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HomeMy WebLinkAbout2006-07-12 STAFF REPORTS 3A ORDINANCE NO.— AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS ADOPTING ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS. (4l5THS VOTE REQUIRED.) THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. AUTHORITY. This interim urgency ordinance is adopted pursuant to Section 65858 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 1 55 LIiJ'+ (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 (it) 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 Ciiy of Palm Springs or the designee or designees of the Chief or Police. "City Manager" means the City Manager of the City of Palm Springs or the designee or designees of the City Manager. "Part;" means park and recreation areas as described in Chapter 11A4 of the Palm Springs Municipal Code, including but not limited to playgrounds. "PubVic 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 solicitors 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 plaice 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. s A ,3 T 2 Deleted: 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, Deleted: (2) Any object installed, placed, or deposited in violation of this subsection shall be summarily removed by City personnel and turned over to the,Chle_of Police for Deleted:Public Works Dir ciorfor 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 (35) days after removal, the object shall be deemed unclaimed property and shall be disposed of,in accordance with the provisions of Chapter 11.76 of the Palm Springs Deleted:turnedoverto the ChieF Municipal Code. [deleted:Police for disposition 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 (15) 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 machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; 3 514372 1 (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 Deleted:Subsection(a)of Section �. No person shall hold, conduct, participate in, attend or address any meeting, 11.44,04.of the Palm Spnngs organized gathering or assemblage, group picnic, celebration, parade, service or (Municipal Code is amended fo read:¶ 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 11.44.04 of the Palm Spfrings Deietea:this Nhinicipal Code. B. This Section 5 of this Ordinance shall be deemed an amendment to Subsection (a) of Section J 1.44.04. of the Palrn 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 anv conflict between this Ordinance and Palm Springs Municipal Code Section 'i 1.44.060, the provisions of this Ordinance shall control. 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 Hire 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. 4 "."721 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 l or remain in a park. This subsection shall not apply to the Palm Springs Dog Park. SECTION 7. LOITERING;OBSTRUCTING PASSAGE; SIGNS Deletetl:, 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 btu twenty-`our 24) De{eC tm 22),nches 6y thirty(30 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 (8) 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. si.i3ni 5 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 A4.020 of the Palm Springs Municipal Code. SECTION 9. EXCLI-I&ON OF PUBLIC FROM SPECIFIC AREAS A. In nn ernergency or when the City Manager determines that the public safety or public health or public rlorals or public interest demands such action an park >re, avenue. grounds or recreation center or any part or portion thereof may be closed against the Ioublic and all persons Imay be e)ccluded 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 anv closure order issued pureuallt to subsection (a) of [his section or where a sign or signs have been posted in accordance with this section, shall refuse or fail irrin ately [o remove himself from the area or place so closed and no such person shall enter or remain within anv such area or place known by him to be so closed until SLICK area or place has been reopened to [he public by order of proper authority. C_ Si. rigs posted as provided In finis section shall conform to the following requirements: 1) Each sign shall not be less than eighteen (18) inches by twenty-four L241 mches (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 '%0JA 1,,N