HomeMy Public PortalAboutCity Council_Ordinance No. 24-1075_Enforcement of municipal code violations, and due process to enhance public safety, health, and welfare_2/20/2024_RegularORDINANCE NO. 24-1075
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY, CALIFORNIA, AMENDING
PROVISIONS OF THE TEMPLE CITY MUNICIPAL CODE
TO COMPLY WITH STATE LAW, IMPROVE CITY
ENFORCEMENT OF MUNICIPAL CODE VIOLATIONS,
AND DUE PROCESS, AND TO ENHANCE PUBLIC
SAFETY, HEALTH, AND WELFARE
WHEREAS, City of Temple City ("City") is authorized by the California
Constitution, Article XI, Section 7 to make and enforce within its limits all local, police,
sanitary and other ordinances and regulations not in conflict with general laws and that
serve and protect the health, safety or welfare of the public; and
WHEREAS, the City finds and declares that the current provisions of the Temple
City Municipal Code ("TCMC") do not adequately provide the enforcement tools to
enable the City to address the current quality -of -life problems facing the community,
requiring amendments to the TCMC to protect public peace, health, and safety; and
WHEREAS, changes in state and federal statutes and case law require updates
to the TCMC in order to comply with changes in the law; and
WHEREAS, the preservation of City community safety, health, welfare,
aesthetics and character requires amendments to the TCMC to regulate and provide for
enforcement of behaviors and conditions that negatively impact community health,
safety, and welfare, as well as public space; and
WHEREAS, Government Code Section 38771 authorizes the City to declare
what constitutes a public nuisance; and
WHEREAS, Government Code Section 38772 authorizes the City to provide for
the abatement of graffiti in the City, as well as penalties for such nuisance and a method
to recover costs of graffiti abatement; and
WHEREAS, the City lacks adequate enforcement tools in the TCMC to protect
public and private property from acts of vandalism and defacement and acts of
vandalism and damage to public property harms the community by harming property
owners and attracting nuisances; and
WHEREAS, aggressive panhandling in the City scares citizens and makes
people less likely to patronize the City's shopping districts; and
WHEREAS, the public streets and areas within the City should be readily
accessible and available to residents and the public at large and the use of these areas
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for camping purposes or storage of personal property interferes with the rights of others
to use the areas for which they were intended; and
WHEREAS, recent court decisions have impacted the City's ability to prosecute
unlawful camping and storage of personal property in public places and requires the
City to revises the TCMC; and
WHEREAS, the City is experiencing problems with quality of life issues including
loitering, possession of open alcoholic containers, theft of catalytic converters, public
urination and defecation, and trespassing; and
WHEREAS, the proposed Ordinance is based on best practices and lessons
learned from other jurisdictions, including the cities of Duarte and San Gabriel; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have
occurred.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS
AS FOLLOWS:
SECTION 1: AMENDMENT. Chapter 4-2G (Graffiti) of the TCMC is amended
as follows, with additions in underline and deletions in strikethrough. All other contents
of this chapter will remain unchanged.
4-2G-5: VIOLATION; PENALTY:
Willful violation of this article is declared unlawful and shall constitute a misdemeanor,
punishable by a fine of not to exceed five hundred dollars ($500.00), or imprisonment
not to exceed six (6) months, or both. Every day of such violation shall constitute a
separate offense. Upon entry of a second or subsequent civil, administrative, or criminal
judgment within a two-year period finding an owner of property, minor, or other person is
responsible for a violation of this chapter, the city shall be entitled to treble damages
pursuant to Government Code section 38773.7.
The city council may, in its sole discretion, by resolution, establish a reward for
information leading up to the identification, apprehension and conviction of any person
who violates this chapter. Said resolution may require that the offender reimburse the
city for any reward paid, and place responsibility for reimbursement upon the parent(s)
or legal guardian(s) of any minor so convicted.
