Chapter 9.94
UNAUTHORIZED USE OF TOWERS
Sections:
9.94.050 Penalty for violation.
9.94.010 Authority.
This chapter is enacted pursuant to the authority of Article XI, Section 7, of the California Constitution, wherein it is provided that the city council may enact ordinances to promote the health, safety and welfare of the citizens of the city of Rancho Cordova. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 621 § 1, 1985].
9.94.020 Findings.
The city council finds and declares that the unauthorized climbing upon towers and the unauthorized climbing upon towers for the purpose of parachuting, jumping, sailing or otherwise floating off said towers are dangerous and destructive activities. The council further finds and declares that the unauthorized use of towers encourages lawlessness and recklessness and that the prohibition against the unauthorized climbing upon the towers and the unauthorized parachuting, jumping, sailing or otherwise floating off said towers will aid in the prevention of avoidable injuries and the possible loss of life to persons engaged in said activities, and will prevent the destruction of private property and the violation of private property rights. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 621 § 1, 1985].
9.94.030 Definition.
“Tower” or “towers” as used in this chapter refers to any radio, television, broadcasting or receiving towers located in the city of Rancho Cordova. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 621 § 1, 1985].
9.94.040 Prohibited activity.
A. It shall be unlawful for any person to climb upon any tower within the city of Rancho Cordova without the express written authorization of the owner of said tower.
B. It shall be unlawful for any person to climb upon any tower within the city of Rancho Cordova for the purpose of parachuting, jumping, sailing or otherwise floating off the tower.
1. There shall be a rebuttable presumption pursuant to Section 606 of the California Evidence Code that any person or persons who climb a tower with a parachute or other fall-breaking apparatus in their possession are climbing the tower for the purpose of parachuting, jumping, sailing or otherwise floating off the tower as prohibited herein.
C. It shall be unlawful for any person to parachute, jump, sail or otherwise float off any tower within the city of Rancho Cordova for the purposes of parachuting, jumping, sailing or otherwise floating to the earth below. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 621 § 1, 1985].
9.94.050 Penalty for violation.
A. Any person who violates the provisions of RCMC 9.94.040(A) shall be guilty of an infraction, and upon conviction, shall be punished as follows:
1. A fine not exceeding $100.00 for a first violation of RCMC 9.94.040(A);
2. A fine not exceeding $200.00 for a second violation of the same provision within one year;
3. A fine not exceeding $500.00 for each additional violation of the same provision within one year.
B. Any person who violates the provisions of RCMC 9.94.040(B) or (C) shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not in excess of $1,000 or by imprisonment in the county jail for not more than six months, or by both fine and imprisonment. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 621 § 1, 1985].