Chapter 9.50
CONDUCT ON PUBLIC PROPERTY

Sections:

9.50.005    Definitions.

9.50.010    Obstruction of movement in public ways.

9.50.011    Lying down on public sidewalks in designated city zones.

9.50.012    Sitting down on sidewalks in designated city zones.

9.50.013    Sitting down on public benches in designated city zones.

9.50.014    Exemptions to Sections 9.50.010, 9.50.011, 9.50.012 and 9.50.013.

9.50.016    Public defecation and urination prohibited.

9.50.020    Conduct on public property, monuments, and lawns.

9.50.030    Abuse or mutilation of trees, plants and lawn.

9.50.040    Repealed by Ord. 79-40 § 1.

9.50.050    Smoking on public property.

9.50.070    Subsequent offense within thirty days.

9.50.100    Repealed by Ord. 84-67 § 2.

9.50.005 DEFINITIONS.

(a)    The definitions set forth in this section apply to Section 9.50.010 and to any other section where these definitions are incorporated by reference, either expressly or by implication.

(b)    Public Place. “Public place” includes any of the following:

(1)    Any area inside a city or school district building;

(2)    Any enclosed area outdoors which is owned or occupied by the city of Santa Cruz and used for public purposes, or which is owned or occupied by a public school district;

(3)    Any unenclosed area outdoors, whether such area is publicly or privately owned or occupied, to which the general public has access and to which, by right or by express or implied invitation, the general public may resort for business, pleasure, or other lawful purpose; this category includes, but is not limited to, publicly owned open areas such as streets, sidewalks, parks, beaches, and open areas that may be either public or privately owned, such as entrance ways, alcoves, yards, and parking lots;

(4)    Any privately owned walkway, whether enclosed or unenclosed, which is open to the general public and which, among its principal purposes, serves to allow pedestrians to pass through or over the premises, without regard to the pedestrian’s destination;

(5)    Outdoor parking lots, whether publicly or privately owned, which are adjacent to streets, sidewalks or other public places open to the general public.

(c)    Public Way. “Public way” means any public place or portion of a public place which serves primarily for the movement of pedestrian, vehicular, or bicycle traffic from one area to another; “public way” includes, but is not limited to, streets, sidewalks, bicycle paths, covered or enclosed walkways for pedestrians, and portions of the municipal wharf set aside for pedestrian or vehicular traffic.

(d)    Enclosed Area. “Enclosed area” means an area which is substantially surrounded by a fence, ditch, wall or other barrier so as to limit access to a relatively few points around the area.

(e)    City Building. “City building” means any building which is owned or occupied by the city of Santa Cruz or any of its agencies and which is used for public purposes.

(f)    School District Building. “School district building” means any building which is owned or occupied by a public school district and which is used for public purposes.

(Ord. 80-17 § 1, 1980).

9.50.010 OBSTRUCTION OF MOVEMENT IN PUBLIC WAYS.

No person shall occupy any portion of a public way or public place so as to obstruct or interfere with the flow of pedestrian or vehicular traffic thereon, whether such person does so alone or together with one or more persons, or with equipment or personal property of any nature, and whether such person does so by standing, sitting, lying, or in any other manner.

(Ord. 94-50 § 1, 1994: Ord. 94-09 § 2, 1994: Ord. 80-17 § 2, 1980; Ord. 69-14 § 1 (part), 1969).

9.50.011 LYING DOWN ON PUBLIC SIDEWALKS IN DESIGNATED CITY ZONES.

No person shall lie down upon a public sidewalk or sidewalk curb in the following zone districts: C-C community commercial, C-N neighborhood commercial, C-B commercial beach, CBD central business district, and R-T tourist residential.

(Ord. 94-50 § 2, 1994: Ord. 94-41 § 1, 1994).

9.50.012 SITTING DOWN ON SIDEWALKS IN DESIGNATED CITY ZONES.

In the C-C community commercial, C-N neighborhood commercial, C-B commercial beach, CBD central business district, and R-T tourist residential zoning districts, no person shall sit upon the following enumerated portions of a public sidewalk:

(a)    At any bus stop;

(b)    Within fourteen feet of any building. Where any portion of a building is recessed from the public sidewalk, the fourteen feet shall be measured from the point at which the building abuts the sidewalk;

(c)    Within fifty feet of any ATM machine or cash disbursal machine, or any other outdoor machine or device which disburses or accepts coins or paper currency except parking meters and newspaper vending machines;

(d)    Within fourteen feet of any fence that abuts a public sidewalk;

(e)    Within fourteen feet of any drinking fountain, public telephone, public bench, public trash compactor, information or directory/map sign, sculpture or artwork displayed on public property, or vending cart;

(f)    Within fourteen feet of any street corner or intersection;

(g)    Within fourteen feet of any open air dining area or cafe extension; or

(h)    Within fourteen feet of any kiosk.

(Ord. 2009-05 § 5, 2009: Ord. 2002-33 § 1, 2002: Ord. 94-50 § 3, 1994: Ord. 94-41 § 2, 1994: Ord. 94-09 § 3, 1994).

9.50.013 SITTING DOWN ON PUBLIC BENCHES IN DESIGNATED CITY ZONES.

(a) In the C-C community commercial, C-N neighborhood commercial, C-B commercial beach, CBD central business district, and R-T tourist residential zoning districts, no person shall sit down upon or otherwise occupy a public bench or use a public bench to store property for more than a total of one hour during any given twelve-hour period.