G' not less than two (2) inches in heicl i and all other lettering shall be at least five-eighths ( 5/8) inches in height. S5) Signs shall be Posted every one hundred (100) feel and (6) The following wording shall appear on earh sign: "fw911�1\1FIllid t c- T his Area is Closed to the Public by Order of the City dVianager. Standing sitting IVing, or moving on or through this Area is prohibited and punishable as a misdemeanor. PSMC Section 11-44.030" D. This Section 9 of [his Ordinance shall be deemed an amendment to Section 11.44.030 of the Palm Sorinqs Municipal Code. 6 >J37,-1 SEC:TiON 10. VIOLATION — MISDEMEANORS; IWERACf1ONS A. It shall be unlawful for lay person to violate ant provision or to fail to comply with anv of the mcuiremenis of this Ordinance or the Patin Springs Municipal Code. Anv oerson violadna any of the provisions or failing io comply with any of the mandatory acLi rements of This Ordinance or the provisions of the Palm Springs Municipal Code shall be guil'y of a misdemeanor unless: (1)The violation is classified as an infraction in the Sfate Vehicle Code or the Palm Springs Municipal Code in which case the person shall beguilty 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 charginn the offense as an infraction. 3. This Section 10 of this Ordinance shall be deemed an amendment to Section 1.1.14A o'f 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. S. 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 caries with it implicit threat to both persons and property. 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. D. 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 7 1-13P 1 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, Deletede 1o. 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. Deleted:11 SECTION J3. This interim urgency ordinance shall take effect immediately upon its adoption by a four-fiflhs (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-4_ If any section, subsection, subdivision, paragraph, sentence, clause Deleted: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. PASSED, APPROVED, AND ADOPTED this day of 2006. RON ODON, MAYOR ATTEST: JAME:S THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY ¶elated:-------Page Bream 5,'372 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF PALM SPRINGS) I, ,Dames Thompson, City Clerk of the City of Palm Springs, California, DO HEREBY CERTIFY that the foregoing Ordinance No. was duly introduced, adopted, and passed as an urgency ordinance at a Regular Meeting of the City Council held on the day of_ _2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: (SEAL) JAMES THOMPSON, CITY CLERK 9 111172 1 O,VALM S. i2 c u u, a � °+°nnrFod Cq</FO `P CITY COUNCIL STAFF REPORT DATE: July 12, 2006 LEGISLATIVE ITEM SUBJECT: AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS ADOPTING ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS. (4/5THS VOTE REQUIRED.) FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney RECOMMENDATION: 1. Waive reading of the Ordinance text and adopt by title only. 2. ADOPT ORDINANCE NO. , "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS ADOPTING ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS." (4/5THS VOTE REQUIRED.) STAFF ANALYSIS: The City has several ordinances that deal with inappropriate conduct in city parks, streets, and public areas. In reviewing these ordinances, we have identified a few gaps in coverage and areas that could be strengthened to ensure consistent and flair application of the laws. 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. Recent activities in Sunrise Park, including criminal activities, have triggered a need to step up law enforcement efforts to ensure that the park and its significant cultural and recreational facilities and the residents that use these facilities are appropriately protected. ITEM NO. City Council Staff Report July 12, 2006 -- Page 2 Ordinance Use of Parks, Streets, and Public Areas The proposed ordinance attempts to address several issues. First of all, the ordinance prohibits aggressive solicitation in the park and the streets. Aggressive solicitation prohibited under this ordinance would include non-consensual contact, or actions that are intended to cause fear of physical harm or cause intimidation. It also prohibits solicitation