Chapter 12.32
CONDUCT ON PUBLIC PROPERTY
Sections:
12.32.030 Disfiguration and Removal of Equipment and Structures.
12.32.040 Restrooms and Washrooms.
12.32.050 Disturbance of Natural Resources.
12.32.060 Erection of Structures.
12.32.070 Urination or Defecation.
12.32.080 Climbing on Structures.
12.32.090 Injury and Removal of Trees and Shrubs.
12.32.120 Obstruction of Traffic.
12.32.130 Vending and Advertising.
12.32.160 Picnicking and Camping.
12.32.165 Beach Use Restrictions.
12.32.170 Jet Skis – Vehicles.
12.32.010 Definitions.
A. For the purpose of this chapter, the term “public property” means any publicly owned property within the City, and shall include all parks, beaches, sidewalks, curbs, and all parts of any public right-of-way devoted to planting, forest or park-like use.
B. For the purpose of this chapter, the term “wheeled vehicle” means bicycles or skateboards. (Ord. 88-7 § 1, 1988; Ord. 256 C.S. § 3, 1971; Code 1975 § 697.01).
12.32.020 Unlawful Acts.
On any public property as defined in CMC 12.32.010, or as limited in CMC 12.32.030 through 12.32.190, it is unlawful for any person to perform the acts designated in said sections. (Ord. 83-4 § 1, 1983; Ord. 76-27 § 1, 1976; Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02).
12.32.030 Disfiguration and Removal of Equipment and Structures.
It is unlawful to willfully mark, deface, disfigure, injure, tamper with, displace, or remove any building, railing, bench, paving, paving material, water line, or any facilities or property and equipment of any public utilities or parts or appurtenances thereof, signs, notices, or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, wall or rock border, or other structures or equipment, facilities or public property or appurtenances whatever, either real or personal. (Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02(a)(1)).
12.32.040 Restrooms and Washrooms.
No person over the age of six years shall use the restrooms and washrooms designated for the opposite sex. (Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02(a)(2)).
12.32.050 Disturbance of Natural Resources.
Without a City permit it shall be unlawful to dig and remove any beach sand, whether submerged or not, to make any excavation by tool, equipment, blasting, or other means or agency, except that this shall not prohibit the removal of driftwood or the construction of sand castles or other similar sand structures on the beach, utilizing natural materials found on the beach. (Ord. 79-21 § 35, 1971; Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02(a)(3)).
12.32.060 Erection of Structures.
It is unlawful to construct or erect any building or structure of whatever kind, whether permanent or temporary in character, any tent or fly or windbreak, or to run or string any rope, cord, or wire into, upon, or across any public property, except on permit issued by the City Council. (Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02(a)(4)).
12.32.070 Urination or Defecation.
It is unlawful to urinate or defecate on public property except in a public restroom. (Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02(a)(5)).
12.32.080 Climbing on Structures.
It is unlawful to climb, walk, stand, sit or lie upon monuments, fountains, or other property not designed or customarily used for such purposes, or to sit or lie on any sidewalks or steps in such a way as to obstruct the passage of other persons. (Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02(a)(6)).
12.32.090 Injury and Removal of Trees and Shrubs.
Without a City permit, it is unlawful to damage, cut, carve, burn, transplant or remove any tree or plant or injure the bark or pick flowers or seeds of any tree, shrub or other plant. Nor shall any person attach any rope, wire, or other contrivance to any tree, shrub or other plant. (Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02(b)(1)).
12.32.100 Climbing Trees.
It is unlawful to climb any tree in those portions of public property designated as beachlands, Devendorf Park, and the center islands of any street. Nor shall any person climb any tree in any other portions of public property in such a manner as to damage or injure the tree. Nor shall any person climb upon, walk upon, sit upon, stand upon or dig in or otherwise disturb, or in any way injure, impair or damage any garden areas occupied primarily by plants, other than grass. (Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02 (b)(2)).
12.32.110 Lawns.
When so posted by appropriate signs, erected by the Director of Public Works for the preservation and protection of any new or reseeded lawn, it is unlawful to walk, sit, stand, or lie on any lawn or area planted with grass seed, at any time when such signs are erected, nor shall any person dig in or otherwise damage any lawn, whether posted or not. (Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02 (b)(3)).
12.32.115 Littering or Depositing of Glass, Metal, Debris, Pine Needles/Tree Debris, Compostable Refuse, and Other Refuse or Wastes.