(b) No person shall be cited under this section unless he or she has first been notified by a police officer, public officer or downtown host that he or she is in violation of the prohibition in this section, and thereafter continues the violation.

(Ord. 2009-05 § 6, 2009).

9.50.014 EXEMPTIONS TO SECTIONS 9.50.010, 9.50.011, 9.50.012 AND 9.50.013.

Sections 9.50.010, 9.50.011, 9.50.012 and 9.50.013 shall not apply in the following cases and to the following persons:

(a)    Persons standing or sitting on the curb or portion of any sidewalk, street or public bench while attending or viewing any parade, festival, performance or similar event permitted under the provisions of this code;

(b)    Any conduct which is in conformity with the terms of any permit granted pursuant to this code;

(c)    Any conduct in public places that are privately owned where such conduct is in conformity with permission granted by the owner of said premises or by the person entitled to the possession of said premises;

(d)    Persons sitting or lying down due to a medical emergency;

(e)    Persons who, as the result of a disability, utilize a wheelchair or similar device to move about;

(f)    Persons who place chairs or stools on public sidewalks in conjunction with display devices or noncommercial uses permitted under Chapter 5.81.

(Ord. 2009-05 § 7, 2009: Ord. 94-50 § 4, 1994: Ord. 94-41 § 3, 1994: Ord. 94-09 § 4, 1994).

9.50.016 PUBLIC URINATION AND DEFECATION PROHIBITED.

No person shall urinate or defecate in public except when using a urinal, toilet or commode located in a bathroom, restroom or other structure enclosed from public view.

(Ord. 94-09 § 6, 1994).

9.50.020 CONDUCT ON PUBLIC PROPERTY, MONUMENTS, AND LAWNS.

No person, after having been notified by a police officer, public officer or downtown host that he or she is in violation of the prohibition in this section, shall:

(a)    Walk, stand, sit or lie upon any monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, median, fire hydrant, street-tree planter, berm, utility cabinet, railing, fence, planter, or upon any other public property not designed or customarily used for such purposes;

(b)    Walk, stand, sit or lie upon any public lawn or planted area which is posted with signs that forbid such conduct; or

(c)    Walk, stand or lie upon any public bench.

(d)    In the C-C community commercial, C-N neighborhood commercial, C-B commercial beach, CBD central business, and R-T tourist residential zoning districts, intentionally throw, discharge, launch or spill any solid object (including but not limited to footballs, hackysacks, baseballs, beach balls, Frisbees, or other similar devices) or liquid substance or otherwise cause any object or substance to be thrown, discharged, launched, spilled or to become airborne.

(e)    Notwithstanding subsection (d), individual bubble street performers and individual jugglers who otherwise comply with all applicable statutes and ordinances are authorized to blow bubbles and juggle in the C-C, C-N, C-B, CBD and R-T zoning districts. When in the judgment of the director of parks and recreation or the police chief, or their respective designees, said bubble-blowing or juggling activity will materially interfere with pedestrian use of the sidewalk or attract crowds which will create such interference, the city may require a bubble street performer or juggler to obtain a noncommercial event permit from the city as a condition to continuing or undertaking a bubble or juggling performance. This subsection shall not be construed to authorize hackysack activity in the referenced zone districts.

(Ord. 2009-05 § 8, 2009: Ord. 2003-20 § 1, 2003: Ord. 2002-34 § 1, 2002: Ord. 94-09 § 5, 1994: Ord. 69-14 § 1 (part), 1969).

9.50.030 ABUSE OR MUTILATION OF TREES, PLANTS AND LAWN.

Without first obtaining a permit from the director of parks and recreation, it is unlawful for any person in any public place to:

(1)    Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant;

(2)    Attach any sign, wire or injurious material to any tree or plant;

(3)    Cause or permit any wire charged with electricity to come in contact with any tree or plant;

(4)    Allow any gaseous, liquid or solid substances harmful to trees and plants to come in contact with the roots, leaves, bark or any part of any tree or plant;

(5)    Tie any horse, dog or other animal to any tree or plant;

(6)    Climb any tree or plant;

(7)    Dig in or otherwise disturb plants, lawn or grass areas, or in any other way injure or impair the natural beauty or usefulness of any plant, lawn or grass areas;

(8)    Willfully mark, deface, disfigure, injure, displace or remove any building, structure, bench, monument, planter, paving or building material, sign, notice or other public property and appurtenances whatsoever.

(Ord. 69-14 § 1 (part), 1969).

9.50.040 Repealed by Ord 79-40 § 1.

9.50.050 SMOKING ON PUBLIC PROPERTY.

No person shall smoke a cigar, cigarette, pipe or other smoking material, in any city building or portion thereof, except in those areas wherein “smoking permitted” signs are posted.

(Ord. 77-1 § 1, 1977).

9.50.070 SUBSEQUENT OFFENSE WITHIN THIRTY DAYS.

Any person who violates any section in this chapter and is cited for such a violation, and who within thirty days after receiving such a citation again violates the same section, is guilty of a misdemeanor.

(Ord. 94-09 § 7, 1994: Ord. 79-40 § 2, 1979).

9.50.100 Repealed by Ord. 84-67 § 2.