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HomeMy WebLinkAbout1576 ORDINANCE NO. 1576 AN URGENCY ORDINANCE OF THE CITY OF ARCADIA PROHIBITING SLEEPING IN VEHICLES ON PUBLIC STREETS OR RIGHT OF WAY, PROHIBITING DEMONSTRATIONS OR PICKETING ON PUBLIC AREAS IN RESIDENTIAL NEIGHBOR- HOODS AND DEFINING "PARK" AS INCLUDING VEHICLES THAT ARE ATTENDED OR UNATTENDED, AND DECLARING THE URGENCY THEREFOR THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1: This ordinance is an ordinance for the immediate preservation of the public peace, health and safety, and shall take effect immediately in accordance with Arcadia City Charter Section 416. Said emergency is based upon the following facts which we hereby find to be true and correct: The Arcadia Police Department has received reports from the residents of a residential neighbor- hood in the City of Arcadia that persons have been sleeping in their vehicles on City streets in front of the residences in this resi- dential ~eighb6rhood. eating within their vehicles, running their motors to operate heaters within said vehicles to keep warm, opening and closing their car doors, parking adjacent to the driveways of said residents blocking their views of oncoming traffic upon egressing from their driveways, annoying the health, peace, safety and repose of the residents in said neighborhood: the Police Department has observed and residents in a residential neighborhood in the city of Arcadia have reported several demonstrations and picketing taking place on planted public right-of-way parkway in said residential area, which parkway areas are maintained by each -1- 1576 residential homeowner as an integral part of their front yard landscaping, which demonstrations have involved the picketing of a residence by persons ranging from two to eight in numbers, intermi ttently without warning ,"which demonstrations have caused damage to the vegetation of said parkway areas, attracted onlookers on foot and by vehicle, causing traffic congestion in excess of that commonly existing in the residential areas of the City and attracting the presence of persons who do not reside in said residential areas and who have no social, commercial, or official business with said residents; said activities cause fear, anxiety, turmoil in, and inconvenience and traffic hazards to the residents of said areas as well as damage to the vegetation in the parkway areas of said residents constituting a public nuisance. SECTION 2: No person shall sleep in any vehicle located on the public streets or public right of way. SECTION 3: No person shall demonstrate or picket on the public streets, divisional islands, or on a parkway in the public right of way, immediately continuous to residentially zoned property. SECTION 4: The word "park" as used in Article III" Chapter 2 Part 1 of the Arcadia Municipal Code shall apply to vehicles that are attended or unattended. SECTION 5: Whenever in this ordinance any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission. SECTION 6: No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any -2- 1576 person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jail or County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 7: In addition to the penalties provided in the preceding Section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 8: If any section, subsection, 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 of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. -3- 1576 SECTION 9: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or case deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 10: The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Arcadia adjourned at its/regular meeting held on the 28th day of October 1976. SIGNED AND APPROVED this 28th day of October , 1976. ( t4~- -' ,~. t. ~~.I~ ~ ~~~ TCM,',AC "'EL'D -. ~~~CLERK, CHRISTIN VAN MAANEN -4- 1576 I HEREBY CERTIFY that the foregoing ordinance was adopted adjourned at a/regular meeting of the City Council of the City of Arcadia, California, held on the 28th day of October , 1976, by the affirmative vote of at least four Council members, to wit: AYES: Councilmen Gilb, Margett, Parry, Saelid NOES: None ABSENT: ~layor Lauber ~~~ CITY CLERK, CH S INE VAN MAANEN -5- 1576