It is unlawful, without a City permit, to throw, deposit, sweep, leave or otherwise discard upon any public street, right-of-way, park, beach or other public property anywhere within the City bottles, cans, glass, metal, plastic, petroleum substance, paint, paper, dirt, rubbish, waste articles or any other similar waste thing or substance whatsoever, whether liquid or solid, unless the deposit is made into a container specifically provided for that purpose. Any litter or other discarded materials located in the public right-of-way immediately adjacent to a premises shall be deemed to have originated from that premises unless the owner thereof can prove, to the reasonable satisfaction of the City’s Code Enforcement Officer, the Environmental Compliance Manager, or their representative, that such materials did not originate from their property. Any litter or other discarded materials containing names, addresses, or other identifying information shall be deemed to have originated with the person or location identified therein. (Ord. 2021-03 § 2(2), 2021; Ord. 93-18 § 1, 1993; Ord. 83-4 § 1, 1983; Code 1975 § 697.02 (c)).
12.32.120 Obstruction of Traffic.
It is unlawful to intentionally block or obstruct pedestrian traffic on any sidewalk or other public walkway or footpath. (Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02 (e)).
12.32.130 Vending and Advertising.
It is unlawful to announce, advertise, call the public attention in any way to, expose or offer for sale or hire any thing, article or service; or station or place any stand, cart, or vehicle for the transportation, sale or display of any such article, thing, or service, without first obtaining a City license therefor. (Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02 (g)).
12.32.140 Signs.
It is unlawful to paste, glue, tack or otherwise post or display any sign, placard, advertisement, poster or inscription whatever without first obtaining permission of the City Council. (Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02 (h)).
12.32.150 Smoking.
It shall be unlawful to smoke wherever prohibited by Chapters 8.36 and 8.40 CMC. (Ord. 76-1 § 2, 1976; Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02(i)).
12.32.160 Picnicking and Camping.
It is unlawful to picnic, camp, place tables, place chairs, eat, hang out things to dry, or do any other act connected with human habitation, on any public right-of-way, sidewalk area or in any parking area. This prohibition shall not prohibit the eating of food items customarily purchased for the purpose of eating while walking on the sidewalk, such as ice cream cones, and other hand-held, ready-to-eat items sold for consumption off the premises, and obtained and consumed incidental to walking or some other legal activity. It shall apply to eating when the eating is the primary activity. This prohibition does not prohibit the taking of picnic supplies and equipment from parked vehicles to the beach or other areas specifically designated for eating or picnicking. (Ord. 76-27 § 1, 1976; Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02 (j)).
12.32.165 Beach Use Restrictions.
A. 1. No person, firm, corporation or other entity shall build, light, maintain, cause or permit to be built, lighted or maintained any open or outdoor fire on any public beach or fire pits designated by the City after the hour of 10:00 p.m. No fires shall be permitted at anytime on the slopes leading thereto within the City, except in fire pits designated by the City. This prohibition is applicable to all that beach and slope area lying west of Scenic Road and south of Ocean Avenue to the southern City boundary. No fires shall be permitted at any time on all that beach and slope area lying west of San Antonio from Ocean Avenue to the northern City boundary, except in fire pits designated by the City.
2. The prohibition against all fires on all the beach that lies at or below the high tide line and in fire pits designated by the City shall extend from 10:00 p.m. on the day it commences until 7:00 a.m. the following day.
B. It is unlawful to walk over or otherwise traverse any slope or area between Scenic Road and the beach or any other public area leading to the beach when the City Council has by resolution prohibited walking over or traversing such area, and designated specific paths, steps or ways for public access to the beach, and signs have been posted at reasonable locations giving notice of the prohibition. (Ord. 89-30 § 1, 1989; Ord. 87-13 § 1, 1987; Ord. 87-5 § 2, 1987; Ord. 83-15 § 1, 1983; Code 1975 § 697.02(l)).
12.32.170 Jet Skis – Vehicles.
It is unlawful to operate, carry, maintain, repair, land, or launch any motorized land, air, or water-going vehicle or apparatus including, but not limited to, motorized jet skis. This prohibition shall not apply to emergency vehicles, motorized vehicles compelled by emergency circumstances to come on to public property, City vehicles, public utility maintenance vehicles, motorized vehicles for the handicapped, vehicles operating on roads or pathways specifically provided for that purpose or vehicles operating with express written permission of the City. (Ord. 77-34 § 1, 1976; Ord. 256 C.S. § 3, 1971; Code 1975 § 697.02 (k)).
12.32.180 Devendorf Park.
In Devendorf Park it is unlawful to engage in any activity involving the throwing or kicking of any ball or other object in such a manner as to endanger other users of the park or lead to damage to plants or lawns. It is unlawful to ride a wheeled vehicle anywhere in the park. (Ord. 88-7 § 2, 1988; Ord. 256 C.S. § 3, 1971; Code 1975 § 697.021).
12.32.190 Exceptions.
The provisions of this chapter shall not apply to employees or agents of the City in the performance of authorized activities on behalf of the City. (Ord. 256 C.S. § 3, 1971; Code 1975 § 697.022).