that includes the use of obscene or abusive language or gestures. The proposed ordinance also tightens up the current prohibition on camping in the park by broadening the kinds of equipment that would be considered part of one's camping gear, placing a clear prohibition on being in the park when the park is closed, and providing a prohibition on storing personal property in public areas. The proposed interim urgency ordinance would be in effect for an initial period of 45 days. We anticipate that a permanent ordinance will be submitted to the Council within the next two weeks so that the Council can adopt the ordinance before it adjourns for its August recess and the permanent ordinance would become effective before the urgency ordinance expires. The adoption of a permanent ordinance would eliminate the need for an extension of the urgency ordinance FISCAL IMPACT: There should be no fiscal impact on the City. The adoption of the urgency ordinance will help ensure that the City's police officers and code enforcement officers have appropriate tools to effectively and efficiently maintain order and preserve the public health, safety, and welfare in the City's parks and public places. 09 2� Douglas Holland, City Attorney Attachment: Proposed Ordinance ORDINANCE NO._ AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS ADOPTING ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS. (4/5THS VOTE REQUIRED.) THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. AUTHORITY. This interim urgency ordinance is adopted pursuant to Section 65858 of the California Government Code and pursuant to the City's authority over matters of local concern as a charter city. :iECTION 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 1 (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. "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. 2 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 Public Works Director 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 turned over to the Chief of Police for disposition in accordance with the provisions of Chapter 11.76 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 (15) 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 machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; 3 (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 at 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 Eiubsection (a) of Section 11.44.04. of the Palm Springs Municipal Code is amended to read: (a) No person 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 this Section 11.44.04. 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 111.44.060. 13. 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 tie 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. 4 Id. 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 twenty-two (22) inches by thirty (30) 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 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, 5 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. >ECTION 9. 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. 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 property. 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. 1). 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. 6 SECTION 10. 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 11. 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 12. 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. PASSED, APPROVED, AND ADOPTED this day of 2006. RON ODON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF PALM SPRINGS ) I, James Thompson, City Clerk of the City of Palm Springs, California, DO HEREBY CERTIFY that the foregoing Ordinance No. was duly introduced, adopted, and passed as an urgency ordinance at a Regular Meeting of the City Council held on the day of 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: (SEAL) JAMES THOMPSON, CITY CLERK 8 INC) 2;12 lion or stop; + and expel Such violator. • - — — [ (3) Within 1tl-ean[15)foal of any Entrance or exit B.No person bol,-.g eja Died or expe lieu pafsuanr 10 p ORDINANCE NO,1694 at any hank or check cashing businesses or v'Llhin the authority of subsecb0n (a)Shall refuse to lea% Glean(1 5}feel of any au!0mat=_d teller mach tie duo- as ordered, nor Shall any person who has been so AN INTERIM URGENCY ORDINANCE OFTHE ing Ina hours o1 opera[on of such bank,aatomaled elected or expelled,return during ilia caandardayin CITY OF PALM SPRINGS ADOPTING teller machine or check cashing business wit Sul the which such parson was e,acted and for Ilia two ca ADDITIONAL REGULATORY PROVISIONS consent of the ov+ner cur other Pelson legally in pos-r er.dar drys immediately following Ihe:eoa, to 1h GOVERNING THE USE OF PARKS,STREETS, session of such faalli=_s. Provided, however, Iha1 same park,unless Spear.