Chino Municipal Code Ch. 12.22 Conduct in Public Buildings

A. The purpose and intent of this chapter is to regulate certain conduct in all public buildings owned or leased by the City of Chino in order to provide a safe place where members of the community of Chino can recreate, socialize, and find intellectual stimulation, in addition to taking part in a number of helpful services and programs provided by the city. This chapter identifies and prohibits certain conduct in order to protect the public's use, safety and enjoyment of the city's public buildings while respecting the constitutional right to exercise protected free speech and the free use of said public buildings by the community.

B. The provisions of this chapter shall not be construed to prohibit the right to exercise protected free speech or any other constitutionally protected right and is not meant to constrain or conflict with any Federal, State, or applicable county laws.

(Ord. 2019-010, § 2, 2019)

For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:

A. "Alcoholic beverage" shall have the same meaning as in section 23004 of the California Business and Professions Code, or any successor statute.

B. "Enforcement officer" means any employee or agent of the city authorized to enforce the provisions of this code as designated by the city manager, including but not limited to a code enforcement officer and police officer.

C. "Hours of operation" means hours that the public buildings have posted as being open to the public. Hours may vary and are subject to change. Every public building, if occupied and operational, shall have hours clearly posted.

D. "Person" includes any natural person who enters upon any public building's premises or engages in any programming offered at any public building.

E. "Premises" means the interior of the public building and any exterior area within the vicinity of the public building, including the grounds, parking lots, entrances, or other areas surrounding and adjacent to said building.

F. "Public building" in this chapter means: Any building owned and occupied, or leased and occupied by the City of Chino and for public use, including but not limited to, all buildings, structures, or recreational facilities located in public parks.

G. "Responsible party" means any person who causes any violation of this chapter to occur.

H. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco, chemical substance or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form, and the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form which can be used to deliver an inhaled dose of nicotine or other substance to the user.

I. "Staff" means any person or persons who are employed by the city, or are employed by a third party to work in a public building owned or leased by the city.

(Ord. 2019-010, § 2, 2019)

A. It is unlawful for any person to engage in any of the following activities within or upon the premises of any public building:

1. To intentionally utter, in the presence or hearing of any person or persons of any words or language inherently likely to provoke an immediate, violent response from the recipient that disrupts or interferes with the legitimate use of any public building by others, or with the duties of the staff, including interference with community programs conducted therein.

2. To intentionally utter, in the presence or hearing of any person or persons of any indecent, obscene, profane, or insulting epithets, words or language for the purpose of threatening or intimidating such other person or persons that disrupts or interferes with the legitimate use of any public building by others, or with the duties of the staff, including interference with community programs conducted therein.

3. To intentionally engage in disruptive behavior such as loud talking, shouting, horseplay, or any intentional interference that disrupts or interferes with the legitimate use of any public building by others, or with the duties of the staff, including interference with community programs conducted therein.

4. To damage, deface, disturb or disfigure any building, sign, fence, bench, or any other structure, apparatus or equipment, materials, furniture, grounds or other property of the city, or any portion thereof located in or on any public building premises.

5. To smoke within any public building or within twenty feet of an entrance, exit, or operable window of any public building.

6. To throw, discard, place or dispose of any garbage or refuse in any place other than a garbage can or other receptacle maintained for that purpose.

7. To remain, stay or loiter without a legal purpose within or on the premises of any public building during hours of operation in such a manner as to actually or potentially block or impede free access to public buildings.

8. To remain, stay or loiter within or on the premises of any public building, or any portion thereof, before or after the posted hours of operation.

9. To enter or stay within an area of a public building that is posted as restricted from public access or that is obviously not open to access by the public, except upon invitation of city staff.

10. To enter or stay within or on the premises of any public building in possession of, or exercising control over, an open or uncovered container of an alcoholic beverage, as defined in section 23004 of the California Business and Professions Code or any successor statute, except with written permission of the city.

11. To purchase, sell, give away, or consume an alcoholic beverage, as defined in section 23004 of the California Business and Professions Code or any successor statute, within or on the premises of any public building, except with written permission of the city.

12. To enter or stay within or on the premises of any public building while in possession of, or exercising control over, transporting, purchasing, selling, giving away or consuming any illegal narcotic or restricted dangerous drug, as defined in division 10 of the California Health and Safety Code or any successor statute.

13. To violate any section of this code within or on the premises of any public building.

B. It is unlawful for any person to knowingly fail to obey a directive from any staff member of any public building to cease and desist violating any regulation, statute, or ordinance applicable to the use of any public building or the premises thereof.

(Ord. 2019-010, § 2, 2019)

Any violation of this chapter constitutes a public nuisance and is punishable as a misdemeanor pursuant to chapter 1.12 (general penalty). In addition, any violation of this chapter may be enforced by any means authorized by law, including but not limited to, administrative citation or injunctive relief.

(Ord. 2019-010, § 2, 2019)

The remedies described in this section are intended to be cumulative and not exclusive. Pursuit of any one remedy shall not preclude the city from availing itself of any or all administrative, civil, criminal, or other remedies, at law or equity, in lieu of or in conjunction with each other.

(Ord. 2019-010, § 2, 2019)