Glendora: Adopted Ordinance 2052

Press release from the City of Glendora:

April 15, 2020

ORDINANCE No. 2052

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, Adding SECTIONs 9.20.090 and 9.20.100 to chapter 9.20 “parks and public places”, of Title 9 “public peace, morals and safety”, OF the GLENDORA Municipal Code, to regulate and prohibit certain conduct and conditions to protect public health and safety

THE CITY COUNCIL

City of Glendora, California

WHEREAS, there is a need to update the Municipal Code in order to better regulate the storage of bulky items, tents and personal property in or upon city pathways, sidewalks, passageways, parks, and other city property by all residents and visitors;

WHEREAS, the storage of bulky items, tents and personal property in or upon city pathways, sidewalks, passageways, parks, and other city property has become increasingly common;

WHEREAS, this practice has had a negative impact on public access to such city facilities and poses a risk to the health and safety the users of such city pathways, sidewalks, passageways, parks, and other city property;

WHEREAS, the City seeks to regulate the storage of better regulate the storage of bulky items, tents and personal property in or upon city pathways, sidewalks, passageways, parks, and other city property by all residents and visitors to promote the general welfare of the community and to protect the health and safety of the users of such city facilities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The facts set forth in the recitals in this ordinance are true and correct and incorporated by reference.

SECTION 2. Section 9.20.090 is hereby added to Chapter 9.20 “Parks and Public Places”, of Title 9 “Public Peace, Morals, and Safety” of the Glendora Municipal Code to read as follows:

“9.20.090 Free passage shall not be obstructed or hindered.

A. No person or persons shall stand, sit, or linger on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any business establishment or public building, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way, or obstruct or hinder persons entering and exiting from any business establishment or public building.

B. No person in violation of this prohibition shall refuse or fail to disperse or move when directed to do so by a police officer or city employee.”

SECTION 3. Section 9.20.100 is hereby added to Chapter 9.20“Parks and Public Places”, of Title 9 “Public Peace, Morals and Safety” of the Glendora Municipal Code to read as follows:

“9.20.100 Bulky items, tents and storage of personal property in city pathways, sidewalks, passageways, parks, and other city property.

A. Purpose. City pathways, sidewalks, passageways, parks, and other city property should be accessible and available to residents and the public at large for their intended uses. Bringing bulky items, personal property, or tents in or onto such pathways, sidewalks, passageways, parks, and other city property, together with the use of such city pathways, sidewalks, passageways, parks, and other city property for the storage of personal property interferes with the rights of other members of the public to use the same for their intended purposes and can create a public health or safety hazards that adversely affects the users of such city facilities. The purpose of this section is to maintain such city pathways, sidewalks, passageways, parks, and other city property in a clean, sanitary, and accessible condition, to prevent harm to the health or safety of the public, and to promote the public health and safety by ensuring that such pathways, sidewalks, passageways, city parks, and other city property remain readily accessible for their intended uses.

B. Definitions. The definitions contained in this subsection shall govern the construction, meaning and application of words and phrases used in this section.

1. “Administrative procedure” means the city’s procedures as set for in this ordinance and in Sections 1.18.020, 1.18.040, 1.18.050(a), 1.18.060, 1.18.070(a)-(c), 1.18.080(a), and 1.18.100, of Chapter 1.18 of Title 1 of this Code, entitled “Administrative Citations.”

2. “Bulky item” means any item that is too large or a group of items that cumulatively are too large to fit in one 60-gallon trash container with the lid closed, including, but not limited to, a mattress, couch, chair or other furniture or appliance. The following items shall not constitute a bulky item: a portable, collapsible picnic chair or table, bicycle or any item approved for a city-authorized special event.

3. “Personal property” means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication and household items.

4. “Store,” “stored” or “storing” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

5. “Tent” means any tarpaulin, cover, structure or shelter, made of any material which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarpaulins, cover, structure or shelter.

C. Prohibition on bulky items in or upon city pathways, sidewalks, passageways, parks, and other city property. No person shall bring in or upon city pathways, sidewalks, passageways, parks, and other city property any bulky item unless the City Manager or City Manager’s designee approves in writing the bulky item for a city-authorized special event.

D. Prohibition on erecting a tent in or upon city pathways, sidewalks, passageways, parks, and other city property. Except for areas expressly designated for camping, no person shall erect, configure or construct a tent in or upon city pathways, sidewalks, passageways, parks, and other city property.