-ally permitted to do so b, PROOF OF PUBLICATION AND PUBLIC AREAS. when an automated leder machlhe is Iodated within the person who ejaled him or by the C ty Manage an automa'ea teller mainline lee-lity, such distance C This Seclwn 8 0}Ills Ordnance shall be deems (2©15.5.C.C.P) THE C shall be measured from Ina entrance ore . wl of the CITY COUNCIL OF THE CITY OF PALM au lonna,ed teller machine far lily; Springs Municipal an amend o Section 11Aa 026 cf the Palm merment ACoda. Ce. SPRINGS,CALIFOR WA,DOES HEREBY (6) On p:rvate proaerhr l the anner, Mason, or SECTION 4EACLLSION OF PUBLIC FROM ORDAIN AS FOLLOWS: lanfiul occupant has asked the parson not to solicit SECTION 1. AUTHORITY on the properly,or has posted a sign clezily ine:ca- SPECIFIC AREAS I that So•ciations are not welcome on the proper- A In an emargancy or when the City Manager de ter to s Interim urgency ordinance a overnd pu rsbane r ar mines lh at Ilia public safety,or pfbl.n heanh,or pub to Section 65858 of Ire CaLfornia C-overnmenl code y' he morals, or While inter and pursuant to the Ci; } op', P interest demands r recreation esuch atllon P y's aslhorM o•:er maKea of (� From any o rotor o1 z motor•:eft-le 1h a[a in any park, square, avenue, mounds or race atioo local concern as a charter city. traffic on a pub:a street, whether in exchange for center or any par or portion thereof,may be c'osea STATE OF CALIFORNIA SECTION 2. DEFINITIONS cleaning the veh'Ne's Mindless.or far blocking,oecu against[he prolic and all Sensors may be excludes pying,or reserving a puU.c pariung space,or direct lherefrom until such ems.Count of Riverside rgon of rn other tease Y A. Un'ess the par provisions or;he context ing the occupam lea pubic parking specs,provided, upon which such derermmatpn of the Ciry Manager olherwtse requires, the dehnihons contained in ttis haviever, In at this paragraph,shall not apply la se ry is based has ceased,and upon the cessaign theta section shall govern the con=_Iruclfon,meat.no,and fees Tendered in con nealma wil'n ems rger Y'y repairs of file oa:k, square, avenue, grounds or mcrealion a0P:MIIDn of words arid plusses used in this ordi- requested by the operator or passengers of such center or pant or comer thereof so closed sha nonce. veh¢Ie , again be TOG oer,ed o[he pubs by order of the City 'Aggressive manner'means anct includes r SECTION 5. PERMITS FOR PARK USE Manager. I am a citizen of the United Stoles and a resident of (1) In lealior ally or recklessly making any physcEd A, he person, v.-hose a sign has beer,pos_fed in B.No person having kna•wledge o1 or having been Damacl val'n or touching anolher person in Ibe accordanca with this sector, shall hold, conduct, advised of any closure order Issued pu rsuaal to sub the County aforesaid; I am over the age of eighteen course of the soliclalon wilhout the persons corn participate In,attend of address any maei organ s=_-lion of his section,on v.nera a Etch or signs cant, years,and not a party to or inieres[ed in the fzed galhenng or assembla ge,group picnic, ,celehra have been pe4ed in accordance with this section, above-entitled matter.I am the principal clerk of a (2) Follov.no Na person being solicited, if that lion,patella,service or exercise,of s'x of more per shall Tarbes or fail immediately to remove limbo printer of the,DESERT SUN PUBLISIIING cnnducl is. sons,in any park on recreation area v..lnpul a woden from the area or place so closed,and no such per COMPANY a newspaper of general circulation, (1) Inlendad to or is tihely to cause a permit granted by the cly manager as provided m son shall enter or remain within any such area a reasonable parson to foal 'mitred Section 11 44.