Citrus Heights Municipal Code Div. 3 Use of Towers

This division is enacted pursuant to the authority of article XI, section 7, of the California Constitution, wherein it is provided that the city may enact ordinances to promote the health, safety and welfare of the citizens of the city.

(Ord. No. 97-01, § 2(9.94.010), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

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 such towers are dangerous and destructive activities. The city 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 such towers will aid in the prevention of avoidable injuries and the possible loss of life to persons engaged in such activities and will prevent the destruction of private property and the violation of private property rights.

(Ord. No. 97-01, § 2(9.94.020), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Tower refers to any radio, television, broadcasting or receiving tower located in the city.

(Ord. No. 97-01, § 2(9.94.030), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Cross reference— Definitions generally, § 1-2.

(a) It shall be unlawful for any person to climb upon any tower within the city without the express written authorization of the owner of the tower.

(b) It shall be unlawful for any person to climb upon any tower within the city for the purpose of parachuting, jumping, sailing or otherwise floating off the tower.

(c) There shall be a rebuttable presumption pursuant to Evidence Code § 606 that any person who climbs a tower with a parachute or other fall-breaking apparatus in his or her possession is climbing the tower for the purpose of parachuting, jumping, sailing or otherwise floating off the tower as prohibited in this section.

(d) It shall be unlawful for any person to parachute, jump, sail or otherwise float off any tower within the city for the purposes of parachuting, jumping, sailing or otherwise floating to the earth below.

(Ord. No. 97-01, § 2(9.94.040), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) Any person who violates section 54-199(a) shall be guilty of an infraction and, upon conviction, shall be punished as provided in section 1-21.

(b) Any person who violates section 54-199(b) or (c) shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1-21.

(Ord. No. 97-01, § 2(9.94.050), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)