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HomeMy WebLinkAbout1694 - ORDINANCES - 7/12/2006 ORDINANCE NO. 1694 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS ADOPTING ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. AUTHORITY. This interim urgency ordinance is adopted pursuant to Section 65868 of the California Government Code and pursuant to the City's authority over matters of local concern as a charter city. SECTION 2. DEFINITIONS A. Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this ordinance. "Aggressive manner" means and includes: (1) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent; (2) Following the person being solicited, if that conduct is: (i) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; (3) Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is: (i) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; (4) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Ordinance No. 1694 Page 2 (5) Intentionally or recklessly using obscene or abusive language or gestures: (i) intended to or likely to cause a reasonable person to fear imminent bodily ' harm or the commission of a criminal act upon property in the person's possession; or (ii) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation; or (6) Approaching the person being solicited in a manner that; (i) is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation. "Camp" means to pitch or occupy camp facilities; to use camp paraphernalia. "Camp facilities" include, but are not limited to, tents, huts, or temporary shelters of any kind. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment. ' "Chief of Police" means the Chief of Police of the City of Palm Springs or the designee or designees of the Chief of Police. "City Manager" means the City Manager of the City of Palm Springs or the designee or designees of the City Manager. "Park" means park and recreation areas as described in Chapter 11.44 of the Palm Springs Municipal Code, including but not limited to playgrounds. "Public area" means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, streets, parks, bridges, buildings, driveways, parking lots, plazas, malls, walkways, and the doorways and entrances to public or private buildings and the grounds enclosing them. "Solicit" means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. ' "Street" means any public street and rights-of-way, including sidewalks and parkways, as defined in Section 14.16.010 of the Palm Springs Municipal Code. Ordinance No. 1694 Page 3 SECTION 3. CAMPING AND STORAGE OF PERSONAL PROPERTY A. Purpose. The public streets, parks, and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. The purpose of this section is to maintain public streets and areas within the city in a clean and accessible condition. B. Unlawful Camping. It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia in or on any street, park, public parking lot, or public area, improved or unimproved. C. Storage of Personal Property in Public Places. (1) It shall be unlawful for any person to deposit or store any movable or immovable object of any kind or character whatsoever, including but not limited to camping facilities and camping paraphernalia, upon any street, park, public parking lot, or public area, improved or unimproved. except as expressly authorized under the provisions of the Palm Springs Municipal Code- (2) Any object installed, placed, or deposited in violation of this subsection shall be summarily removed by City personnel and turned over to the Chief of Police for storage. The owner, if readily ascertainable, shall be promptly notified. Upon failure of the owner to claim such object and pay the expenses of removal and storage within thirty (30) days after removal, the object shall be deemed unclaimed property and shall be disposed of in accordance with the provisions of Section 11.76.060 et.seq. of the Palm Springs Municipal Code. SECTION 4. AGGRESSIVE SOLICITATION A. It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services: (1) In an aggressive manner in a public area; (2) In any public transportation vehicle, or bus station or stop; (3) Within fifteen (16) feet of any entrance or exit of any bank or check cashing businesses or within fifteen (15) feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business without the consent of the owner or other person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller I Ordinance No, 1694 Page 4 machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; , (4) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or (5) From any operator of a motor vehicle that is in traffic on a public street, whether in exchange for cleaning the vehicle's windows, or for blocking, occupying, or reserving a public parking space, or directing the occupant to a public parking space; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle. SECTION 5. PERMITS FOR PARK USE A. No person, where a sign has been posted in accordance with this section, shall hold, conduct, participate in, attend or address any meeting, organized gathering or assemblage, group picnic, celebration, parade, service or exercise, of six or more persons, in any park or recreation area without a written permit granted by the city manager as provided in Section 11.44.040 of the Palm Springs Municipal Code. B. Signs posted as provided in this section shall conform to the following requirements: (1) Each sign shall not be less than eighteen (18) inches by twenty-four (24) ' inches; (2) Colors of such signs shall be optional; (3) All signs shall be clearly visible to persons in restricted locations; (4) Signs shall have the word "WARNING" not less than two (2) inches in