HomeMy WebLinkAbout408 - OrdinancesORDINANCE NO. 408
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.18 OF TITLE 9
OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW
SECTION 9.18.012 ENTITLED "TRESPASSES UPON PRIVATE
PROPERTY PROHIBITED"
A. Rec i tal s.
The City Council of the City of Rancho Cucamonga does hereby ordain
as fol 1 ows:
SECTION 1: Chapter 9.18 of Title 9 of the Rancho Cucamonga Municipal
Code is hereby amended to read, in words and figures, as follows:
"Chapter 9.18
"MISCELLANEOUS OFFENSES
"Secti on:
"9.18.012
Trespasses upon private property prohibited.
"9.18.012
Trespasses upon private property prohibited.
"(a) No person shall remain upon any private property or business
premises, after being requested by the owner or lessee or other person in
charge to leave the property or premises.
"(b) No person, without permission, express or impl led, 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 therefrom.
"(c) Exceptions. This section shall not apply in any of the
following instances: (1) 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; (2) 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; (3) Where its application would result in
interference with or inhibition of peaceful labor picketing or other lawful
labor activities; (4) Where its application would result in interference with
or inhibition of any other exercise of a constitutionally protected right of
freedom of speech including, but not limited to, peaceful expressions of
political or religious opinions, not involving conduct otherwise prohibited by
the California Penal Code; or (5) Where the person who is upon another's
private property or business premises is there under claim or color of legal
right. This exception includes, but is not limited to, the following types of
Ordinance No. 408
Page 2
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 2: The City Council declares that, should any provision,
section, paragraph, sentence or word of this Ordinance be rendered or ]eclared
invalid by any final court action in a court of competent jurisdiction, or by
reason of any preemptive legislation, the remaining provisions, sections,
paragraphs, sentences, and words of this Ordinance shal) remain in full force
and effect.
SECTION 3: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its
passage at least once in The Daily Report, a newspaper of general circulation
published in the City of Ontario, California, and circulated in the City of
Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 3rd day of January, 1990.
AYES: Alexander, Brown, Buquet, Stout, Wright
None
NOES:
ABSENT:
None
~~. Sl~ut, Ma~or
ATTEST:
Ordiqance ~lo. 408
Page 3
Executed thi s 4th day of January, 1990 at Rancho Cucamonga,
California.