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HomeMy WebLinkAboutOrdinance #443 ORDINANCE NCO 3 AN ORDINANCE PROVIDING FOR POSTING PROPERTY USED FOR CERTAIN PURPOSES, PROHIBITING TRES- PASSING UPON, AND LOITERING IN THE Ih+ AEDIATE VICINITY OF 'SUCH POSTED PROPERTY, AND PROVID- ING PENALTY FOR VIOLATION THEREOF. The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That the following terms used in this Ordinance, unless the context clearly indicates otherwise, shall have the respective meanings herein set forth, namely: (a) The term . "Sign" means a sign affixed not less than three (3) feet, nor more than six (6) feet, above the ground level at the place of posting' as specified T in this Ordinance, which sign shall consist of wood, metal, or other substantial material, with a face of not less than one (1) square foot in area and upon which in letters not less than 2 inches in height , either black against a 7 white background or white against a black background, or 7 contrasting colors, in addition to such other information as may be placed thereon, appear the following: "TRESPASS- ING - LOITERING - FORBIDDEN BY LAW; " (b) The term "Posted Property" means any property specified in Section 2 of this Ordinance which is posted in a manner provided in Section 3 of this Ordinance; i (c) The term "Posted Boundary" means a line running from sign to sign and such line need not conform to the legal boundary or legal description of any lot, ,y parcel or acreage of land, but only the area within the "posted boundary" shall constitute "posted property" , except as otherwise provided in Section 3, subsection ( e) , hereof. Section 2: Any- property may be posted against tres- passing and loitering in the mariner provided in Section 3 hereof and thereby become "posted property" subject to the provisions of this Ordinance applicable to posted property, if such property consist of, or be used, or be designed to be used, for anyone or more of the following: (a) An oil well, oil field, tank farm, refinery, , compressor plant, absorbtion plant , bulk plant , marine terminal, pipe line, pipe line Dumping station, or reservoir, 0 used for the production, extraction, treatment , handling, storage, or transportation, of oil, gas, gasoline , petro- leum,- or any product or products thereof; (b) A gas plant , gas storage station, gas meter or regulator station, gas odorant station, gas pipe line, or appurtenances, or any other property used in the trans- mission or distribution of gas; ( c) A reservoir, dam, generating plant , receiving station, distributing station, transformer, transmission { line, or any appurtenances, used for the storage of water l for the generation of electricity -by water or steam or by s -2- �y3 r-- any other apparatus or method suitable for the generation of electricity or for the handling, transmission, reception, or distribution of electric energy; (d) A water well , dam, reservoir, pumping plant, aqueduct, canal, tunnel, siphon, conduit , or any other structure, facility, or conductor, for producing, storing, diverting, conserving, treating, or conveying, water; ( e) The production, storage, .or manufacture of munitions, dynamite, black blasting powder, gun powder, or other explosives; ( f) A railroad right-of-way, railroad bridge, railroad tunnel, railroad shop, railroad yard, or other railroad facility. 7 -3- t v- 1 ( Section 3: Any -property described in Section 2 of this Ordinance may be posted against trespassing and loiter- ing in the following manner: (a) Any such property, if it be not enclosed within a fence and if it be of an area not exceeding one (1) acre and if it have no lineal dimension exceeding one (1) mile, by posting signs at each corner of the area so posted and at each entrance thereto; (b) Any such property, if it be not enclosed within a fence and if it be of an area exceeding one (1) acre or if it contain any lineal dimension exceeding one (1) mile, by posting signs along or near the exterior boundaries of the area so posted at intervals of not more than 600 feet and also at each corner thereof, and, if such property have definite entrance or entrances thereto, at each such en- trance; c (c) Any such property, if it be enclosed within a fence and if it be of an area not exceeding one (1) acre and if it have no lineal dimension exceeding one (1) mile, by posting signs at each corner of such fence and at each entrance thereto; (d) Any such property, if it be enclosed within a fence and if it be of an area exceeding one (1) acre or if it have any lineal dimension exceeding one (1) mile, by posting signs on, or along the line of, such fence at intervals of not more than 600 feet and also at each corner thereof and at each entrance thereto; i -4_ - I 4/Wo - ( e) Any such property, if it consistof poles or towers or appurtenant structures for the suspension of wires or other conductors for conveying electricity or telegraphic' or telephonic messages, by affixing a sign upon one or more sides of such poles or towers, but such posting shall render only the pole or tower or appurtenant structure "posted property". Section 4: Every person is guilty of a misdemeanor who enters or remains upon any "posted property" without the written permission of the owner, tenant or occupant in legal possession or control thereof. Every person who r so enters, or remains upon such "posted property" without such written permission is guilty of a separate offense for each day during any portion of which he enters or re- r mains upon such "posted property". Section 5: Every person is guilty of a misdemeanor who without authority tears down, defaces or destroys any sign posted under the provisions of this ordinance. Section 6: Every person is guilty of a misdemeanor -who loiters in the immediate vicinity of any "posted property". Section 7: Nothing in this Ordinance shall be deemed to prohibit any activity for the purpose of engaging in any organizational effort on behalf of any labor union, agent or members thereof, and/or employee groups employed II or formerly employed in any place of business or manufac- -5- 1 turing establishment mentioned herein, or for carrying 1 on the normal activities of labor unions. Section S: This Ordinance does not apply to any entry, in the course of duty, of any peace or police officer or other duly authorized public officer, nor does it apply to the lawful use of an established and existing right of way for public road purposes. Section 9: Violation of any of the provisions .of this Ordinance is punishable by a fine not exceeding Five Hundred Dollard ($500.00) , or by imprisonment in the r county ,fail not exceeding six (6) months, or by both such fine and imprisonment. Section 10: If any provision of this Ordinance, or the application thereof to any person or circumstance, is held to be invalid, the remainder of the Ordinance, and the application of such provision to other persons or circumstances, shall not be affected thereby. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconAtutional or invalid, such decision Eh all not affect the validity or constitutionality of the remaining portions of this ordinance. The City. Council of the City of Huntington Beach, California, hereby declares `P that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespec- tive of the fact that one or more of the sections , sub- -6- l sections, sentences, clauses or phrases thereof be de- clared unconstitutional or invalid. Section 11: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper printed, published and circu- lated in the City of Huntington Beach, and thirty (30), days after its passage and adoption this Ordinance shall be in force and effect. PASSED AND ADOPTED by the City CounP4-LaA) the City of Huntington Beach, California, at a meeting thereof held on the day of 1040. T ATTEST: City Clerk. -7- �I STATE OF CALIFORNIA, ) County of Orange, ) SS: City of Huntington Beach. ) I, Co' R. FURR, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City of Huntington Beach, do hereby ,certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing Ordinance l.; was first read to said City Council at a regularly adjourned meeting thereof held on the ttzb day of Novem- ber, 0, as again read to said City Council at a and w meeting thereof held on the day of 1940, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City b Council as follows: &�aAYES: Councilmen: ClA Jl-ur�.o� NOES: Councilmen: ABSENT: Councilmen: City Cler and ex-officio Clerk of the City Council of the City of Huntington Beach, California.