Ordinance 12-060
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ORDINANCE NO. 2012-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, ADDING CHAPTER 14.40 OF TITLE 14 OF THE CITY OF
EASTVALE MUNICIPAL CODE PERTAINING TO CONDUCT ON PUBLIC
PROPERTY
THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 14.40 of the Eastvale Municipal Code is hereby added to read as follows:
"Chapter 14.40
Conduct on Public Property
14.40.010. Findings and purpose.
The purpose of this chapter is to maintain public and private streets and developed and
undeveloped areas within the city in a clean, safe and accessible condition for residents and the
public at large; and to discourage or prevent the secondary impacts of vagrancy such as crime,
visual blight, poor sanitation and disease.
14.40.020. Conduct on Public Property.
A. Obstruction of Movement in Public Ways. No person, after having been notified by a
law enforcement officer that he or she is in violation of the prohibition in this Section, shall
occupy any portion of a public way or public place so as to obstruct or interfere with the flow of
pedestrian or vehicular traffic thereon, whether such person does so alone or together with one
or more persons, or with equipment or personal property of any nature, and whether such
person does so by standing, sitting, lying, or in any other manner.
B. Sitting or Lying Down on Public Sidewalks. No person, after having been notified by
a law enforcement officer that he or she is in violation of the prohibition in this Section, shall sit
or lie down upon a public sidewalk or sidewalk curb, or upon a blanket, chair, stool, or any other
object placed upon a public sidewalk.
C. Exceptions. Subsections A and B of this section shall not apply in the following
cases and to the following persons:
I. Persons standing or sitting on the curb or portion of any sidewalk or street while
attending or viewing any parade, festival, performance of similar event permitted under the
provisions of this Code;
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2. Persons sitting upon benches or other seating facilities provided or authorized for
such purposes by municipal authorities;
3. Any conduct which is in conformity with the terms of any permit granted pursuant to
this Code;
4. Any conduct in public places that are privately owned where such conduct is in
conformity with permission granted by the owner of said premises or by the person entitled to
the possession of said premises;
5. Persons sitting or lying down due to a medical emergency;
6. Persons who , as the result of a disability, utilize a wheelchair or similar device to
move about;
7. Persons who place chairs or stools on public sidewalks in conjunction with display
devices or noncommercial uses permitted under this code.
D . Conduct on Public Property, Monuments and Lawns. No person, after having been
notified by a law enforcement officer that he or she is in violation of the prohibition in this
Section, shall:
I. Walk, stand, sit or lie upon any monument, vase, decorative fountain, drinking
fountain, bike rack, trash receptacle, median, fire hydrant, street tree planter berm, utility
cabinet, railing, fence, planter, or upon any other public property not designed or customarily
used for such purposes;
2. Walk, stand, sit or lie upon any public lawn or planted area which is posted with signs
that forbid such conduct; or
3. Walk, stand or lie upon any public bench.
E. Public Urination and Defecation Prohibited. No person shall urinate or defecate in
public except when using a urinal, toilet or commode located in a bathroom or restroom
enclosed from public view.
F. Sidewalk Obstructions--After Dark. No person, without a pennit, shall place on the
public sidewalks of the City between 11 :00 p.m. and 5:00a.m. any structure or object which
may potentially represent a hazard or obstruction to any able-bodied or disabled person
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traversing any portion of said public sidewalk. This Section shall not apply to items left on
public
sidewalks for refuse or recycling collection.
G. Public Nuisance Declared. If any vehicle, object, structure, construction material or
construction equipment is placed or left upon any public street, sidewalk, roadway, pedestrian
way or bicycle path, or in any other public place in the City, contrary to the tenns of this Chapter
and without the written permission of the City Code Enforcement Officer or designee , any such
vehicle, object, structure, construction material or construction equipment is declared to be a
public nuisance and the City is authorized and empowered to remove any such vehicle, object,
structure, construction material or construction equipment from the public street,
sidewalk, roadway, pedestrian way or bicycle path forthwith. If the person owning, or otherwise
responsible for, any such vehicle, object, structure, construction material or construction
equipment is present, then before removing the vehicle, object, structure, construction material
or construction equipment, the City Code Enforcement Officer or the person designated by the
City Code Enforcement Officer shall warn that person that he or she is in violation of this
Chapter and shall give that person the opportunity to remove forthwith the vehicle, object,
structure, construction material or construction equipment.
14.40.030. Enforcement.
A. It is unlawful for any person to violate any provision or to fail to comply with any
of the requirements of this Chapter. In addition to other remedies provided by law, any person
violating any provision of the Chapter for failing to comply with any of the requirements is
deemed guilty of an infraction with in the manner provided in Eastvale Mun icipal Code Section
1.01.200.
B. Each person shall be deemed guilty of a separate offense for each and every day,
or any portion thereof, during which any violation of or failure to comply with any of the
provisions of this chapter is committed, continued or permitted by such person, and each instance
shall be deemed punishable as provided in this chapter.
C. Each infraction is punishable by:
(I) a fine not exceeding $100.00 for the first violation ;
(2) a fine not exceeding $2 00.00 for the second violation within one year;
(3) a fine not exceeding $500.00 for each additional violation within one year.
D. The provisions of thi s Chapter shall not be construed as permitting conduct not
prescribed herein and shall not affect the enforceability of any other applicable provisions of law.
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SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and
each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions thereof be declared invalid or unconstitutional.
SECTION 3. EFFECTIVE DATE: This Ordinance shall become effective 30 days from the
date of its adoption.
PASSED, APPROVED AND ADOPTED this 28th day of March 2012.
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTV ALE )
I, Judy L. Haughney, CITY CLERK OF THE CITY OF EASTV ALE, DO HEREBY CERTIFY
that the foregoing Ordinance Number 2012-06 was duly and regularly adopted by the City
Council of the City of Eastvale at a regular meeting held the 28th day of March, 2012, by the
· following vote:
AYES :council Members Rush, Welch, Bootsma, Mayor Pro Tern
Howell and Mayor DeGrandpre
NOES : None
ABSENT: None
ABSTAIN : None
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