Chapter 9.12
PUBLIC AND QUASI-PUBLIC PLACES

Sections:

9.12.010    Public and quasi-public places – Obstruction – Interference with free passage on streets, sidewalks, etc.

9.12.020    Public and quasi-public places – Obstruction – Loitering in or about tunnels, bridges, etc.

9.12.030    Public and quasi-public places – Obstruction – Lying or sitting so as to obstruct passage of other persons.

9.12.040    Public and quasi-public places – Obstruction – Churches, schools and places of business.

9.12.050    Public and quasi-public places – Obstruction – Exceptions as to encroachment permits.

9.12.060    Public and quasi-public places – Obstruction – Violations.

9.12.070    Public and quasi-public places – Loitering in public and private premises.

9.12.080    Superseded.

9.12.090    City plaza, public parks and recreation grounds – Protection of use and enjoyment.

9.12.100    City plaza, public parks and recreation grounds – Hours.

9.12.110    City plaza, public parks and recreation grounds – Disorderly conduct.

9.12.120    City plaza, public parks and recreation grounds – Alcoholic beverages.

9.12.130    City plaza, public parks and recreation grounds – Control of refuse and litter.

9.12.140    City plaza, public parks and recreation grounds – Penalties.

9.12.150    City plaza, public parks and recreation grounds – City Council to establish policy for specific uses and activities.

9.12.160    Superseded.

9.12.170    Regulation of consumption of alcoholic beverages.

9.12.010 Public and quasi-public places – Obstruction – Interference with free passage on streets, sidewalks, etc.

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 manner as to annoy or molest any person thereon, or so as to obstruct or unreasonably interfere with the free passage of persons and vehicles. (Ord. 521 § 1. Code 1964 § 13-17.1.)

9.12.020 Public and quasi-public places – Obstruction – Loitering in or about tunnels, bridges, etc.

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 retaining wall or abutment. (Ord. 521 § 2. Code 1964 § 13‑17.2.)

9.12.030 Public and quasi-public places – Obstruction – Lying or sitting so as to obstruct passage of other persons.

No person shall sit or lie in or upon any street, sidewalk or other public way in such manner to unreasonably prevent, delay, hinder, obstruct or interfere with the free passage of any other persons. The provisions of this section shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any lawfully conducted parade; nor shall the provisions of this section apply to persons sitting upon benches or other seating facilities lawfully provided for such purpose. (Ord. 521 § 3. Code 1964 § 13-17.3.)

9.12.040 Public and quasi-public places – Obstruction – Churches, schools and places of business.

No person shall block, impede or obstruct any entrance, exit or approach to any hall, church, school or other public place or to any place of business in such manner to unreasonably prevent, hinder, delay, obstruct or interfere with the free passage of any other person who is entering, occupying or leaving any of the aforesaid places, or who is performing any service or labor, or who is seeking or obtaining employment, or who is purchasing, selling, using, delivering, transporting or receiving any goods, wares, merchandise, services, entertainment, accommodation or articles, or who is attempting or seeking to do any of the foregoing; provided, that nothing contained herein shall apply to lawful picketing. (Ord. 521 § 4. Code 1964 § 13-17.4.)

9.12.050 Public and quasi-public places – Obstruction – Exceptions as to encroachment permits.

The provisions of HMC 9.12.010 through 9.12.040 shall not apply to encroachments under permits issued pursuant to this code or other ordinances of this City. (Ord. 521 § 5. Code 1964 § 13-17.5.)

9.12.060 Public and quasi-public places – Obstruction – Violations.

Every violation of HMC 9.12.010 through 9.12.040 is declared to be a misdemeanor, punishable as provided in HMC 1.08.010. Each day during any portion of which any violation of HMC 9.12.010 through 9.12.040 is committed, continued or permitted is deemed a separate offense, and shall be punishable as such. (Ord. 521 § 6. Code 1964 § 13-17.6.)

