retrieval of their property.
(b) The owner of the personal property may repossess the personal property upon submitting satisfactory proof of ownership during the ninety day holding period. A person may establish ownership by, among other methods, describing the location where the personal property was found and providing a specific and detailed description of the personal property, and providing valid proof of identity if that is required to determine ownership. If ownership cannot be determined to the satisfaction of the city manager or designee, they may refuse to return the personal property until ordered to do so by a court of competent jurisdiction; however, the city shall continue to hold the personal property until such a determination is made.
(c) Reasonable accommodations will be made if the owner of impounded personal property is unable to reclaim their personal property within the ninety day period provided in this chapter.
(f)
The city may impound personal property seized in any manner designed for safe keeping of such personal property.
(g)
After the passage of ninety or more days, the property may be appropriated to the city for the city's use upon order of the city manager or designee, or the city may dispose of unclaimed personal property. The city shall not be required to undertake any search for, or return, any impounded personal property stored for longer than ninety days. The city shall maintain records of the dates impounded personal property was removed and discarded.
4-10-5: EVIDENCE OF CRIMES, CONTRABAND, AND HAZARDOUS WASTE:
(a)
Section 4-10-4 does not apply to any personal property that constitutes evidence in a crime, such as weapons, ammunition, controlled substances, stolen property, or any other property which constitutes evidence of a crime, and such property may be seized without notice. The nature of the property and its location will be documented, and possession of such property may be transferred to local law enforcement for processing and investigation.
(b)
Section 4-10-4 does not apply to any unattended personal property which presents an immediate threat to public health or safety, is contraband, is hazardous waste, or which clearly constitutes waste, refuse or trash, and may be disposed of without notice.
(c)
Section 4-10-4 does not apply to any unattended personal property that is reasonably believed to be intentionally abandoned or discarded, or reasonably believed to be trash, refuse, waste, litter, junk, debris, detritus or rubbish, and such property may be disposed of without notice.
(d)
Section 4-10-4 does not apply to any medical waste, including, but not limited to, syringes, medical waste, medical cutting instruments, or any items whose cleanliness or condition of sanitation pose a threat to the health and safety of individuals in contact with such material.
4-10-6: COSTS OF SEIZURE AND DISPOSAL:
The city may require the owner of impounded personal property to pay the reasonable costs of storage of such personal property seized pursuant to this chapter. The owner of impounded personal property may submit a request for a waiver of such costs due to a financial hardship. Payment of any reasonable costs pursuant to this chapter is not a prerequisite for the return of impounded personal property.
SECTION 6:
ADDITION. Section 4-6B-18 (Open Container) is added to the TCMC to read as follows.
Section 4-6B-18: Open Container
(a)
No person who has in his or her possession any bottle, can or other receptable containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain in any public area, including, but not limited to, any roadway, sidewalk, parking lot, or on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to State law, or on any area immediately adjacent to the licensed and posted premises, or on the premises of, or immediately adjacent to, any business not licensed to sell or consume alcoholic beverages.
(b)
As used in this section, “posted premises" means those premises which are subject to licensure under any retail package off-sale beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and the parking lot and to persons on the public sidewalk, that the provisions of this section are applicable. This section does not apply to possession of an alcoholic beverage on-site of a properly licensed facility in compliance with State law.
SECTION 7:
ADDITION. Section 4-1A-15 (Possession of Catalytic Converters) is added to the TCMC to read as follows.
4-1A-15: Possession of Catalytic Converters
(a)
It is unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify they are in lawful possession of the catalytic converter.
(b)
For purposes of this section, "lawful possession" includes being the lawful owner of the catalytic converter, the vehicle from which it came, or in possession of the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a "lawful possession."
(c)
For purposes of this section, "documentation or other proof" means written document(s) that clearly identify the vehicle from which the catalytic converter originated and includes but is not limited to the following document types: bill of sale from the original owner identifying the catalytic converter, documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop, verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter, vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number. The validity of documentation or other proof is based on the totality of the circumstances.
(d)
Each and every violation of this chapter, including each catalytic converter that is unlawfully possessed, shall constitute a separate violation, a public nuisance, and shall be subject to all remedies and enforcement measures authorized by this code.
SECTION 8: ADDITION. Chapter 4-2C (Public Nuisances) of the TCMC is amended as follows, with additions in underline and deletions in strikethrough. All other contents of this section will remain unchanged.
4-2C-1: DEFINITIONS:
NUDE AND NUDITY: 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: Any property owned or controlled by the city, including, but not limited to, any building, street, sidewalk, right-of-way, bike path, alley, parking lot, plaza, park, playground, pool, body of water, open space or other place open to the public owned or maintained by the city, the County of Los Angeles, the State of California, the United States government, or other public entity.
4-2C-2: PROHIBITED PUBLIC NUISANCE CONDITIONS:
Nudity upon public property or upon any portion of private property that is visible from public property.
