Legal Protest – City Regulations

City of Ventura — Selected Regulations regarding public assembly  

SOURCE http://library.municode.com/index.aspxclientId=10135&stateId=5&stateName=California

DIVISION 10 – PUBLIC PEACE AND MORALS REGULATIONS

Sec. 10.150.010. – Purpose.

Public parks, beaches, parking lots, streets and other public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. The purpose of this article is to maintain public parks, beaches, parking lots, streets and other areas within the city in a clean and accessible condition.  (Code 1971, § 6510)

Sec. 10.150.020. – Definitions.

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter.

Camp means to pitch or occupy camp facilities; to use camp paraphernalia.

Camp facilities include, but are not limited to, tents, huts or temporary shelters.

Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city designated cooking facilities and similar equipment.

Store means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.  (Code 1971, § 6511)

Sec. 10.150.030. – Unlawful camping.

It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided:

1.  Any park.

2.  Any public beach.

3.  Any street.

4.  Any public parking lot or public area, improved or unimproved.

Exceptions. This section shall not prohibit sleeping, cooking, or camping in areas designated for such purposes. This section shall not prohibit the use of a park for a fire camp upon the request of the Ventura City Fire Department or the United States Forest Service.  (Code 1971, §§ 6512, 6512.1)

Sec. 10.150.060. – Cooking.

No person shall cook food on any public beach, park, or parking lot between the hours of 11:00 p.m. and 5:00 a.m. This section shall not prohibit cooking in areas designated for such purposes.  (Code 1971, § 6515)

Sec. 10.150.070. – Living or sleeping in vehicle.

It shall be unlawful for any person to park a motor vehicle or a transportable living facility on any street, highway, or public or private property for purposes of living or residing or sleeping therein, except as otherwise permitted by law. “Living” or “residing” or “sleeping” as used herein shall inlcude use of a facility as living or sleeping quarters for a single day or night. This section shall not apply to registered guests, campers or residents of mobile home or recreational vehicle parks validly existing pursuant to City zoning requirements or, where not expressly prohibited by the zoning ordinance, to any nonprofit entity, business, public agency or church that offers a supervised environment for providing emergency shelter on their property under procedures established by the City Manager’s Office. In addition, sleeping in a parked vehicle for a limited time, not exceeding four hours, under bona fide conditions of emergency, or in the interest of public safety, shall not constitute a violation of this section. No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that he or she is in violation of the prohibition in this section.  (Code 1971, § 6516; Ord. No. 2009-018, § 1, 9-21-09)

Sec. 10.200.010. – Definitions.

For the purposes of this chapter 10.200 the following definitions shall apply:

Obstruct pedestrian or vehicular traffic means to walk, stand, place an object, sit or lie in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.

Public place means any area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.  (Code 1971, § 61010)

Sec. 10.200.020. – Obstruction of movement in public places.

It shall be unlawful for a person in a public place to intentionally obstruct pedestrian or vehicular traffic.  (Code 1971, § 61011)

Sec. 10.200.030. – Sitting or lying down on public sidewalks in designated city zones.

A. Unlawful. It shall be unlawful for any person to sit or lie down upon a public sidewalk, sidewalk curb, biking-walking path, or doorways and entrances to buildings or dwellings; or to sit or lie down upon a blanket, chair, stool, or any other object placed upon a public sidewalk, sidewalk curb, biking-walking path, or doorways and entrances to buildings or dwellings in the following zones:

1.  The Downtown Area which is bounded by the Ventura River to the west, the Pacific Ocean to the south, Poli Street to the north, and Crimea Street to Meta, Hemlock from Meta to Thompson Boulevard, and San Jon Road to the east.

2.  The Ventura Avenue Area which is Ventura Avenue from Main Street north to Stanley Avenue.

3.  C-T-O, Commercial Tourist Oriented zones; TO, Tourist Oriented Overlay zones; C-2, Commercial zones; P, Parks; and H-C Harbor Commercial zones.

B. Notice. No person shall be cited under subsection A unless the person engages in conduct prohibited by said section after having been notified by a law enforcement officer that the conduct violates subsection A.

