ORDINANCE NO. 1283
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY AMENDING SIMI VALLEY MUNICIPAL CODE CHAPTER 13 OF TITLE 2 WITH RESPECT TO UNCLAIMED PROPERTY, CHAPTER 9 OF TITLE 4 WITH RESPECT TO PUBLIC SAFETY IN PARKING LOTS AND RESTRICTIONS ON MOBILE BILLBOARDS, CHAPTER 38 OF TITLE 5 WITH RESPECT TO CITY BUILDINGS AND FACILITIES, AMENDING CHAPTER 22, AND ADDING A NEW CHAPTER 44 TO TITLE 5 REGULATING CONDUCT ON PUBLIC PROPERTY FOR THE BENEFIT OF THE PUBLIC
THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 13 of Title 2 is hereby amended to read:
2-13.01 - Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) "Personal property" shall include money, goods, chattels, negotiable instruments, written evidence of rights in legal actions, evidences of debts, and other items of intrinsic value which are not considered by law to be real property, but shall exclude animals.
(b) "Unclaimed property" shall mean personal property of others taken into the possession of the Police Department or left in its possession or turned over to it by a person who found or saved such property, except:
(1) Property subject to confiscation under the laws of the State or of the United States; and
(2) Vehicles, the storage, sale, or other disposition of which is governed by the provisions of the Vehicle Code of the State; and
(3) Property held as evidence, dangerous or deadly weapons, narcotics or dangerous drugs, explosives or property of any kind whatsoever, which is prohibited, restricted or outlawed by state or federal statutes, or which has been intentionally abandoned by its owner, based on an objectively reasonable belief supported by facts or evidence that the property has been intentionally abandoned or relinquished.
ORD. NO. 1283
2-13.02 - Statutory authority.
This chapter is adopted pursuant to authority granted by California Civil Code (“Civil Code”) Sections 2080 et seq. of Chapter 4 of Division 3 of the Civil Code of the State. Pursuant to Civil Code Section 2080.6, the City has elected to adopt and follow reasonable City regulations, in lieu of the default provisions in the Civil Code, for the care, restitution, sale or destruction of unclaimed property in its possession.
2-13.03 - Disposition of property taken from arrested or accused persons.
When any person arrested shall be adjudged innocent of the offense charged by a court of competent jurisdiction, which shall adjudge that the property or money in the possession of the Police Department belongs to such person, the Chief of Police shall thereupon deliver such property or money to such person only, and not to his an attorney or agent, and take his a receipt signed by the person therefor. If the accused is held for trial or examination, such money or property shall remain in the custody of the Chief of Police until the discharge or conviction of the person accused, unless prior thereto the Chief of Police has delivered the money or property to a State or County officer, as provided by law.
2-13.04 - Property records required: Police Department duties.
All personal property coming into the possession of any member of the Police Department taken from persons under arrest or under suspicion or with knowledge of its having been stolen or feloniously obtained, constituting evidence or proceeds of crime, taken from intoxicated or insane persons with mental health disorders or other persons incapable of taking care of themselves, lost or abandoned, or found or saved on real property subject to the jurisdiction of the City shall be delivered to the property custodian for the Police Department who shall enter or cause to be entered in a record to be kept by him the property custodian for that purpose a detailed description of such property, together with the name of the person or persons from whom received, the names of any claimants thereto, the time of the seizure or discovery, and the final disposition thereof, which shall be in accordance with established Police Department procedures and applicable law.
2-13.05 - Unclaimed property: Storage and holding period.
