No person shall wilfully or maliciously break or destroy any
window, window sash, door, blind or pane of glass of any occupied
or unoccupied house or outhouse in the city, or enter any unoccupied
house or outhouse and commit any nuisance therein, or break, destroy
or injure anything therein or any part of such house or outhouse,
or any fence or improvement whatever, or aid, abet or assist anyone
to commit such nuisance or injure such property.
(Prior code § 4232)
A.
No person
shall trespass in, upon, on or across the property of another without
the permission and consent of the person in charge or control thereof,
provided that such person shall have posted at each of the corners
of the property a notice, in writing, upon either a metallic or wooden
sign, or other substantial material, which sign shall be at least
one square foot in area, and shall be placed three feet above the
normal level of the ground, and upon which such posted notice there
appear in legible letters, at least two inches in height, the words
"PRIVATE PROPERTY — NO TRESPASS" and such other words as may
be desired indicating that trespassers are subject to prosecution.
The sign shall have either a white or black base, and in the event
the white base is used, the letters shall be in black, and if the
black base is used, the letters shall be in white; provided, further,
that in the event such property exceeds a total area of one acre,
in addition to the posting of such notices at the corners thereof,
there shall be posted at intervals of three hundred feet, or less,
on or near the boundary lines of such property, notices of similar
character.
B.
These
provisions shall have no application to a trespass committed by any
officially authorized peace officer or law enforcement agent, when
such trespass is committed in the execution of such officer's or agent's
official duty, nor to any person visiting or calling at the residence
or place of business of another person for the purpose of transacting
any legitimate business.
(Prior code § 4239)
No person shall erect, move, alter, change, repair, place, suspend,
attach or maintain, or cause or permit to be erected, moved, altered,
changed, repaired, placed, suspended, attached or maintained, any
sign, street clock, street bulletin or street banner on, over or above
any public street or sidewalk without first obtaining a permit from
the director of public works to do so.
(Prior code § 6412(a))
No person, except a public officer or employee in the performance
of a public duty, or a private person in giving a legal notice, shall
paste, post, paint, print, nail or tack, or otherwise fasten any card,
banner, handbill, sign, poster, advertisement or notice of any kind
upon any property without the consent of the owner, holder, lessee,
agent or trustee thereof.
(Prior code § 6412(d))
No person shall scatter, daub or leave any paint, paste, glue
or other substance used for painting or fixing advertising matter
upon any public street or sidewalk, or scatter or throw or permit
to be scattered or thrown any bills, wastepaper, paper, cloth or materials
of whatsoever kind removed from billboards on any public street or
on private property.
(Prior code § 6412(c))
No person shall use any shopping cart, shopping basket or other
similar device for any purpose other than that intended by the owner
of such cart, basket or device.
(Prior code § 4512(d))
No person shall remove any shopping cart, shopping basket or
other similar device from the premises or parking area of any business
establishment if such shopping cart, basket or device has permanently
affixed to it a sign identifying it as belonging to the owner or operator
of such business establishment and a notification to the effect that
such cart, basket or device is not to be removed from the premises.
(Prior code § 4512(a))
No person shall have in his or her possession any shopping cart,
shopping basket or other similar device which has been removed from
the premises of any business establishment operated by the owner of
such cart, basket or device, and which has permanently affixed to
it a sign identifying it as belonging to the operator of a business
establishment and a notification to the effect that such cart, basket
or device is not to be removed from the premises of such establishment.
(Prior code § 4512(c))
No person shall alter, convert or tamper with any shopping cart,
shopping basket or other similar device, or remove any part thereof.
(Prior code § 4512(e))
No person shall abandon or leave any shopping cart, shopping
basket or other similar device which has been removed from the owner's
premises upon any public street, alley, sidewalk, parkway or other
public place, nor upon any private property except that of the owner
of such cart, basket or device. Such acts are hereby declared to be
a public nuisance and shall be subject to abatement as hereinafter
provided.
(Prior code § 4512(b))
Any shopping cart, shopping basket or other similar device (all referred to in Sections 9.16.060 through 9.16.160 as "shopping cart") which is abandoned or left upon any public street, alley, sidewalk or other public property, is declared to be a nuisance, and shall be subject to abatement in the manner set forth in Sections 9.16.060 through 9.16.160.
(Prior code § 4512(f))
In addition to the aforesaid signs affixed to the shopping carts, all business establishments utilizing such shopping carts shall conspicuously post signs at each of their entrances and exits notifying customers of Sections 9.16.060 through 9.16.160 prohibiting the removal of shopping carts from the premises.
(Prior code § 4512(g)(part))
Any shopping cart so abandoned or left may be picked up by the
city or its duly authorized officer, agent or employee, and impounded
at a location set aside therefor by the city.
(Prior code § 4512(g)(1))
Written or telephonic notice that such cart has been impounded by the city shall be given to the owner identified by the sign upon the shopping cart. Such notice shall state that the shopping cart may be retrieved by the owner at the hours and days specified therein upon the payment of the fees and charges provided for in Section 9.16.150. Such notice shall further provide that the person seeking to retrieve shall provide evidence of authority to act for the owner.
(Prior code § 4512(g)(2); Ord. 882 § 1, 1996)
For each shopping cart so impounded there shall be an impound
fee of five dollars.
(Prior code § 4512(g)(3); Ord. 882 § 1, 1996)
A.
If within fifteen days from the date of the written notice provided for in Section 9.16.140, the owner of such shopping cart has not claimed the same and paid the fees prescribed for the impounding and storage of such shopping cart, such shopping carts may be disposed of by the city as follows:
1.
To
the highest bidder, as determined pursuant to annual sealed bids submitted
to the city in accordance with the procedures established by the city
for receiving such bids; or
B.
At the
time of the sale, each such shopping cart shall be sold to the highest
bidder for cash, but the city shall have the right to refuse any bid
for less than the minimum sales price. In the event the sales price
of any such shopping cart exceeds the minimum sales price, the excess
over and above the minimum sale price shall be paid to the business
establishment whose sign was affixed to such shopping cart at the
time of impoundment, if a claim therefor is made by the owner within
ten days from the date of the sale; otherwise such excess shall be
paid into the general fund of the city.
C.
Each
such sale made by the city shall be without any express or implied
warranty, guaranty or representation as to title, mechanical condition,
quality or fitness for any purpose or use.
(Prior code § 4512(g)(4)—(6); Ord. 882 § 3, 1996)
The remedies set forth in this chapter are cumulative. Nuisances
may be abated in accordance with the terms and provisions of this
chapter, the terms and provisions of state law, or any other law pertaining
to the abatement of public nuisances. Any other remedial action by
civil suit or criminal suit may be pursued, and is not to be deemed
preempted by this chapter.
(Ord. 811 § 1, 1992)