(Code 1971, § 61012)

Sec. 10.200.040. – Exceptions.

A. Sections 10.200.020 and 10.200.030 shall not apply in the following cases and to the following persons:

1. Persons standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance or similar event permitted under the provisions of this Code;

2. Persons sitting upon benches or other seating facilities provided or authorized for such purposes by municipal authorities;

3. Any conduct which is in conformity with the terms of any permit granted pursuant to this Code;

4. 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;

5. Persons sitting or lying down due to a medical emergency;

6. Persons whom, as the result of a disability, utilize wheelchair or similar device to move about; and

7. Any conduct which is in conformity with the provisions of standards for outdoor dining uses in the public right-of-way pursuant to this Code.

B. It is not the intent of this chapter to prohibit protesting, picketing, demonstrating, leafleting, or any other lawful activity permitted under the laws of the State of California or by the National Labor Relations Act in connection with a labor dispute.

(Code 1971, § 61013)

Sec. 10.200.050. – Public urination and defecation prohibited.

It shall be unlawful for any person to urinate or defecate in any public place except when using a urinal, toilet or commode located in a bathroom, restroom or other structure enclosed from public view. (Code 1971, § 61014)

DIVISION 18 — STREETS AND OTHER WAYS AND PLACES

Sec. 18.250.110. – Purpose.

This chapter is adopted pursuant to the municipal affairs provision of the City Charter for the purpose of regulating parades, athletic events, block parties and public assemblies on or within a city street, parking facility, sidewalk or other public rights-of-way that obstruct, delay or otherwise interfere with the normal flow of vehicular or pedestrian traffic, or which do not comply with applicable traffic laws or controls.  (Code 1971, § 61120)

Sec. 18.250.150. – Permit requirements.

A.  It shall be unlawful for any person to conduct, sponsor, or knowingly participate in any event on or within any city street, sidewalk, parking facility, or other public right-of-way that obstructs or interferes with the normal flow of vehicular or pedestrian traffic or which does not comply with applicable traffic laws or controls.

B. Activity in subsection A. of this section is permissible when a permit for such an event is obtained pursuant to this chapter. A permit is not deemed issued until the administrator has received the applicant’s written acceptance in accordance with this chapter.

(Code 1971, § 61160)

Sec. 18.250.160. – Exceptions.

A permit shall not be required for the following:

1. An event occurring exclusively within a city park facility or on city property under the jurisdiction of the City of San Buenaventura parks division that does not have significant impact to that facility as determined by the director of parks; or

2. A parade consisting of a vehicular funeral procession or wedding procession.

(Code 1971, § 61170)

DIVISION 20 — PUBLIC PARKS, BEACHES AND STREET TREES

Sec. 20.020.110. – Purpose.

This chapter is adopted pursuant to the municipal affairs provision of the city charter for the purpose of regulating public events conducted in city parks and park facilities that are operated and maintained by the city public works department. This chapter is intended to ensure that such events are safe, do not unreasonably interfere with the general public’s use of parks and park facilities, and do not damage public property beyond ordinary wear and tear. In addition, this chapter is intended to require any natural person or organization sponsoring or conducting an event to compensate the general public for any costs incurred in connection with operating and maintaining the parks and/or park facilities reasonably attributable to that event.  (Ord. No. 99-9, § 1, 4-19-99)

Sec. 20.020.140. – Permit required.

Except as otherwise provided, it is unlawful for any person to sponsor or conduct an event in a park unless authorized by a permit issued by the park manager as provided by this chapter.  (Ord. No. 99-9, § 1, 4-19-99)

Sec. 20.050.010. – Prohibition of hazardous uses of public parks.

No person shall participate in any activity involving or consisting of model aircraft flying, use of golf equipment, horseback riding, go-cart riding, motorcycle or motorized off-road vehicle usage, hang gliding, archery, rockets, or hardball, or engaged in any sport or other activity so as to constitute a hazard to any other person within any public park within the city.  (Code 1971, § 6281)

Sec. 20.050.040. – Closing of parks.

