HomeMy Public PortalAboutOrd. 03570
�- >
m W Q
J
Dz�
M
Q z 0 a a
U) WEE
W �mo3
W
JaZoz
a 3 w
Q �zz
> o
2 m
(� N d
m
1I
2
3
4
5
6
7
8
9
10
11
12
ORDINANCE NO. 3 557 ____
AN ORDINANCE OF THE INCORPORATED CITY OF LYNWOOD,
CALIFORNIA, PROVIDING FOR POSTING OF LANDS AND
OTHER PROPERTY; AND PROHIBITING TRESPASSING AND
LOITERING UPON OR NEAR POSTEDPROPERTY; AND PRO-
TECTING POSTEDPROPERTY FROM DAMAGE OR SABOTAGE;
AND FIXING PENALTIES FOR THE VIOLATION OF THE
ORDINANCE.
I CITY COUNCIL OF THE INCORPORATED CITY OF
LYNWOOD, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1.
The Mayor and City Council of the City of Lynwood, Calif -
lI ornia hereby declare that because of the recent declaration of war
between the United States of America and the Empire of Japan, and
13 'I
because of the City of Lynwood being peculiarly located within the
14
l area of defense industries, and because of the danger of sabotage
15
from foreign enemies and other enemies of the government of the
16 1 1
United States, all of which constitutes an immediate and present
17
danger and urgency for the immediate preservation of the public
18
peace, health and safety of the people and the property of the in-
19
corporated City of Lynwood, California, the City Council of said
20
City of Lynwood does hereby declare an emergency to exist, and enact:
21
this ordinance as an emergency measure and declares that it shal
22
become effective Immediately upon its passage and approval and pub 1.
23 cation once in the "Lynwood Press,' herein designated as the newspap
24
of publication for this ordinance.
25 Section 2.
26 j
I Any building, personal property, fixtures, public utility,
27
land or premises within the corporate limits of the City of Lynwood,
28
Calif ornia, may be posted against trespassing or loitering in the
291 manner as hereafter provided in this ordinance, applicable to "Poste
30
property."
31
32
-1-
°
m ;Q�
> >za
W
C3 °
Q z o Q Q
N 0 W o f
W m ° w
J Q Z ° z
° 3 w
Q �zz
X a, J=
L] N a
m
1
2
4
5
6 I 7
8
9
10
11
12
13
Section 3.
Any person, firm, corporation, governmental agency, city
or department thereof, or any instrumentality having possession or
control of any industry, business, premises, or property or public
utility within the corporate limits of the City of Lynwood, Calif-
ornia, may post the same by placing substantial signs not less than
one square foot in area, displaying prominently in addition to such
other information as may be desirable, the words "Trespassing or
Loitering - Forbidden by Ordinance" in legible letters not less than
two inches in height.
The posting of premises above referred to may be made as
If ollows:
14 (a) Any property, if it be not enclosed within a fence
15 and if it be of an area not exceeding one (1) acre, and if it have
16 no lineal dimension exceeding one (1) mile, by posting "Trespassing
17 or Loitering - Forbidden by Ordinance" signs at each corner of the
18 so posted and at each entrance thereto;
191 (b) Any property, if it be not enclosed within a fence
20 and if it be of an area exceeding one (1) acre, or if it contain
21 1 any lineal dimension exceeding one (1) mile, by posting "Trespassing
22 or Loitering - Forbidden by Ordinance" signs along or near the ex-
23 terior boundaries of the area so posted at intervals of not more tha
24 100 feet, and also at each corner thereof, and if such property have
25 a definite entrance or entrances thereto, at each such entrance.
