Mission Viejo Municipal Code Ch. 11.16 Offenses Against Property

Footnotes:

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Cross reference— Citations in lieu of immediate arraignment, ch. 1.08; integrated waste management regulations, ch. 6.10; operational policies for parks and recreational facilities, ch. 13.02; use regulations for parks and recreational facilities, ch. 13.04; protection of roads during construction, ch. 14.04.

State Law reference— Vandalism generally, Penal Code § 594.

No person shall paint, post, attach or affix any handbill, dodger, notice, sign or advertisement upon or to any bridge, fence, building or other property belonging to the city or any tree situated in any public highway of the city; and no person shall deface, mar or disfigure any bridge, fence, building or other structure belonging to the city, or any tree situated in any public highway of the city, by painting, cutting, scratching or breaking the same or attaching or affixing anything thereto.

(Ord. No. 88-12, § 2(3-8-1), 6-27-88)

Nothing contained in this chapter shall be construed to prohibit the erection or placing in any highway of mileposts, mile boards, guide boards or guideposts, or the painting, posting, attaching or affixing of warning signs, notices or signboards, upon bridges, fences, buildings or other structures belonging to the city, under authority of the city council.

(Ord. No. 88-12, § 2(3-8-2), 6-27-88)

(a) Use by adults prohibited. It shall be unlawful for any person age 16 years or over to enter upon or use any public playground equipment within the city.

(b) Defined. Public playground equipment is hereby defined as follows:

(1) Rock-a-bye swings.

(2) Stationary circular travel rings.

(3) Giant strides.

(4) Ocean waves.

(5) Settee swings.

(6) Horizontal ladders.

(7) Graduated horizontal bars.

(8) Board teeter outfits.

(9) Kindergarten chair swings.

(10) Combination straight travel rings.

(11) Trapeze rings.

(12) Merry-go-rounds.

(13) Slides.

(14) Other equipment designed for playground use by children.

(Ord. No. 88-12, § 2(3-8-13), 6-27-88)

It shall be unlawful for any person to enter upon or go upon the lands of another, under cultivation or enclosed by a fence, for any purpose whatever, without the consent in writing of the owner of such premises, or of the person or persons entitled to the use and occupancy thereof, except in the lawful performance of an official duty.

(Ord. No. 88-12, § 2(3-8-24), 6-27-88)

It shall be and is hereby declared unlawful for any person, other than the owner or lessee of the hereinafter designated land or lands to cut, hack, injure, destroy, move or remove any cane, reeds, sticks, grass, bamboo, trees, lumber, brush, weeds or vegetation of any kind or nature or printed, painted or written signs, or to dig, move or remove any sand, gravel, rocks, dirt, soil, debris or other material or substance, or to start, build or maintain fires of any nature whatsoever in or on creeks, canals, channels or rivers or the banks, beds, levees, dikes or embankments of such creeks, canals, channels or rivers or other land or lands of another located in the city without the written consent of the owner or lessee of such creeks, canals, channels or rivers, or the banks, beds, levees, dikes or embankments of such creeks, canals, channels or rivers or other land or lands, or except in the lawful performance of an official duty.

(Ord. No. 88-12, § 2(3-8-25), 6-27-88)

It shall be unlawful for any person to mutilate or destroy any Yucca plant or pick out any blooms or blossoms therefrom, whether such plants are growing on public or private land, unless in the case of private land, the owner gives his consent thereto.

(Ord. No. 88-12, § 2(3-8-36), 6-27-88)

It shall be unlawful for any person to operate any motorcycle, motor-driven cycle, minibike, trail bike, motor scooter, jeep, dune buggy or other motor vehicle on real property owned or occupied by another without the written consent of all the owners and occupiers in such operator's possession, unless the owners of the property have posted the property permitting such use. This prohibition does not include the operation of a vehicle or cycle having a valid California vehicle registration by any person possessing a valid California operator's license, upon a public street or highway; this prohibition shall not apply to a public officer or employee acting within the course and scope of his employment; the provisions of this section shall not apply to the operation of such vehicles on driveways, parking lots, race courses or other places where the public is invited to operate such vehicles so long as such vehicle is operated in the reasonable and ordinary manner customary for such use.

(Ord. No. 88-12, § 2(3-8-47), 6-27-88)

It shall be unlawful for any person to operate a vehicle referred to in section 11.16.070 of this Code in such a manner as is reasonably likely to disturb the peace or quiet of any neighborhood or person by reason of noise, dust, smoke or fumes.

(Ord. No. 88-12, § 2(3-8-48), 6-27-88)

(a) No person shall remain upon any private property or business premises, after being notified by the owner, owner's agent, lessee, or by a peace officer acting at the request of any of the above to remove themselves and their possession therefrom. For purposes of this section a lessee includes a tenant in lawful possession of real property and a licensee.

(b) No person, without permission, express or implied, from the owner, owner's agent, or lessee, shall enter upon the private property or business premises after having been notified by the owner, owner's agent, or lessee to keep off or keep away therefrom.

(c) No person shall enter or remain upon posted private property without the permission, expressed or implied, of the owner, owner's agent, or lessee of such posted property or premises.

(d) Exceptions. This section shall not apply in any of the following instances:

(1) Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other applicable provision of law relating to prohibited discrimination against any person on account of sex, race, color, religious, creed, ancestry, national origin, disability, medical condition, marital status, or sexual orientation;

(2) Where its application results in or is coupled with an act prohibited by Penal Code § 365, as the same may be amended from time to time, or any other provision of law relating to duties of innkeepers and common carriers;

(3) Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

(4) Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as, but not limited to, peaceful expressions of political or religious opinions, not involving offensive personal conduct; or

(5) Where the person who is upon another's private property or business premises is there under claim or color of legal right. This exception is applicable, but not limited to, the following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies: marital and postmarital disputes, child custody or visitation disputes, disputes regarding title to or rights in real property, landlord-tenant disputes, disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute, employer-employee disputes, business-type disputes such as those between partners, debtor-creditor disputes, and instances wherein the person claims rights to be present pursuant to order, decree or process of a court.

(e) As used in this section, "posted property" means any property at each corner of which, at each entrance to which, a sign is posted three feet above grade and said sign is composed of wood, metal or other equally substantial material, the face of which is not less than one square foot in area, and upon which, in legible letters not less than two inches in height in black against a white background, appear the words "PRIVATE PROPERTY—NO TRESPASS." In addition, the sign may contain such other words as may be desired, indicating that trespassers are subject to prosecution. Where the area of such property exceeds one acre, the notice shall also be posted a multiple location which are at intervals of not more than 300 feet along or near the boundaries thereof.

(Ord. No. 07-246, § 2, 2-19-07)

Notwithstanding any other enactment by the city, no property or portion thereof that is located in any residential zone, as residential zones are defined in chapter 9.10 of article 11 Zoning Districts of Title 9—Lane Use/Zoning/Subdivision Regulations of the Mission Viejo Municipal Code shall be used for any purpose other than as an occupied dwelling unit with the principal purpose of such occupancy being as a residential dwelling unit. The use of the residential structure for any use not permitted by law or for a primary purpose that is not residential occupancy is expressly prohibited. Examples of expressly prohibited uses include, but are not limited to, the use of dwelling area for indoor agricultural, cultivation or greenhouse uses for the propagation and production of marijuana plants.

(Ord. No. 10-283, § 1, 9-20-10)