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HomeMy WebLinkAbout1800 ORDINANCE NO. 1800 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DELETING SECTION 4273, AMENDING SECTIONS 4274 AND 4276 OF THE ARCADIA MUNICIPAL CODE AND ADDING DIVISION 4 TO PART 2, CHAPTER 2 OF ARTICLE IV (4224) OF THE ARCADIA MUNICIPAL CODE RE TRESPASS ON PRIVATE PROPERTY AND UNLAWFUL CONDUCT THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the Arcadia Municipal Code is hereby amended by deleting Section 4273. SECTION 2. That the Arcadia Municipal Code is hereby amended by amending Section 4274 and sub-section 1 of Section 4274 to read as follows: ~ 4274. UNLAWFUL CONDUCT. No person, on drive-in premises shall: 1. Trespass pursuant to Section 4224 of the Arcadia Municipal Code. SECTION 3. That the Arcadia Municipal Code is hereby amended by amending sub-section 1 of Section 4276 to read as follows: 1. Trespass pursuant to Section 4224 of the Arcadia Municipal Code. SECTION 4. That the Arcadia Municipal Code is hereby amended by adding Division 4 to Part 2, Chapter 2 of Article VI to read as follows: -1- 1800 4224. TRESPASSES UPON PRIVATE PROPERTY PROHIBITED. (1) No person shall remain upon any private property or business premises, after being notified by the owner or lessee or other person in charge thereof to remove therefrom. (2) No person, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises, shall enter upon such private property or business premises after having been notified by the owner or lessee or other person in charge thereof to keep off or keep away ~herefrom. (3) Exceptions. This section shall not apply in any of the following instances: a. Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry or national origin; b. Where its 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 common carriers; c. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful l~bor activities; -2-.. 1800 d. 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 offensive personal conduct; or e. Wbere the person who is upon another's private property or business premises is there under claim or color of legal right. This exception is applicable (but not limited to) the following types of situations involving disputes wherein the 'participants have available to them practical and effective civil remedies: marital and post-marital disputes; child custody or visitation disputes; disputes regarding title to or rights in real 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; employer-employee disputes; business-type disputes such as those between partners; debtor- creditor disputes; and instances wherein the person claims rights to be present pursuant to order, decree or process of a court. SECTION 4. The City Clerk shall certify to the adoption of the Ordinance and shall cause a copy thereof to be published once in the official newspaper within fifteen (15) days of the adoption hereof. -3- 1800 Passed, approved and adopted this 6th day of November 1984. ATTEST: ~~LO'~~ STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, CHRISTINE, VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1800. was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor/and attested to by Pro Tern said Council held on the the City Clerk at a regular meeting of 6th day of November , 1984, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilman Gilb, Lojeski, Pellegrino and Young NOES: None ABSENT: Councilman Hannah " . I ", ,.r .'-~i':. /', ~ .. " ~~S'~ City Clerk of the City of Arcadia /. .\,. -'! ''<I , " \:' '. ~ ,~~'" __" . -~>~. ,~ .,':-:-( ....... ,- ;, -4- 1800