La Verne Municipal Code Ch. 9.21 Restrictions on Use of Specified Items During Public Assembly

The purpose of this chapter is to prohibit carrying or possessing specified items while attending or participating in any public demonstration, rally, protest, picket line or public assembly.

(Ord. 1097 § 1, 2020)

For the purpose of this chapter:

"Demonstration"

means a public meeting or march protesting against or supporting something or expressing views on a political issue.

"Rally"

means a mass meeting of people making a political protest or showing support for a cause.

"Picket line"

means a boundary established by workers on strike, especially at the entrance to the place of work, which others are asked not to cross.

"Public assembly"

means a group of people gathered together in one place for a common purpose.

"Protest"

means an organized demonstration expressing strong objection to an official policy or course of action.

(Ord. 1097 § 1, 2020)

No person shall carry or possess the following items or articles while attending or participating in any demonstration, rally, protest, picket line or public assembly:

A. Any length of lumber wood, wood, or wood lath that is greater than twelve inches in length unless that object meets all of the following criteria: (1) is made of wood; (2) is one quarter inch or less in thickness; and (3) is blunted at all ends;

B. Any length of metal or plastic pipe, whether hollow or solid, that is greater than twelve inches in length except that hollow plastic piping that meets all of the following criteria may be used solely to support a sign, banner, placard, puppet or other similar expressive display: (1) is one quarter inch or less in its thickest dimension; (2) is blunted at all ends; and (3) is not filled with any material, liquid, gas or solid;

C. Signs, posters, banners, plaques or notices, whether or not mounted on a length of material permitted under subsections A and B of this section, unless such sign, poster, banner, plaque or notice is constructed solely of soft material, such as cloth, paper, soft plastic capable of being rolled or folded, or cardboard material no greater than one quarter inch in thickness;

D. Baseball or softball bats, regardless of composition or size, except that such items are permissible when configured of cloth, cardboard, soft plastic, foam or paper for expressive purposes;

E. Any aerosol spray, tear gas, mace, pepper spray or bear repellant;

F. Any projectile launcher or other device, such as a catapult or wrist rocket, which is commonly used for the purpose of launching, hurling or throwing any object, liquid, material or other substance, whether through force of air pressure, spring action or any other mechanism;

G. Weapons such as firearms, knives, swords, sabers or other bladed devices, axes, hatchets, ice picks, razor blades, nunchucks or martial arts weapons of any kind, box cutters, pellet guns, BB guns, conducted electrical weapons (CEWs), including, but not limited to, Tasers or stun guns, metal/composite/wooden knuckles, or any chain greater than twenty inches in length or greater than one quarter inch in diameter. This paragraph also includes toy or replica firearms unless such toy or replica is fluorescent colored or transparent;

H. Balloons, bottles or any other container such as water cannons or super-soakers, filled with any flammable, biohazard or other noxious matter which is injurious, or induces nausea, sickening or irritating to any of the senses, with intent to throw, drop, pour, disperse, deposit, release, discharge or expose the same in, upon or about any demonstration, rally, protest, picket line or public assembly;

I. Glass bottles, whether empty or filled;

J. Open flame torches, lanterns or other devices that utilize combustible materials such as gasoline, kerosene, propane or other fuel sources;

K. Shields made of metal, wood, hard plastic or any combination thereof; or

L. Bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings.

(Ord. 1097 § 1, 2020)

When feasible, excluding exigent circumstances, a warning shall be issued before enforcement of the provisions of this chapter. Such warning shall be sufficient if provided orally, by posted signs or by amplified announcement.

(Ord. 1097 § 1, 2020)

A. Authorized peace officers, or employees, agents or representatives of the city, shall be exempt from the provisions of this chapter when such officers, employees, agents or representatives of the city are engaged in official business of the city.

B. Nothing in this section shall prohibit an individual from carrying a cane or using a walker or other device necessary for providing mobility so that the person may participate in a public protest, demonstration, rally, picket line or public assembly. Further, nothing in this section shall prohibit the imposition of specific conditions for activities expressly authorized under permit issued by the city of La Verne pursuant to Chapter 10.64 of the La Verne Municipal Code.

(Ord. 1097 § 1, 2020)

This chapter is not intended to violate and shall not be applied or enforced in a manner that violates the United States or California Constitution and applicable state or federal statutes.

(Ord. 1097 § 1, 2020)