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4-2G-6: PARENTAL LIABILITY:
Pursuant to California Civil Code section 1714.1(b) and Government Code section
38772, each parent or legal guardian having custody and control of a minor who places
graffiti on any public or privately owned structure, building, or property, including natural
and manmade objects within the city, shall be jointly and severally liable with such minor
for any and all costs incurred in connection with the removal of any graffiti caused by
the minor, including all abatement costs, attorneys' fees, court costs, removal costs,
costs of repair and/or replacement, and the law enforcement costs incurred by the city
in identifying and apprehending the minor. The liability of each parent or guardian shall
not exceed the amount set by the California Judicial Council in accordance with
California Civil Code Section 1714.1(c). Such liability shall be a personal obligation of
each parent or guardian and shall constitute a lien or special assessment on property
owned by each parent or guardian pursuant to Section 4-2C-19 of this Code. The city is
authorized to initiate legal action to enforce this section, or to recover these costs by
any other means provided by law. Disposition of a criminal prosecution relating to
placement of graffiti does not preclude the city from seeking full cost recovery as
provided herein.
4-2G-7: LIABILITY OF NONMINORS:
Pursuant to Government Code section 38772, any person who places graffiti on any
public or privately owned structure, building, or property, including natural and
manmade objects within the city, shall be personally liable for any and all costs incurred
in connection with the removal of any graffiti caused by that person, including all
abatement costs, attorneys' fees, court costs, removal costs, costs of repair and/or
replacement, and the law enforcement costs incurred by the city in identifying and
apprehending the person. Such liability shall be a personal obligation and shall
constitute a lien or special assessment on property owned by such person pursuant to
Section 4-2C-19 of this Code. The city is authorized to initiate a legal action to enforce
this section, or to recover these costs by any other means provided by law.
SECTION 2: ADDITION. Section 4-2H (Vandalism and Damage to Public
Property) is added to the TCMC to read as follows. The existing Section 4-2H (Aerosol
Spray Paint and Marking Pen Regulations) and subsequent sections are renumbered as
follows: 4-21 (Aerosol Spray Paint and Marking Pen Regulations); 4-2J (Vacant and
Abandoned Property); 4-2K (Pool Maintenance For The Reduction of Mosquito
Breeding); 4-2L (Vacant Property Landscaping and Maintenance).
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4-2H-1 VANDALISM
(a) Property -defacing or injuring private buildings or fixtures. It
is unlawful for any person to deface, mar, break, or in any way destroy or injure any
portion of any private real or personal property within the city not his or her own.
(b) Property -defacing or injuring public buildings or fixtures. It
is unlawful for any person to deface, mar, break or in any way destroy, or injure any
portion of any public building, or the fixtures or contents thereof, which building is owned
by the city.
(c) Penalties for violation. Any and all violations of this section shall be
punishable either as an infraction or a misdemeanor, at the discretion of the City
Attorney.
4-2H-2 DAMAGE TO PUBLIC PROPERTY
(a) Any person, or the agent of any person, who negligently, carelessly,
accidently, or in any manner causes any damage to any property of the city shall report
such damage within 24 hours to the City Manager.
(b) Such report shall set forth the date, time, and place where the
damage was sustained and the names of any persons who witnessed the damage,
together with the nature and extent of such damage.
(c) Any person who fails or neglects to make such report within the
time set forth shall be guilty of a misdemeanor.
SECTION 3: AMENDMENT. Section 3-4A-14 (Reserved) of the TCMC is
amended as follows, with additions in underline and deletions in strikethrough. All other
contents of this section will remain unchanged.
3-4A-14: AGGRESSIVE PANHANDLING:
(a) It shall be unlawful for any person to engage in
any aggressive panhandling on any public property, including any city park, city building,
and public street, highway, sidewalk, or public right-of-way.
(b) This section does not apply to charitable or religious solicitations
that is not aggressive, as defined in this section and covered by Chapter 4-6.
(c) This section does not apply to protected speech activities or other
activity protected by law.
