Turlock Municipal Code Art. 3 Prohibition Of Unauthorized Presence In Private Or Public Parking Lots

(a) No person or vehicle shall be or remain present in a private or public parking lot, or in an area of a private or public parking lot, which has been sign posted to prohibit unauthorized presence pursuant to Section 4-14-304 of this article which person or vehicle has received adequate written notice that continued presence in the private or public parking lot is a violation of this article.

(b) For the purposes of this article, "private or public parking lots" shall mean and include a single off-street parking lot situated on one private or public property and may also mean and include a parking lot situated on a number of individual private or public properties and/or private or public parking lots serving a number of businesses or public entities that include common means of vehicular and pedestrian access between said private lots.

(736-CS, Enacted, 07/11/1991)

(a) When and where presence in the entire parking lot is not prohibited, physical barricades and signs shall be placed to designate the area(s) in which there is to be no person or vehicle presence during the prohibited hours.

(b) The property owner, or his or her authorized representative, shall not erect any barricades without the prior written authorization from the City of Turlock Fire Chief and shall be subject to the terms and conditions established by the Fire Chief. The Fire Chief shall seek the input and comments of other affected City of Turlock departments including, but not limited to, the Community Development Department.

(736-CS, Enacted, 07/11/1991)

(736-CS, Enacted, 07/11/1991; 806-CS, Amended, 03/23/1993; 869-CS, Repealed, 03/30/1995)

(a) This article may be enforced only in those private or public parking lots or areas of private or public parking lots, that have been sign posted prohibiting unauthorized presence.

(b) The signs shall state to the effect that presence in the private or public parking lot is unauthorized and the specific hours that such unauthorized presence is prohibited, and shall reference and this article, and be in substantially the following form:

(1) Not less than seventeen inches (17") by twenty-two inches (22") with lettering not less than one inch (1") in height;

(2) Black lettering on a white background.

(736-CS, Enacted, 07/11/1991)

(a) The private or public property owner, or an authorized representative therefore, shall cause to be published in a newspaper of general circulation to run for a period of not less than five (5) calendar days in the City of Turlock an advertisement stating the hours during which presence in the private or public parking lot is unauthorized, shall reference this article, shall state that the property owner has requested that the City of Turlock Police Department enforce this article and be in substantially the following form:

(1) Not less than two (2) columns wide by four inches (4") high.

(736-CS, Enacted, 07/11/1991)

The City of Turlock Police Department may enforce this article on private property only after the private property owner, or his or her authorized representative, has requested in writing that this article be enforced on their private property and has posted signs on said property pursuant to Section 4-14-304 of this article and has caused an advertisement to be published pursuant to Section 4-14-305 of this article.

(736-CS, Enacted, 07/11/1991)

(736-CS, Enacted, 07/11/1991; 869-CS, Repealed, 03/30/1995)

(a) Violation of this article is an infraction. The minimum penalty for a first conviction for violating this article is a one-hundred dollar ($100.00) fine; for a second conviction within one (1) year, the minimum penalty is a two-hundred dollar ($200.00) fine; for a third or subsequent conviction within one (1) year, the minimum penalty is a two-hundred fifty dollar ($250.00) fine.

(b) Notwithstanding the penalty provisions of Section 4-14-307(a) of this article, if the City Attorney finds and declares that the defendant is a habitual offender of the provisions of this article, the City Attorney may elect to prosecute such violation as a misdemeanor. For the purposes of this article, a habitual offender shall mean and include a person who has demonstrated a pattern of conduct which is evidenced by a combination of a warning and infraction or repeat warnings within a one hundred and eighty (180) day period.

(736-CS, Enacted, 07/11/1991; 806-CS, Amended, 03/23/1993)