A. Generally. Except as otherwise specified in this chapter, city park properties, as determined or designated by the director of parks and recreation, shall be closed to public use at a time to be determined by the director of parks and recreation and shall remain closed until sunrise the following day. A park or portions thereof may be closed when it has been determined that:

1. Continued use of the park or portion thereof could create hazardous conditions detrimental to the health or safety of the public or cause an adverse physical impact on the park environment.

2. It is necessary during times of repair or cleaning of the facility.

3. A park may be closed to additional users when areas normally used for parking are filled.

4. Conditions warrant the closure of a park during inclement weather or wet grounds.

5. It is necessary, upon request of the Ventura Fire Department or the United States Forest Service, to use a park for a fire camp.

6. There has been a lack of use.

B.  Entering or remaining after closing time. No person shall enter or remain in any city park or portion thereof at any time when the same is closed to the public unless such person is authorized to do so by the city council, the director of parks and recreation, or the authorized representation of any of the above. The director of parks and recreation shall, by appropriate signs or other means, give notice of closing times, and he/she may designate certain areas which will be closed to the public at a regular closing time, regardless of whether or not any outdoor or indoor activity is being or is scheduled to be conducted elsewhere in the park.

C. Activities after closing time. Any portion of a city park or any enclosed building in a city park in which an activity is being conducted or is scheduled to be conducted with the written permission of the director of parks and recreation, shall not be considered closed after the regular closing time to members of the public who are authorized participants, observers and attendees in said activity, and who are within the permitted portion of the park, the enclosed building, any paths leading thereto from any street, or any other facility, outdoor area, or offstreet parking area intended for use in connection therewith, until 30 minutes after the conclusion of the permitted activity. As to other members of the public who are not authorized participants, observers or attendees in an activity being conducted or scheduled to be conducted in any portion of a city park or in any enclosed building therein, the park and all buildings therein shall be considered closed at the regular closing time.

D. Emergency closing. The city council, director of parks and recreation, fire chief, chief of police or an authorized representative of any of said officials may direct any park or designated portion thereof to be closed to protect public safety, public property or natural resources within said city park, or any private or public property or natural resources in the vicinity of the park, from imminent damage or destruction or where there is a clear and present danger of a breach of the public peace or safety in said park or portion of a park or in the vicinity thereof. When a city park or portion thereof is closed to the public by the city council, director of parks and recreation, fire chief or chief of police or an authorized representative, pursuant to the above authority or any other proper authority, no person shall enter said park or closed portion thereof after notice of such closing, or fail to refuse to promptly leave same when requested to do so by any person authorized by the city council, director of parks and recreation, fire chief, or chief of police.

(Code 1971, § 6284)

Sec. 20.020.110. – Purpose.

This chapter is adopted pursuant to the municipal affairs provision of the city charter for the purpose of regulating public events conducted in city parks and park facilities that are operated and maintained by the city public works department. This chapter is intended to ensure that such events are safe, do not unreasonably interfere with the general public’s use of parks and park facilities, and do not damage public property beyond ordinary wear and tear. In addition, this chapter is intended to require any natural person or organization sponsoring or conducting an event to compensate the general public for any costs incurred in connection with operating and maintaining the parks and/or park facilities reasonably attributable to that event.  (Ord. No. 99-9, § 1, 4-19-99)

Sec. 20.020.140. – Permit required.

Except as otherwise provided, it is unlawful for any person to sponsor or conduct an event in a park unless authorized by a permit issued by the park manager as provided by this chapter.  (Ord. No. 99-9, § 1, 4-19-99)

Sec. 20.020.230. – Free speech events.

The park manager will waive any fee required by this chapter for any permit authorizing a free speech event upon proof of the applicant’s inability to pay, which will be supported by a financial declaration.  (Ord. No. 99-9, § 1, 4-19-99)

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1 thought on “Legal Protest – City Regulations”

  1. Kendra Gonzales said:

    Great info…we should definitely have these posted…in fact, we should have a “legal booth” set-up..and, get the ACLU involved!

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