(d) "Aggressive panhandling" means any of the following:
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Approaching or speaking to a person, or following a person before, during or after
soliciting, if that conduct is likely to cause a reasonable person to:
(A) Fear bodily harm to oneself or to another, damage to
or loss of property, or
(B) Otherwise be intimidated into giving money, goods, or
other things of value;
Intentionally touching or causing physical contact with another person or an occupied
vehicle without that person's consent in the course of soliciting, asking or begging;
Intentionally blocking or interfering with the safe or free passage of a pedestrian or
vehicle by any means, including unreasonably causing a pedestrian or vehicle operator
to take evasive action to avoid physical contact in the course of soliciting, asking or
begging;
Using violent or threatening gestures toward a person before, during or after soliciting;
or
Persisting in closely following or approaching a person, after the person solicited has
been solicited and informed the solicitor by words or conduct that such person does not
want to be solicited or does not want to give money or any other thing of value to
the panhandler.
(e) Definitions. "Panhandling" means to ask for or solicit money,
property, or other favor, regardless of value.
(f) Each and every violation of this Section, shall constitute a separate
violation, a public nuisance, and shall be subject to all remedies and enforcement
measures authorized by this Code.
SECTION 4: AMENDMENT. Chapter 4-7 (Loitering) of the TCMC is amended
as follows, with additions in underline and deletions in strikethrough. All other contents
of this section will remain unchanged.
4-7-1: Loitering:
A person shall not loiter or stand in or upon any public highway, alley, sidewalk or
crosswalk or other public way open for pedestrian travel.
Obstructions by crowds: dispersal. Whenever the free passage of any public highway,
alley, sidewalk or crosswalk or other public way open for pedestrian travel shall be
obstructed by a crowd, the persons composing such crowd shall disperse or move on
when directed to do so by any law enforcement officer or city official.
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Loitering and obstruction of public property. No person shall loiter or stand in, sit upon or
lie or sleep in or upon any public highway, alley, sidewalk, crosswalk or any other public
way, or otherwise occupy any portion thereof in such a manner as to unreasonably
annoy or molest any pedestrian thereon, or as to obstruct or unreasonably interfere with
the free passage of pedestrians or motor vehicles, or unreasonably interfere with the
use in the customary manner of such public highway, alley, sidewalk, crosswalk or other
public way open to the public.
Loitering and obstruction of private property. No person or persons shall stand, sit,
linger, idle, or loiter on any public property, or in or about the entrance or exit of any
business establishment, either on foot or in an automobile or other vehicle, in such a
manner as to obstruct or hinder the free passage of persons through such public
property, or obstruct or hinder persons entering and exiting from any business
establishment, or in such a manner as to create a health or safety hazard for the
community or for the patrons of such public place. No person in violation of this
prohibition shall refuse or fail to disperse or move on when directed to do so by a police
officer or other city employee.
Improper Use of City Facilities. No person shall walk, stand, sit, or Iie upon any
monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, fire
hydrant, street -tree planter, utility cabinet, railing, fence, planter, or upon any other
public property not designed or customarily used for such purposes.
The provisions of this section do not prohibit a person from sitting upon a public
highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel if:
(a). Necessitated by the physical disability of such person.
(b). Viewing a legally conducted parade; or
(c). On a bench lawfully installed for such purpose
Violation: penalty. It is unlawful for any person to violate any provision or to fail to
comply with any of the requirements of this section. A violation of any of the provisions
of failing to comply with any of the mandatory requirements of this section shall
constitute a misdemeanor; except that notwithstanding any other provision of this
chapter, any such violation constituting a misdemeanor under this section may, at the
discretion of the City Attorney or the citing officer on the scene, be charged and
prosecuted as an infraction.
SECTION 5: AMENDMENT. Chapter 4-10 (Camping and Storage of Personal
Property) of the TCMC is amended as follows, with additions in underline and deletions
in strikethrough. All other contents of this section will remain unchanged.
4-10-1: DEFINITIONS:
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Unless the particular provisions or the context otherwise requires, the definitions
contained in this section shall govern construction, meaning and application of words
and phrases used in this chapter.
ABANDONED PERSONAL PROPERTY: Any personal property that the owner
surrenders, relinquishes, or disclaims, or, to a reasonable person, appears to
be personal property that the owner surrenders, relinquishes, or disclaims.