Except as otherwise provided in this chapter, all unclaimed property, except bicycles, in the possession of the Police Department shall be held and stored by the Chief of Police for a period of at least four (4) three (3) months. Such unclaimed property can be stored at available locations within the City as may be necessary or convenient pursuant to Police Department procedures and as may be determined by the Chief of Police. Unclaimed property or property otherwise received by the Police Department that is refuse, solid or liquid waste, presents an immediate threat to public health or safety, or otherwise does not permit of practical, safe and reasonably efficient storage may be disposed of immediately by the City. Notwithstanding the three-month time period stated above, when the City obtains possession of personal property from a person for temporary
2 ORD. NO. 1283 safekeeping pursuant to Civil Code Section 2080.10, the property must be held by the Police Department for up to 60 days unless a valid extension is requested by the owner under Civil Code Section 2080.10. Unclaimed bicycles shall be held for a period of at least three (3) months.
2-13.06 - Unclaimed property: Quick sales of perishable items.
Notwithstanding the provisions of Section 2-13.05 of this chapter, when any unclaimed property in the possession of the Police Department is in danger of perishing or of losing the greater part of its value, or when the reasonably necessary costs incurred in the care and protection of any such property amount to two-thirds (2/3) of its value, the Police Department may sell such property at public auction in the manner and upon the notice of sale of personal property under execution, if it is a thing an item which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found.
2-13.07 - Return of lost personal property to finders.
Where lost personal property is found or saved by a person, other than in the course of employment as an employee of any public agency, and is turned over to the Police Department in accordance with the provisions of Civil Code Section 2080.1 of the Civil Code of the State, or otherwise, and no owner appears and proves his ownership of such property within ninety (90) days thereafter, the Police Department, if such property is of a value of Fifty and no/100ths ($50.00) Dollars $250 or more, shall cause to be published at least once in a newspaper of general circulation notice of the found or saved property. If, after seven (7) days following the first publication of the notice, no owner appears and proves his ownership of the property, and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property, except when such finder is an employee of any public agency who found such property in the course of employment. The Police Department may require the finder to deposit with the Police Department an amount sufficient to cover the costs of publication before so proceeding. Where such property is of a value of less than Fifty and no/100ths ($50.00) Dollars $250, it may be returned to the finder, except when such finder is an employee of any public agency who found such property in the course of employment, without publication of notice, after the expiration of the minimum applicable holding period specified in this chapter, if no owner appears and proves his ownership of the property. The provisions of this section shall not apply where the finder is a person prohibited by law from possessing such property.
2-13.08 - Personal property: Return to owners.
The Chief of Police shall restore personal property in the possession of the Police Department to its legal owner upon proof of such ownership satisfactory to the Chief of Police. Where any such property may be needed or required as evidence in any criminal proceeding, the Chief of Police shall delay the restoration of such property to its legal owner until the conclusion of such proceedings, or as otherwise required by law. If such property is introduced as evidence in a criminal case, such property shall be disposed of only upon an order of the proper court. If the legal owner is a
3 ORD. NO. 1283 person prohibited by law from the possession of such property, restitution shall not be made.
2-13.09 - Unclaimed property: Disposal procedures authorized.
All unclaimed property which has been in the possession of the Police Department and not otherwise disposed of, or required to be held and which is no longer needed as evidence, shall be disposed of by the Chief of Police in one of the following ways:
(a) It shall be destroyed if so directed by Federal, State, or local laws and may be destroyed if authorized by such laws.
(b) All guns or firearms which are not required or authorized to be destroyed by Federal or State laws shall be destroyed in the manner specified in the Dangerous Weapons Control Law of the State, unless such property is transferred to the Police Department as provided for in this chapter.
(c) If the use of any such property is requested by any department of the City, and the property so requested is not subject to destruction under applicable Federal, State, or local laws, after a Council resolution such property shall be transferred to the Purchasing Agent of the General Services Department, upon being issued a signed receipt therefor, for distribution to the department making the request and need not be sold. Such property transferred to the Purchasing Agent of the General Services Department, shall not be redeemable by the owner or other person entitled to possession.
(d) Any unclaimed property with a value of not more than $500 or all bicycles may be turned over to the Probation Department, to the Welfare Department, or to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a for use in any program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under Federal or State law, or both, for use in any program designed to prevent juvenile delinquency as provided for in Section 217 of the Welfare and Institutions Code.