9.12.070 Public and quasi-public places – Loitering in public and private premises.

It shall be unlawful for any person to wander in or about any of the public streets, alleys, courts, parks or other places within the City at late or unusual hours of the night without any visible or lawful business. Every person who, whether on foot, in a vehicle, or otherwise, lingers or loiters about any public street, alley, court, park or other public place within the City without any lawful business or with the intent to injure or interfere with any property or personal property rights of any other person shall be guilty of a misdemeanor and punishable as described in this code. Every person who roams about, lingers or loiters upon any private property or in, upon or about any business premises or building, office building, hotel, apartment house, shopping center, shopping center parking lot or any premises open to the public within the City either with the intent to injure any property or personal or property rights, or at times or under conditions when permission is denied by the lawful owner or occupant of such premises for the general public to be in or upon such premises, or with the intent of interfering with, obstructing or injuring any lawful business or occupation carried on by the owner or occupant of such premises or any person lawfully present therein, is guilty of a misdemeanor, punishable as provided in this code. (Ord. 535 § 1. Code 1964 § 13-17.7.)

9.12.080 Public and quasi-public places – Alcoholic beverages.

Superseded by Ord. 1023. (Ord. 597 § 1. Code 1964 § 13-17.7-1.)

9.12.090 City plaza, public parks and recreation grounds – Protection of use and enjoyment.

It is the purpose of the City Council, in the adoption of the regulations contained in HMC 9.12.100 through 9.12.140, to afford the residents of the City and persons lawfully visiting the City the fullest possible use of the City plaza, park grounds and other recreational facilities within the City. Observance of the regulations contained in the following sections shall be a condition precedent to the use by members of the public of the City plaza, public parks and recreational grounds of the City. (Ord. 565 § 1. Code 1964 § 13-17.8.)

9.12.100 City plaza, public parks and recreation grounds – Hours.

The City plaza, all public parks and recreation grounds of the City are closed between the hours of 11:00 p.m. and 6:00 a.m., unless otherwise specifically authorized or ordered by the City Council, and then only in connection with specially permitted group recreational activities, and it shall be unlawful for any person to enter, loiter or remain in the City plaza or in any park or recreation ground between the hours of 11:00 p.m. and 6:00 a.m. This section does not prohibit the passage by any person through such grounds for the purpose of reaching a destination while pursuing business otherwise lawful. (Ord. 565 § 2. Code 1964 § 13-17.9.)

9.12.110 City plaza, public parks and recreation grounds – Disorderly conduct.

It is unlawful for any person while within the premises of the City plaza, a public park or recreation ground of the City to engage in threatening, abusive, insulting or indecent language, or to engage in any form of disorderly conduct or behavior, any of which language, conduct or behavior disturbs the peace and enjoyment of other persons in the immediate vicinity lawfully using facilities. The chief of police and other peace officers of the City shall have the right and authority at all times to eject from the public plaza, park and recreation grounds of the City any person acting in violation of the regulations contained in this section. (Ord. 565 § 3. Code 1964 § 13-17.10.)

9.12.120 City plaza, public parks and recreation grounds – Alcoholic beverages.

No person shall possess, consume, give, or transport or sell any alcoholic beverage within the premises of the City plaza, any public park or recreation ground of the City. It is unlawful further for any person to consume or sell any alcoholic beverage within any street or on any sidewalk adjacent to the City plaza or public park or recreation ground of the City. Specific exceptions may be made by permit of the City Council only for purposes of general public festival or celebration, such as for major holidays and gatherings of general public interest. In any event, however, no person who is intoxicated, or who by reason of the consumption of alcoholic beverages or drugs, or narcotics or any combination thereof, is noisy, disorderly, boisterous or otherwise publicly offensive, shall be admitted into or permitted to remain within the City plaza, park or other recreation ground of the City, and the chief of police and other peace officers of the City are authorized to eject any such persons therefrom. (Ord. 565 § 4. Code 1964 § 13‑17.11.)

