HomeMy WebLinkAboutORD NO 2369 EMERGENCY ORDINANCE NO. 2369 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING CHAPTER 10.47 TO
THE MUNICIPAL CODE PROHIBITING TRESPASSES
UPON PRIVATELY OPERATED BUSINESS PREMISES.
WHEREAS, a serious problem exists with respect to the pro-
tection of private property upon which businesses are located; and
WHEREAS, prohibiting the trespass by those whose activities
are contrary to the functions and services provided by businesses
is necessary for the immediate preservation of the public health,
peace and safety.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Bakersfield as follows:
SECTION 1.
That Chapter 10.47 is hereby added to Title 10 of the
Municipal Code of the City of Bakersfield to read as follows:
Chapter 10.47
TRESPASSES UPON PRIVATELY OPERATED
BUSINESS PREMISES PROHIBITED
Sections:
10.47.010
10.47.020
10.47.030
10.47.040
10.47.050
Unlawful to Refuse or Fail to Leave Property
Upon Request of Owner
Unlawful to Enter Premises Without Consent After
Request to Leave
Exceptions
Penalty For Violation
Severability
10.47.010 Unlawful to Refuse or Fail to Leave Property Upon
Request of Owner. No person shall have the right to use privately
operated business premises which are open to the general[ public for
any purpose which is contrary to the functions or services provided
thereon without the consent of the owner, operator or agent thereof.
It shall be unlawful for any person so using such property to refuse
or fail to leave such property upon being requested to leave by the
owner, operator or agent thereof.
10.47.020 Unlawful to Enter Premises Without Consent After
Request to Leave. It shall be unlawful for any person without the
permission of the owner, operator or agent of privately operated
business premises which are pen to the general public to enter upon
such premises within forty-eight (48) hours after having been requested
by the owner, operator or agent thereof to leave therefrom pursuant
to the provisions of Section 10.47.010.
10.47.030 Exceptions. The provisions of this chapter shall not
apply in any of the following instances:
(i) Where their application results in or is coupled with an
act prohibited by the Unruh Civil Rights Act or any other provisions
of law relating to prohibited discrimination against any person on
account of color, race, religion, sex, creed, ancestry or national
origin.
(2) Where their application would result in an interference with
or inhibition of peaceful picketing directed toward the business estab-
lishment, lawful labor activities or peaceful political activities.
(3) Where their application results in or is coupled with an
act prohibited by Section 365 of the California Penal Code or any
other provision of law relating to duties of innkeepers and cormnon
carriers.
(4) Where the person who is upon the privately operated business
premises which are open to the general public is present under claim
or color of legal right. This exception is applicable to situations
wherein public officials are present in the course of their official
duties and to situations involving disputes wherein the participants
have available to them practical and effective civil remedies such as:
marital and post marital disputes; child custody or visitation dis-
putes; disputes regarding title to or rights in legal property; landlord-
tenant disputes; disputes between members of the same family or between
persons residing upon the property concerned up until the time of the
dispute; business-type disputes such as those between partners; debtor-
creditor disputes; and instances wherein the person claims a right to
be present pursuant to order, decree or process of a court.
10.47.040 Penalty For Violation. Any person who shall violate any
provision of this chapter is guilty of a misdemeanor and upon convic-
tion thereof shall be punishable by a fine of not more than three
hundred dollars ($300) or by imprisonment in the county jail for a
period not exceeding ninety days (90), or by both such fine and
imprisonment.
o
10.47.050 Severability. If any section, subsection, sentence,
clause or phrase of this chapter is for any reason held to be uncon-
stitutional or invalid, such decision shall not affect the remaining
portion of this chapter.
SECTION 2.
This ordinance is an emergency ordinance under Section 24
of the Bakersfield City Charter for the immediate preservation of the
public health, peace, property and safety and shall be effective
immediately upon adoption by a two-thirds vote of the members present.
.......... 000 ..........
I HEREBY CERTIFY that the foregoing ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 24th day of August, 1977, by the follow-
ing vote:
AYES: COUN( HMEN BA, RTON, CHrISTeNSEN, MEDD~R$, J~ATTY, ROGEI~, ~I:JALli~, ~,TJJOJql~
Council of the Ci~ of Bakersfield
APPROVED this 2/+th d~ay pf August, 1977
~A~o~f~t~e City of Bakersfield
APPROVED as to form:
C%~ ~O~.~Y of tbefzCity of Bakersfield
AffrayS! of osting ( r uaures
STATE OF CAL1FORNIA,
County of Kern
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk o£ the City of Bakersfield; and
that oa ............................$..~.l~...t.~..~.e....r.......2.. ....................................................., 19..~.~.... he posted on the Bulletin Board
at the City Hall, a full, t~ue and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ........ -~.Ng.~.~.JL...g.~ ......................................., 19.....7....7.., which ordinance
was numbered~ ...... 2.a69 ................New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL
OF THE CITY OF BAKERSFIELD ADDING
CHAPTER 10.47 TO THE MUNICIPAL CODE
PROHIBITING TRESPASSES UPON PRIVATELY
OPERATED BUSINESS PREMISES.
Subscribed and sworn to before me this