(e) Property which is not disposed of as provided in subsections (a), (b), (c), and (d) of this section shall be sold at public auction to the highest bidder, the time of such public auction to be fixed by the Chief of Police or his or her designee, including any entity contracted to provide auction services.
(1) The Chief of Police or his or her designee, including any entity contracted to provide auction services shall give notice of the auction sale, at least five (5) days before the time fixed therefor, by publication once in a newspaper of general circulation published in the County. The notice shall state the day and hour when such sale shall commence, the place at which it is to be held, and contain a general description of the property to be sold or refer to a list that is on file with the City Clerk. Such notice shall be signed by the Chief of Police or his or her designee, including any entity contracted to provide auction services.
4 ORD. NO. 1283
(2) Employees of the City and their immediate families shall be prohibited from participating in such public auctions.
(3) The expenses of such sales shall be a proper charge against the funds of the City, and all proceeds received from such sales, together with all monies unclaimed for a period of six (6) months, shall be delivered to the City Treasurer for deposit in the General Fund.
(f) Any property advertised and offered for sale but not sold and not suitable for appropriation to the use of the City shall be deemed to be of no value and shall be destroyed or otherwise disposed of in such manner as the City Manager or his authorized representative may direct.
SECTION 2. Section 603 of Chapter 9 of Title 4 is hereby amended to read:
4-9.603 - Removal of mobile billboard advertising displays authorized.
Pursuant to Section 22651, Subdivision (v), of the California Vehicle Code, any peace officer, or any regularly employed and salaried employee of the City, who is engaged in directing traffic or enforcing parking laws and regulations may remove a mobile billboard advertising display, and/or anything that the mobile billboard advertising display is attached to including a motor vehicle, found upon any public street, alley or any public lands in the City when either (1) or (2) below all of the following areis true:
(1) The following three elements must be satisfied: (a) The mobile billboard advertising display is parked or left standing in violation of this Code; and (b) The registered owner of the mobile billboard advertising display was previously issued a warning citation for the same offense; and (c) The warning citation was issued to a first-time offender at least twenty-four (24) hours prior to the removal of the mobile billboard advertising display and the warning citation advised the registered owner of the mobile billboard advertising display that he or she may be subject to penalties upon a subsequent violation that may include the removal of the mobile billboard advertising display. Notice of the warning citation may be provided by personal service, by attaching the citation to the mobile billboard advertising display in a conspicuous place so as to be easily observed, or by any other manner permitted by law.
Pursuant to Section 22651(v)(2) of the California Vehicle Code, the City is not required to provide further notice for any subsequent violation prior to enforcement.
(2) The mobile billboard advertising display is parked or left standing in violation of this Code, and neither the mobile billboard display nor anything the mobile billboard display may be attached to are vehicles required to be registered pursuant to California Vehicle Code Section 4000 or any other section of the California Vehicle Code. In such case, no notice is required and the mobile billboard display and anything the mobile billboard display is attached to may be
5 ORD. NO. 1283 immediately removed. Further, no post-storage impound hearing, including the hearing as set forth in Section 4-9.604, shall apply to such mobile billboard display and anything the mobile billboard display may be attached to. Such items shall be processed by the Police Department pursuant to Title 2, Chapter 13 of this Code (Section 2-13.01 et seq.).
SECTION 3. Subsection (a) of Section 703 of Chapter 9 of Title 4 is hereby amended to read:
4-9.703 - Parking Restrictions on City Owned or Controlled Parking Lots Authorized.
(a) The City Manager, in consultation with the City Engineer as the City Manager may deem necessary or advisable, may establish and cause to be posted with appropriate signage, parking, standing or stopping restrictions on City owned or controlled parking lots. These parking, standing or stopping restrictions are authorized under California Vehicle Code (CVC) 21113, 22511.8 and 22519. Under this delegation to the City Manager, sSuch restrictions may include, without limitation, limits as to time, prohibitions regarding overnight parking during certain hours, vehicle weight, vehicle type, and other factors. restrictions applicable to specific parking lots and specific parking spaces, including the reservation thereof for designated City employees and officials, exemptions for government vehicles and employees, restrictions on particular days and exemptions for those issued temporary parking permits by the City. The City Council may establish additional or different parking restrictions by resolution from time to time. Whether established by the City Manager or the City Council, such restrictions shall be placed on file with the City Clerk.
