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HomeMy WebLinkAbout2081ORDINANCE NO. 2081 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED "GENERAL RULES AND REGULATIONS" AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIALAND PUBLIC PROPERTY City Attorney Summary This Ordinance revises Chapter 16.04 of the Palm Springs Municipal Code entitled "General Rules and Regulations," to prohibit entering and remaining at the Airport with the goal of enhanced safety and efficiency of operations. This Ordinance also amends Section 11.08.080 of the Palm Springs Municipal Code to clarify that the City Manager may designate areas of public property where trespassing is prohibited. This Ordinance also amends Section 11.08.080 of the Palm Springs Municipal Code, regarding trespassing on public property. WHEREAS, the City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority so granted, the City has the power to make and enforce within its limits all ordinances and regulations with ' respect to municipal affairs not in conflict with its own charter; and such police powers include without limitation the ability to adopt regulations pertaining generally to the protection and promotion of the public health, safety, and welfare. WHEREAS, the airport has limited space and physical limitations that cannot accommodate those without legitimate airport business. WHEREAS, the airport has high and increasing volumes of passenger traffic. WHEREAS, the airport is a high risk location where those without airport business pose a general safety and security to the airport, airport staff, and the travelling public. WHEREAS, the airport has experienced an increase in persons occupying the airport without any legitimate purpose or business related to airport services or facilities. WHEREAS, this Ordinance amends Title 16 to add a prohibition against entering and remaining at the Airport without a legitimate business purpose. WHEREAS, the purpose of this Ordinance is to enhance airport operations to make them more safe and efficient. ' WHEREAS, this Ordinance sets forth sufficient guidelines for law enforcement, thus eliminating the risk of arbitrary and discriminatory enforcement. Ordinance No. 2081 Page 2 WHEREAS, the City Council finds that the adoption and implementation of the Ordinance set forth below is within the power and authority of the City to protect the public health, safety, and welfare of the City's citizens. I WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct. SECTION 2. New Section 16.04.145. The Palm Springs Municipal Code is hereby amended to add a new Section 16.04.145 to read as follows: "16.04.145 Entering or Remaining Without Legitimate Airport Business Prohibited (a) It is unlawful for a person to enter or remain in any area of the Airport unless the person has legitimate airport business. (b) Legitimate airport business includes: (1) Working at the Airport; (2) Engaging in permitted commerce; (3) Conducting an activity for which a permit has been issued by the , City; (4) Departing the Airport as a ticketed airline passenger; (5) Arriving at the Airport as a ticketed airline passenger; (6) Engaging an airline for customer service purposes, such as purchasing or rescheduling a flight, or filing a claim for lost luggage, among other similar customer service purposes; (7) Waiting for or escorting an individual engaged in the activities enumerated in this subsection. (c) Any person who violates any provision of this Chapter is guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding six months, or by both such fine and imprisonment, except the City Attorney or the citing officer may charge a violation of this Chapter as an infraction, in his or her discretion, as set forth in Section 1.01.140 of this Code. (d) In addition to any penalty otherwise provided by law, any person failing to comply with this Section may be promptly removed from the Airport." SECTION 3. Amendment to PSMC Section 11.08.080. Section 11.08.080 is hereby amended to read as follows: "11.08.080 Trespass. No person shall commit a trespass on residential property or on ' public property. "Trespass" for the purpose of this section means: (1) Entering upon, or refusing to leave, any residential property of another, either where such property has been posted with NO Ordinance No. 2081 Page 3 TRESPASSING signs, or where immediately prior to such entry, or subsequent thereto, notice is given by the owner or occupant, orally or in writing, that such entry, or continued presence, is prohibited; (2) Entering upon, or refusing to leave, any public property in violation of regulations promulgated by either: A for public agencies other than the City, the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning property; or (B) for the City, the City Manager, where such regulations have been conspicuously posted or where immediately prior to such entry, or subsequent thereto, such regulations are made known by the official charged with the security, care or maintenance of the property, his agent or a police officer." SECTION 4. CEQA. The City Council determines that the adoption of this Ordinance is exempt from environmental review under the California Environmental QualityAct ("CEQA') pursuant to the following provisions of the CEQA Guidelines, 14 California Code of Regulations, Chapter 3: the Ordinance is exempt under CEQA Guidelines Section 15378(b)(5) in that it is not a "project" under CEQA, and is an organization or administrative activity of the City that will not result in direct or indirect physical changes in the environment. SECTION 5. Adoption, Certification, and Publication. The City Clerk of the City of Palm Springs shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law. This Ordinance shall take effect 30 days after its adoption. SECTION 6. Severability. If any provision of this Ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this Ordinance, which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance are declared to be severable. PASSED, APPROVED, AND ADOPTED THIS 9T" DAY OF FEBRUARY, 2023. r f2 Grace Elena Garner, Mayor IGrIIIIIII1163111l IJ4 / g " - Brend ree, City Clerk Ordinance No. 2081 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2081 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on January 26, 2023, and adopted at a regular meeting of the City Council held on February 9, 2023 by the following vote: AYES: Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tern Bernstein, Mayor Garner NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 1rday of F , 2023. Brenda Pree, MMC,CERA, City Clerk City of Palm Springs, California