Chapter 9.32 — TRESPASS UPON CERTAIN CLASSES OF PROPERTY

Public safety is declared to require that the uninterrupted operation of certain industries essential to national defense, such as the aircraft manufacturing industry, and of companies or agencies supplying water, gas, electric and other essential services, be protected by preventing the intrusion upon the properties thereof of idle, curious or malicious persons and of persons whose presence thereon is not necessary, and by prohibiting the loitering about such places by persons capable of inflicting harm or of impeding the operation conducted thereon.

(Prior code § 3-13.01)

Every person, governmental agency, department or instrumentality having possession or control of any of the facilities, plants or utility properties enumerated in Section 9.32.030, may post, at each entrance to any structure devoted to any use so enumerated, at each entrance to any fenced or enclosed area devoted to any such use, and at intervals of not more than three hundred (300) feet around any area devoted to such use, substantial signs not less than one square foot in area, displaying prominently in addition to such other information as may be deemed desirable, the words, "TRESPASSING -LOITERING - FORBIDDEN BY LAW" in legible letters not less than two inches in height; provided, however, that any public waiting room, dining room, office or other portion of any such structure or premises to which general public access is required in the normal use and operation thereof or where materials are delivered to or received by the public, shall not be so posted.

The "posted boundary" of any area shall be a line running from sign to sign, and such line need not conform to the legal boundary or legal description of any lot, parcel or acreage of land.

(Prior code § 3-13.02)

The places which may be so posted are the following:

A.

Every airport, and every plant, field and structure used for the manufacture, assembling or testing of aircraft;

B.

Every tank-farm, refinery, compressor-plant or absorption plant, marine terminal, pipeline pumping station and reservoir, used for the bulk treatment, bulk handling or bulk storage of petroleum or petroleum products;

C.

Every reservoir, dam, pumping station, aqueduct, main canal or pipeline, of a public water system;

D.

Every reservoir, dam, generating plant, receiving station, distributing station and transmission line of a company or agency furnishing electrical energy;

E.

Every gas generating plant, compressor plant, gas holder, gas tank, and gas main used for the production, storage and distribution of gas;

F.

Every plant or vital part thereof or other principal property essential to rendering telephone to telegraph services;

G.

Every radio broadcasting central plant or station;

H.

Every railroad bridge or tunnel;

I.

Every plant for the bulk storage of dynamite, giant powder, gunpowder or other explosive.

(Prior code §§ 3-13.03, 3-13.04)

When any such premises are posted as provided in this chapter, it is unlawful for any person to go upon or to remain upon any place within the posted boundary of any such premises, or to enter or remain in any such posted structure, without having upon his or her person the express written consent of the person, department or agency lawfully in possession or control thereof, and he or she shall exhibit said consent upon request of any peace officer, or person guarding or in possession or control of such premises; provided, however, the provisions of this section shall not apply to any labor representative having jurisdiction over the employees in any of the plants or other places mentioned in this chapter.

(Prior code § 3 13.05)

It is unlawful for any person to loiter in the immediate vicinity of any premises posted as provided in this chapter while having in his or her possession any explosive, tool, or device, of whatever character capable of doing harm or damage to any structure, machinery, equipment or other property of a similar or dissimilar character, installed or located upon such posted premises.

(Prior code § 3 13.06)

This chapter does not apply to any entry in the course of duty of any peace officer nor to any person traversing an established and existing public sidewalk, street or highway.

(Prior code § 3 13.07)

Every person who tears down, defaces or destroys, or causes to be torn down, defaced or destroyed, any sign placed or posted under the provisions of this chapter without the consent of the person, governmental agency, department or instrumentality having possession or control of the premises on which such sign has been erected is guilty of an infraction.

(Prior code § 3 13.08)

Notwithstanding any provision contained in this chapter, nothing shall be construed as applicable to, or prohibiting, or impairing the right of persons individually or in concert, to peacefully picket, or conduct or participate in a primary or secondary boycott insofar as the same is not prohibited by law.

(Prior code § 3 13.09)