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