It is unlawful for any person without the permission, express
or implied, of the owner, tenant or person, firm or corporation in
lawful possession or control thereof to enter into, upon, on or across
the posted property of another.
(Ord. 6 § 10 (part), 1983)
As used in this article:
"Posted property"
means any property at each corner of which, at each entrance to which, and where the area of such property exceeds in area one acre, at intervals of not more than 300 feet along or near the boundaries thereof, three feet above the normal ground level, there is a substantial sign of wood, metal or other equally substantial material, the face of which is not less than one square foot in area, upon which legible letters not less than two inches in height, either black against a white background or white against a black background, appear the words "PRIVATE PROPERTY—NO TRESPASS" and such other words as may be desired indicating that trespassers are subject to prosecution, and which property is exclusively or principally for any one or more of the purposes set forth in Section
9.12.030 of this article.
"Towns"
includes unincorporated centers of population.
(Ord. 6 § 10 (part), 1983)
The following are permissible posting uses:
C. The
testing of aircraft of any type or kind;
D. The
manufacture of aircraft of any type or kind;
E. The
assembly of aircraft of any type or kind;
F. Wells
for the production of oil, gas or other hydrocarbons;
G. Drilling
for oil, gas or other hydrocarbons;
H. Storage
of oil, gas or other hydrocarbons;
I. Compressor
plants for transmitting oil, gas or other hydrocarbon substances through
pipelines;
J. Mud
plants used in connection with drilling for oil, gas or other hydrocarbon
products;
K. Water
wells, supplying water for residents of cities and towns;
L. Storage
reservoirs or tanks for storage of water for supplying the residents
of cities or towns;
M. Processing
plants for processing the water supply for residents of cities or
towns;
N. Electric
generation plants;
O. Electric
substations or distributing stations;
P. Uses
appurtenant or incidental to any of the uses described in the preceding
subsections.
(Ord. 6 § 10 (part), 1983)
The provisions of this article do not apply to an entry in the
course of duty by any peace officer.
(Ord. 6 § 10 (part), 1983)
Every person is guilty of a separate offense for each day during
any portion of which he enters upon or remains upon such property.
(Ord. 6 § 10 (part), 1983)
For the purposes of this article, the words and phrases set
forth in this section shall have the following meanings, unless the
context clearly indicates to the contrary:
"Commercial handbill"
means any handbill which is distributed for the purposes
of advertising for sale goods, wares, merchandise or services, or
any other commercial activity; however, for the purposes of this article,
"commercial handbill" means and includes the distribution or circulation
of samples of goods, wares and merchandise.
"Handbill"
means a printed ("printed" includes all forms of reproduced
writing) paper or circular, which is circulated or distributed, other
than by United States mail, for the purpose of advertising goods,
wares, merchandise or services, or soliciting orders for such. "Handbill"
does not include newspaper. For the purposes of this subsection, "newspaper"
means a periodical published primarily for the dissemination of news
and intelligence of a general character.
"Public parking area"
means an open area, excluding a street or other public way,
used for the parking of motor vehicles (as that phrase is defined
in the
Vehicle Code of the state) and available to the public, whether
for free or for compensation.
(Ord. 89-109 (part), 1989; Ord. 152 § 1, 1992)
The following regulations shall apply to the distribution and
circulation of commercial handbills within the city:
A. Name
of Distributor. No persons shall circulate or distribute, or cause
to be circulated or distributed, any commercial handbill within the
city unless it bears conspicuously thereon the name, address and telephone
number of the distributor or other person responsible for the distribution.
B. Consent
of Distribution. No persons shall circulate, distribute, or cause
to be circulated or distributed, any commercial handbill on any property
within the city without the consent of the owner or occupant of the
property. For the purpose of this section, the consent of the owner
or occupant of the property shall be presumed unless the owner or
occupant has conspicuously posted upon the property a sign or other
device which contains language which prohibits handbill delivery in
or upon the property.
C. Distribution
on Public Property. No persons shall distribute or circulate, or cause
to be circulated or distributed, any commercial handbill in and along
any public street, public alley, public parking area, or other public
place within the city.
D. Distribution
on Motor Vehicles. No persons shall circulate or distribute, or cause
to be circulated or distributed, any commercial handbill by placing
it in or upon any motor vehicle, as that phrase is defined in the
Vehicle Code of the state, which is parking upon any public street,
public alley, public parking area or other public place within the
city, private parking lot, or other private property including commercial,
industrial, and residential zoned property.
E. Distribution
on Private Property. The delivery of commercial handbills on private
property shall be accomplished by personally delivering the handbill
to the person occupying the property, or by placing the handbill upon
the property securely, to ensure that the handbill will not be blown
from the property onto other lots or public places. No handbill shall
be placed in or upon any motor vehicle on private property.
F. Hours
of Distribution. No person shall distribute or circulate, or cause
to be distributed or circulated, any commercial handbill between the
hours of eight (8:00) p.m. of any day and eight (8:00) a.m. of the
following day.
(Ord. 89-109 (part), 1989; Ord. 152 § 1, 1992)
Any person, firm or corporation violating any of the provisions
of this chapter is guilty of an infraction, which is punishable by:
A. A fine
not exceeding $50 for a first violation;
B. A fine
not exceeding $100 for a second violation within one year;
C. A fine
not exceeding $250 for each additional violation within one year.
(Ord. 89-109 (part), 1989)