SECTION 4. A new Municipal Code Section 5-22.13 is added to Chapter 22 “Weapons” of Title 5 “Public Welfare” of the Simi Valley Municipal Code to read:
5-22.13. - Carrying Knives or Daggers in Plain View Prohibited.
(a) As used in this section, the term “knife” or “dagger” shall include any knife, dirk or dagger having a blade three (3) inches or more in length, any ice pick or similar sharp tool, any straight edge razor or any razor blade fitted to a handle.
(b) No person shall use, wear or carry in plain view any knife or dagger, whether sheathed or unsheathed, upon any public street or other public place or in any place open to the public.
(c) The prohibitions of this section shall not apply: where a person is a peace officer acting in the line of duty; where a person is wearing or carrying a knife or dagger for use in a lawful occupation, for lawful recreational purposes, or as part of a recognized religious practice, while actively engaged in such occupation, recreation or practice; or while the person is immediately traveling to or returning from participation in such activity.
6 ORD. NO. 1283
(d) Penalties. A violation of this Section 5-22.13 shall be an infraction or a misdemeanor as determined by the City Attorney.
SECTION 5. Chapter 38 of Title 5 “Public Welfare” of the Simi Valley Municipal Code is hereby amended to read:
Chapter 38 CITY BUILDINGS AND FACILITIES
5-38.101 - Purpose and scope.
The provisions of this Chapter shall apply to all buildings, facilities and other public property that the City owns, leases or operates for the purpose of conducting City government business or providing City services, or that is otherwise under the control and jurisdiction of the City Council, including but not limited to City Hall, the Senior Center and the Cultural Arts Center (“City Facilities”). The purpose of this Chapter is: to provide for the establishment of reasonable rules and regulations to be observed by the public in the use of such City Facilitiesbuildings, facilities, and other public propertyto maintain the safety of City employees and patrons, facilitate the City’s ability to conduct government business and provide services, and prevent damage to City Facilities;, as well as to provide authority for the implementation and enforcement of such rules and regulations.
5-38.102 - Rules and regulations.
In accordance with his the City Manager’s powers and duties to exercise general supervision over all public buildings, facilities, and other public property City Facilitiesunder the jurisdiction of the City Council, the City Manager may promulgate reasonable rules and regulations to be observed by the public in the use of City Facilities (“Facility Regulations”), including without limitation time limits and other restrictions. The City Manager’s Facility Regulations shall be placed on file with the Office of the City Clerk, and shall be available to the public during regular business hours. At the City Manager’s discretion, such Facility Regulations or excerpts thereof may be posted at particular City Facilities, although such posting is not required for enforcement provided a verbal warning is provided consistent with any applicable Facility Regulation requirement. One warning is sufficient to allow for enforcement of any Facility Regulation or any requirement set forth in this Chapter throughout the remainder of each particular day.
The City Council may also from time to time establish rules and regulations applicable to particular City Facilities, which Such rules and regulations shall become effective upon such time that they are approved by the City Council. Thereafter, provided that the particular resolution so requires, such rules and regulations, or excerpts thereof, shall be posted at the building, facility or other public propertyCity Facility to which they pertain and copies shall be available to persons desiring copies thereof from the Office of the City Clerk during regular business hours.
7 ORD. NO. 1283
5-38.103 - Unlawful conduct.
