As used in this Article, the following terms mean:
ENTER UNLAWFULLY or REMAIN UNLAWFULLY
A person enters or remains in or upon premises when he or
she is not licensed or privileged to do so. A person who, regardless
of his or her purpose, enters or remains in or upon premises which
are at the time open to the public does so with license and privilege
unless he or she defies a lawful order not to enter or remain, personally
communicated to him or her by the owner of such premises or by other
authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
TO TAMPER
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
UTILITY
An enterprise which provides gas, electric, steam, water,
sewage disposal, or communication, video, internet, or voice over
internet protocol services, and any common carrier. It may be either
publicly or privately owned or operated.
A person commits the offense of reckless burning or exploding
if he/she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
No person shall operate, or cause to be operated, or attempt
to operate, or attempt to cause to be operated, any lawful automatic
vending machine, coin box telephone, or other receptacle designed
to receive lawful coins of the United States in connection with the
sale, use, or enjoyment of property or service, by means of a slug
or any false, counterfeited, mutilated, seated, or foreign coin, or
by any means, method, trick, or device whatsoever, not lawfully authorized
by the owner, lessee, or licensee of such machine, coin box telephone,
or receptacle, or take, obtain, or receive from or in connection with
any lawful automatic vending machine, coin box telephone, or other
receptacle designed to receive lawful coins of the United States in
connection with the sale, use, or enjoyment of property or service,
any goods, wares, merchandise, gas, electric current, article of value,
or the use or enjoyment of any telephone or telegraph facilities or
service, or any musical instrument, phonograph, or other property,
without depositing in and surrendering to such machine, coin box telephone,
or receptacle, lawful coin of the United States to the amount required
therefor by the owner, lessee, or licensee of such machine, coin box
telephone, or receptacle.
No person shall paint or place any sign, banner, or streamer
on any street or sidewalk, or on any tree, street sign, hydrant, lamp
post, utility pole, or other public structure on any street, alley,
or other public place. Nothing herein shall apply to any official
notice required by law or ordinance to be posted by a public officer.
It shall be unlawful for any person to obtain lodging, food,
money, property, or other accommodations at any motel, hotel, inn,
restaurant, rooming house, drug store, grocery store, or any store
or place of business with intent to defraud the owner, operator, or
keeper thereof. Proof that lodging, food, money, property, or other
accommodations were obtained by false pretense or false representation
or by false or fictitious show or pretense of any baggage or other
property, or by failing or refusing to pay for such lodging, food,
money, property, or other accommodations on demand, or that he/she
gave in payment for such lodging, food, money, property, or other
accommodations, a check or negotiable paper on which payment was refused,
or that he/she left the motel, hotel, inn, or boarding house without
paying or offering to pay for such lodging, food, money, property
or other accommodations, or that he/she surreptitiously removed or
attempted to remove his/her baggage, or that he/she registered under
a fictitious name, shall be prima facie proof of the intent to defraud
mentioned herein; this Section shall not apply where there is an agreement
in writing for delay in payment.
[Ord. No. 4543, 5-6-2019]
A. No
person shall tamper with any fire hydrant, Fire Department connection
or other device available for connecting a fire hose to a water main
without obtaining written authority to do so from the Berkeley Fire
Chief. This shall include all connections that are located on public
or private streets and access lanes, or on private property. The word
"tamper," shall include, but not be limited to, the removal of the
cap or any other part of said device; the insertion of any object
or material into said device; the application of any wrench, tool,
implement or other object or material to said device; the attachment
of a hose or any other instrument to said device; and/or the use of
said device, fire hydrant or fire plug, so as to permit water to flow
therefrom. This Section shall not apply to any firefighting personnel
engaged in any activity related to firefighting or the maintenance
and operation of firefighting equipment.
B. It
shall be unlawful to plant any trees, shrub, bush, hedge or other
plant or vegetation except grass within six (6) feet of any fire hydrant
and none planted between the street, alley, public way and any fire
hydrant and or connection as to interfere with a clear view of the
hydrant or connection by fire vehicles approaching in any way.