= at be-Palm Springs Municipal piece knoxn by him Io be so cased,until such area printed and published in the city of Palm Springs, beady harm ar the commission of a criminal Ccde or place has been reopered to Ina public by order a County of Riverside,and which newspaper has been act u upon property P. 5ions sated as proper aultmrdy. p p p-ty in the per ones poss_esso ; p provided in this seclion shelf adjudged a newspaper of general circulation by (be or conform to[he Ulo:rng requirements C.Signs pos led as provided on Ibis seclion shall con Superior Court of the County of Riverside, Slate of 59 is intended to u,is reas_onaely likely to form to the f llb ving requirements: California under the date of l4larch 24, 1989.Case ir.Om dale the pa rsen being so!-ded into (1) Each sign shall nor be less Ilan 1) Each sign shall not be less than ughleer Number 191236; that the notice,of which (he respording off fmalrvely to lbs soticilalion: eighteen (1 B) inches by [wan y-four (18)!riches by twenty-four(24)inches, annexed is a printed copy[set in type not smaller (3) Continuing 10 sollcil s•i[hin five (5)feel of the (24)inch as; (2) Colors o.'such am as shall be oplional; than non pariel, has been published in each regular person being solicited ahw to p.=_rson has rncde a tgj Cc'ors o:such signs steal be opttonal; (3) All S•gns shall be clearly vie ble to persons nsgaliva response, it continuing Ire sofn[aCon is: in rasUicled IcraCons; and entire issue of said newspaper and not hi any [3) All signs shall be clearly visible supplement thereof on the following dales,le wit: (1) intended to or Is likely to cause a to perscns In roslrcicd locations; (4) Signs shall have [he word "WARNING" PP g rea3orab o person to fear Imminent bodily riot (4) Slans snarl have the word":YAP,NiNG„ less than 1r;o (2) inoF.es in height, and harm cf the commission of a criminal act upon s all offer initialing SIT Ell bP at least lba eighths July 22ntl 21706 properly In the parsons puss=ssior,;Pr not less Han avo(2)•Inc,�s!r heichE, y ' _ and all other lettering shall be a1 lead (5'8)inches in hebghl, --_ ,-- --------_—_-__---—---—----___-- (r)!sdaut!he to or lt reag Epley likely to Eve-ei hths s inlimidale ilia person being soLcled R,lo g (...h3)Inches rn height; (5j S fill shall be posted every one hundred responding off:nmahvely to the Solid allon; (5) SIons shall be polled ovary one sound fed (1 Og)real;and -------------—----—----------------—---—----- _ (1 W)feel,and (6)_ The following :vording shall 'specter on re(4) Inlenticnal;y or cklessly t'Dering the a=_fe a.-All in ilia year 2006 each sign: free Passage of to parson being so lon•irg •a llclmd or mq uir- (6) The bit ordmg shall appear !no the closer,or the driver of a vehicle,to Jake ova- on each sign I "WARNING Elva action to mold physical con'act with the person "WARNING This Area is Closed to the Pub':.by Order of 1he I certify(or declare}under penalty of perjury That the City Manager. Standing,sith no,lying,or moving on making - ) l the s wally or Parma R.qui,ed for Use b}r Biz or Store Pesons P fishable as Foregoing is true and correct. Violation is a Polisdemeancr or through th s Area is prohibited and 0ur� abusive a languagle on stu ressly using obscer.a or a misdBum anor. is abusive language cn gestures PSMC Sxl¢n 11 A4.049" Doled at Palm Springs,California this---Zd ,--.,day PSMC S=_cfon 11 e4,030' (i)intended 10 or I kely to cause a reasonable parson to`.ear imminent buddy harm or the . C.This Section 5 of[his Ordinance shall be deemed D.Th's Secton 9 of this Ordinance stealI be deemed of------July -- - - --- -----,2U06 ., commission of a criminal ad open properly in an amendment to Subsec Loa (a) of Section an amends l to Section 11.44.030 of the Palm the Persons possession,or 11 a4.O-0.of Ire Pam Springs Landclpal Cods. Springs Municipal Code (h)words Warded to on reasonably Ilke.y to SECTION 6. ADDITIONAL PROHIBITIONS ON SECTION 10.VIOLATION-MISDEMEANORS; In I•midale [he person into responding CONDUCT IN A PARK INFRACTIONS affirmallvely to the solicilmion,or A.The conduct fder,li lied in Ili s Section Erbil ba pm- A.11 shall be unlawful for any person to molale any —------ -------- ---- -- ---—--------—---—''-_ h.bi�.ed cob hin the exterior boundary liras of an months o or[e fatl ro comply with any of Lne Springs Signal e I any in meals of Ilia Ordinance cr the Palm Springs ++` (6) Approaching the perSpn teing solicited in a The pmhihilicns conlzmed.in this Section are in k;unicipal Coda. Ary pe rson violating any o!the pro- manner that, action to,and augmsn I.the prohibitions idamLBed visions o:fa lip 10 comply �- C.J _ in Palm Springs I.ipmcipal Cade Section 11.44.060. 