Chapter 37 — PROPERTY

The City Manager shall be responsible to the City Council for all real and personal property of the city and shall, from time to time, conduct inventories thereof, and report the same to the City Council. ('83 Code, § 2.60.010)

No person shall use any item of personal property of the city for any purpose, other than in the conduct of authorized city business.

('83 Code, § 2.60.020) Penalty, see § 10.99

Except as hereinafter provided, no person shall use any real property belonging to the city for any purpose other than in the conduct of city business. The City Manager shall establish appropriate rules and regulations for the use of public buildings and grounds by persons for private and/or semipublic purposes, which rules and regulations shall not take effect until approved by the City Council. This section shall not be deemed to prohibit the lease, sale or disposal of city property, if accomplished in accordance with applicable law. ('83 Code, § 2.60.030) Penalty, see § 10.99

LOST OR UNCLAIMED PROPERTY

All lost, abandoned or unclaimed personal property coming into the possession of the city or any officer or employee thereof shall immediately be turned over to the custody of the Chief of Police. The personal property shall be held by him for a period of at least six months unless sooner claimed and restored. ('83 Code, § 2.64.010)

Statutory reference:

Unclaimed property, see Cal. Civil Code § 2080 et seq.

If, at any time prior to the sale or destruction thereof, as provided in this subchapter, any property is claimed by any person who establishes his right to the possession thereof to the satisfaction of the Police Chief, the personal property shall be delivered to the person, provided, the person shall first pay to the city the reasonable cost of holding, protecting and returning the property. ('83 Code, § 2.64.020)

(A) Except as otherwise provided by law, if any such property remains unclaimed and unrestored for at least six months, the property shall be sold at public auction to the highest bidder at such time or times as the Police Chief determines. The auction shall be conducted by the Police Chief. The property may be sold separately or in such lot or lots as the Police Chief may determine. The purchasers at the auction sale shall take a clear title to the property purchased free of any right of redemption.

(B) Notwithstanding the provisions of this subchapter, where the unclaimed property can be utilized by the city, upon the direction of the City Manager, the property may be devoted to such use. ('83 Code, § 2.64.030)

Notice of each auction shall be given by the City Clerk at least five days, and not more than 20 days, prior to the time fixed for the auction. The notice to be given shall be by publication in a newspaper of general circulation and by such other means as the Clerk deems necessary to give adequate notice of the auction. ('83 Code, § 2.64.040)

If any property is so offered for sale at the public auction as provided in this subchapter, and is not sold, the property shall be destroyed or otherwise disposed of, by the Police Chief, with the approval of the City Manager. ('83 Code, § 2.64.050)

CHAPTER 38: CITY POLICIES

GENERAL PROVISIONS

(A) Persons confined under a final judgment of imprisonment for a violation of any of the provisions of this code may be required to perform labor on the streets or other public property or works with the city.

(B) The phrase STREETS OR OTHER PUBLIC PROPERTY OR WORKS WITHIN THE CITY , as used in this section, includes, among other things, clerical and menial labor in any camp, or other place, maintained for such persons.

(C) The City Manager may prescribe and enforce rules and regulations under which such labor is to be performed; and may provide clothing of such distinctive character for such persons as he, in his discretion, may deem proper. ('83 Code, § 1.12.010)

Statutory reference:

Cal. Gov't Code § 36904

(A) Adoption. There is adopted as the official seal of the city that certain impression and engraving which is generally described as follows:

A die of two and one quarter inches in diameter and circular in shape. On the surface of die at the top thereof there shall be engraved the words "Baldwin Park, California." Then at the bottom shall be engraved the words, "Incorporated January 25, 1956." In the center of the said circle there shall be the hub of a wheel and superimposed on the wheel shall be the words "Hub of the San Gabriel Valley."

('83 Code, § 1.08.010)

(B) Custody. The City Clerk shall have and maintain custody of the official seal of the city. ('83 Code, § 1.08.020)

SMOKING IN CITY BUILDINGS

The City Council has determined that there is ample evidence that smoking in any form is a serious hazard to the health of members of the general public and city employees and an irritation, inconvenience and discomfort to persons. In order to serve the public health, safety and welfare, the declared purpose of this subchapter is to promote a policy of nonsmoking in and around places where the public congregates, including elevators and areas owned or operated by the city or utilized by the public for goods or services.

