This chapter is enacted pursuant to the authority of Article
XI, Section 7, of the California Constitution, wherein it is provided
that the Board of Supervisors may enact ordinances to promote the
health, safety and welfare of the citizens of the County of Sacramento.
(SCC 621 § 1, 1985)
The Board of Supervisors finds and declares that the unauthorized
climbing upon towers and the unauthorized climbing upon towers for
the purpose of parachuting, jumping, sailing or otherwise floating
off said towers, are dangerous and destructive activities. The Board
further finds and declares that the unauthorized use of towers encourages
lawlessness and recklessness and that the prohibition against the
unauthorized climbing upon the towers and the unauthorized parachuting,
jumping, sailing or otherwise floating off said towers will aid in
the prevention of avoidable injuries and the possible loss of life
to persons engaged in said activities, and will prevent the destruction
of private property and the violation of private property rights.
(SCC 621 § 1, 1985)
a.
Tower:
The term tower or towers as used herein refers to any radio, television,
broadcasting or receiving towers located in the unincorporated area
of Sacramento County.
(SCC 621 § 1, 1985)
a.
It shall
be unlawful for any person to climb upon any tower within the unincorporated
area of Sacramento County without the express written authorization
of the owner of said tower.
b.
It shall
be unlawful for any person to climb upon any tower within the unincorporated
area of Sacramento County for the purpose of parachuting, jumping,
sailing or otherwise floating off the tower.
1.
There
shall be a rebuttable presumption pursuant to Section 606 of the California
Evidence Code that any person or persons who climb a tower with a
parachute or other fall breaking apparatus in their possession are
climbing the tower for the purpose of parachuting, jumping, sailing
or otherwise floating off the tower as prohibited herein.
c.
It shall
be unlawful for any person to parachute, jump, sail or otherwise float
off any tower within the unincorporated area of Sacramento County
for the purposes of parachuting, jumping, sailing or otherwise floating
to the earth below.
(SCC 621 § 1, 1985)
a.
Any person who violates the provisions of Section 9.94.040(a) shall be guilty of an infraction, and upon conviction, shall be punished as follows:
1.
A fine not exceeding one hundred dollars for a first violation of Section 9.94.040(a);
2.
A
fine not exceeding two hundred dollars for a second violation of the
same ordinance provision within one year;
3.
A
fine not exceeding five hundred dollars for each additional violation
of the same ordinance provision within one year.
b.
Any person who violates the provisions of Section 9.94.040(b) or (c) shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not in excess of one thousand dollars or by imprisonment in the County Jail for not more than six months, or by both fine and imprisonment.
(SCC 621 § 1, 1985)
