HomeMy WebLinkAboutOrdinance - 2573 - Amend title 10 ORDINANCE NO. 2573
AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING
MUNICIPAL CODE TITLE 10 (PUBLIC PEACE, MORALS AND WELFARE)
BY ADDING CHAPTER 10.41 (TRESPASS) RELATING TO THE
PROHIBITION OF TRESPASS UPON PRIVATE PROPERTY
WHEREAS, it is an inherent and fundamental right associated with ownership of property or a business
to exclude those who are not welcome; and
WHEREAS, the laws of the State of California are inadequate to address trespass on private property;
and
WHEREAS, the Legislature of the State of California has failed to make it unlawful for someone to
remain on private property or at a private business after being advised to leave; and
WHEREAS, Penal Code § 647c confirms the power of a municipality to regulate the conduct of
individuals in places which are open to the public; and
WHEREAS, the adoption of this Ordinance furthers the health, welfare and safety of the public; and
WHEREAS, it is the intention of the City Council to empower owners of private property and private
businesses with the authority to lawfully exclude individuals from private property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS
FOLLOWS:
Section 1. Title 10 of the Redding Municipal Code is amended to add Chapter 10.41 with a
title to read as follows:
TRESPASS
Sections:
10.41.010 Trespass on Private Property Prohibited.
Section 2. Title 10 of the Redding Municipal Code is amended to add Section 10.41.010 to
Chapter 10.41 to read as follows:
Section 10.41.010 Trespass On Private Property Prohibited.
A. 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.
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B. No person, without the express or implied permission of the owner, the owner's agent, or
lessee, the lessee's agent, 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, the owner's agent, or lessee, the lessee's agent, or other person in
charge thereof to keep off or keep away therefrom.
C. 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 that person's membership in a
protected class, as defined in state or federal law;
2. Where its application results in or is coupled with an act prohibited by Penal Code
§ 365 or any other provision of law relating to duties of innkeepers and common
carriers;
3. Where its application would result in an interference with or inhibition of peaceful
labor picketing or other lawful activities;
4. 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 obstruction of a street, sidewalk, or other public area or disturbing the
peace in violation of Penal Code § 415; or
5. Where the person who is upon another's private property or business premises is
present under a claim of legal right in any of the following situations:
A. Marital and post-marital disputes;
B. Child custody or visitation disputes;
C. Disputes regarding title to or rights in real property;
D. Landlord-tenant disputes;
E. Disputes between members of the same family or between persons
residing upon the property concerned up until the time of the dispute;
F. Employer-employee disputes;
G. Business-type disputes such as those between partners;
H. Debtor-creditor disputes; and
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I. Instances wherein the person claims rights to be present pursuant to order,
decree or process of a court.
Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be
invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any person or circumstance. The City Council of the City of Redding
hereby declares that it would have adopted each section, subsection subdivision paragraph, sentence,
clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections
subdivisions paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 4. The City of Redding finds that this Ordinance is not a "project" according to the
definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA
Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may
have a significant effect on the environment), the adoption of this ordinance is therefore not subject to
the provisions requiring environmental review.
Section 5. This Ordinance shall take effect thirty (30) days after the date of its adoption, and
the City Clerk shall certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the
City of Redding at a regular meeting on the 6th day of June, 2017, and was duly read and adopted at a
regular meeting on the 201h day of June, 2017, by the following vote:
AYES: COUNCIL MEMBERS: McElvain, Schreder, Sullivan,Winter, & Weaver
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
BRENT WEAVER, Mayor
ATTEST: FORM APPROVED:
( ctify-tot„
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PAMELAMIZE, City Clerk BARRY .P eWALT, City • ttorney
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