height, and all other lettering shall be at least five-eighths ( 5/8) inches in height; (5) Signs shall be posted everyone hundred (100) feet; and (6) The following wording shall appear on each sign: "WARNING Permit Required for Use by Six or More Persons Violation is a Misdemeanor PSMC Section 11.44.040" C. This Section 5 of this Ordinance shall be deemed an amendment to Subsection (a) of Section 11.44.040. of the Palm Springs Municipal Code. SECTION 6 ADDITIONAL PROHIBITIONS ON CONDUCT IN A PARK A. The conduct identified in this Section shall be prohibited within the exterior boundary lines of any park. The prohibitions contained in this Section are in addition to, and augment, the prohibitions identified in Palm Springs Municipal Code Section 11.44.060. In the event of any conflict between this Ordinance and Palm Springs ' Municipal Code Section 11.44.060, the provisions of this Ordinance shall control. Ordinance No. 1694 Page 5 B. No intoxicated person shall enter, be, or remain in any park. C. No person shall willfully mark, deface, or injure in any manner, or displace or remove, or tamper with any park property of any kind, including but not limited to any park sign. D. No person starting or maintaining any fire in a park shall leave the area where the fire is located without first completely extinguishing such fire. E. As a general rule, parks shall be open to the public every day of the year between dawn and 10:00 pm. The City Manager may, in the City Manager's reasonable discretion, extend or limit such hours for any park or a portion of any park. No person shall enter, be, or remain in any park during the time when such park is closed, unless he or she has obtained a permit therefore from the City Manager. Park closing hours shall be posted at park entrances- F. No person in a park shall operate a device producing amplified sound except pursuant to a permit approved by the City Manager. G. No person in a park shall conduct or participate in any picnic, or prepare or serve any food, except in an area designated by the City Manager for such purpose. H. No person in a park shall disobey any sign or notice posted or displayed by or at the direction of the City Manager. I. No person owning or having the control or care of any dog shall bring such dog (except a Seeing Eye dog leading a blind person) into or upon a public park or recreation area, nor shall any such person otherwise suffer or permit such dog to enter or remain in a park. This subsection shall not apply to the Palm Springs Dog Park. SECTION 7. LOITERING; OBSTRUCTING PASSAGE; SIGNS A. No person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this section, shall loiter, stand, sit, or lie in or upon any public street, park, or public area so as to hinder, inconvenience, or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person block, obstruct or prevent the free access to the entrance of any building open to the public. B. Signs posted as provided in this section shall conform to the following requirements: (1) Each sign shall not be less than eighteen (18) inches by twenty-four (24) inches; (2) Colors of such signs shall be optional; (3) All signs shall be clearly visible to persons in restricted locations; (4) Signs shall have the word "WARNING" not less than two (2) inches in height, and all other lettering shall be at least five-eighths ( 5/8) inches in height; Ordinance No. 1694 Page 6 (5) Signs shall be posted every one hundred (100) feet; and (6) The following wording shall appear on each sign: "WARNING Unreasonable obstruction of pedestrian traffic in this area by persons loitering, standing, sitting, or lying is prohibited and punishable as a misdemeanor. PSMC Section 11.44.080" C. This Section 7 of this Ordinance shall be deemed an amendment to Section 11.44.080 of the Palm Springs Municipal Code. SECTION 8. ADDITIONAL ENFORCEMENT POWERS A. Power and authority is hereby given to the City Manager, in the City Manager's discretion, to eject and expel from any park any person who shall violate any of the provisions of Chapter 11.44 of the Palm Springs Municipal Code or any other law, ordinance, or rule that may be in effect now or may hereafter be passed or adopted for the regulation and government of parks or of public areas in general. In addition to the ordinary powers of arrest or citation, any peace officer enforcing any such law or regulation shall be authorized, in lieu of arresting or citing any violator, in such officer's discretion, to so eject and expel such violator. B. No person being ejected or expelled pursuant to the authority of subsection (a) shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled, return during the calendar day in which such person was ejected and for the two calendar days immediately following thereon, to the same park, unless specifically permitted to do so by the person who ejected him or by the City Manager. C. This Section 8 of this Ordinance shall be deemed an amendment to Section 11.44.020 of the Palm Springs Municipal Code. SECTION 9. EXCLUSION OF PUBLIC FROM SPECIFIC AREAS A. In an emergency or when the City Manager determines that the public safety, or public health, or public morals, or public interest demands such action, any park, square, avenue, grounds or recreation center or any part or portion thereof, may be closed against the public and all persons may be excluded therefrom until such emergency or other reason upon which such determination of the City Manager is based has ceased, and upon the cessation thereof the park, square, avenue, grounds or recreation center or part or portion thereof so closed shall again be reopened to the public by order of the City