Fresno County Municipal Code Ch. 13.20 Courthouse Park

Courthouse Park includes all that land surrounding the courthouse, hall of records, sheriff's department headquarters and South Annex Jail in the city of Fresno and being more particularly described as bounded on the southeasterly side by Tulare Street, on the southwesterly side by Van Ness Avenue, on the northwesterly side by Fresno Street and on the northeasterly side by M Street in the city of Fresno.

(Ord. No. 13-022, § 1, 10-22-2013; Ord. No. 12-001, § 1, 1-24-2012; prior code, § 200)

The board hereby finds and declares that:

A. Courthouse Park consists of approximately 11.7 acres, exclusive of the footprints of large buildings, including the Hall of Records, one of Fresno County Superior Court's courthouses, sheriff's office headquarters, and South Annex Jail. The county has a substantial government interest in ensuring that these facilities remain secure and operational. Important governmental functions are performed at the facilities at Courthouse Park, including but not limited to board of supervisors meetings; sheriff's office administration, dispatch and communications; incarceration of inmates; county administrative office functions; and property tax assessment and levy. The county has a substantial and overriding government interest in preserving the security of these facilities and functions, and of Courthouse Park, where the facilities are located and the functions are carried out.

B. Courthouse Park includes amenities for the enjoyment of all citizens. Courthouse Park's amenities include a fountain, large expanses of lawn and mature trees, benches, and one-of-a-kind memorials and statues. The county has a substantial government interest in maintenance of Courthouse Park in attractive, aesthetic, safe and sanitary conditions, for the use and enjoyment of all citizens.

C. Courthouse Park is a public forum for the exercise of citizens' speech rights, against which the county's interests specified in subsections A. and B. must be balanced. The county has a need for advance notice of large assemblies of citizens in Courthouse Park, so that county departments can determine whether county resources should be devoted to the event, in furtherance of public safety, health and welfare (e.g., the sheriff's determination of whether deployment of peace officers is warranted to maintain the peace). However, the county shall also provide for a spontaneous use exemption, applicable to the exercise of speech rights in which the citizens cannot practicably comply with advance notification and permit requirements.

D. The intent of the county in adopting a Courthouse Park ordinance is not to regulate speech or expression and its purposes are neutral with respect to the content of any speech or expression as provided by the terms and conditions of such ordinance.

(Ord. No. 13-022, § 1, 10-22-2013; Ord. No. 12-001, § 1, 1-24-2012)

As used in this chapter, "public meeting" means the assemblage of one hundred or more persons by prearrangement, common design or as a result of advertising, solicitation or other promotion.

(Ord. No. 12-001, § 1, 1-24-2012; Prior code, § 201)

It is unlawful for any person to assemble or participate in a public meeting in the Courthouse Park as described in Section 13.20.020 except pursuant to a permit for such meeting as provided for in Section 13.24.020 of this code.

(Ord. No. 12-001, § 1, 1-24-2012; Ord. 0-83-006, § 2; prior code, § 202)

It is unlawful for any person whether in connection with a public meeting or otherwise to do any of the acts hereinafter enumerated within the limits of the Courthouse Park:

A. To violate any condition of a permit issued by the county administrative officer for the holding of a public meeting in the park as in this chapter provided;

B. To ride upon any vehicle or to place any vehicle or drive the same or operate the same upon any of the walks or upon any part of the public park aforesaid, except upon that part consisting of the public driveways lying between the Courthouse Park and Fresno Street on the northwest and between Courthouse Park and Tulare Street on the southeast side of the park and on walkways in Courthouse Park when used for law enforcement purposes;

C. To loiter in the park or to be therein for any other purpose than to pass through the park on the walks thereof between the hours of 9:00 p.m. and 6:00 a.m. of the next succeeding day;

D. To damage or cause to be damaged any of the vegetation, trees, shrubbery, flowers, buildings or other property within or upon that public park in any manner whatsoever except that it is lawful for the director of public works and planning or designee and the persons engaged to work thereon under his supervision to care for and attend the flowers, shrubbery, trees, vegetation, buildings therein and thereupon;

E. To throw or place any newspaper, bottle or refuse matter of any kind whatsoever, or any other article or thing, upon the grounds in Courthouse Park, or any of the fountains therein;

F. To write, print, cut or carve or otherwise mark in or upon any building or buildings or any seats or benches or any other property whatsoever within the park, or any other property whatsoever belonging to the county;

G. To place or throw or deposit any thing or article in any lavatory or toilet within the park or any of the buildings therein or any other such property belonging to the county, or to use any such lavatory or toilet for any other purpose than the purpose for which the same is maintained;

H. To lead or let loose any animal or fowl of any kind other than dogs led by a cord or chain not more than six feet long, except pursuant to permit (e.g., homing pigeons released at Peace Officers Memorial event);

I. To carry or discharge any firearms, firecrackers, rockets, torpedoes or any other fireworks, or any air gun or slingshot, or other article of like character or to hunt, pursue, annoy, throw stones or other missiles at or molest and disturb in any way any animal, bird or reptile within the confines of the park;

J. To affix or post any notices, documents, papers or advertising device of any kind to any tree, shrub, light standard, railing, bench, monument, statuary or building. The prohibitions of this paragraph shall not apply to matters placed on bulletin boards which may be supplied for this purpose or to matter placed on temporary devices in connection with a public meeting. The prohibitions of this paragraph shall not apply to notices, documents or papers handed from person to person, and shall not apply to hand-held signs;

