HomeMy WebLinkAboutOrd 761 ORDINANCE NO. 761
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING SECTION 11.08.080,
"TRESPASS" OF CHAPTER 11.08, "DISORDERLY
CONDUCT" OF THE CATHEDRAL CITY MUNICIPAL CODE
WHEREAS,the City Council wishes to clarify that prohibitions on trespassing
on private property includes not just residential property but all such private property.
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and incorporated herein by
reference.
Section 2. AMENDMENT TO SECTION 11.08.080, "TRESPASS" TO THE
CATHEDRAL CITY MUNICIPAL CODE
Cathedral City Municipal Code Section 11.08.080 shall be amended to read as
follows:
11.08.080 Trespass.
No person shall commit a trespass on residential property or on public property.
"Trespass" for the purpose of this section means:
A. Entering upon, or refusing to leave, any fesidential private property of another,
either where the property has been posted with "NO TRESPASSING" signs, or where
immediately prior to the entry, or subsequent thereto, notice is given by the owner or
occupant, orally or in writing, that such entry, or continued presence, is prohibited.
B. Entering upon, or refusing to leave, any public property in violation of regulations
promulgated by the official charged with the security, care or maintenance of the property
and approved by the governing body of the public agency owning property, where the
regulations have been conspicuously posted or where immediately prior to such entry, or
subsequent thereto, the regulations are made known by the official charged with the
security, care or maintenance of the property, his agent or a police officer.
Section 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence
or word of this ordinance be rendered or declared 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 or words of this ordinance as hereby adopted
1
shall remain in full force and effect.
Section 4. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this ordinance is exempt from the provisions
of the California Environmental Quality Act pursuant to Title 14 California Code of
Regulations section 15061, subsection (b)(3), because there is nothing in this chapter or its
implementation that could foreseeably have any impact on the environment.
Section 5. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence
or word of this ordinance be rendered or declared 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 or words of this ordinance as hereby adopted
shall remain in full force and effect.
Section 6. AMENDING OF BAIL SCHEDULE
The City Attorney's Office is hereby directed to determine whether this ordinance
necessitates amendment of the City's Bail Schedule and to cause such necessary
amendments to be made and filed with the local branches of the Superior Court of the
County of Riverside.
Section 7. EFFECTIVE DATE
This Ordinance shall take effect thirty(30) days after its second reading by the City
Council.
Section 8. CITY ATTORNEY REVIEW
The City Attorney prepared and framed this ordinance pursuant to Section 1.04.010
of the Municipal Code and finds that the City Council has the authority to adopt this
ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent
with the general powers and purposes of the City as set forth in Section 1.04.031 of the
Municipal Code.
Section 9. EXECUTION AND CERTIFICATION
The City Clerk shall certify to the passage of this Ordinance and shall cause the
same to be published according to law.
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on July 22, 2015 by the following vote:
Ayes: Icmncilmembers Aguilar, Carnevale and Kaplan; Mayor Pro Tem
Pettis and Mayor Henry
Noes: None
2
Abstain: None
Absent: None
tanley, enry, M- .r
ATTEST:
- ary F.'H'well, city Cler'�
APPROVED AS TO FORM:
Charles R. Green, City Attorney
P:\APPS\WPDATA\CATH\0006 Planning\DOC\1408 - Trespass Ord.
(05.20.15).docx.doc
3