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HomeMy Public PortalAboutOrdinance 68-275ORDINANCE NO. 68 -275 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING A NEW CHAPTER 6 TO ARTICLE IV OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO LOITERING AND OBSTRUCTION OF STREETS AND REPEALING SECTIONS 4202 AND 4202.1 IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN: SECTION 1. A new Chapter ;.reading as follows is hereby added to Article IV of the Temple City Municipal Code: CHAPTER 6 - - - LOITERING PART 1. GENERAL PROVISIONS: 4600. Reference to Ordinance or Statute. Whenever any reference is made to any portion of this, or of any other chapter to any statute, such reference shall apply to all amendments and additions thereto now or hereafter made. 4601. Constitutionality. If any provision or clause of this chapter or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applica- tions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. 4602. No Conflict with State Statutes. This ordinance does not prohibit -any act prohibited by Section 374b or Section 647 of the Penal Code or by Section 23112 of the Vehicle Code or by any other State statute or State law. 4603. Tenses. The present tense includes the past and future tenses. 4604. Genders. Each gender includes the other two genders. 4605. Number. The singular number includes the plural and the plural the singular. 4606. Violation. Every person violating any provision of this chapter is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars or by imprisonment in the County. Jail for not exceeding six months or by both such fine and imprisonment. 4607. Rye eaall. Sections 4202 and 4202.1 are hereby repealed. This repeal shall not bar the prosecution or punishment for violation of any provisions thereof which violation occurred prior to the effective date of this repeal. PART 2. UNREASONABLE OBSTRUCTION OF HIGHWAYS. 4610. Loitering. A person shall not loiter or stand in or upon any public highway, alley, sidewalk or cross -walk or other public way open for pedestrian travel or otherwise occupy any portion thereof in such a manner as unreasonably to annoy or molest any pedestrian thereon or as to obstruct or unreasonably interfere with the free passage of pedestrians. 4611. Sitting or Lying on Public Ways. A person shall not sit, lie or sleep in or upon any public highway, alley, sidewalk or cross- walk or other public way open for pedestrian travel. The provisions of this section do not prohibit a person from sitting upon a public highway, alley, sidewalk, or cross -walk 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. Ordinance No. 68 -275, page 2 4612. Obstructing Entrances. A person shall not loiter, stand, or sit in or at the entrance of any church, hall, theatre, moving picture theatre or place of public assemblage so as unreasonably to obstruct such entrance. PART 3. LEAVING ARTICLES ON HIGHWAYS. 4620. Prohibition. A person shall not leave or permit to remain on any public highway, alley, sidewalk, cross -walk or other public way open for pedestrian travel any merchandise, baggage, or any article of personal property. 4621. Exception. This article does not apply to any temporary rack or stand used for the purpose of displaying newspapers for sale while such rack or stand is so used if such rack or stand does not occupy any portion of the highway set aside for vehicular use and such rack or stand does not cover an area exceeding ten square feet. 4622. Exception Applies Only if Constitutional. Section 4621 of this article applies only if it will not invalidate Section 4620 of this article. If it should be held that the provisions of Section 4621 of this article invalidate any portion of Section 4620 hereof, Section 4621 shall be of no force and effect and the prohibitions of Section 4620 shall apply without exception. PART 4. LOITERING AND LITTERING. 4630. Loitering Near Schools. A person shall not loiter about any school or public place at or near which school children attend. 4631. Littering. A person shall not deposit or throw any litter or trash on any public highway or sidewalk or on any private property without the consent of the owner or person in lawful possession thereof. SECTION 2. The City Clerk of the City of Temple City 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 in the Temple City Times, a newspaper of general circulation, printed, publish- ed and circulated in the City of Temple City. 1968. ATTEST: PASSED, APPROVED AND ADOPTED this 1st day of October STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss: CITY OF TEMPLE CITY I, KARL KOSKI, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, being Ordinance No. 68 -273, was introduced at a regular meeting of the City Council of the City of Temple City held on the 17th day of September, 1968, and was duly passed, approved and adopted by said Council , approved and signed by the Mayor and attested by the City Clerk at a regular meeting of the City Council held on the 1st day of October , 1968, by the following vote: AYES: Councilmen- Beckley, Harker, Merritt, Tyrell, Briggs NOES: Councilmen- None ABSENT: Councilmen- None Ci y er o t e City Temple City, California.