With respect to any City Facility, it shall be unlawful to:
(a) No persons shall Wwillfully harass or interfere with any City official, employee, contractor or agent (collectively, “City Personnel”) in the performance of his or her duties in a City building or fFacility, willfully disrupt any event or activity being conducted in such building or fCity Facility or, by their conduct, willfully harass or interfere with any other person's use of such building or fCity Facility, or threaten violence or intimidate any City Personnel or any member of the public;
(b) Enter designated areas that are not open to the general public inside of City Facilities without permission from City Personnel;
(c) Remain inside a City Facility without a purpose related to conducting business, accessing services, or contacting City Personnel on the premises;
(d) Enter an interior area of a City Facility once City Personnel advises that the area is closed to the public, or that is signed in any manner that suggests that the public should not enter, unless given permission to enter by City Personnel;
(e) Remain in the lobby, hallways, waiting areas, or similar public areas inside a City Facility longer than is necessary to conduct City-related business or contact an employee or official, or wait in a City building for City Personnel indefinitely;
(f) Insist on meeting with City Personnel and remain waiting after being told by City Personnel that the person is either not available or will not meet with the person requesting a meeting;
(g) Refuse to leave a City Facility after having been lawfully directed to do so by City Personnel. City Personnel may direct a person to leave a City Facility in compliance with procedures set forth in a Facility Regulation applicable to the City Facility; or
(h) Violate the City Manager’s Facility Regulations.
5-38.104 - Removal from facility.
Any person who violates Section 5-38.103, the City Manager’s Facility Regulations or who violates any properly adopted rule or regulation after having been given notice thereof by City Ppersonnel pursuant to the requirements of this Chapter, shall remove him or herself from the building or facility if requested by City Personnel, or if so ordered by a peace officer based upon probable cause that a person has committed such violation.
8 ORD. NO. 1283
5-38.105 - Violations.
It is a misdemeanor or infraction, at the discretion of the City Attorney, to violate Section 5-38.103, the City Manager’s Facility Regulations or any rule or regulation promulgated and adopted in accordance with this Cchapter after having been given notice thereof, or to fail to leave the building or facility upon being requested by City Personnel or ordered to do so by a peace officer in accordance with Section 5- 38.104.
SECTION 6. A new Chapter 44 is added to Title 5 “Public Welfare” of the Simi Valley Municipal Code to read:
Chapter 44 Conduct on Public Property
5-44.01. - Purpose and Findings.
(a) Public streets, sidewalks, walkways, parking lots, plazas and other public areas are created and maintained for the primary purposes of enabling pedestrians and vehicles to safely and efficiently move about from place to place, facilitating deliveries of goods and services, and providing all potential customers and visitors with convenient access to goods and services, as well as a place to recreate and engage in free public speech in shared civic space.
(b) Pedestrians, particularly the elderly, disabled, and vision-impaired, are put at increased risk when they must see and navigate around hazards, hindrances or obstructions on public streets, alleys, sidewalk, crosswalks or other public areas.
(c) The purpose of this chapter is to maintain public streets, sidewalks and other developed and undeveloped areas within the city in a clean, safe and accessible condition for residents and the public at large; and to discourage or prevent crime, visual blight, poor sanitation and disease.
5-44.02. - Leaving or placing property, or other items in Public Areas.
(a) Except as otherwise permitted by this Code or specifically allowed through a valid City contract, no person shall place on any public street, right-of-way, alley, sidewalk, parking lot, crosswalk, parkway, plaza, public building, public facility, public place or other public area (“Public Area”) of the City any property, structure, article, substance, object or other item (“Personal Property”) unattended for a period of longer than ten minutes, or which potentially may present a hazard, hindrance, obstruction or blight to any person or vehicle traversing or passing by any portion of said Public Area. This section shall not apply to: property or items that can promptly and safely be transported or removed all at once within three minutes, provided a person with ownership or possession of such property is immediately adjacent to such property; property left on public sidewalks or streets for refuse or recycling collection by City- authorized third parties with which the person leaving such property has an existing fee service arrangement; property temporarily placed on the sidewalk or street during the active process of loading or unloading for some other lawful purpose, but only during the minimum reasonable amount of time for the active loading and unloading to occur; 9 ORD. NO. 1283 property left temporarily on the sidewalk during activities otherwise permitted on the sidewalk as a matter of law, provided a person with ownership or possession of such property is immediately adjacent to such property; or property for which there is reasonable evidence or indicia that the person to whom the property belongs is without a fixed place of address, homeless or otherwise has not secured permanent housing (“Specific Personal Property”).