E. Prohibition on attachments. No person shall erect any barrier against or lay string, thread, or filament or join any wires, ropes, chains or otherwise attach any personal property to any of the city’s real or personal property or trees or plants in a park, including, but not limited to, a building or portion or protrusion thereof, playground equipment, sports equipment, exercise equipment, fencing, netting, trash can, gazebo, pagoda, pole, post, bike rack, drinking fountain, sign, table, bench, tree, bush, shrub or plant, unless the City Manager or City Manager’s designee approves in writing the bulky item for a city-authorized special event.

F. Prohibition on storage of personal property ; removal of the same from city pathways, sidewalks, passageways, parks, and other city property. No person shall store personal property in or upon city pathways, sidewalks, passageways, parks, and other city property.

G. Citation, Seizure & Storage. Following the issuance of an administrative citation as provided for in Sections 1.18.040 or 1.18.050(a), the city may remove bulky items, personal property, or tents from any city pathways, sidewalks, passageways, city , and other city property in violation of this Section. This section shall not apply to bulky items or personal property that remains in or upon city pathways, sidewalks, passageways, parks, and other city property pursuant to statute, ordinance, regulation, permit, contract or other authorization by the City Manager or City Manager’s designee.

H. Summary Seizure & Destruction. In the event that bulky items, personal property, or tents placed in or upon city pathways, sidewalks, passageways, parks, and other city property in violation of this Section that poses an immediate threat to the health or safety of the public, the city may remove and destroyed the same without prior compliance with Sections 1.18.040 or 1.18.050(a).

I. Adoption of Administrative Procedures. Adoption of Sections 1.18.020, 1.18.040, 1.18.050(a), 1.18.060, 1.18.070(a)-(c), 1.18.080(a), and 1.18.100, of Chapter 1.18 of Title 1 of this Code, entitled “Administrative Citations,” are hereby adopted as the administrative procedure for enforcing the provisions of this ordinance.

a. Pre-removal notice. In the event that it is determined that any bulky items, personal property, or tents are being stored in or upon city pathways, sidewalks, passageways, parks, and other city property in violation of this Section, an administrative citation shall be issued pursuant to Sections 1.18.040, 1.18.050(2), and 1.18.060 of Title 1 of this code which shall include, among other items noted in Section 1.18.060, a demand to remove the same from city pathways, sidewalks, passageways, parks, and other city property within the time specified in such citation. Service of such administrative citation shall be as provided in Section 1.18.070 (a), (b), or (c) of Title 1 of this code.

b. Failure to remove stored personal property. Failure of any person to remove any bulky items, personal property, or tents are being placed or stored in violation of or upon city pathways, sidewalks, passageways, parks in violation of this Section within the time specified in the notice provided in sub-section (a) above shall result in the seizure and storage of the same by the city as provided hereinafter.

c. Repossession. The owner or other person entitled to possession, custody or control of any bulky items, personal property, or tents seized and stored as provided in sub-section (b) above, may repossess the same within sixty (60) calendars of its seizure by providing proof to the reasonable satisfaction of the City Manager or City Manager’s designee of ownership of the same.

d. Abandonment. Bulky items, personal property, or tents seized and stored as provided in sub-section (b) above not repossessed within the time specified in sub-section (c) above, or following the expiration of any appeal as provided in Section 1.18.100 of Title 1 of this code shall be deemed to have been abandoned.

J. Prohibition on illegal dumping. Nothing herein precludes the enforcement of any law prohibiting illegal dumping, including but not limited to, California Penal Code § 374.3, or any successor statutes proscribing illegal dumping.

K. Limitation on applicability. This chapter is not intended to violate and shall not be applied or enforced in a manner that violates the United States or California Constitutions and applicable state or federal statutes.

L. Violations. Any person who violates this Section shall be subject to administrative fines as set for in Section 1.18.080(a) of this Code except that such administrative fines shall always be treated as an infraction and shall not be subject to citation or penalty as a misdemeanor. As an additional remedy, a violation of this section is hereby deemed to constitute a public nuisance, and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.”

SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people of the City of Glendora hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and/or posted in accordance with applicable law.

SECTION 5. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (Government Code § 40806); and thereupon, and thirty (30) days after its passage, this ordinance shall take effect and be in force.

CERTIFICATION

I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the 24th day of March, 2020. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on April 14, 2020, by the following roll call vote:

AYES: COUNCIL MEMBERS: Boyer, Davis, Thompson, Allawos, and Nelson.

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

Dated: April 15, 2020

KATHLEEN R. SESSMAN,

City Clerk /Communications Director

This press release was produced by the City of Glendora. The views expressed here are the author’s own.