K. To camp or lodge therein or make or kindle a fire for any purpose unless pursuant to a permit for a public meeting issued therefor by the director of public works and planning as in this chapter provided. For purposes of this subsection, "camp" and "lodge" mean utilizing or storing tents, temporary shelters, lawn and folding chairs, sleeping bags, bedding, cooking equipment, ice chests, and similar items; to sleep; to stay, live or reside temporarily or irregularly. An activity shall constitute camping or lodging when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging;

L. To sell or offer for sale any merchandise, article or thing whatsoever unless incidental to a public meeting and specifically allowed as a provision of a valid permit from the director of public works and planning for the purpose of a public meeting or to practice or carry on, conduct, or solicit for any trade, occupation, business or profession. The following are exempted from the prohibitions of this subsection: any sales or offers to sell under any board of supervisors-approved mobile food vendor contract or approved farmers' market;

M. To go upon any lawn or grass lot where prohibited by the director of public works and planning or designee, and that prohibition is indicated by proper and legible signs;

N. To open, expose, obstruct or interfere with any water pipe, sprinkler, hydrant, stopcock, basin, light, sign or other installation in the park;

O. To obstruct, prevent, impede or interfere with others' pedestrian ingress and egress to any building or structure, or vehicular ingress and egress to any parking lot;

P. To obstruct, prevent, impede or interfere with the passage of others upon paved, concrete or asphalt walkways;

Q. Through amplified or excessive noise, to substantially interfere with or substantially impair government employees' performance of work duties;

R. To cause any mobile container, including, but not limited to wagons, baskets, shopping carts or other similar devices (collectively: "mobile containers"), to be present on Courthouse Park grounds, except for the sole purpose of passage through the park on the walks thereof;

S. To abandon or leave unattended on Courthouse Park grounds, for any period of time, any backpack, bag, box, suitcase, duffel, package, shopping cart, shopping basket, or any other container or similar item.

T. Pursuant to the county's substantial government interest in maintenance of Courthouse Park and nearby government buildings in a secure, attractive, aesthetic, safe and sanitary conditions, for the use and enjoyment of all citizens, for any person to have or possess on Courthouse Park grounds, or to cause to be present upon Courthouse Park grounds, more than eight cubic feet of personal property.

a. Exceptions: The prohibition set forth in this subparagraph T shall not apply to:

(1) Persons transporting personal property into or out of any government building on Courthouse Park grounds, and for legitimate government business (e.g., transporting of exhibits into the courthouse).

(2) Persons having or possessing personal property in the course of a public meeting for which a public use permit has issued, where the permit expressly allows the excess volume of personal property to be present on Courthouse Park grounds.

(3) Persons having or possessing personal property, including but not limited to trucks, stands, and food items, under any board of supervisors-approved mobile food vendor contract or board of supervisors-approved farmers' market.

(4) Persons having or possessing personal property in a mobile container, provided that the person and mobile container are passing through the park on the walks thereof, in accordance with subparagraph R. of this section.

b. "Personal property" defined: For purposes of the prohibition set forth in this subparagraph T, "personal property" excludes clothing worn on the person, and includes items placed on the ground, or held in the hand, or in attended shopping carts, carts, bags, backpacks or other containers. "Personal property" also excludes items stored in motor vehicles lawfully present on county property, and items possessed for the purpose of, and typically associated with, free speech, including but not limited to signs, banners, and handbills.

c. Measurement of "personal property": Except for cardboard boxes, the volume of an item designed to be collapsible (e.g., folding chair, card table) shall be measured in its collapsed state. The volume of a container (e.g., milk crate, cardboard box in assembled state) is a function of the space taken up by its walls, and is not limited to the amount of other property located therein. For example, a milk crate with walls measuring one foot by one foot by two feet will be counted as two cubic feet, regardless of the amount of other property which is stored in the milk crate. The volume of a cardboard box in its assembled state will not be measured in its collapsed state, but by the space taken up by the box's walls in the box's assembled state.

U. To use or tap into outdoor electrical outlets, except in the course of a public meeting for which a public use permit has issued, where the permit expressly allows use or tapping into outdoor electrical outlets.

(Ord. No. 13-022, § 1, 10-22-2013; Ord. No. 12-001, § 1, 1-24-2012; Ord. 02-025, § 1; Ord. 611 § 20, 1980; Ord. 542-A-2 § 1, 1974; prior code, § 205)

A. Each person who violates any of the following provisions of chapter 13.20 of this title is guilty of a misdemeanor, but may be charged and prosecuted as an infraction in the discretion of the prosecuting agency: 13.20.030; 13.20.060.A; 13.20.060.B; 13.20.060.C; 13.20.060.I; 13.20.060.K; 13.20.060.O; 13.20.060.P; 13.20.060.R; 13.20.060.S; and 13.20.060.T. Such violations are subject to the penalties prescribed in section 1.12.010 or section 1.12.020 of chapter 1.12 of title 1 of this Code as applicable.

B. Each person who violates any of the following provisions of chapter 13.20 of this title is guilty of an infraction and subject to the penalties prescribed in section 1.12.020 of chapter 1.12 of title 1 of this Code: 13.20.060.D; 13.20.060.E; 13.20.060.F; 13.20.060.G; 13.20.060.H; 13.20.060.J; 13.20.060.L; 13.20.060.M; 13.20.060.N; 13.20.060.Q; and 13.20.060.U.

(Ord. No. 14-002, § 1, 1-28-2014)