CAMP: To pitch or occupy camp facilities; to live temporarily in a camp facility or
outdoors; to use camp paraphernalia.
CAMP FACILITIES: Include, but are not limited to, tents, huts or temporary shelters.
CAMP PARAPHERNALIA: Includes, but is not limited to, tarpaulins, cots, beds, sleeping
bags, hammocks or noncity designated cooking facilities and similar equipment.
PARK: The same as defined in section 3-5A-0 of this code.
PERSONAL PROPERTY: Tangible personal belongings. Tangible personal belongings
include any movable or tangible thing that is subject to ownership; property that can be
seen, weighed, measured, felt, or touched, such as tents, tarpaulins, bedding, sleeping
bags, carts, hammocks, household items, luggage, backpacks, cooking utensils, money,
legal or prescribed medication, documents, clothing, and books. Personal property
encompasses both camp facilities and camp paraphernalia.
PUBLIC AREA: Includes all property that is owned, managed or maintained by the city
and shall include, but is not limited to, any street, alley, park, public right-of-way,
recreational area, any place open to the public view or other place to which the public
has access.
PUBLIC PROPERTY: Any building, parking structure, parking lot, utility lot, right-of-way,
park, or space, owned or maintained by the city, the County of Los Angeles, the
State of California, the United States government or other public entity.
RIGHT-OF-WAY: The surface and space in, on, above, through and below any
real property in which the city has a legal or equitable interest, whether held in fee or
any other estate or interest, or as a trustee for the public, including, but not limited to,
any street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, curb,
parkway, river, tunnel, viaduct, bridge, public easement, or dedicated easement.
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STORE: To put aside or accumulate for use when needed, to put for safekeeping, to
place or leave in a location.
STREET: The same as defined in Section 3-4A-0 of this code.
UNATTENDED: No person is present with the personal property who asserts or claims
ownership over the personal property. Conversely, property is considered "attended" if
a person is present with the personal property and the person claims ownership over
the personal property.
UNCLAIMED PERSONAL PROPERTY: Any personal property that is within the
custody of the city and that has not been claimed within a period of ninety days by its
owner or finder.
4-10-2: UNLAWFUL CAMPING:
(a) It shall be unlawful for any person to camp, occupy camp facilities
or use camp paraphernalia, in the following areas, except as otherwise provided:
1. Any park;
2. Any street;
3. Any public parking lot or public area, improved or unimproved.
(b) Personal use of private residential property for camping may only
be by the property owner or by others with the owner's written consent and without any
form of compensation.
Such use shall not exceed seven consecutive days in duration, except during the period
between Memorial Day and Labor Day when such use shall not exceed 14 consecutive
days in duration.
Camping may not occur more than four times per calendar year.
A minimum of 14 days is required between each camping period.
(c) The prohibition set forth in this section does not apply to:
Camping on public or private property pursuant to a permit issued by the city; and
Day use for lawful activities on public property pursuant to a permit issued by the city.
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(d) In addition to any other applicable requirements of the Temple City
Municipal Code, camping pursuant to this section shall comply with all of the following
operational requirements pertaining to camping:
Portable restrooms with toilet facilities must be provided and accessible to campers on
the private property and must comply with the California Plumbing Code. Restrooms at
city -owned parks do not qualify for use by campers on private property.
Trash receptacles sufficient for the number of campers must be provided.
The private property where camping occurs must be kept in a clean and sanitary
manner.
Trash and debris must be removed when camping ceases and must be disposed of in
trash receptacles.
Any outdoor storage of camping paraphernalia shall not be permitted when not in use
by campers.
Within the jurisdiction of the city, no permanent structures shall be permitted in the
floodplain, including, but not limited to, fencing.
Any use or placement of electrical cords shall be above the floodplain and/or not
OM exposed, if applicable, and no dangerous condition should be present.
All parking shall be on paved surfaces only.
(e) Notwithstanding any other provision of this chapter, camping shall
not be permitted where such use violates any provision of this Code or state law.
