San Marino Municipal Code Art. 06 Offenses Involving Property

A. Pedestrian Obstructions: It shall be unlawful, except upon written permit issued by the Director of Public Works, for any person to stand or sit in or upon any street or public sidewalk in the City so as in any manner to hinder, obstruct or interfere with the free passage of persons passing along the same. (1954 Code §14.5-1)

B. Sale Or Display Of Goods: It shall be unlawful for any person to use or occupy any street, public sidewalk, park or other public place in the City for the sale, soliciting, advertising, distribution or display of goods, wares or merchandise, services or to leave any goods, wares, merchandise, boxes or barrels upon any such street, public sidewalk, park or other public place. (1954 Code §14.5-2)

C. Stopping Trucks For Loading Or Unloading 2 :

1. It shall be unlawful, except as provided in subsection C2 of this section for any person to stop, stand or park any truck trailer, van or other commercial vehicle weighing in excess of one and one-half (11/2) tons, laden or unladen, or exceeding twenty two feet (22') in overall length, upon any public street in the "Commercial (C-1) Zones" in the City as such zones are defined in chapter XXIII of this Code being the land use plan of the City, for the purpose of loading or unloading goods, wares or merchandise. (1954 Code §14.5-3)

2. Subsection C1 of this section shall not apply:

a. To any person loading or unloading to or from a lot, premises or establishment to which there is not reasonable access or right of access in, on or over a public alley or private right-of-way abutting such lot, premises or establishment; or

b. To any person having a permit for construction purposes as provided in the Building Code 1 of this City. (1954 Code §14.5-4)

It shall be unlawful for any person to wilfully mark, deface, disfigure, injure, tamper with, use, displace, remove, handle or otherwise make use of any fire hydrant, fire plug, fire equipment or fire appurtenances located in or situated upon any street, sidewalk, parkway or other public land in the City without having first obtained a written permit therefor from the Fire Department. (1954 Code §14.4)

It shall be unlawful for any person to:

A. Operate any sprinkler or sprinkling system in such a manner that the water is thrown therefrom so as to fall upon any sidewalk or upon the paved portion of any street.

B. Permit any swimming pool, air-conditioning system, drain or appliance to discharge water or waste upon any sidewalk or upon the paved portion of any street. (1954 Code §14.11)

A. Posting Authorized; Description Of Signs: Any person having possession or control of any of the facilities, plants or utility properties enumerated herein may post, at each entrance to any structure devoted to any use so enumerated, at intervals of not more than three hundred feet (300') 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 (2") 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.

B. Posting Boundary Defined: 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.

C. Where Posting Is Permitted: The places which may be so posted are the following:

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

2. 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.

3. Every reservoir, dam, pumping station, aqueduct, main canal or pipeline of a water system serving water to the public or any portion of the public.

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

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

6. Every plant or vital part thereof or other principal property essential to rendering telephone or telegraph service.

7. Every radio broadcasting central plant or station.

8. Every railroad bridge or tunnel.

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

D. Trespass Within Posted Boundary Unlawful: When any such premises is posted as provided in this section, it shall be 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 to remain in any such posted structure without having upon his/her person the express written consent of the person, department or agency lawfully in possession or control thereof.

E. Loitering With Tools, Etc., Unlawful: It shall be unlawful for any person to loiter in the immediate vicinity of any premises posted as provided in this section while having in his/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 or area.

F. Damaging Signs: 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 section without the consent of the person having possession or control of the premises on which such sign has been erected is guilty of a misdemeanor or an infraction, as determined by the City Prosecutor.

G. Exemptions: This section does not apply to any entry in the course of duty of any peace officer nor to any person transversing an established and existing public sidewalk, street or highway. (1954 Code §14.12; amd. 1994 Code)

A. It shall be unlawful for any person for compensation to trim trees on Sundays or any holiday 3 recognized by the City.

B. This section shall not apply to tree trimming required to protect property following a storm, earthquake or other natural or manmade disaster or to a public utility company.