This section shall not apply to children under the age of ten (10) years; the exposure of a breast while breastfeeding a nursing child; nudity within a fully enclosed structure intended to allow brief nudity, such as a bathroom, locker room, dressing room, or changing room; as otherwise permitted by applicable law.
SECTION 9:
ADDITION. Section 4-1A-18 (Urination and Defecation) is added to the TCMC to read as follows.
4-1A-18 Urination and Defecation
It is unlawful for any person to urinate or defecate in a public place or publicly owned property other than a restroom, or in a place open to public view, or upon the private property of another without the consent of the owner or person in lawful possession.
Any violation of this chapter is a public nuisance that may be abated by any means provided in this Code, including administrative citations, civil action and injunctive relief, and is also punishable as provided in Chapter 1-2 of this Code.
SECTION 10:
ADDITION. Section 4-1A-19 (Trespassing) is added to the TCMC to read as follows.
4-1A-19 Trespassing
(a)
No person shall remain upon any private property or business premises, after being notified by the owner, owner's agent, lessee, or by a peace officer acting at the request of any of the above to remove themselves and their possessions therefrom. For purposes of this section a lessee includes a tenant in lawful possession of real property and a licensee.
(a) No person who, having been requested to leave private property in the manner set forth above shall reenter the premises within 12 hours thereof without obtaining express permission from the party who requested him to leave, or the lawful agent thereof.
(b)
No person, without permission from the owner, owner's agent, or lessee, shall enter upon the private property or business premises after having been notified by the owner, owner's agent, or lessee to keep off or keep away therefrom.
(c)
No person shall enter or remain upon posted private property without the permission of the owner, owner's agent, or lessee of such posted property or premises.
(d)
No person shall enter or remain upon any city property, building, yard, parking lot, or other city owned or operated facility except during business hours, or upon request or invitation of any city employee or agent acting within the capacity of a city employee or agent, or after being informed by any city employee or a peace officer acting on behalf of the city to remove themselves and their possessions therefrom.
(e)
Exceptions. This section shall not apply in any of the following instances:
(a) Where its application results in a violation of law or where preempted by law;
(b) Where its application would result in an interference with or inhibition of lawful peaceful labor picketing or other lawful labor activities;
(c) Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions, not involving dangerous or hazardous personal conduct;
(d) Where the person who is in or upon another's private property or business premises is there under a legal right, including but not limited to landlord-tenant disputes, marital disputes, child custody disputes or visitation disputes; or
(e) Public camping, which is separately regulated by this code and State law.
(f)
As used in this section, "posted property" means any property at each corner of which, at each entrance to which, a sign is posted three feet above grade and said sign is composed of wood, metal or other equally substantial material, the face of which is not less than one square foot in area, and upon which, in legible letters not less than one inch in height, appear the words "PRIVATE PROPERTY - NO TRESPASS." In addition, the sign may contain such other words as may be desired, indicating that trespassers are subject to prosecution. Where the area of such property exceeds one acre, the notice shall also be posted at multiple locations which are at intervals of not more than three hundred feet along or near the boundaries thereof.
(g)
The owner or responsible party of real property located within the city may request continuing enforcement of this section in their absence. Such request shall be made in writing to the Los Angeles County Sheriff's Office pursuant to that office's procedures.
(h)
Each and every violation of this section, shall constitute a separate violation, a public nuisance, and shall be subject to all remedies and enforcement measures authorized by this code.
SECTION 11:
ADDITION. Section 4-1A-20 (Fighting) is added to the TCMC to read as follows.
4-1A-20 Fighting
It is unlawful for any person to engage in any physical fight, disorderly conduct, or altercation with any other person on any public property or upon the premises of another within the city, while in immediate physical possession or any concealed firearm, knife, dirk, bludgeon, or other weapon.
Each and every violation of this section, shall constitute a separate violation, a public nuisance, and shall be subject to all remedies and enforcement measures authorized by this code.
SECTION 12:
Severability. The City Council declares that, should any provision, section; paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.
SECTION 13: CEQA. The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”) because the Ordinance is an activity that is excluded from the definition of a project by section 21065 of the Public Resources Code and Section 15378(b) of the State CEQA Guidelines. The City Council also finds that the Ordinance is exempt from CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3) because the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment. The proposed Ordinance amendments and additions to the Municipal Code are organizational or administrative activities of government which will not result in direct or indirect physical changes to the environment.
SECTION 14: Certification and Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law.
PASSED, APPROVED, AND ADOPTED this __ day of February, 2024.
________________________
William Man, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk Greg Murphy, City Attorney
Ordinance No. 24-1075 was introduced for first reading at the City Council Regular Meeting of February 6, 2024, and adopted at the City Council Regular Meeting of February, 2024, by the following vote:
AYES: Councilmember-
NOES: Councilmember-
ABSENT: Councilmember-
ABSTAIN: Councilmember-