Manager. B. No person having knowledge of or having been advised of any closure order issued pursuant to subsection (a) of this section, or where a sign or signs have been posted in accordance with this section, shall refuse or fail immediately to remove himself from the area or place so closed, and no such person shall enter or remain within any such area or place known by him to be so closed, until such area or place has been reopened to the public by order of proper authority. Ordinance No. 1694 Page 7 place known by him to be so closed, until such area or place has been reopened to the public by order of proper authority. C. Signs posted as provided in this section shall conform to the following requirements: 1) Each sign shall not be less than eighteen (18) inches by twenty-four (24) inches; (2) Colors of such signs shall be optional; (3) All signs shall be clearly visible to persons in restricted locations; (4) Signs shall have the word "WARNING" not less than two (2) inches in height, and all other lettering shall be at least five-eighths ( 5/8) inches in height; (5) Signs shall be posted every one hundred (100) feet; and (6) The following wording shall appear on each sign: "WARNING This Area is Closed to the Public by Order of the City Manager. Standing, sitting, lying, or moving on or through this Area is prohibited and punishable as a misdemeanor. PSMC Section 11.44.030" D. This Section 9 of this Ordinance shall be deemed an amendment to Section 11.44.030 of the Palm Springs Municipal Code. SECTION 10. VIOLATION — MISDEMEANORS; INFRACTIONS A. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Ordinance or the Palm Springs Municipal Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Ordinance or the provisions of the Palm Springs Municipal Code shall be guilty of a misdemeanor unless: (1) The violation is classified as an infraction in the State Vehicle Code or the Palm Springs Municipal Code in which case the person shall be guHty of an infraction; or (2) The City Attorney files a complaint charging the offense as an infraction; or (3) A public safety officer or an enforcement officer, as defined in Chapter 1.06 of the Palm Springs Municipal Code issues a citation charging the offense as an infraction. B. This Section 10 of this Ordinance shall be deemed an amendment to Section 1.1.140 of the Palm Springs Municipal Code. SECTION 11. The City Council hereby finds, determines, and declares that this interim urgency ordinance is necessary because: A. The Council finds that the increase in certain activities associated with loitering in the City's parks and streets, including camping in the parks and aggressive solicitation throughout the City, has become extremely disturbing and disruptive to residents and ' businesses, and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder. Ordinance No. 1694 Page 8 B. Aggressive solicitation usually includes approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The Council further finds that the presence of individuals who solicit money from persons at or near banks, automated teller machines, or in public transportation vehicles is especially troublesome because of the enhanced fear of crime in those confined environments. Motorists also find themselves confronted by persons seeking money who, without permission, wash their automobile windows at traffic intersections, despite explicit indications by drivers not to do so. Such activity carries with it implicit threat to both persons and properly. People driving or parking on City streets frequently find themselves faced with persons seeking money by offering to open car doors or locate parking spaces. C. The Council is enacting this Ordinance pursuant to its police power, as provided in the City Charter and as generally provided under Section 65858 of the California Government Code. This law is timely and appropriate because current laws and City regulations are insufficient to address the aforementioned problems. O. This ordinance is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, protest, or engage in other constitutionally protected activity. Rather, its goal is to protect citizens from the fear and intimidation accompanying certain kinds of activities in the parks, streets, and public areas of the City that have become an unwelcome and overwhelming presence in the City. ' SECTION 12. Ten days prior to the expiration of this interim urgency ordinance, and any extension thereof, the City Council shall issue a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance or any extension. SECTION 13. This interim urgency ordinance shall take effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. This interim urgency ordinance shall continue in effect for forty-five (45) days from the date of its adoption and shall thereafter be of no further force and effect unless, after notice pursuant to California Government Code Section 65090 and a public hearing, the City Council extends this interim urgency ordinance for an additional period of time pursuant to California Government Code Section 65858. SECTION 14. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. , Ordinance No. 1694 Page 9 ADOPTED this 12"' day of July, 2006. r �� A MAW'R ATTEST: ?tyClerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF PALM SPRINGS ) I, James Thompson, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1694 is a full, true, and correct copy and was adopted at an Adjourned Regular Meeting of the City Council of the City of Palm Springs on July 12, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden NOES: None ABSENT: None ABSTAIN: None A J es Thompson, City Clerk ty of Palm Springs, California r