C. Violation of this section shall constitute a misdemeanor or an infraction, as determined by the City Prosecutor, and shall be punishable as provided in subsection 01.04.03A of this Code. (Ord. 983, 8-21-1990; amd. 1994 Code)

No person may undertake any of the following activities on a tennis court located on property owned by the San Marino Unified School District:

A. Bring onto the court a bicycle, skateboard, roller skates, or rollerblades;

B. Bring onto or allow to remain on the court any dog, cat or other animal;

C. Provide tennis instruction other than as part of a program sponsored by the San Marino Unified School District or San Marino Recreation Department;

D. Bring onto the court a stick or other object capable of marring, gouging or damaging the court, including, but not limited to, a hockey stick, bat or sharp object;

E. Remove or tamper with a tennis court net; or

F. Violate any regulation approved by the San Marino City Council, San Marino Unified School District and San Marino Recreation Department and set forth on a sign posted at the entrance to the tennis court. (Ord. 095-1076, 8-9-1995)

A. Purpose And Findings: The City Council of the City of San Marino finds, determines, and declares that the prohibitions, restrictions, and declarations hereinafter set forth are necessary, appropriate, and in the public interest:

1. To reduce litter, the accumulation of debris, and prevent unnecessary waste caused by the delivery of unsolicited written materials.

2. To restrict the manner and place in which unsolicited written materials may be delivered to residences and commercial locations in a way that is consistent with Martin v. City of Struthers, 319 U.S. 141 (1943), Van Nuys Pub. Co. v. City of Thousand Oaks, 5 Cal. 3d 817, 823 (1971), Watchtower Bible & Tract Soc'y of New York v. Village of Stratton, 536 U.S. 150, 162 (2002), Members of City Council of City of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 809 (1984), and Project 80's, Inc. v. City of Pocatello, 942 F.2d 635, 636 (9th Cir. 1991). Further, such cases support the use of "No Solicitation" signs and continually updated refusal registries.

B. Definitions: For the purpose of this section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

CITY MANAGER: The City Manager of the City of San Marino, or the authorized designee thereof.

DISTRIBUTE: The act of throwing, casting, scattering, or depositing.

FRONT PORCH: An exterior appendage to a principal structure leading to a doorway, including any stairway attached thereto.

PERSON: Any individual, firm, partnership, association, corporation, company or organization of any kind.

REFUSAL REGISTER: The most recent edition of the unsolicited written material refusal register maintained by the City Manager in accordance with this section.

UNSOLICITED WRITTEN MATERIAL: Written material that is delivered to a business or residence in the absence of a subscription agreement.

WRITTEN MATERIAL: Any handbill, pamphlet, circular, newspaper, paper, booklet, poster, leaflet or other printed matter.

• C. Delivery Of Unsolicited Materials: Unsolicited written materials shall only be delivered:

• 1. On the front porch, if one exists, nearest the front door;
• 2. Through a mail slot built into the front door;
• 3. Inside the business's or resident's designated mailbox;
• 4. As an attachment to a front door or exterior of a mailbox; or
• 5. Personally to the owner of the premises.

D. Refusal Register:

1. The City Manager shall maintain a list of those businesses and residences whose owners or occupants have submitted a written expression of their unwillingness to receive unsolicited written material. Such list shall be known formally as the "Unsolicited Written Material Refusal Register". Entries on the refusal register for businesses located in multi-tenant structures shall be based on individual units.

2. The City Manager shall update the refusal register on a quarterly basis, as necessary. The update shall include removing businesses and residences for which the City has received information indicating a change of ownership or occupancy, or information that the owner or occupant no longer desires to be included on the list.

3. The City Manager shall provide a copy of the refusal register to any person without charge.

E. Carrying Of Register: It shall be unlawful for any person to distribute unsolicited written material unless he or she has, upon his or her person, a copy of the refusal register.

F. Prohibited Delivery: It shall be unlawful for any person to distribute unsolicited written material, or to cause unsolicited written material to be distributed, in violation of the following regulations:

1. Unsolicited written material shall not be distributed to any business or residence that is listed on the refusal register.

2. Unsolicited written material shall not be distributed to any business or residence that has conspicuously displayed a "No Solicitation", or "No Solicitors" sign.

G. Exemption: The provisions of this section shall not apply to the following:

1. The distribution of United States mail, telegrams or other matter preempted by State or Federal law.

2. The posting of legally required notices.

H. Penalty For Violation: Violation of this section shall be prosecuted as an infraction. (Ord. 0-18-1339, 10-10-2018)