3 vol Ill any of the mandaro- t• _ (!}!s inFerdec 1u or is kely to cause a raason In 1hs event of any conflict bah•:pen this Ord nonce ry requirements of this Ordinance or the per;ins -_f' able person Io fear im ri'nerl bodily harm or and palm S r "s I,xunlcr _ S of pro Palm Springs Municipal Code shall be gully ob the commission of a criminal ace upon P n� p=1 Ccde Section amisdemeanor un'ess:(1)The viclation is class!lied ]—I 1e . 11.44060. the pruwvns of this Ordinance shall V peppery In the per posses son;or as an iniraclion in the State Vehw'e Code o: Ihs mmml' Palm Spn nos Municipal Gade,n which Gass The per L a. P.l , B.No.nlozlcatad:arson shall enter,ba,m remain in son shali Pe gUfty of an infraction; or (2I The City S__f T` .1 'ell f— a (III is intended to or is reasonably I kely Io any park. Attorney isles a comply at charg no the ahouse as an en[imlda[e the person being solicited into mhacrion.or 3 public t G) milindpc o e[epees n bem 1ha idled a:ic n. C.No person shall willfully ma:k,aDface,or In lure in I )A, blic Sabah)officer or an enforce- _ ,m _- ies any manner, cr displace of remove,or lamp or with marl officer, as debned in Chapter L05 ob hhe Pain • 'Camp" means to ouch or croupy camp any park grope ny o!a,y klyd, !tie[.ding but no['im Sprngs Municipal Code issues a citation charging fact tires,[a use cam the affenee as an rdractiPn. c� p paraphernalia. r Lad Ia ary:ark sign. "Camp facil;lies'induda,out are rot.mi[e0 10, tents, D. No pe rsan slarling or mamta•nimg env lire in a.E.Th s seclion 10 o4 its Ordinance sha1 be eeerned ants,or lampma'y=qel Is is of anv kind. park shall Ieaw [go area:-,here the ire a [ocwad I ate amerdmanl Is Secion 1 1 140 of the Palm "Camp pafapnarna a"incluces, but IS r,oi Ireeled to, v:to-,I fi•s1 compla;eAr esI no..ishirg suet.h's. SF•rir gs Municipal Code ia,paulms,cc Is,'beds,sleeping bags hammocks,of ron-c to desig noted cocking fa;-d as and simile- egmDment. - SECTION 11.The City Council hereby finds, deter- ;+ill ES f. E.As a ge Heft ru'e,parks shall be open to the pub- lie and declares that this interim urgency ordi !; lie e•,nry dap of the year hetvieen dahn arid 10;C-0 :f,C!-y Clerk Hance is necessary because: :pn. The C!I}' !l anage:may, in the Ci,y Waage is Pence h of pl Pc•lice''mears the Chief o!Price of the Ciry r-_aeonaG;e dhacra hcn,axle nd or limn such hou-s fo+ A. The Cnurr Iir ids !haI Inc increase m certain Pa[o Bpnngs a er des gnaw o-desg iof t of file any park or a Orel on of any,Dark. No person sha'I aclivi•!as assecialed with Ic ibenng in Ine C,y's pares STATE OF CALIFORNIA 1 f.ie'or po!ize. enter,be,or remain in any park duri ng w..a Lime e:hen and sbecs. including camp ng in the parks and COUNTY OF RIVERSIDE ) as such park is closed,unless he or she has obtained aggressive so'ici'alion lhfougncut the City, has ity Manse ern means fie Cary Marager of Ine City a permit lF.=_refora from the Ciiy:,lanacer. Parkclos become extremely cislintu rig and disru plr,a to rs CITY OF PALM SPRINGS ➢ Pa!inSprings or the des gyre or designees of the ing hours shall be pc sled al park entrances, dents and I:is and has comrl puled not only I, James Thompson,City Clerk of the C!y of Palm Idana cr to the loss o1 access to and en;oymem of public S one s.Ca'de rota,do hereby cerhty that Ordinance y ea F No person in a park shall Opaale a daaice p:Odor ,aces,bun also to an enhanced sense of leaf,imim- p ark" means park and recreal•on areas as ing amplified sound a:xcept pursuant 10 a perm!, p. No. fed is a full, true, and Regular copy and '.vas e_crmed in Chapter 11.44 of the Palm Sprngs approved by Ine Ciy Manager idafion and disorder. adopted at a 1 Adjourned Regular I gs on 1. the unicipal Code, including Liu! not limited 10 play- B.Aggressive sdlr,Iatan usually iirrlud=_s approach Ciry Council pi the City of Palm Springs on July 12, gur.ds. G.No person In a park shall conduct or partci sale in ing Or !olrov;ing pedesluars, repebbve soliciling 2006,by[he follor+ing vote: any picnic,or prepare or son;=_any food, except Ia despite refusals, the use of abusive