In the case of Specific Personal Property which would otherwise be in violation of this section, before Specific Personal Property is removed, a written notice (“Notice”) shall be securely attached to the Specific Personal Property or otherwise placed in close proximity to the Specific Personal Property which Notice shall: (i) state that the Specific Personal Property will be collected and stored pursuant to law unless it is removed by the time of expiration of the notice period; (ii) identify the City contact by address and telephone number where the Specific Personal Property may be retrieved; (iii) state that no identification is required to retrieve the Specific Personal Property, except for prescription medications, which require valid identification; and (iv) state that the Specific Personal Property may be picked up free of charge and without a ticket, fine or citation solely due to the abandonment or placement in the Public Area of the Specific Personal Property. Only one Notice need be placed per collection of Specific Personal Property that is contained within a 20 foot radius. After the Notice has been attached or placed pursuant to this section for at least 48 hours, the property may be removed pursuant to subsection (b), below. The post-removal notice for Specific Personal Property, in addition to the requirements set forth in subsection (b), should include the requirements for Notice set forth in (ii)-(iv) of this subsection (a). Notwithstanding the foregoing, any Specific Personal Property which is obstructing the right-of-way in a Public Area may be moved up to twenty (20) feet by the City to remove the obstruction; if a movement of up to twenty (20) feet cannot reasonably clear the obstruction, the City may immediately collect the property according to subsection (b) and provide the post-removal notice as set forth in this paragraph. Further, any Specific Personal Property that is liquid or solid waste, or otherwise presents an imminent threat to the public health or safety, may be immediately removed by City.
(b) Such Personal Property described in subsection (a) may be removed from the Public Area by the City or its contractors if the owner of such Personal Property is not present or, if present, is otherwise unable to remove the Personal Property within three minutes. At the time of removal of said Personal Property, a notice of such removal shall be given to the owner and/or placed at the location from where such Personal Property was removed. Such Personal Property shall be processed by the City pursuant to Title 2, Chapter 13 of this Code (Section 2-13.01 et seq.).
5-44.03. - Unattended Packages.
No person may intentionally leave any package, box or container within a public area of a public building or within 20 feet of the exterior any public building, and thereafter depart and not remain within immediate reach of such item, unless that person is a member of a recognized or established delivery, postal or courier service or otherwise acting on behalf of or at the behest of the City or other governmental agency. In the case of Specific Personal Property as defined in Section 5-44.02(a), the items may be immediately removed and the procedures set forth in Section 5-44.02(a) shall
10 ORD. NO. 1283 be followed, including a post-removal notice. Removal of such property by the City may take place pursuant to the method described in Section 5-44.02(b).
5-44.04. - Public urination and defecation prohibited.
No person shall urinate or defecate in or upon any public street, sidewalk, parking lot, alley, right-of-way, crosswalk, parkway, plaza, park, public building or other publicly maintained facility, public place or other public area or in any place open to the public or exposed to public view, except when using a urinal, toilet or commode located in a restroom, or when using a portable or temporary toilet or other facility designed for the sanitary disposal of human waste and which is enclosed from public view.
5-44.05. - Penalty.
Any person violating the provisions of this Chapter shall be guilty of a misdemeanor or an infraction, as determined by the City Attorney.
SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect. SECTION 8. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
SECTION 9. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED and ADOPTED this 8th day of January 2018.
Attest:
/s/ /s/ Ky Spangler, Deputy Director/City Clerk Robert O. Huber, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
/s/ /s/ Lonnie J. Eldridge, City Attorney Eric J. Levitt, City Manager
/s/ David M. Livingstone Chief of Police 11