26 (c) Any property, if it be enclosed within a fence and
27 if it be of an area not exceeding one (1) acre and if it have no
28 lineal dimension exceeding one (1) mile, by posting "Trespassing or
29 Loitering - Forbidden by Ordinance" signs at each corner of such
30 fence and at each entrance thereto;
31 (d) Any property, if it be enclosed within a fence and
32 if it be of an area exceeding one (1) acre or if it have any lineal
-2-
0
M W
J
7 Z �
� � PI
} m O
Y
Q Z o Q Q
N 0 w ❑ E
w� m �W
0
z
a
13 3 W
Q
_ Z Z
> o
2 m
U N a
m
iimension exceeding one (1) mile, by posting "Trespassing or Loiter -
Lng - Forbidden by Ordinance" signs on or along the line of such fe e
at intervals of not more than 100 feet and also at each corner there
of and at each entrance thereto;
( Any property, if it consists of poles or towers or
appurtenant structures for the suspension of wires or other conduc
tors for conveying electricity or telegraphic or telephonic messages,
by affixing upon two or more sides of such poles or towers "Tres
passing or Loitering
- Forbidden by Ordinance" signs, but such post
ing shall render only the pole or tower or appurtenant structure
"posted property;"
Ise or other personal property whatsoever,
(f) Any merchand
if segregated or piled on any p
remises, by attaching thereto or
affixing thereon "Trespassing or Loitering - Forbidden by Ordinance "I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
sign or signs;
(g) Any underground or overground pipe line or trans -
r thereovsr "Trespassing or
mission lin e, by posting thereunder o
Loitering - Forbidden by Ordinance" sign or signs every 100 feet
distant.
Section 4.
26
27
28
29
30
31
The following terms used in this ordinance shall, unless
the context clearly indicates otherwise, have the respective mean-
ings herein set forth, namely:
(a) The term "trespassing" as used in this ordinance
shall be understood to mean the willful going upon the lands or
premises of another, or the willful going upon or handling or in
any wise damaging the property
of another without having the writtel
consent of the party, person, corporation or agency in lawful
possession or control of said lands or premises or property,
when
such lands or premises or property shall have been posted as requir
3211 by this ordinance.
-3-
I s
2
3
(b) The term "loitering" as used in this ordinance shall
Abe understood to mean the willful hanging around or the unnecessary
4 lingering of any person within the immediate proximity of any land,
5j buildings, property or premises without the written consent of the
6 party in possession or control thereof, when such lands, buildings,
7 property or premises shall have been posted as required by this or-
8 dinance, and while the person hanging around or unnecessarily linger
9 ing in the proximity of said lands, buildings, property or premises
10 shall have in his or her possession any firearms or explosives or
11 incendiary materials or weapons or tools or other materials which
12 could reasonably be used for the purposes of destroying property,
13 of sabotage, or for disturbing the peace and quiet of the community;
o �
M v 14 (c) The term "posted property" as used in this ordinance
W < ID
>oWm 15 shall be understood to mean any property or premises or utility
No a< 16 posted with "Trespassing or Loitering - Forbidden by Ordinance" sign
w0m�W
� o
M Q ° 0 Z 17 (d) The germ "'Trespassing or Loitering - Forbidden by W a
Q J Z Z
CJ N�a 18 ante' sign" as used in this ordinance shall be understood to mean a
M
19 substantial sign affixed not less than three (3) feet nor more than
20 1 six ( 6 ) feet from the ground level at the place of posting, as spec
i
21 fied in this ordinance, which sign shall consist of wood, metal or
22 other substantial materials, with a face of not less than one (1)
23 square foot in area and upon which, in letters not less than two
24 (2)inches in height, either black against a white background or
25 white against a black background,appear the words "Trespassing or
26 Loitering - Forbidden by Ordinance."
27 (e) The term "posted boundary" as used in this ordinance
28 shall be understood to mean a line running from "Trespassing or
29 Loitering - Forbidden by Ordinance" sign to Trespassing or Loitering
30 - Forbidden by Ordinance sign upon the same premises; and such line
31 nest not conform to the legal boundaries or legal description of any
32 lot, parcel or acreage of land, but only the area within the "posted
-4-
0
M
> >zp
O tt m
W
} m a
N a
w °m °W
�Q,0
0 3 W
Q zz
2 mJ
(] m a
11
2
3
4 II
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
boundary" shall constitute "posted property" except as otherwise
provided in subsection (e) of Section 3 of this ordinance.
Section 5.
Every person is guilty of a misdemeanor who loiters about
or enters upon, on, or across any lands or premises, or who destroys'
or attempts to destroy or handles any merchandise or other personal
property or fixtures posted with the sign or signs "Trespassing or
Loitering - Forbidden by Ordinance," as specified in this ordinance,
without the written permission of the owner or party in possession
or control of said premises or property. Every person who so loiter:
about such "posted property" or who so enters upon such "posted
property" without such written permission is guilty of a separate
offense for each day during any portion of which he shall loiter
about or enter into, upon, on or across or remain upon such "posted
property."
Section 6.
