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HomeMy WebLinkAboutORD NO 570ORDINANCE NO. ~70 NEW SERIES AN ORDINANCE PROHI. BITIhG TRESPASS UPON, AND LOITERING ABOUT, CERTAIN CLASSES 0F PROPERTY, WITHIN THE CITY OF BAKERSFIELD. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. Public safety is hereby declared to require that the uninterrupted operation of certain industries essential to national defense, such as the aircraft manufacturing industry, and of companies or agencies supplying water, gas, electric and other essential services, be protected by preventing the intrusion upon the properties thereof of idle, curious or malicious persons and of persons whose presence thereon is not necessary, and by prohibit- ing the loitering about such places by persons capable of inflict- ing harm or of impeding the operation conducted thereon. SECTION 2.. Any person, firm, corporation, governmental agency, depart- ment or instrumentality having possession or control, of any of the facilities, plants or utility properties enumerated in section 3 hereof, may post, at each entrance to any structure devoted to any use so enumerated, at each entrance to any fenced or enclosed area devoted to any such use, and at intervals of not more than three hundred feet around any area devoted to such use, substantial signs not less than one square foot in area, displaying prominently in addition to such other information as may be deemed desirable, the words, "TRESPASSING'- LOITERING - FORBIDDEN BY LAW", in legible letters not less than two inches in height; p~ovided, however, that any public waiting room, dining room, office or other portion of any such structure or premises to which general public access is required in the normal use and operation thereof, or where materials are delivered to or received by the public, shall not be so posted. The "posted boundary" of any area shall be a line running from sign to sign, and such line need not conform to the legal boundary or legal description of any lot, parcel or acreage of land. SECTION 3. The places which may be so posted are the following: (a) Every airport, and every plant, field and structure used for the manufacture, assembling or testing of aircraft; (b) Every tank-farm, refinery, compressor-plant or absorp- tion plant, marine terminal, pipe line pumping station and reservoir, used for the bulk treatment,.bulk handling or bulk ~torage of petroleum or petroleum products; (c) Every reservoir, dam, pumping station, aqueduct, main canal or pipe line, of a public water system; (d) Every reservoir, dam, generating plant, receiving station, distributing station and transmission line of a company or agency furnishing electrical energy; (e) Every gas generating plant, compressor plant, gas holder, gas tank, and gas main, used for the production, storage and distribution of gas; (f) Every plant or vital part thereof or other principal property essential to rendering telephone or telegraph service; (g) Every radio broadcasting central plant or station; (h) Every railroad bridge or tunnel; (i) Every plant for the bulk storage of dynamite, giant powder, gun powder or other explosive; (J) Every warehouse where cotton, grain or other agricul- tural products are stored; (k) Every fire department. SECTION 4. When any such premises is posted as provided in this ordinance, it shall be unlawful for any person to go upon or to remain upon any place within the posted boundary of any such premises, or to enter or to remain in any such posted str,~cture, without having -2- upon his person the express written consent of the person, firm, corporation, department or agency lawfully in possession or control thereof. SECTION ~. It shall be unlawful for any person to loiter in the immediate vicinity of any premises posted as provided in this Ordinance while having in his possession any explosive, tool, or device, of whatever character capable of doing harm or damage to any structure, machinery, equipment or other property of a similar or dissimilar character, installed or located upon such posted premises or area. SECTION 6. This Ordinance does not apply to any entry in the course of duty of any peace officer nor to any person ~aversing an establish- ed and existing public sidewalk, street or highway. SECTION 7. Every person who tears down, defaces or destroys, or causes to be torn down, defaced or destroyed, any sign placed or posted under the provisions of this Ordinance, without the consent of the person, firm, corporation, governmental agency, department or instrumentality having possession or control of the premises on which such sign has been erected, is guilty of a misdemeanor. SECTION 8. Every person, as principal, agent or otherwise, violating any of the provisions of this Ordinance shall be.deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($~00.00), or by imprisonment in the County Jail not exceeding six (6) months, or by both such fine or imprisonment. SECTION 9. If any section, sub-section, sentence, clause or phrase of this Ordinance is for any r~ssnn held to be unconstitutional or -3- invalid', such decision shall not affect the remaining portion of this Ordinance. ......... o0o I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield, at a regular meeting thereof held on the~day of October, 1940, by the following vote: City Clerk and Ex-0fficio Clerk of the Council of the City of Bakersfield. APPROVED by me this ~/.~'~.ay of October, 1940. MAYOR of the City of ~akersfield. Affi~aui~ of ~losfing ®r~inaures STATE OF CALIFORNIA~ County of Kern I ss. V. VAN RIPER, being duly sworn, deposes and says: and that ............................. 9.. on the Bulletin Board at the at a i r - - was numbered...---~---7--e~- ........New Series, and entitled: AN ORDINANCE PROHIBITING TRESPASS UPON, AND LOITERING ABOUT, CERTAIN CLASSES OF PROPERTY, WITHIN THE CITY OF BAKERSFIELD. 'S.U~geribed and sworn to before me this ~... ... = ...~.:....~...~ .......day of , 19----~----.~ ~.... j.,~ · ..>-'~>~ ~- ............... he County of Kern, a e of al' or ia.