HomeMy WebLinkAboutAdmin Regulation- Trespassing at City Facilities-c1o
City of Palm Springs
ADMINISTRATIVE REGULATION
SUBJECT: Trespassing at City Facilities
I. Purpose
The purpose of this Regulation is to ensure that City facilities are available for use by the public
for their intended purpose — conducting of City -related business.
II. Authority
Pursuant to Palm Springs Municipal Code section 11.08.080(2), the City and City Manager may
promulgate regulations regarding activities and allowable conduct in relation to City property for
the purposes of safeguarding such property from trespass.
That Code section reads,
PSMC § 11.08.080 Trespass.
No person shall commit a trespass... on public property. "Trespass" for the
purpose of this section means:
(2) Entering upon, or refusing to leave, any public property in violation of
regulations promulgated by... 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. (Ord. 2081,
2/9/2023)
III. Application
For purposes of this Regulation, the following terms are defined as follows:
A. "City -Related Business" means actions by a person who is actively pursuing or engaged
in a transaction that pertains to the purpose or function of that specific City facility.
Examples include, but are not limited to: attending meetings with City staff or officials,
seeking a license or permit, requesting public records, reading in a library.
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B. "Free Speech Zone" means an area designated by the City Manager for the specific intent
of protecting constitutionally protected rights of freedom of speech, while at the same time
preventing disruption, limitations, or hazards to City -Related Business.
III. Regulation
A. Any person on City property who is not engaged in City -Related Business shall be
deemed to be trespassing, pursuant to Palm Springs Municipal Code section
11.08.080(2).
B. This Regulation shall not apply where its application would result in an interference with,
or inhibition of, the exercise of a constitutionally protected right of freedom of speech,
including, but not limited to, peaceful expressions of political or religious opinions. In
order to carry out this subsection (B), the City Manager may designate one or more "Free
Speech Zones".
IV. Procedure
Before any citation is issued or arrest is made for violation of this Regulation, the
citing/arresting officer shall:
A. Make known to the individual the existence of this Regulation, which may be
accomplished by providing a written copy of this regulation or by reading the contents of
this Regulation to the individual, or by causing any other City employee to provide a
written copy or summary of this regulation to the individual; and
B. Verbally request the individual to leave the City facility.
V. Penalty
Violation of this Regulation is, pursuant to Palm Springs Municipal Code section 11.08.080,
punishable as a misdemeanor. The City shall have the authority to issue an administrative
citation/fine, without the need for any pre -citation or courtesy notice, pursuant to PSMC
1.06.030(a).
VI. Effective Date
This Administrative Regulation takes effect on January P-4-, 2025.
C.
Scott Stiles
City Manager
APPROVED AS TO LEGAL FORM:
3
effrey Ballinger
City Attorney
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