or profane Ian- YES:Councr`memhir FAcCuihch, 'ubic area" means an area to which the pu olio or an area designated the C IJanagar for such p' a6stamial group of per has access. and ur guage in cause fear and intimidation, unwanted Cponctmember Lid Its,Coureihnember Prf.gnel, cludes,but is not lima led 0,effects,parks,bridges, p �• I physical contact, or ;he intanConal blocking of Is ror Pfo Tom Few,and mayor Od=_n iddings, ddveaays. parting lots, plazas, malls, H. No person in a park shall disobey nny Stan or pecilBsblan and ve:,icul ar batfc. The Ccu,ri fu rthef �N OES: None alxways,a•d IF,e doorways and entrances to public rot:ce posted or displayed by or a[the d fecGon of finds teal the presence•at mdorlduals vino salicd I x private held ngs and fie grounds City[hem the C, Manager. money 1r an fr persons a1 or near oks, automated ABSENP. None Solicit"means to requeI an Immediate donallcn at I.No persarrowri or haying the control or care of teller machmes, a in public time on rtation vehicles kBSTAIN, None Imlay a other Ling of value from another Person, any dog shall bring such dog(except a See!-,g Eye is espeumliy kouolesoma because of the enhanced godless of the solicitors purpose or intended use dog leading a blind person) into or upon a public fear of crime in [hose confined envbonmenls. I the money or other fining of value. The Solicitation park or recreation area;nor shal any such person fdomasts also find themselves confronled by per James Thompson,City Clerk hay be,w,i'nout lim ratan,by the spoken,written,or Otherwme suffer or permit such dog 10 enter or sons seeking money who,without permission,'oash City of Palm Spnngs.Gal.fo:nia fluted word,or by other means at communication. remain in a park. This so usecbpn shall raI apply to their auiomr i3 w ndo:rs a! traffic Inlay ecllons, [no Palm Springs Dog Park despite exp:'tsI indlealmns by drrrers not to do so Published:7122f2606 'Store`weans to out aside of acci mulale for use Such aMlvly carries wilt it Implicit threat to bath per- hen neeg eat, to put for sa!ekeeF:ng, to piece or SECTION 7.LOfrER!NG;OBSTRUCTING sans ar,d,pmpeny. Pe op`B drive ng of parking on 01 ly PASSAGE;SIGNS eave in a localicn. streets frequently Fed Themselves faced with per. =_Street"rrens any pub!C street ar,d rights o[T,%ay, A.No person, after First be ng wanted by a tar; sons seeking money by offering to open car doors or rcluding sdewa'ks and parkways, as defined in enforcement officer, or where a sign or signs have locate parking spaces edion t4.16.010 of the Palm Spnngs Municipal been posted in accordance with this s2cllon, shell G.me Council Is one cling Ibis Ordinance pursuant Dode loiter, stand, ell, on Ile in or upon any put"C street, to its police power, as provided in the City Charter park,of pubr c area so as to hlr.der,inconvenienoe' and as generally mvidad ender Section 68-858 of ERSON 3.PROPERTY CAMPING AND STORAGE OF or obsbuG the free passage of pedestrians or veh!- g p 'ERSONAL PROPERTY cles fureon;nor shah any person h3ode,phstrucl or the appropriate to because sit Code.laws lavr is City prevent;he free access to tie entrance of any build and appmpdata because current laws and City mg- prevent are insufficient to address the a!oremen A.Purpme. !rig open to rho public• i honed p•rpb`cros. B.Sons posted as provided in this Sects shall inn- D.This ordinance is not intended to Jim Iany pamans The public streets,Paris,and public areas within the form,to Inc+ollcvc rig requirements: from exercis rig their cons lllullonal right to siLCk �.lyshou[d b;read ty accessible and ava,lab'e to res (11 Each sign shall not be less than eighloen(1 a} tends, pfckel, protest, or engage in ol'ner consfilu- dents and the public at large.Thelma of the-•=_areas inches bq!wenty four(24).nches: licnally protected activity. Rather, its oast is[S pro or camping parposas or storage d personal proper- (2) Colors of such signs shall be optional; led citizens fmm the fear and Intimidation aa:ompa ty lnlerf=_res wile Ill fights a;o[ners to use t..e areas I flying certain Inds of aclwdids in the parks,s;mals, or which they mere intended.The pu rpgse of tits 13) All signs shall h=_ clearly v.s ale;to persons m.d pub'ic areas of Ine City that have oecoma an pro e s and areas valhwn In restricted locations; Section is to mainlam blic sL.'e 7 uray'elcome and overwhelming presence In The City. hu city to a clean and across---candifmn. 