(f) Enforcement. Law enforcement officers shall not enforce
this camping section when the individual is on public property and there is no available
overnight shelter.
The term "available overnight shelter" is a public or private shelter, with an available
overnight space, for an individual experiencing homelessness, at no charge.
City staff or their designee shall initiate contact with the shelters to determine whether
the shelters have available space and, if so, the number of available sleeping spaces.
Prior to issuing any citation, city staff or their designee shall also confirm that a shelter
has available space that can be utilized by that particular individual. No city staff or law
enforcement officer shall issue a citation to a homeless person sleeping, lying, sitting,
or camping outdoors unless the city staff or law enforcement officer first confirms the
shelter has available space that can be utilized by the individual.
,..., (g) Penalty. It is unlawful for any person to violate any provision or to
fail to comply with any of the requirements of this section. A violation of any of the
provisions of failing to comply with any of the mandatory requirements of this section
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shall constitute a misdemeanor; except that notwithstanding any other provision of this
chapter, any such violation constituting a misdemeanor under this section may, at the
discretion of the City Attorney or the citing officer on the scene, be charged and
prosecuted as an infraction.
4-10-3: STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES:
It shall be unlawful for any person to store, dump, place, or deposit personal property,
including camp facilities and camp paraphernalia, in the following areas, except as
otherwise provided by resolution of the city council:
A. Any park, yard, building setback, vacant land, open space, park, or any other area
open to, accessible to, or controlled by the public;
B. Any street;
C. Any public parking lot or public area, improved or unimproved, including sidewalks,
alleys, and bus stops.
D. Personal property stored in violation of this section is subiect to impoundment and
disposal as provided in this chapter.
4-10-4: NOTICE, IMPOUND, RECLAMATION, AND DISPOSAL PROCESS:
(a) Anv personal property identified by any law enforcement officer,
code enforcement officer, or the city manager or designee, that is unattended or stored
in violation of this chapter may be seized, impounded, and stored in accordance with
the following procedure:
(b) Pre -removal notice: Pre -removal notice will be deemed as provided
if a written notice is provided to the person who is storing or claims ownership of the
personal property, or is posted conspicuously on or near the personal property. The
notice shall contain the following:
removed:
removed:
(A) A general description of the personal property to be
(B) The location from which the personal property will be
(C) The date and time the notice was posted;
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(D) A statement that the personal property is being stored
in violation of this code;
(E) A statement that the personal property will be
removed and impounded if not removed within twenty-four or forty-eight hours;
(F) A statement that moving the personal property to
another location in the public area will not constitute a removal of the personal property;
(G) The contact information for any city official or
designee to answer questions regarding the stored personal property, including claiming
such property; and
(H) A statement warning the owner that the personal
property may be discarded if not claimed within ninety days of removal.
(c) Twenty-four/forty-eight hour pre -removal notice: Any personal
property stored in any right-of-way will be subject to removal twenty-four hours after the
pre -removal notice is posted. Any personal property stored in any prohibited area not in
a right-of-way will be subject to removal forty-eight hours after the pre -removal notice is
posted.
(d) Post -removal notice: Upon removal of personal property stored in
violation of this chapter, written notice of the removal and impoundment of the personal
property shall be conspicuously posted in the area where the personal property was
removed or provided to the owner of the personal property. The written notice shall
contain the following:
removed;
was removed;
violation of this code;
(A) A general description of the personal property
(B) The date and approximate time the personal property
(C) A statement that the personal property was stored in
(D) The location where the removed personal property
can be retrieved, including the address, telephone number, and an internet website
address, if available, from which the owner may obtain information as to the removal
and reclamation of the personal property; and
(E) A statement that the personal property may be
discarded if not reclaimed within ninety days of the removal and impoundment.
�► (e) The owner of personal property that has been removed and
impounded will be permitted to retrieve the impounded personal property.
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(a) The owner of impounded personal property is permitted to
reclaim their personal property by contacting the city through
one of the contact methods provided in the pre -removal and
post -removal notices to make arrangements for the retrieval of
their property.
