Sacramento Municipal Code Ch. 9.16 Offenses Against Property

No person shall place or keep chairs, benches, seats or any other obstructions in the aisles of a church, theatre or other public building during services or entertainments therein. (Prior code § 26.01.001)

No person shall engage in scuba diving or any other form of diving in, or moor a vessel or other object in the area described as follows:

All that certain real property situated in the city of Sacramento, county of Sacramento, state of California, described as follows:

BEGINNING at a point where the flood wall of the Sacramento River intersects the Northern right-of-way line on J Street; thence, Westerly along a line perpendicular to the flood wall 150?, thence, Southerly along a line parallel to the flood wall 150?; thence, Easterly along a line perpendicular to the flood wall 150? or that distance to the point of intersection with the flood wall; thence, Northerly along the wall 150? to the point of beginning; containing 9,000 square feet, more or less.

(Prior code § 26.01.004)

The portion of the area, described in Section 9.16.020 of this chapter, which consists of waterfront facilities, shall be posted with signs which contain the prohibitions contained in Section 9.16.020 of this chapter. (Prior code § 26.01.005)

The provisions of Section 9.16.020 of this chapter shall not apply to persons who hold a valid permit to dive or moor within the area described in Section 9.16.020 of this chapter, issued by the California State Lands Commission. (Prior code § 26.01.006)

Violation of the provisions of Section 9.16.020 of this chapter shall be a misdemeanor. (Prior code § 26.01.007)

Every door, used generally for ingress and egress, of each church, theatre, public hall, schoolhouse and every other building, room or place designed, intended or used for any public assemblage of people within the city shall be so hung as to open freely outwardly. (Prior code § 26.01.009)

No person shall maliciously erect or maintain in the city, for the purpose of annoying the owners or occupants of adjoining property, any fence or other structure in the nature of a fence unnecessarily, exceeding six feet in height. (Prior code § 26.01.020)

No person shall write, print or make marks upon any glass used in the construction of a show window or store front or window or upon any glass used in an automobile window or windshield with a candle, candle grease, hard soap or any other substance which will deface or injure such glass. (Prior code § 26.01.043)

Every person in possession of land upon which is situated a swimming pool who fails to either securely cover the pool when it is not in use or to adequately fence the area adjacent so that the pool is made inaccessible to children is guilty of an infraction. (Prior code § 26.01.048)

No person shall wilfully, carelessly or negligently take down, move in any manner whatsoever, obstruct or interfere in whole or in part with the working of any telegraph or telephone wires without the consent of the owner. (Prior code § 26.01.054)

The consent of the city to temporarily take down or interfere with the working of any telegraph or telephone wires owned or operated by the city may be granted by the chief of police, upon written application first approved by the chief of the fire department. Such application must state the place where such wires are to be taken down or the point where the interference is to take place, and the specific hours, not more than two, and those in the daytime, during which the working of the line will be interfered with. The person obtaining such consent must notify the chief of the fire department thereof before acting upon such consent. (Prior code § 26.01.055)

Every person creating or maintaining any telegraph or telephone line within the city shall erect and maintain the same upon planed and painted posts or other structures, sufficiently high so that the wires shall in no manner interfere with travel, trade or traffic within the city, and shall at all times keep the streets or alleys in good repair at and around the base of such posts or other structures, where the same are set in the streets or alleys. (Prior code § 26.01.056)

It is unlawful and a misdemeanor for any person to enter, be upon, or remain upon the premises of any parking garage, parking lot, parking structure or other parking facility owned by the city, the parking authority of the city, the redevelopment agency of the city, or the housing authority of the city, unless that person is on the premises for the purpose of parking a vehicle or retrieving a vehicle. This section shall not apply to city employees acting within the course and scope of their employment or any other person authorized to enter by the city parking administrator. (Prior code § 26.01.077)

A. Definitions. The following words and phrases shall have the following meanings when used in this section:

"Owner" means the actual owner of the property, a lessee, or other person in charge of the private property or business premises.

"Agent" means any person or organization expressly authorized by the owner of the private property or business premises to serve the notice of trespass.

a. "Person" as used in this subsection shall include:

i. A proprietary private security officer as defined in California Business and Professions Code Section 7574.1;

ii. A security guard, security officer or street patrolperson as defined in California Business and Professions Code Section 7582.1.

b. "Organization" as used in this subsection shall include a private patrol operator as defined in California Business and Professions Code Section 7582.1.

"Notice of trespass" means a pre-printed document in triplicate form which contains:

a. A description and address of the private property or business premises;

b. The date on which the notice of trespass was given;

c. The name of the owner or agent serving the notice of trespass;

d. The name and date of birth of the person being given the notice of trespass;

e. The text of Sacramento City Code Section 9.16.140(B)(1);

f. A declaration of proof of service which states where, when, and upon whom the notice of trespass was served. This declaration of proof of service shall be signed by the owner or agent serving the notice of trespass.

B. Violation.

1. It is unlawful for any person to enter or remain upon any private property or business premises after having been notified by the owner or agent to keep off or keep away therefrom. Such notification shall be provided by service of a notice of trespass on such person.

2. A violation of this section is a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.

C. Exceptions. Subsection B of this section shall not apply in any of the following instances:

1. Where the owner or agent rescinds a notice of trespass by the giving of written permission to enter or remain upon the private property or business premises. Such permission shall void the existing notice of trespass, and should the owner or agent want to exclude the person at a later time, that person shall be renoticed pursuant to subsection B.

2. Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of age, ancestry, color, disability, genetic information, gender (including gender identity and gender expression), marital status, medical condition, national origin, race, religion, sex, or sexual orientation.

3. Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers.

4. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities.

5. Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech including, but not limited to, peaceful expressions of political or religious opinions not involving offensive personal conduct.

6. Where the person who is upon another's private property or business premises is there under claim of legal right. This exception is applicable, but not limited to, the following types of situations involving disputes where the participants have available to them practical and effective civil remedies:

a. Marital and post-marital disputes;

b. Child custody or visitation disputes;

c. Disputes regarding title to or rights in real property;

d. Landlord-tenant disputes;

e. Disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute;

f. Employer-employee disputes;

g. Business-type disputes such as those between partners;

h. Debtor-creditor disputes;

i. Instances wherein the person claims rights to be present pursuant to order, decree or process of a court. (Ord. 2013-0038 § 11; Ord. 2007-010 § 1)

A. The North Laguna Creek wildlife area is withdrawn from the personal access and use of members of the public. Except as provided below, it is unlawful and a misdemeanor for any member of the public to stand, loiter, or stay within the North Laguna Creek wildlife area, and anyone found therein is deemed to be a trespasser and shall be punished pursuant to the provisions of the California Penal Code.

Definition: The North Laguna Creek wildlife area is the area that is bounded by Sheldon Road to the south, Jacinto Road to the North, Bruceville Road to the east and Franklin Boulevard to the west, which is enclosed by a post and cable network or fence.

B. Subsection A of this section shall not apply to (1) federal, state, county or city employees acting within the course and scope of their employment or; (2) any other person granted permission to enter the North Laguna Creek wildlife area for scientific, environmental, educational or maintenance purposes by the city manager or the city manager's designee; provided, however, that no person shall be granted entry for any purpose which is inconsistent with the terms and conditions of the permit received by the city from the United States Army Corps of Engineers, pursuant to Section 404 of the Clean Water Act. (Prior code § 26.01.079)