Chapter 10.08
INTERFERENCE WITH PUBLIC ACCESS*
Sections:
10.08.015 Public Assemblage—Blocking Entrance.
10.08.020 Molesting Pedestrians.
10.08.030 Use of Public Property for Commercial Purposes.
10.08.040 Shining of Lights Into Dwelling Units.
* Prior history: 1949 Code §§ 4241 and 4242; Ords. 957, 1021, 1335, 93-16, 94-37, 96-9, and 2018-19.
10.08.005 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section:
“Cancer treatment center” means a facility for the treatment of cancer located in a mixed-use horizontal zone.
“College” means an institution of higher education, including a community or junior college, college or university including, but not limited to, Orange Coast College and Coastline College.
“Day care center” shall have the same meaning as set forth in Section 1.08.120.
“Public rights-of-way” or “public right-of-way” means the area or areas on, below, or above a public roadway, public highway, public street, public sidewalk, public alleyways, or a utility easement in which the City has interest.
“School” shall have the same meaning as set forth in Section 1.08.120. (Ord. 2023-22 § 438, 2023; Ord. 2023-11 § 1, 2023)
10.08.010 Sitting, Lying, or Sleeping or Storing, Using, or Maintaining or Placing Personal Property in the Public Rights-of-Way.
A. No person shall obstruct a public right-of-way by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property:
1. In a manner that obstructs or impedes passage, as provided by the Americans with Disabilities Act, as amended from time to time;
2. Within ten (10) feet of any operational or utilizable driveway or loading dock;
3. Within ten (10) feet of any fire hydrant, fire plug, or other Fire Department connection;
4. In a manner that obstructs or unreasonably interferes with the use of the public right-of-way for any activity for which the City has issued a permit;
5. Within ten (10) feet of a public restroom;
6. Within ten (10) feet of an operational and utilizable entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited; or
7. Within five hundred (500) feet of a college, school, day care center, or cancer treatment center.
B. No person shall obstruct any portion of any public right-of-way open to use by motor vehicles, or any portion of a bike lane, bike path, or other public right-of-way open to use by bicycles, by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, anywhere within the bike lane, bike path, or other public right-of-way open to use by bicycles.
C. No person shall sit, lie, or sleep or place, store or leave unattended personal property on a public parkway or public median.
This section does not prohibit sitting on the seat of a bench placed upon a sidewalk with the approval of the City or on land not owned by the City. (Ord. 2023-11 § 1, 2023)
10.08.015 Public Assemblage—Blocking Entrance.
No person shall sit or stand on or at the entrance of any church, place of worship, hall, theatre, or other place of public assemblage in any manner so as to obstruct such entrance. (Ord. 2023-11 § 1, 2023)
10.08.020 Molesting Pedestrians.
No person shall willfully, intentionally, or maliciously molest, annoy, obstruct, or hinder any other person passing along any public rights-of-way. (Ord. 2023-11 § 1, 2023)
10.08.030 Use of Public Property for Commercial Purposes.
A. Except as otherwise provided in this section, no person shall use any public right-of-way or parkway or other public property for the purpose of storing or displaying any equipment, goods, materials or merchandise, or any other commercial purpose.
B. Public rights-of-way or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases:
1. For the transmission of water, sewer, gas, electricity, television, radio signals or similar substances or activity pursuant to a franchise granted by the City Council in accordance with the City Charter, City ordinance or State law;
2. For displaying newspapers and periodicals for sale, subject to compliance with the provisions of Chapter 5.70;
3. For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 and the storage is consistent with provisions of the Uniform Building Code;
4. For the temporary display and sale of goods or merchandise by an association of businesses adjoining any street or sidewalk, provided a permit is issued pursuant to Chapter 12.62 and the sale is consistent with Council policy;
5. For the temporary sale or display of goods or merchandise in conjunction with a special event for which a permit has been issued by the City Manager pursuant to Chapter 11.03 and the City Council has approved a resolution of street closure pursuant to the authorization granted by the Cal. Veh. Code;
6. For the conduct of special celebrations, sporting events or similar activities involving a nonprofit corporation, nonprofit association, community organization or similar entity, provided a permit has been issued by the City Manager pursuant to Chapter 11.03, the City Council has adopted a street closure resolution pursuant to the authority granted by the Cal. Veh. Code, and the event, celebration or activity is consistent with Council policy;