(b) The owner of the personal property may repossess the personal
property upon submitting satisfactory proof of ownership during
the ninety day holding period. A person may establish ownership
by, among other methods, describing the location where the
personal property was found and providing a specific and
detailed description of the personal property, and providing valid
proof of identity if that is required to determine ownership. If
ownership cannot be determined to the satisfaction of the city
manager or designee, they may refuse to return the personal
property until ordered to do so by a court of competent
jurisdiction: however, the city shall continue to hold the personal
property until such a determination is made.
(c) Reasonable accommodations will be made if the owner of
impounded personal property is unable to reclaim their personal
property within the ninety day period provided in this chapter.
(f) The city may impound personal property seized in any manner
designed for safe keeping of such personal property.
(g) After the passage of ninety or more days, the property may be
appropriated to the city for the city's use upon order of the city manager or designee, or
the city may dispose of unclaimed personal property. The city shall not be required to
undertake any search for, or return, any impounded personal property stored for longer
than ninety days. The city shall maintain records of the dates impounded personal
property was removed and discarded.
4-10-5: EVIDENCE OF CRIMES, CONTRABAND, AND HAZARDOUS WASTE:
(a) Section 4-10-4 does not apply to any personal property that
constitutes evidence in a crime, such as weapons, ammunition, controlled substances,
stolen property, or any other property which constitutes evidence of a crime, and
such property may be seized without notice. The nature of the property and its location
will be documented, and possession of such property may be transferred to local law
enforcement for processing and investigation.
(b) Section 4-10-4 does not apply to any unattended personal property
which presents an immediate threat to public health or safety, is contraband, is
hazardous waste, or which clearly constitutes waste, refuse or trash, and may be
disposed of without notice.
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(c) Section 4-10-4 does not apply to any unattended personal property
that is reasonably believed to be intentionally abandoned or discarded, or reasonably
believed to be trash, refuse, waste, litter, junk, debris, detritus or rubbish, and such
property may be disposed of without notice.
(d) Section 4-10-4 does not apply to any medical waste, including, but
not limited to, syringes, medical waste, medical cutting instruments, or any items whose
cleanliness or condition of sanitation pose a threat to the health and safety of individuals
in contact with such material.
4-10-6: COSTS OF SEIZURE AND DISPOSAL:
The city may require the owner of impounded personal property to pay the
reasonable costs of storage of such personal property seized pursuant to this chapter.
The owner of impounded personal property may submit a request for a waiver of such
costs due to a financial hardship. Payment of any reasonable costs pursuant to this
chapter is not a prerequisite for the return of impounded personal property.
SECTION 6: ADDITION. Section 4-6B-18 (Open Container) is added to the
TCMC to read as follows.
Section 4-6B-18: Open Container
(a) No person who has in his or her possession any bottle, can or other
receptable containing any alcoholic beverage which has been opened, or a seal broken,
or the contents of which have been partially removed, shall enter, be, or remain in any
public area, including, but not limited to, any roadway, sidewalk, parking lot, or on the
posted premises of, including the posted parking lot immediately adjacent to, any retail
package off -sale alcoholic beverage licensee licensed pursuant to State law, or on any
area immediately adjacent to the licensed and posted premises, or on the premises of,
or immediately adjacent to, any business not licensed to sell or consume alcoholic
beverages.
(b) As used in this section, "posted premises" means those premises
which are subject to licensue under any retail package off -sale beverage license, the
parking lot immediately adjacent to the licensed premises and any public sidewalk
immediately adjacent to the licensed premises on which clearly visible notices indicate
to the patrons of the licensee and the parking lot and to persons on the public sidewalk,
that the provisions of this section are applicable. This section does not apply to
possession of an alcoholic beverage on -site of a properly licensed facility in compliance
with State law.
SECTION 7: ADDITION. Section 4-1A-15 (Possession of Catalytic Converters)
is added to the TCMC to read as follows.
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4-1A-15: Possession of Catalytic Converters
(a) It is unlawful to possess any catalytic converter that is not attached
to a vehicle unless the possessor has valid documentation or other proof to verify they
are in lawful possession of the catalytic converter.
