HomeMy WebLinkAboutOrdinance 956 N.C.S. 10/06/1969•
EER:skw 9/22/69
ORDINF_NCE NO. 956
N.C.S.
INTRODUCED BY COUNCILPAP.N SECO DED Y
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AN OR.DINP.NCE AP?.ENDING SECTION 16.17 OF THE
PETALUMA CITY CODE OF 19'58 TO PROHIBIT SIT -
TING, LYING OP. SLEEPING ON ANY STREET, SIDE -
WALK OR ANY PUBLIC PLACE SO AS TO OBSTRUCT THE
FREE PASSAGE OR CUSTOMARY USE THEREOF AND PRO-
VIDING PENALTIES FOR VIOLATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETA_LUMA AS FOLLOWS:
Section 1 . Chapter 16, Section 16.17 of the Petaluma
City Code of 1958 is hereby amended to read as follows:
Section 16.17 Obstructing passacre on sidewalks, etc
It shall be unlawful for any person to'obstruct free
passage or customary use of streets, sidewalks or public places in
the manner following:
(a) No person shall stand in or upon any street, sidewalk or
other public way open for pedestrian travel, or otherwise
occupy any portion thereof in such a manner as to annoy or
molest any pedestrian thereon, or so as -to obstruct or
unreasonably interfere with the. free passage of pedestrians.
(b) No person shall loiter in any tunnel.,, pedestrian subway, or
on any bridge, overpass, or at or near the entrance thereto
or exit therefrom, or at or near any abutment or retaining
wall adjacent to such entrance or exit, or any retaining
wall or abutment adjacent to any freeway, street or highway -
open and used for vehicular traffic; or adjacent to that
portion thereof used for vehicular,traffic, or on any public
property in the proximity of such bridge, overpass or retain-
ing wall or abutment.
(c) No person shall sit, lie or sleep in or upon any street,
sidewalk or other public way. The provisions of this section
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shall not apply to persons sitting on the curb portion of
any sidewalk or street while attending or' viewing any law-
fully conducted parade; nor shall the provisions of this
section apply to persons sitting upon benches or other
seatincY facilities - lawfully provided for such purpose.
(d) No person shall sit or stand on or at the entrance of any
church, hall, theater, school or other.place of public
assemblage in anv manner so as.to: obstruct such entrance.
(e) No person shall block, impede or obstruct anv public place
or anv entrance, exit or approach any place of business
in or upon any public place in a manner calculated or with
the intent to prevent, delay, hinder or interfere with the
free passage therealong or therethrough of any other person
who is enterin.a, occupying or leaving any place of business,
or who is performing any services. or labor, or who is seek-
ing or obtaining employment, or who is purchasing, selling;
usina, delivering, transporting or receiving any goods,
wares, merchandise, services, entertainment, accommodations
or articles, or who is attem:ptng'or seeking to do any of
the foregoing; provided that nothing contained herein shall
apply to lawful picketing.
(f) The provisions of this section shall not apply to encroach-
ments approved and authorized by the City Council.
(a) Every violation of this section.is declared to .be a mis-
demeanor. P,nv person, whether principal, agent, employee
or otherwise, who violates any of the provisions of this
section shall be guilty of a misdemeanor and, upon convic-
tion, shall be punishable by a fine of not more than Five
Hundred Dollars ($500) nor less than Twenty -five Dollars ($25),
or by imprisonment in the County trail of'the County of Sonoma
for a term not exceeding six (6) months, or by both such fine
and imprisonment. Such person shall be deemed to be guilty
of a, separate offense for each and every day during any
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portion of which any violation of this section is committed,
continued or permitted by such person, and shall be punish-
able as herein provided.
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Section 2 . Sev.erability If any section, subsection,
sentence, clause or phrase of this Ordnlance is for any reason held
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to be unconstitutional or invalid, such decision shall not affect
the validity of the rema'inina portions of this Ordinance. The
City Council of the City of Petaluma hereby declares that it
would have passed this Ordinance, and every section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, or
phrases be declared unconstitutional or invalid.
Section 3. The repeal of the ordinances or parts of
ordinances effectuated by the enactment of this Ordinance shall not
be construed as abating any actions now pending under or by virtue
of such ordinance or as discontinuance, abating, modifying or al-
tering any penalty accruing or to accrue or as affecting the lia-
bilit�.7 of any person, firm or corporation or as waiving any right.
of the municipality under any section or provision existing at the
time of the passage of this Ordinance,.
Section 4 . The City Clerk be, and she is hereby dir-
ected to post- publish this ordinance for the period and in the
manner as required by the City Charter.
ORDERED POSTED /RNRRRPRNN this 6th day of October , 1969.
AYES: COUNCILMEN BATTAGLIA, BRAINERD, BRUNNER, CAVANAGH, JR.,
JOERGER, MAT.TEI, AND MAYOR PUTNAM.
NOES: NONE.
P.BSENT:. NONE
P?av_ or
Fttest: LILLIAN NOMMSEN
City Clerk
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I 'hereby certlfy' that the within ordinance was posEed, in `three public ,places: pin, the ,City of Petaluma, torwit: In' front
_ of, the City.'Hall, : _. ..... :- and, `at
.'
.._._. on the.. -.? th....:d'ay of
_October,..::....: ....... I9.
I> h "ereby •certify that. "ihe,'whole number of members of the,
Council of the: City of Petaluma, is seven, and, that the
,foregoing 'ord nance. °was passed by the. Council.,at =its meeting of:_ .._2_
- t11 ..... day 'of ,. .... r'
19 ...6 9_. by the,"follow ng vote; °to %wit:
Brainerd
AYES': _COUN.CILIVIAN ........ ....................................... _ =;.::
Battagial
C0UNCIL'MAN .. .. ... ...............•.
AY COUNCILMAN - - -,:: Brunner___
COUNCILIv1t1N - _ Cc1V�a Jr
AYES'- 'COUNCILMAN :_ Joerger
_ ... ..,...
Mattel
COUNCILMAN. ........... . .. . .. . . . . .. .......... ......:. . ...:_- .......;
MAYOR ....................... Putnam .... ..... ..... ...
None
NOES: .. ..
ABSENT :,_.............. ......
ATTES - - .
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(SEAN) CITY CLERK
The `foregoing Ordinance Number Charter Series, .havin ", been re" Marl . passed' and resented to me
r _ ., .. 9 5'6 New g g y P
this 2 O th October';
day o _ 19
69
. 20th
is hereby approved by me this' - .. - .day
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f tober- 69..,
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MAYOR