San Bernardino Municipal Code Ch. 9.49 Recreational Activities - Shopping Centers

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

RECREATIONAL ACTIVITY. Dancing, including “break dancing” and any similar recreational body or physical movements performed with or without the accompaniment of music, whether performed alone or by couples or groups, and other activities which attract spectators as an amusement or recreational audience or which are done as an exhibition or contest.

REGIONAL SHOPPING CENTER. The Inland Shopping Center or the Central City Mall in the City of San Bernardino.

(Ord. MC-355, passed 3-22-1984)

(A) It is the purpose of this chapter to permit the free passage of pedestrians in, and the unobstructed use of, regional shopping centers.

(B) It is found that the following apply.

(1) Regional shopping centers exist for the primary purpose of providing places for stores to sell merchandise or services to persons who wish to obtain such merchandise or services.

(2) Such shopping centers are also visited by persons who are not transacting any business there, but who are engaging in recreational activities as defined herein.

(3) Such recreational activities attract crowds of people which obstruct access to store entrances, impede the movement of pedestrians on stairs and passageways, harass and annoy shoppers on the premises, monopolize seating, damage landscaping and interfere with the conduct of legitimate businesses.

(4) The city is expending public funds to maintain the vitality of commerce within the community and derives a large portion of its revenues from taxes on commercial activity.

(5) The public areas of the Central City Mall are subject to contractual rights and non-exclusive easements for the benefit of the private property owners within the mall.

(Ord. MC-355, passed 3-22-1984)

Except as authorized by permit, it is unlawful for any person or persons to engage in any recreational activity, as defined in § 9.49.010, whether performed alone or with another person or persons upon any public area or passageway of the enclosed area of any regional shopping center during the business hours of any commercial activity in such regional shopping center.

(Ord. MC-355, passed 3-22-1984)

Recreational or related activities, as defined herein, shall be authorized by a permit, and the City Administrator, or his or her designee, is authorized to issue permits for such recreational activities on any public area or passageway of the enclosed area of any regional shopping center upon completion and filing of an application on an approved city form. A permit shall be issued within three business days after receiving the application therefor upon the same terms and conditions as those imposed on any other user of the facilities and subject to comparable requirements contained in § 5.40.060(D), (E), (F), (G) or (K) relating to solicitations and upon other reasonable conditions as to time, place and manner.

(Ord. MC-355, passed 3-22-1984)

Any person violating any of the provisions of Chapter 9.48 and this chapter shall be deemed guilty of an infraction, and, upon conviction thereof, shall be punished by a fine not exceeding the amounts set forth in § 1.12.030(B).

(Ord. MC-355, passed 3-22-1984)