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1 ORDINANCE NO..:Jf7'-1
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDI-
NANCE NO. 821; AND PROHIBITING TRESPASS UPON PARKING LOTS, DRIVE-IN
:5 PROPERTY! SHOPPING CENTER PROPERTY OR OTHER PROPERTY OPEN TO THE
PUBLIC W THOUT THE CONSENT OF THE OWNER THEREOF.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. Ordinance No. 821 is hereby amended by adding
7 thereto Section 703 to read as follows:
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"SECTION 703: Any person, other than a public officer or
9 employee acting within the course and scope of his employment, who
10 enters or remains upon any automobile parking lot, "Drive-In"
lli property, shopping center property or any other place or property
12 open to the public, without the implied or express consent of the
13 owner, his agent or person in lawful possession thereof, or with
14 knowledge that such consent has been withdrawn, is guilty of a
15 misdemeanor.
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For the purposes of this ordinance, the words "Drive-In"
shall mean a "Drive-In Establishment" as defined in Section One of
Ordinance No. 2594 of said City."
If any section, subsection, sentence, clause
SECTION 2.
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affect the va.lidity of the i
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The Mayor and Common Council I
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or phrase of this ordinance is for any reason held to be invalid,
such holding or holdings shall not
remaining portions of this ordinance.
hereby declare that it would have passed this ordinance and each
section, subsection, sentence, clause and phrase thereof, irrespec-
tive of the fact that anyone or more sections, subsections,
sentences, clauses or phrases be declared invalid.
SECTION 3. This ordinance is hereby declared to be for
28 the immediate preservation of the public peace, health and safety
29 and is hereby enacted as an emergency ordinance to take effect
30 immediately upon its reading in full. A declaration of the facts
31 constituting the urgency is that there is an influx of persons
32 congregating and loitering in malls, parking lots and open areas of
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1 Drive-Ins, shopping centers and business premises who occupy faci1-
2 ities for exceedingly long periods of time. They impede the free
3 flow of passage and prevent the use of business facilities by
4 shoppers. They annoy shoppers and interfere with the work of
5 employees. Upon being requested to move from blocking free passage
6 and upon being requested to relinquish their occupancy of such
7 facilities, they refuse to do so.
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That in order to protect the public health, safety and
91 welfare, it is necessary that this ordinance go into effect imme-
10 diate1y to give the owners of such private property and businessmen
11 who own stores and business premises a means to regulate such
12 congregating on and the use by such persons of such private faci1-
13 ities.
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I HEREBY CERTIFY that the foregoing ordinance was duly
15 adopted by the Mayor and Common Council of the City of San Bernar-
16 dino at ae~/ ~
17 /c,dday of . cc C c. 1968
18 AYES: Councilmen
19 M
20 NOES: -df:..
meeting thereof, held on the
by the following vote, to wit:
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ABSENT: ~,..,
rJ/~ ~ f::~
C~ty er
hereby approved this //~
day
ordinance is
~~gOlng
, 1968.
of
28 Approved as to form:
~/
1,6, Mu. e.../7
C~ty t rney
t- ('/!~
May#O the C~ty 0 an ernardino
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