Every person shall be guilty of a misdemeanor who, with-
out authority, tears down, defaces or destroys any "Trespassing or
Loitering - Forbidden by Ordinance" sign, posted under the provisionf
of this ordinance.
Every person shall be guilty of a misdemeanor who loiters
in the immediate vicinity of any "posted property" posted with
"trespassing or Loitering - Forbidden by Ordinance" sign or signs.
Section 7.
This ordinance does not apply to any entry upon property
T or premises in the due course of duty of any peace officer, nor to
any person traversing an established and existing public sidewalk,
street, highway, or other public thoroughfare.
Section 8.
It is further provided that no public waiting room, dining
room, office or other portion of any structure or premises to which
-5-
1
2 l i
4
5
6
7
8
9
10
11
12
20
21
22
23
24
2°
21
2'
2
2
0
;he general public access is required in the normal use and operatio
thereof, or where materials are delivered to or received by the pub-
Lie, shall be so posted.
section 9.
The violation of any of the provisions of this ordinance
is punishable by a fine not exceeding three hundred dollars ($300.00
or by imprisonment in the city jail not exceeding three (3) months
or by both such fine and imprisonment.
Section 10.
If any provision of this ordinance or the application
thereof to any person or circumstance is held to be invalid, the re-
mainder of the ordinance and the application of such provision to
other persons or circumstances shall not be affected thereby.
If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be unconstitutional or in-
valid, such decision shall not affect the validity or constitution
ality of the remaining portions of this ordinances.
The City Council of the City of Lynwood, California hereby
declares that it would pass this ordinance and each section, sub-
section, sentence, clause or phrase, irrespective of the fact that
one or more of the sections, subsections, sentences, clauses or
phrases thereof be declared unconstitutional or invalid.
section 11.
c The City Clerk shall certify to the passage of this ordin-
i
to its signature by the Mayor, to its atte
ance by the City Council,
7 tation by the City Clerk, and shall cause this ordinance to be pub -
8 lished in the "Lynwood Press, ' a newspaper of general circulation,
published and circulated in the City of Lynwood, California, as by
9
0 law required.
PASSED AND ADOPTED this 16tt - day of December, 1941.
.1
12 AT �_ _. ate y o y oo orn a
U'f - t - yClark o City or ynwoo a f
(SEAL)
13
°
14
M ID
n '
15
,m°�
Qz oaa
W ❑
16
W k in o W
°
a Z ° Z
17
° 3 w
Q J Z Z
}
T_ 3:
L] U N d
m
19
20
21
22
23
24
2°
21
2'
2
2
0
;he general public access is required in the normal use and operatio
thereof, or where materials are delivered to or received by the pub-
Lie, shall be so posted.
section 9.
The violation of any of the provisions of this ordinance
is punishable by a fine not exceeding three hundred dollars ($300.00
or by imprisonment in the city jail not exceeding three (3) months
or by both such fine and imprisonment.
Section 10.
If any provision of this ordinance or the application
thereof to any person or circumstance is held to be invalid, the re-
mainder of the ordinance and the application of such provision to
other persons or circumstances shall not be affected thereby.
If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be unconstitutional or in-
valid, such decision shall not affect the validity or constitution
ality of the remaining portions of this ordinances.
The City Council of the City of Lynwood, California hereby
declares that it would pass this ordinance and each section, sub-
section, sentence, clause or phrase, irrespective of the fact that
one or more of the sections, subsections, sentences, clauses or
phrases thereof be declared unconstitutional or invalid.
section 11.
c The City Clerk shall certify to the passage of this ordin-
i
to its signature by the Mayor, to its atte
ance by the City Council,
7 tation by the City Clerk, and shall cause this ordinance to be pub -
8 lished in the "Lynwood Press, ' a newspaper of general circulation,
published and circulated in the City of Lynwood, California, as by
9
0 law required.
PASSED AND ADOPTED this 16tt - day of December, 1941.
.1
12 AT �_ _. ate y o y oo orn a
U'f - t - yClark o City or ynwoo a f
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ss-
CITY OF LYNVJOOD )
I, the undersigned, City Clerk of the City of
Lynwood, California, do hereby certify that the above
and foregoing Ordinance was duly adopted by the City
Council of said City at a ----------- - - - - -- regular
meeting thereof held in the City Hall of said City,
on the 1 th day of December , 194 1 and
passed by the following vote:
AYES: COUNCILMEN: Christensen, Lake, Zimmer
NAMIMM
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None