(b) For purposes of this section, "lawful possession" includes being the
lawful owner of the catalytic converter, the vehicle from which it came, or in possession
of the catalytic converter with the lawful owner's written consent. It is not required to
prove the catalytic converter was stolen to establish the possession is not a "lawful
possession."
(c) For purposes of this section, "documentation or other proof' means
written document(s) that clearly identify the vehicle from which the catalytic converter
originated and includes but is not limited to the following document types: bill of sale
from the original owner identifying the catalytic converter, documentation from an auto -
body shop proving the owner relinquished the catalytic converter to the auto -body shop,
verifiable electronic communication from the previous owner to the possessor
relinquishing ownership of the catalytic converter, vehicle registration associated with
the catalytic converter containing an etched associated license plate number or vehicle
identification number. The validity of documentation or other proof is based on the
totality of the circumstances.
(d) Each and every violation of this chapter, including
each catalytic converter that is unlawfully possessed, shall constitute a separate
violation, a public nuisance, and shall be subject to all remedies and enforcement
measures authorized by this code.
SECTION 8: ADDITION. Chapter 4-2C (Public Nuisances) of the TCMC is
amended as follows, with additions in underline and deletions in strikethrough. All other
contents of this section will remain unchanged.
4-2C-1: DEFINITIONS:
NUDE AND NUDITY: Exposure of the genitals, pubic area, anus, or buttocks with less
than a fully opaque covering; or exposure of a female breast below a horizontal line
across the top of the areola at the areola's highest point with less than a fully opaque
covering.
PUBLIC PROPERTY: Any property owned or controlled by the city, including, but not
limited to, any building, street, sidewalk, right-of-way, bike path, alley, parking lot, plaza,
park, playground, pool, body of water, open space or other place open to the public
owned or maintained by the city, the County of Los Anqeles, the State of California, the
United States government, or other public entity.
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4-2C-2: PROHIBITED PUBLIC NUISANCE CONDITIONS:
Nudity upon public property or upon any portion of private property that is visible
from public property.
This section shall not apply to children under the age of ten (10) years: the
exposure of a breast while breasffeeding a nursing child: nudity within a fully enclosed
structure intended to allow brief nudity, such as a bathroom, locker room, dressing
room, or changing room; as otherwise permitted by applicable law.
SECTION 9: ADDITION. Section 4-1A-18 (Urination and Defecation) is added to
the TCMC to read as follows.
4-1A-18 Urination and Defecation
It is unlawful for any person to urinate or defecate in a public place or publicly owned
property other than a restroom, or in a place open to public view, or upon the private
property of another without the consent of the owner or person in lawful possession.
Any violation of this chapter is a public nuisance that may be abated by any means
provided in this Code, including administrative citations, civil action and injunctive relief,
and is also punishable as provided in Chapter 1-2 of this Code.
SECTION 10: ADDITION. Section 4-1A-19 (Trespassing) is added to the TCMC
to read as follows.
4-1 A-19 Trespassing
(a) No person shall remain upon any private property or business
premises, after being notified by the owner, owner's agent, lessee, or by a peace officer
acting at the request of any of the above to remove themselves and their possessions
therefrom. For purposes of this section a lessee includes a tenant in lawful possession
of real property and a licensee.
(a) No person who, having been requested to leave private property
in the manner set forth above shall reenter the premises within
12 hours thereof without obtaining express permission from the
party who requested him to leave, or the lawful agent thereof.
(b) No person, without permission from the owner, owner's agent, or
lessee, shall enter upon the private property or business premises after having been
notified by the owner, owner's agent, or lessee to keep off or keep away therefrom.
01=4 (c) No person shall enter or remain upon posted private property
without the permission of the owner, owner's agent, or lessee of such posted property or
premises.
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(d) No person shall enter or remain upon any city property, building,
yard, parking lot, or other city owned or operated facility except during business hours,
or upon request or invitation of any city employee or agent acting within the capacity of
a city employee or agent, or after being informed by any city employee or a peace
officer acting on behalf of the city to remove themselves and their possessions
therefrom.