1(4) Signs shall nave [h word "yJARN1ING" SECTION 12.Ten days prior to the eXPlation Of this B.Unlawful Can?ing. not less than tho(2)inches in helot[,and all Interim urgency Ordinance,and any extension there.I other lettering shall be at lead live efghlhs Of, lh=_ City Council shall issue a •:hn[len report It shall he unlawful for any person 10 camp,occupy (affi)inches,n height; descflb'ng the measures vmlch the City has taken lu camp fas libes, or use camp pamphefnaia in on (5) Signs shalt be posted Avery one address the candilipns which led to Gee adop'iwh of any street, park, pu6':c parking lair or public area, Improved or unlriprored. hundred(IW feel;and I this Ord nance cr any exter,s.on. C.Sngrage of Parsdnal Property in Put!c Place (6) True fo;lowing wording shall appear an each SECTION 13.This interim urgency ordinance shall - sign Ilake effect Immedi alsly upon his adoption by a tour (1) It shall be unlawful for any person to deposit or ' fBhs (415) vote ofthe City Councl. Thls Interim shore any rrlovab � le or immovable abject of a kind "WARNING I Unreasonable O6shu Hion o1 pedis[dan 1raFiic In urgency end:Hance shall osn;irnre in effect for forty- or character whalsoaver,lnclud ng bu;not limited to this area by persons IoFiering,standing,sitting,or Five(45)days imm the date of its adoption and shall camping fadiums and camping paraplharnalla, upon lying is pmhibiled arld pumshablei as a thereafter he of no further force and effect unless, any dress, park, public parking lot, or public_area, mwsdemaanor. I after police pursuant to California Govsrnment Code improved or tin reproved.except as expressly author- PS:.1C Section 11.44.080"f Se chart 66ri90 and a public hearing,tha City Council !zed under The peormons of the Palm Springs extends Ibis interim urgency ordinance for an add!- i'unicipalCcde. .I tlonal period of time pursuant 10 Calltornia (2) Any object installed, placed, or deposited in C.This Section 7 of this Ordinance shall be deemed Government Code 980r.D r 6535a. vicla!!on al this subsection shall be Summarily an amendment to Section 11 44.060 : the Palm SECTION 14, It any secran, subsection, svbcivi. removed by City personnel and turned over to the Spn-,gs Municipal Code. siin, paragraph,sentence, clause or phrase in this Giblet o1 Police for storage. The owner, if readily SECTION 8.ADDITIONAL ENFORCEMENT Ordinar ce or any pan thence;is for any reason,hold ascertainable,shall be prcmoLly notified Upon fa 1. POWERS � to be unconstitutional o:invalid,or ineffective by any ure of the cm.ner 10 calm such object and pay Coe court a; competent Ignsdldfon such r ison sha[I expenses of removal and slgrege within thirty (30) not affect the validity of Brfa:liveness of fha remain days ahor remcva', ;he ob;ect Shaii be deemed A. Power and amhody is hereby g uen to the Chty !rig portions of fnls Ord nonce or any part%ammo;. unclaimed property and shall be d sposed at In Nlenager„n the Oily Manager's ds.'ert , to e;=_ct p Pe y The City Council hereby declares that it would have accordance with the ovrspns of Section 11.76(160 and expel from any park any person vita shall via- pr passed !Ms Ordinance and each se Hion, subsec- -eL.seq.of the Farm Springs t4uniapal Cc de. la[� any of It:a provisions of Chapter 11?4 of the qon,subdivision,sentence,c ause and phrase there Palm Springs Municipal Cade or any other Ise,omi SECTION 4. AGGRESSIVE S011CTTATION of.m, subsech Of fine tact than achy one m more sec ,Hance,or rule Ina1 cosy be in effect cox'of may here tons,suG;ec[fOns,subdivisions,sentences.clauses ' A.It shall be unlavdul for any person to solicit rraney after be passed or adc.oted for the regulai!on and or phrases tra declared uncorshfullonal• or other Inings at value,or to Sol oI hie sale of Goads coy=_rr front of parks or of p:.blic areas in general.In Or serv[c=s add lion to the Ofcifary powers of surest or ci'ahc n, ADOPTED=.hi s 12,h day of July,2tl06. anner in a pub':c area: any peace officer an:orcir,g ary such'a'::or regula. f1) In an aggressi:x m Von shall 6e authorized, in lieu of arras[rig or col-.g 'MAYOR (21 In cry pubic tfan spartahon vehicle,orbits eta any violator ,n such officers o:s -bar., to si eject