9.12.130 City plaza, public parks and recreation grounds – Control of refuse and litter.

It shall be unlawful for any person to throw, dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash in the City plaza, any public park or recreation ground of the City, except by depositing the same in trash and garbage cans or other receptacles provided specially for such purpose. (Ord. 565 § 5. Code 1964 § 13-17.12.)

9.12.140 City plaza, public parks and recreation grounds – Penalties.

Every violation of HMC 9.12.100 through 9.12.130, inclusive, is hereby declared to be a misdemeanor punishable as provided in HMC 1.08.010. (Ord. 565 § 6. Code 1964 § 13-17.13.)

9.12.150 City plaza, public parks and recreation grounds – City Council to establish policy for specific uses and activities.

The City Council, in consultation with the parks and recreation commission, may, by resolution from time to time, establish general policies, rules, regulations, criteria and specifications for the use or uses of any particular park, recreation ground or facility, including the City plaza, with respect to the granting of applications for group activities, specific events, activities or other uses desired by organizations or persons on behalf of organizations for limited purposes and periods of time. In consideration of licenses or permits granted to members of the public for such uses or activities, the City Council shall consider the reasons, if any, for which the facility in question is particularly designed, its capacity for the containment of a number of persons at a given time, supporting facilities including but not limited to toilets and other sanitation facilities, availability of food and water, the question whether concentrated use, even for limited periods of time, would injure or destroy turf, landscaping, plant life, structural improvements or other improvements and amenities, whether the desired activity would generate noise or other effect which while not per se unlawful would nevertheless disturb the peace and quiet of the neighborhood or of persons lawfully using and occupying adjoining or neighboring properties, and whether or not the use of activity desired is promotive of recreation, cultural advancement or other objective consistent with the public purpose for which the park, ground or facility has been established or dedicated. Uses or activities which have a commercial aspect, or which involve the selling of goods or merchandise for profit or fund-raising, need not be prohibited, but neither shall they be allowed if the sole or dominant purpose of the activity is commercial in nature. Fund-raising activity by nonprofit organizations may be permitted if the use of the funds is for the good or benefit of the general community. (Ord. 672 § 1, 1980. Code 1964 § 13-17.13.)

9.12.160 City streets – Other public and semi-public places – Regulation of consumption and possession of alcoholic beverages.

Superseded by Ord. 1023. (Ord. 657 § 1, 1980; Ord. 647 § 1, 1979. Code 1964 § 13-17.14.)

9.12.170 Regulation of consumption of alcoholic beverages.

A.    Except as permitted under subsections (B) and (C) of this section, it is unlawful for any person to consume any beer, wine or other alcoholic beverage at any time on public streets, sidewalks, rights-of-way, alleys, highways, lanes, public parking lots, all public parks and inside or upon any business premises open to the general public during its business hours, not including business premises licensed by the state for on-premises consumption of alcoholic beverages. For purposes of this section, possession of any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, and the contents of which have been partially removed, or with any other indicia of consumption, shall be prima facie evidence of a violation of this section.

B.    This section does not prohibit the dispensing and consumption of alcoholic beverages in public or private places where otherwise permitted by local or state law on condition that any sponsor or host of an event dispensing, or providing for the consumption of, alcoholic beverages will comply with all applicable laws that may apply and exercise reasonable supervision to prevent unlawful consumption of alcoholic beverages by minors, public drunkenness, littering of public places by containers, obstruction of passage or other conduct inimical to public peace, health or safety.

C.    The provisions of subsection (A) of this section shall not apply to the consumption of alcoholic beverages in a public park or designated recreation area under any of the following conditions:

1.    Where the sale or consumption of alcoholic beverages has been approved or licensed by an authorized public agency, including the City Council of the City of Healdsburg; and

2.    Where a permit to dispense or consume alcoholic beverages has been obtained from the City and all required fees for said permit have been paid; and

3.    The use or activity in the public park or designated recreation area is sponsored or authorized by the City, and public consumption of alcohol is expressly included in such sponsorship or authorization. (Ord. 1023 § 2, 2005. Code 1964 § 13-24.)