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62 ORDINANCE NO. 62 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REGULATING CONDUCT ON PUBLIC PROPERTY. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. For the purpose of this Ordinance, "Public Property" shall mean any publicly owned property within the City, except the traveled portion of public streets. and shall include any park, sidewalk, curb, or any part of any public right-of-way devoted to planting. Section 2. It shall be unlawful for any person to perform or participate in any of the following acts: A. Acts involving buildings and other property: (1) To wilfully mark, deface, disfigure, injure, tamper with, displace, or remove any railing, bench, or any facilities or property and equipment of any public utility, or parts or appurtenances thereof, signs, notices, or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, wall or rock border, or other structures or equipment, facilities, or public property or appurtenances whatever, either real or personal ; (2) Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, any tent, fly, or windbreaker, or run or string any rope, cord, or wire into, upon, or across any public property, except on special permit issued pursuant to a City ordinance, resolution, or regulation; (3) To urinate or defecate, except in a public restrooms. To fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition; (4) Acts involving trees, shrubbery, and plants: a. Without a City permit, to damage, cut, carve, burn, transplant, or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. Nor shall any person attach any pole, wire, or other contrivance to any tree or plant. No person shall dig in or otherwise disturb or in any way injure or impair the natural beauty or usefulness of any park area; (5) Climb any tree or walk, stand, or sit upon monuments, vases, fountains, railings, fences, planted areas, or upon any other property not designed or customarily used for such purposes, or to sit on any sidewalks or steps or to lie or sit on any lawns which are posted with a sign prohibiting this use on the lawn area. B. Litter Regulations: (1) It shall be unlawful for any person to dump or deposit upon any highway, freeway, alley, street, off-street parking lot, whether it be public or privately owned, park playground, or any public place in the City, any glass, bottle, nails, tacks, hoops, wire, cans, or any other substance likely to injure any person. (2) It shall be unlawful for any person to place, deposit, or dump any garbage, swill , cans, bottles, papers, ashes, refuse, the carcass of any dead animal , trash or rubbish, or any noisome, nauseous, or offensive matter in or upon any highway, freeway, alley, street, off-street parking lot, park, playground, or any public place in the City. Section 3. It shall be unlawful for a person to sleep on any public sidewalks, curbs, planters, walls; or to engage in any loud, boisterous, threatening, abusive, insulting or indecent language; or to block pedestrian traffic on the sidewalk or other public walks, ways or footpaths devoted to pedestrian use; or to engage in any disorderly conduct or behavier. Section 4. It shall be unlawful to expose or offer for sale any article or thing, or to station or place any stand, cart, or vehicle for the transportation, sale, or display of any such article or thing without first obtaining a license therefor. Section 5. While in a public park, it shall be unlawful for any person to maintain or operate any amplified sound equipment, subject to the following exceptions: A. Upon the issuance of a permit by the Community Services Director; or B. Upon the authority of the City Council by the adoption of either a resolution or by agreement. Section 6. While in a public park, it shall be unlawful to announce, advertise, or call the public attention in any way to any article or service for sale or hire. Section 7. It shall be unlawful -for any person within the City to utter or use within the hearing of one or more persons any profane or vulgar language, words, epithets, or expressions having a tendency to incite or create a breach of the peace. Section 8. As a general rule, parks shall be open to the public every day of the year between the hours of 6:00 a.m. and 10:00 p.m. However, the Community Services Director may, in his reasonable discretion, extend or limit such hours for any park or portion of any park. No person shall enter, be, or remain in any park during the time when such park is closed unless he has obtained a permit therefor from the Community Services Director. Park closing hours shall be posted at park entrances. Section 9. Emergency Closure - The City Manager, the Chief of Police, or the Community Services Director, or their designated representative, may cause the closure of any playlot, playground, or park during normal public-use hours if the City Manager, the Chief of Police, or the Community Services Director determines that such closure will protect the public health, safety, and/or welfare, or as necessary to protect parks facilities and other public related lands from misuse or destruction. In the event of closure by the City Manager, the Chief of Police, or the Community Services Director, it shall be unlawful for any person to participate in any activities on any portion of any playlot, playground, or park. Section 10. No person shall operate a vehicle in a park except upon designated paved or improved park roads or driveways, or in and upon designated areas set aside for use by such vehicles, unless directed to do so by a law enforcement officer, the City Manager, the Community Services Director, or by official signs or markings. Section 11. No person shall engage in, participate in, aid, form, or organize any assembly or group of people or make any speeches or conduct any musical programs or festivals in any park, unless a permit has been obtained from the City and unless such permit is carried by the person heading or leading such activity; provided, however, that the provisions hereof shall not apply to students' work when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authority, nor to any governmental agency within the scope of its functions. An application for such a permit shall be filed with the Director of Community Services not less than seventy two (72) hours prior to such use. Section 12. Urgency - This Ordinance is enacted pursuant to Section 36937(b) of the Californ a government Code as an urgency measure and pursuant to the City of Grand Terrace Police Power for the immediate protection and preservation of the public peace, safety, health, and welfare of persons and property within the City of Grand Terrace. The facts establishing the necessity for such urgency measure are these: That public peace, health, and safety of persons in the City are being jeopardized by individuals who are congregating and creating distrubances in public parks and recreation areas after 10:00 p.m. ; that the deployment of law enforcement personnel to the parks has been required to keep the peace in such parks. Section 13. Posting - The City Clerk shall cause this Ordinance to be posted in three (3) pubT c places designated for such purpose by the City Council . ADOPTED this 9th. day of September 1982. ATTEST: -ity CyTbrk o t e City o rand Mayor -of t e i ty ra erra Terra a and of the City ouncil and of the Ci ouncil thereof. thereof. Approved as to form n v City Attorney STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 9th day of September, 1982, and that it was so adopted by the following vote: AYES: Councilmembers Rigley, Petta, Nix, Pfennighausen; Mayor Grant. NOES: None. ABSENT: None. i ty Cl er of the Ci y of Gra Terrace and oft City Council there f. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true, and correct copy of Ordinance NO. 62 of said City, and that the same has not been amended or repealed. DATED: September 9, 1982. City Cl-" of the City of Gran rrace and of a City Council there .