(e) Exceptions. This section shall not apply in any of the following
instances:
(a) Where its application results in a violation of law or where
preempted by law;
(b) Where its application would result in an interference with or
inhibition of lawful peaceful labor picketing or other lawful labor
activities;
(c) Where its application would result in an interference with or
inhibition of any other exercise of a constitutionally protected
right of freedom of speech such as (but not limited to) peaceful
expressions of political or religious opinions, not involving
dangerous or hazardous personal conduct;
(d) Where the person who is in or upon another's private property
or business premises is there under a legal right, including but
not limited to landlord -tenant disputes, marital disputes, child
custody disputes or visitation disputes; or
(e) Public camping, which is separately regulated by this code and
State law.
(f) As used in this section, "posted property" means any property at
each corner of which, at each entrance to which, a sign is posted three feet above
grade and said sign is composed of wood, metal or other equally substantial material,
the face of which is not less than one square foot in area, and upon which, in legible
letters not less than one inch in height, appear the words "PRIVATE PROPERTY -
NO TRESPASS." In addition, the sign may contain such other words as may be desired,
indicating that trespassers are subject to prosecution. Where the area of such property
exceeds one acre, the notice shall also be posted at multiple locations which are at
intervals of not more than three hundred feet along or near the boundaries thereof.
(g) The owner or responsible party of real property located within the
city may request continuing enforcement of this section in their absence. Such request
shall be made in writing to the Los Angeles County Sheriffs Office pursuant to that
office's procedures.
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(h) Each and every violation of this section, shall constitute a separate
violation, a public nuisance, and shall be subject to all remedies and enforcement
measures authorized by this code.
SECTION 11: ADDITION. Section 4-1A-20 (Fighting) is added to the TCMC to
read as follows.
4-1A-20 Fighting
It is unlawful for any person to engage in any physical fight, disorderly conduct, or
altercation with any other person on any public property or upon the premises of
another within the city, while in immediate physical possession or any concealed
firearm, knife, dirk, bludgeon, or other weapon.
Each and every violation of this section, shall constitute a separate violation, a public
nuisance, and shall be subject to all remedies and enforcement measures authorized by
this code.
SECTION 12: Severability. The City Council declares that, should any provision,
section; paragraph, sentence or word of this Ordinance be rendered or declared invalid
by any final court action in a court of competent jurisdiction, or by reason of any
1.1 preemptive legislation, the remaining provisions, sections, paragraphs, sentences and
words of this Ordinance shall remain in full force and effect.
SECTION 13: CEQA. The City Council finds that this Ordinance is not subject to
environmental review under the California Environmental Quality Act ("CEQA") because
the Ordinance is an activity that is excluded from the definition of a project by section
21065 of the Public Resources Code and Section 15378(b) of the State CEQA Guidelines.
The City Council also finds that the Ordinance is exempt from CEQA Guidelines Sections
15060(c)(2) and 15060(c)(3) because the activity will not result in a direct or reasonably
foreseeable indirect physical change to the environment. The proposed Ordinance
amendments and additions to the Municipal Code are organizational or administrative
activities of government which will not result in direct or indirect physical changes to the
environment.
SECTION 14: Certification and Publication. The City Clerk shall certify to the
passage and adoption of this Ordinance and to its approval by the Mayor and shall cause
the same to be published according to law.
IMO
PASSED, APPROVED, AND ADOPTED this _ day of February, 2024.
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1
Iliam Man, M.yor
ATTEST: APPROVED AS TO FORM:
45/? -7 ,G .,
Peggy Kuo, City Clerk Greg Murphy, City Attorney
Ordinance No. 24-1075 was introduced for first reading at the City Council Regular
Meeting of February 6, 2024, and adopted at the City Council Regular Meeting of 20th of
February, 2024, by the following vote:
AYES: Councilmember- sternquist, Vizcarra, Chavez, Man
NOES: Councilmember-None
ABSENT: Councilmember-yu
ABSTAIN: Councilmember-None
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