HomeMy WebLinkAbout95-03 Prohibiting Persons on Center Medians of StreetsAN ORDINANCE .OF THE. CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADDING SECTION 10-
169 TO TITLE 10 OF THE COSTA MESA MUNICIPAL
CODE PROHIBITING PERSONS -'ON CENTER MEDIANS OF
STREETS.
THE CITY COUNCIL OF THE.CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa does
hereby find and declare as follows:
WHEREAS, the City of Costa`Mesa has experienced an increase in
aggressive and intimidating acts by'panhandlers soliciting money or..
-other things of value from persons upon public property or private
property open to ,the public that imperils the safety of residents,
visitors and tourists within the City of Costa.Mesa;
WHEREAS, aggressive panhandling constitutes coercion to obtain
contributions from persons who do not desire to make, and would not
otherwise freely make, in the absence 'of such aggressive or
intimidating conduct;
WHEREAS, aggressive panhandling jeopardizes the -City's economy
by discouraging visitors,.tourists and.prospective customers from
coming to. Costa Mesa for -business, recreation and..shopping;
WHEREAS, aggressive panhandling threatens to drive City
residents. to..places. outside of -Costa Mesa for their.recreation,
business and shopping activities, and, such conduct further
undermines the .,publicIs.basic right, to be in and enjoy' public
places .without fear, that they .will be pursued or intimidated'by
-persons seeking handouts;•
WHEREAS, panhandlers increasingly use, stand or sit upon or
otherwise occupy center medians within the streets of the City of
Costa Mesa to pursue or,. intimidate persons in automobiles for
handouts and create safety hazards;
WHEREAS, any pedestrians that use, stand or sit upon, or
otherwise occupy center medians within the streets of the City of
Costa'Mesa.for any purpose other than to do so temporarily while
lawfully crossing any roadway create a safety hazard to themselves
and motor vehicles.
WHEREAS, itis necessary to place reasonable restrictions upon
the time, place and manner in which panhandling. occurs in order to
protect the public health and safety.
Section 2. Section 10-169 is hereby added to Chapter IX of
Title 10_ of the Costa.Mesa Municipal Code to read as follows:
"Sec. 10-169 Standing, Sitting or Occupying Center
Medians Prohibited.
(a). No person shall stand or sit upon, or otherwise
occupy a center median for any purpose other than to do
so temporarily while lawfully crossing'any roadway. For
purposes of this section, .'center median' shall mean and
refer to that portion of a highway, not less than two
feet in width, which is painted -or raised, and which
separates the roadway for.traffic in opposite directions.
.(b) It shall be unlawful for any person to violate any
provision, or fail to comply with any of the requirements
of this section.. Any person violating any provision of
this section or failing to comply -with any of its
requirements shall be deemed guilty of a misdemeanor and
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upon conviction thereof shall be punishable as set forth
in Section 1=33 of this Code.
(c) 'A violation of any of, the provisions of this section
shall constitute a -public nuisance and may be abated by
the City Attorney through civil process by -means of .a
restraining order, preliminary or permanent injunction,
or any other manner provided by law for the abatement of
such nuisance.-"
Section 3'.' Severability.
If any chapter, article, section, subsection, subdivision,
sentence., clause, phrase, or portion of this Ordinance, or the
application thereof to -any person, is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity.
of the remaining.portion, of this Ordinance or its application to
other persons,. The City.Council hereby declares that it would have.
adopted this- Ordinance and each, chapter, article, section,
subsection, subdivision, sentence, clause, phrase or portion`
thereof, irrespective of the- fact that any one or more subsections,
subdivisions, sentences; clauses, phrases, or portions of the
application thereof to any person, be declared invalid or
unconstitutional. No portion of this Ordinance shall supersede any
local, State, or Federal, law, regulation, or codes dealing with
life safety factors.
Section 4. Publication.
This Ordinance shall take effect and be in full force and
effect thirty (30) days from and after its passage and, before the
expiration of fifteen (15) days after its passage, shall ,be
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published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper
of general circulation printed and published in the City of Costa
Mesa, or, in. the alternative, the City Clerk may cause to be
published . -a summary of this'Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date _of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be .published the aforementioned summary and
shall post in the off ice of -the City Clerk a certified copy of this
Ordinance together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED this ,?o& day of 1995.
ATTEST:
Deputy My
y Clerk
of the of Costa Mesa
4
Mayor f the City of Costa Mesa
APPROVED AS TO FORM:
9S
City City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of
the City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 95- 3 was introduced and
considered section by se�tion at a regular meeting of said City
Council held on the a/ day of 1995, and thereafter
passed and adopted as a w�ole at a regul r meeting of said City
Council held on the .20 day of `yam, 1995, by the
following roll call vote:
AYES: COUNCIL MEMBERS: E R;0-k5.otJ, bur -FA, 140P.M3uc1<L&, &ENis, IYIONANH�
NOES: COUNCIL MEMBERS: 1j0 NL'---
ABSENT: COUNCIL MEMBERS: I0 JC
IN WITNESS WHEREOF, I have hereunto pet my hand and affixed the
Seal of the City of Costa Mesa this A/ day of �2C CQ , 1995.
ORDWTANHN A2 -.rIRD 0-8-95)
Deputyity Clerk and ex -officio
o
Clerk the City Council of the
City of Costa Mesa
P,