Duarte Municipal Code Ch. 9.19 City Facilities

The provisions of this chapter shall apply to all buildings, facilities, yard, parking lot, land and other property that the city owns, leases, or operates for the purpose of conducting city business or providing city services, or that is otherwise under the control and jurisdiction of the city, including but not limited to, city hall, the community center, the senior center, the teen center, the public safety office, the city yard, Andres Duarte Plaza and Park Buildings (collectively, "city facilities" or individually as "city facility"). The purpose of this chapter is to provide for the establishment of reasonable rules and regulations to be observed by the public in the use of such city facilities to maintain the safety of city employees and patrons, facilitate the city's ability to conduct city business and provide services, and prevent damage to city facilities or land as well as to provide authority for the implementation and enforcement of such rules and regulations.

(Ord. No. 921, Exh. A, 2-27-2024)

In accordance with the city manager's powers and duties to exercise general supervision over all city facilities, the city manager may promulgate reasonable rules and regulations to be observed by the public in the use of city facilities ("facility regulations"), including, without limitation, time limits and other restrictions. The city manager's facility regulations shall be placed on file with the office of the city clerk and shall be available to the public during regular business hours. At the city manager's discretion, such facility regulations or excerpts thereof may be posted at particular city facilities, although such posting is not required for enforcement provided a verbal warning is provided consistent with any applicable facility regulation requirement. One warning is sufficient to allow for enforcement of any facility regulation or any requirement set forth in this chapter.

The city council may also from time to time establish rules and regulations applicable to particular city facilities, which rules and regulations shall become effective upon such time that they are approved by the city council. Thereafter, provided that the particular resolution so requires, such rules and regulations, or excerpts thereof, shall be posted at the city facility to which they pertain, and copies shall be available to persons desiring copies thereof from the office of the city clerk during regular business hours.

(Ord. No. 921, Exh. A, 2-27-2024)

With respect to any city facility, it shall be unlawful to:

(a) Willfully harass or interfere with any city official, employee, contractor, or agent (collectively, "city personnel") in the performance of their duties in a city facility, willfully disrupt any event or activity being conducted in such city facility, or, by the person's conduct, willfully harass or interfere with any other person's use of such city facility, or threaten violence or intimidate any city personnel or any member of the public.

(b) Enter designated areas that are not open to the general public inside of city facilities without permission from city personnel.

(c) Remain inside a city facility without a purpose related to conducting business, accessing services, or contacting city personnel on the premises.

(d) Enter an interior area of a city facility once city personnel advises that the area is closed to the public, or that is signed in any manner that suggests that the public should not enter, unless given permission to enter by city personnel.

(e) Remain in the lobby, hallways, waiting areas, or similar public areas inside a city facility longer than is necessary to conduct city-related business or contact an employee or official, or wait in a city building for city personnel indefinitely.

(f) Insist on meeting with city personnel and remain waiting after being told by city personnel that the person is either not available or will not meet with the person requesting a meeting.

(g) Refuse to leave a city facility after having been lawfully directed to do so by city personnel. City personnel may direct a person to leave a city facility in compliance with procedures set forth in a facility regulation applicable to the city facility.

(h) No person shall enter or remain upon any city facility between the hours of 10 p.m. of any day and 6 a.m. of the following day. The foregoing prohibitions shall not apply to:

(1) Persons bearing a special written permit from the city to be present during hours when presence is otherwise prohibited.

(2) Persons attending an event or program sponsored, permitted, or supervised by the city.

(i) Violate the city manager's facility regulations.

(Ord. No. 921, Exh. A, 2-27-2024)

(a) Subject to search prior to entry into a city facility. Every person and their belongings, including, but not limited to, rolling carts, wheelchairs, and strollers are subject to search upon entry into a city facility and while a person and their belongings are in a city facility.

(b) Banned items. Except with the prior written approval of a Director or their designee responsible for the control of a city Facility, it shall be unlawful for any person to enter, or remain in, a city facility with any of the following:

1. Any weapon prohibited by state law, including, but not limited to, Section 171b of the California Penal Code, as amended from time to time, or any successor statutes;

2. Illegal narcotic or illegal controlled substance;

3. Bear repellant, mace, or pepper spray;

4. Bat or baton;

5. Box cutter, utility knife, or razor blade;

6. Ice pick;

7. Fireworks or explosives;

8. Knife of any length;

9. Martial arts weapon of any kind;

10. Metal, composite, or wooden knuckles;

11. Sword, saber, or other bladed device;

12. Animal, except a service animal, as defined by the Americans with Disabilities Act, specifically section 36.104 of Title 28 of the Code of Federal Regulations and California Civil Code section 54.1, as these sections may be amended from time to time; or

13. Replica firearm.

(c) Banned items if they may be used as a weapon or are dangerous or hazardous.

1. Any item that, in the reasonable judgment of a peace officer, as defined in California Penal Code, Chapter 4.5 (commencing with Section 830) of Title 3 or Part 2 ("peace officer") as that chapter may be amended from time to time, that may be used as a weapon or otherwise may be dangerous or hazardous is not allowed inside a city facility, and a person possessing such an item may be required to relinquish, dispose, or store the item outside of the city facility as a condition of entry.

2. It shall be unlawful for any person to remain in a city facility if that person fails or refuses to relinquish, dispose, or stow away from the city facility an item that, in the reasonable judgment of a peace officer, may be used as a weapon or otherwise may be dangerous or hazardous.

(d) Nothing in this section shall preclude the persons listed below from possessing a firearm, knife, tear gas, stun gun, ammunition, or explosive in a city facility:

1. A duly appointed peace officer, a retired peace officer with authorization to carry concealed weapons as described in section 25450 et seq. of Article 2 of Chapter 2 of Division 5 of Title 4 of Part 6 of the California Penal Code, as these provisions may be amended from time to time, a full-time paid peace officer of another state who is carrying out official duties while in California, a full-time paid peace officer of the federal government who is carrying out official duties while in California and who limits their presence to the portions of any city facility open to the public, any authorized employee of the city or any person summoned by any of these officers to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer; or

2. A qualified reserve peace officer, as defined by California Penal Code section 830.6, as that section may be amended from time to time, to the extent that such person is otherwise authorized by their respective state, county, or City law enforcement agency to possess a weapon for use in accordance with the law enforcement policy of the agency.

(Ord. No. 921, Exh. A, 2-27-2024)

Any person who violates this chapter, the city manager's facility regulations, or any properly adopted rule or regulation after having been given notice thereof by city personnel pursuant to the requirements of this chapter, shall remove themselves from the city facility if requested by city personnel, or if so ordered by a peace officer based upon probable cause that a person has committed such violation.

(Ord. No. 921, Exh. A, 2-27-2024)

Any violation of this chapter is a public nuisance that may be abated by any means provided in this Code, including administrative citations, civil action, and injunctive relief, and is also punishable as provided in Chapter 1.04 of this Code.

(Ord. No. 921, Exh. A, 2-27-2024)