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HomeMy WebLinkAbout500 - Trespassing on PropertyE • • E ORDINANCE NO. 500 AN ORDINANCE PROHMITING TRESPASSING UPON, AND LOITERING ABOUT, C E R - TAIN CLASSES OF PROP- ERTY. The City of Newport Beach, by and through its City Council, does ordain as follows: Section 1. Declaration of Pur- pose. Public safety is hereby de- clared to require that the unin- terrupted operation of certain in- dustries essential to national de- fense, such as the aircraft manu- facturing industry, and of com- panies or agencies supplying wa- ter, gas, electric and other essen- tial services, be protected by pre- venting the intrusion upon t h e properties thereof of idle, curious or malicious persons and of per- sons whose pressence thereon is not necessary, and by prohibit- ing the loitering about such places by persons capable of inflicting harm or of impeding the open ation conducted thereon. Section 2. Posting - Manner of, Prescribed. Any person, f i r m , corporation, governmental agency, department or instrumentality having possession or control of any of the facilities, plants or utility properties enumerated in Section 3 hereof, may post, at each entrance to any structure devoted to any use so enumerated, at each entrance to any fenced or enclosed area devoted to any such use, and at intervals of not more than three hundred feet around any area devoted to such use, substantial signs not less than one square foot in area, dis- playing prominently in addition to such other information as may be deemed desirable, the words, "TRESPASSING — LOITERING — FORBIDDEN BY LAW ", in legible letters not less than two inches in height; provided, how- ever, that any p u b l i c waiting room, dining room, office or other portion of any such structure or premises to which general pub- lic access is required in the nor me] use and operation thereof or where materials are delivered to or received by the public, shall not be so posted. The 'posted boundary" of any area shall be a line running from sign to sign, and such line need not conform to the, legal boundary or legal description of any lot, parcel or acreage of land. Section S. Posting — Where permitted. The places which may be posted are the following: (a) Every airpot, and every plant, field and structure used for the manufac- ture, assembling or test- ing of aircraft; (b) Every tank -farm, re- finery, compressor -plant or absorption plant, mar ine terminal, pipe 1 i n e pumping station and res- ervoir, used for the bulk treatment, bulk handling or bulk storage of petro- leum or petroleum pro- ducts; c) E v e r y reservoir, dam, pumping station, aque- duct, main canal or pipe line of a public water system; (d) Every reservoir, dam generating plant, receiv- ing station, distributing station and transmission line of a company or agency furnishing elec- trical energy; (e) Every gas generating plant, compressor plant, gas holder, gas tank, and gas main used for the production, storage and distribution of gas; (f) Every plant or vital part thereof or other principal property essential to rendering telephone or telegraph service; (g) Every radio broadcasting central plant or station; (h) Every railroad bridge or tunnel; (i) Every plant for the bulk storage of dynamite, giant powder, gunpowder or other explosive. Section 4. Trespassing — a Mis- demeanor. When any such prem- ises is posted as provided in this orinance, it shall be unlawful for any person to go upon or to re- main upon any place within the posted boundary of such prem- ises, or to enter or to remain in any such posted structure, with- out having upon his person the express written consent of the person, firm, corporation, depart- ment or agency lawfully in pos- session or control thereof. Section 5. Loitering — a Me- demeanor. It shall be unlawful for any person to loiter in the immediate vicinity of any prem- ises posted as provided in this ordinance while having in his possession any explosive, tool, or device, of whatever character cap- able of doing harm or damage to any structure, machinery, equip- ment or o t h e r property of a similar or dissimilar character, in- stalled or located upon such post- ed premises or area. Section 8. Exemptions. This ordinance does not apply to any entry in the course of duty of any peace officer nor to any per son traversing an established and existing public sidewalk, street or highway. Section 7. Damaging Signs. Every person who tears down, de- faces or destroys, or causes to be torn down, defaced or destroyed, any sign placed or posted under the provisions of this ordinance without the consent of the person, f i r in , corporation, governmental agency, department or instru- mentality having possession or control of the premises on which such sign has been erected, is guilty of a misdemeanor. Section 8. Penalty Clause. Every person, as principal, agent or otherwise, violating any of the provisions of this ordinance shall be deemed guilty of a misde- meanor and upon conviction thereof shall be punishable by a fine of not to exceed T h r e e Hundred Dollars ($300), or by imprisonment in the city jail in the city of Newport Beach, Cali- fornia, or in the County Jail of Orange County, California, for a period of not to exceed t h r e e months, or by both such fine and imprisonment. Section 9. If any provision of this ordinance, or the application thereof to any person or circum- stance. is held invalid, the re- mainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 10. This ordinance shall be published once in NEWPORT BALBOA NEWS - TIMES, a news- paper printed, published and cir- culated in the city of Newport Beach, and shall take effect and be in force thirty (30) days after its passage. The foregoing ordinance was in- troduced at an adjourned regular meeting of the City Council of the City of Newport Beach held on the 14th day of October, 1940, and was finally passed and adopt- ed by said City Council at a regular meeting thereof held on the 5th day of May, 1941, by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. ATTEST: FRANK L. RINEHART, City Clerk. The above and foregoing or- dinance is signed and approved by me this 5th day of May, 1941. IRVIN GEO. GORDON, Mayor - City of Newport Beach. Pub: May 8, 1941.