Chapter 11.38


11.38.010    Definitions.

11.38.020    Posting.

11.38.030    Entering or remaining on property.

11.38.040    Repealed.

11.38.050    Declaration of purpose.

11.38.010 Definitions.

As used in this chapter, the following definitions apply:

“Public works” means facilities, plants, storage areas, garages, service shops, pumps, pump housings, treatment plants, mixing plants, pipelines, and conduits which are owned by the city and devoted mainly for supplying the citizens of the city with such public services as sewage disposal and treatment, garbage collection and disposal, street and park construction, maintenance and repair, and any public utility operated by the city as owner or lessee.

“Public works area” means the real property owned or leased by the city on which any public works is constructed and within 600 feet of any actual public works structure or facility. Said area includes the underground and tidewater areas.

“Sign” means a sign not less than one square foot in area and upon which letters not less than two inches in height appear which states the area to be a “public works” area and which announce a restriction or prohibition against entry into or use of the area. [Ord. 670 N.S. § 1, 1970].

11.38.020 Posting.

The city manager shall post signs at intervals no less than required under Section 554.1 of the Penal Code of the state of California, at any public works area of the city at which the activity being conducted or condition thereof or conditions thereabout represent, in the judgment of the city manager, or in accordance with standards or findings authorized by law, a hazard to persons who have no authorized business at such place or a hazard to the public works. Nothing contained in this chapter is intended to authorize the city manager to grant permission to persons who have no authorized business or to persons whose presence may constitute a hazard to the public works. The city manager is authorized to remove posted signs at times when such hazards do not or cease to exist. [Ord. 670 N.S. § 1, 1970].

11.38.030 Entering or remaining on property.

It is unlawful for any person to enter or remain upon any public works property of the city of Pacific Grove which has been posted by the city manager without written permission from the city manager. Every person who enters or remains upon posted property without such written permission is guilty of a misdemeanor and may be prosecuted pursuant to Chapter 1.16 PGMC. [Ord. 08-006 § 36, 2008; Ord. 670 N.S. § 1, 1970].

11.38.040 Severability.

Repealed by Ord. 08-006. [Ord. 670 N.S. § 1, 1970].

11.38.050 Declaration of purpose.

The city council adopts this chapter mindful of the provisions of Sections 552 through 555.5 of the Penal Code of the state of California which declares its provisions prohibiting trespassing on posted property to have statewide application. However, the city council does not believe that this chapter conflicts with state law; nor does it deem such provisions of the Penal Code sufficiently broad to protect the city’s public works or to protect trespassers from the city’s public works. In any event the city intends to occupy the field of trespass to public works to the full extent of its control over any of its municipal affairs. [Ord. 670 N.S. § 1, 1970].