(‘83 Code, § 2.68.010) (Ord. 1023, passed - -89; Am. Ord. 1232, passed 6-2-04; Am. Ord. 1299, passed 2-7-07)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY-OWNED PREMISES. A building or site owned and occupied, or leased and occupied, by the city for any municipal function, and includes the entire site of the CITY-OWNED PREMISES and all structures thereon. CITYOWNED PREMISES shall not include any public sidewalk adjacent to the site or CITY-OWNED PREMISES , nor any building owned in part by the Baldwin Park Redevelopment Agency which is also partly owned by a private individuals or entity under a Disposition and Development Agreement or Owner Participation Agreement. CITYOWNED PREMISES include, but are not limited to, City Hall, the City Yard, and the site occupied by the City Housing Authority.

DINING AREA. Any area on any lot or parcel located outside of an enclosed building which is either (1) in a nonresidential zone or (2) in any residential zone and utilized for a non-residential purpose, where food or beverages are served, whether for compensation or otherwise, or where food or beverages are routinely consumed by customers or patrons of the use located at such location including, but not limited to, restaurant or bar seating areas and patios. PUBLIC PARK. Any park, roadside rest, or other site designated by the city for any recreational purpose which is owned, managed or controlled by the city, and includes the entire site of the public park, all structures thereon, and any public sidewalk adjacent to that site. Public park includes, but is not limited to, the Julia McNeill Senior Center, the Esther Snyder Community Center, Morgan Park, Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the Baldwin Park Teen Center and Skate Park.

SERVICE AREA. Any place located outside of an enclosed building where people wait to access goods or services or where people are provided goods or services by any private or government entity, including but not limited to farmers’ markets, bus stops, the Metrolink Station, and areas where persons line up to use automatic teller machines, vending machines of any type, information kiosks, or similar good or service providers.

SMOKE or SMOKING. The burning of any form of tobacco, in a pipe, cigar or a cigarette or any other device used for the burning of tobacco or other similar combustible material, so that the person in possession thereof can inhale and exhale the smoke therefrom.

(‘83 Code, § 2.68.020) (Ord. 1023, passed - -89; Am. Ord. 1232, passed 6-2-04; Am. Ord. 1299, passed 2-7-07)

(A) Smoking in specific locations. It shall be unlawful to smoke on or in any of the following places:

• (1) Any elevator;

• (2) Any city-owned premises;

• (3) Any public park;

• (4) Any service area;

• (5) Any dining area; or

• (6) Within 20 feet of any entrance to, exit from or any open window of any building open to the public.

(B) Disposal of smoking waste. No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place where smoking is prohibited under this subchapter, except in a designated waste disposal container.

(‘83 Code, § 2.68.030) (Ord. 1023, passed - -89; Am. Ord. 1232, passed 6-2-04; Am. Ord. 1299, passed 2-7-07) Penalty, see § 38.19

Signs designating no smoking areas in city-owned premises and public parks shall be clearly, sufficiently and conspicuously posted in such premises and parks. The manner of such posting, including the wording, size, color, design, and place of posting, shall be determined by the Chief Executive Officer or his or her designee.

(‘83 Code, § 2.68.040) (Ord. 1023, passed - -89; Am. Ord. 1232, passed 6-2-04)

Any person who violates any provisions of the subchapter set forth in §§ 38.15 et seq. shall be guilty of an infraction and, notwithstanding any other provision of this code to the contrary, upon conviction thereof, shall be punished by a fine of not less than $100.

(‘83 Code, §2.68.050) (Ord. 1023, passed - -89; Am. Ord. 1232, passed 6-2-04)

EMERGENCY RESPONSE COSTS

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

EXPENSE OF AN EMERGENCY RESPONSE. Those costs incurred by the city in making an appropriate emergency response to the incident, and shall be comprised of all costs directly arising because of the response to the particular incident, including, but not limited to the costs of providing police services at the scene of the incident, as well as the salaries of the personnel responding to the incident.

('83 Code, § 9.05.010) (Ord. 1017, passed - -89)

Pursuant to the authority vested in the city by state statute, each person who is under the influence of an alcoholic beverage or drug, or the combined influence of an alcoholic beverage or drug, whose negligent operation of a motor vehicle caused by that influence proximately causes any incident resulting in an appropriate emergency response, or whose intentionally wrongful criminal act proximately causes any incident resulting in appropriate emergency response, shall pay to the city the expense of such an emergency response. In no event shall a person's liability under this subchapter exceed the maximum allowable under that statute, and all costs assessed pursuant to this subchapter shall reasonably relate to the actual cost of the expense incurred by the city. ('83 Code, § 9.05.020) (Ord. 1017, passed - -89)

The expense of an emergency response shall be charged against the person liable for the expenses under this subchapter. The charge constitutes a debt of that person to the city, and is collectible by the city in the same manner as in the case of an obligation under a contract, expressed or implied. ('83 Code, § 9.05.030) (Ord. 1017, passed - -89)

Statutory reference:

Cal. Gov't Code §§ 53150 et seq.