Carlsbad Municipal Code Ch. 11.46 Temporary Restrictions on Public Property

For the purposes of this chapter, the following definitions apply:

"Exigent circumstances"

means a situation or circumstance that requires immediate action

"Implements of riot"

means any item able to or likely to cause harm and anticipated to be used for a purpose other than its intended use.

"Weapon"

means anything used, designed to be used, or intended for use: (a) in causing injury or death to any person; or (b) for the purpose of threatening or intimidating any person with injury or death.

(Ord. CS-332 § 1, 2018)

A. The City Manager or designee, upon the recommendation of the Chief of Police, is authorized to issue a temporary restriction within the city of Carlsbad, California as is necessary to preserve public health, public safety and property during planned, proposed or anticipated events to be held on public property owned and operated by the city.

B. Temporary restrictions shall be limited to the establishment of:

1. Prohibitions on weapons and other implements of riot; and

2. Prohibitions on attire that conceals a person's identity, and is not worn for any religious, health or expressive purpose; and

3. Measures to help facilitate the event in a safe direction and ensure traffic control, including, but not limited to, the designation of assembly areas.

C. Temporary restrictions issued pursuant to this section shall be narrowly tailored and consistent with the U.S. Constitution and the laws of California.

(Ord. CS-332 § 1, 2018)

Prior to issuing a temporary restriction, the City Manager or designee, upon the recommendation of the Chief of Police, shall make the following findings:

A. An event is planned, proposed or anticipated to be held on public property; and

B. There is a reasonable expectation that persons attending the event intend to engage in conflict and nonpeaceful behavior.

(Ord. CS-332 § 1, 2018)

The temporary restriction shall be posted by signage at the event site and on the city's website at least 24 hours before enforcement of the regulations authorized by this chapter, except that no warning shall be required in exigent circumstances as determined by the City Manager or the City Manager's designee.

(Ord. CS-332 § 1, 2018)

The violation of a temporary restriction issued pursuant to this chapter is a misdemeanor punishable as set forth in Section 1.08.010(B) of this code, but may be charged, in the discretion of the City Attorney, as an infraction.

(Ord. CS-332 § 1, 2018)