7. For sidewalk dining subject to the provisions of Chapter 13.18;
8. For sidewalk vendors in compliance with Chapter 5.97.
C. Sales, events, celebrations, or other activities authorized by this section shall be conducted in strict compliance with the following:
1. In no event shall any public right-of-way closure prohibit members of the public from accessing any business or residence;
2. The commercial activity authorized by subsection (B)(4) of this section shall be permitted no more than twice per calendar year;
3. The commercial activity authorized in subsections (B)(4) and (5) of this section shall not be permitted in any residential zoning district;
4. Sales or events requiring street closures shall be limited to seven days or less;
5. The event sponsor may charge members of the public for access to the event or celebration, but the sponsor shall utilize a procedure which allows members of the public, without fee or charge, to access any property or structure within the area impacted by the closure;
6. The sponsor of the event shall provide, at the sponsor’s sole cost and expense, all security personnel and traffic control equipment required by the City Manager;
7. The sponsor of the celebration or event shall provide insurance, which types and amounts shall be determined by the Risk Manager.
D. The sponsor of any event, sale or celebration authorized by this section shall comply with all conditions imposed by the City Council, or City Manager pursuant to resolution or permit.
E. If any person violates this section, the City may impound the person’s equipment, goods, materials, merchandise and property. The City may also impound these items if it reasonably appears a person abandoned these items on public property.
1. The impoundment may be done by any City employee authorized to enforce this section.
a. At the time of impoundment from a person, the City employee shall issue a receipt to the person that includes the date and time of the impoundment, a description of the items seized, instructions on how to reclaim the impounded items, and the process to appeal the impoundment.
b. The City may immediately dispose of impounded goods or materials that cannot be safely stored or that are perishable.
c. The person may recover the impounded items after thirty (30) days if the person pays an impound fee, if any, along with showing proper proof of ownership.
d. If the items are not reclaimed after sixty (60) days from impoundment, the impounded items will be deemed abandoned and forfeited to the City. The abandoned items may be disposed of at the City’s sole discretion.
e. The City Council may by resolution adopt impound fees, which shall reflect the City’s enforcement, investigation, storage, and impound costs.
2. Any person who has equipment, goods, materials, merchandise or property impounded under this section shall have the right to file a request for an administrative hearing to appeal the impoundment.
a. An appeal shall be filed with the City’s Finance Department, in writing, on forms provided by the Department within ten (10) days from the date of impoundment.
b. The provisions related to Hearing Officers set forth in Section 1.05.070 shall apply. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. After considering all the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the hearing. If the person’s appeal is upheld, the person shall have any items that were not disposed of in accordance with subsection (E)(1)(b) of this section returned to the person, and the person shall not be required to pay any impound fee.
c. The person who has filed an appeal shall be served with a copy of the Hearing Officer’s written decision in the manner prescribed by Section 1.08.080. The decision of the Hearing Officer shall be final as to the City and take effect on the date it is signed by the Hearing Officer. The Hearing Officer’s decision shall be subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5. (Ord. 2024-6 § 1, 2024; Ord. 2023-22 § 439, 2023; Ord. 2023-11 § 1, 2023)
10.08.040 Shining of Lights Into Dwelling Units.
No person shall use any public right-of-way, parkway, waterway, or other public property for the purpose of intentionally shining any flood light, search light, flashlight, or other lighting device into a dwelling unit with the intent to harass or annoy the residents thereof. This section shall not prohibit a police officer from shining a flashlight into a dwelling unit when necessary, in the course of his employment. (Ord. 2023-11 § 1, 2023)