HomeMy WebLinkAboutItem No. 08 - Second Reading of an Ordinance Adding Chapters to the Lake Elsinore Municipal Co8)Second Reading of an Ordinance Adding Chapters to the Lake Elsinore Municipal
Code Relating to Trespassing on Designated Conservation Areas and City Property
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 9.56 (TRESPASS
ON DESIGNATED CONSERVATION AREAS) AND CHAPTER 9.58 (TRESPASS ON CITY
PROPERTY) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE LAKE
ELSINORE MUNICIPAL CODE RELATING TO TRESPASS ON DESIGNATED
CONSERVATION AREAS AND TRESPASS ON CITY PROPERTY.
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Candice Alvarez, MMC, City Clerk
Date:April 11, 2023
Subject:Second Reading of an Ordinance Adding Chapters to the Lake Elsinore
Municipal Code Relating to Trespassing on Designated Conservation Areas
and City Property
Recommendation
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 9.56 (TRESPASS ON
DESIGNATED CONSERVATION AREAS) AND CHAPTER 9.58 (TRESPASS ON CITY
PROPERTY) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE LAKE
ELSINORE MUNICIPAL CODE RELATING TO TRESPASS ON DESIGNATED
CONSERVATION AREAS AND TRESPASS ON CITY PROPERTY.
Background
At its Regular meeting on March 28, 2023, the City Council introduced by title only and waived
further reading of the Ordinance.
Attachments
Attachment 1 - Ordinance
ORDINANCE NO. 2023-1484
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING CHAPTER 9.56 (TRESPASS ON DESIGNATED
CONSERVATION AREAS) AND CHAPTER 9.58 (TRESPASS ON CITY
PROPERTY) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE
LAKE ELSINORE MUNICIPAL CODE RELATING TO TRESPASS ON
DESIGNATED CONSERVATION AREAS AND TRESPASS ON CITY
PROPERTY
Whereas, the City strives to protect, preserve, and promote the public health, safety, and
welfare of city of Lake Elsinore residents, businesses, and visitors and to protect city property
consistent with its intended and beneficial use; and
Whereas, the City is the steward of environmentally sensitive lands throughout the City
and in some cases, has entered into conservation easements in which the City’s responsibilities
include protecting the conservation values of the property, managing public access to such lands,
and posting signage to prevent trespass; and
Whereas, other city property, including buildings and other facilities, public parks,
playgrounds, recreation facilities, trails and open space not designated for conservation are also
at risk of unlawful use and repeated offenses by individuals who have been found to violate state
or federal laws or any city ordinance, resolution, policy, rule, or regulation on such city property and,
in order to protect the city property and the use and enjoyment thereof by city residents and
visitors, the City desires to adopt a process to exclude those individuals from such city property.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 9.56 and Chapter 9.58, Trespass. Chapter 9.56 and Chapter 9.58 are
hereby added to Title 9 (Public, Peace, Morals and Welfare) of the Lake Elsinore Municipal Code, as
follows:
Chapter 9.56 TRESPASS ON DESIGNATED CONSERVATION AREAS
Sections:
9.56.010 Purpose.
9.56.020 Designated Conservation Area.
9.56.030 Violation - Trespass.
9.56.040 Exceptions.
9.56.010 Purpose. The purpose of this Chapter is to protect designated
conservation areas by prohibiting unlawful entry and activities that will impair or
interfere with the conservation values of the property.
Ord. No. 2023-1484
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9.56.020 Designated Conservation Area.For purposes of this Chapter, a
”designated conservation area” is any property owned or managed by the City or other
public agency that are subject to a recorded conservation easement or restrictive
covenant involving the preservation, restoration, and enhancement of native species
and their habitats and posted with signage identifying the area as a habitat,
conservation, or preservation area.
9.56.030 Violation - Trespass.
A. It is unlawful for any person to enter into or remain upon any designated
conservation area. Violation of this section shall constitute a trespass on
designated conservation areas.
B. Any violation of this Chapter shall be subject to the penalties under Chapter 1.16,
which are intended to be cumulative and may be enforced by the City in addition
to, or in lieu of, each other.
C. Any violation of this Chapter shall constitute a public nuisance, subject to
abatement by any means authorized by law, including but not limited to,
injunctive relief.
9.56.040 Exceptions. This Chapter shall not apply to:
A. Any authorized employee or agent of the City of Lake Elsinore, including
persons engaged for long-term management or maintenance of the designated
conservation area.
B. Any person holding a permit to enter the designated conservation area issued
by the Director of Community Services Department or his or her designee, which
permits shall be issued solely for educational or research purposes.
C. An employee or agent of the California Department of Fish and Wildlife, the
United States Fish and Wildlife Service or the Army Corps of Engineers
entering a designated conservation area for inspection or other purpose in
accordance with a recorded conservation easement.
D. Any person who enters a designated conservation area upon, and remains upon,
a designated public trail within a conservation area when using the public trail for
its intended purpose.
Chapter 9.58 TRESPASS ON CITY PROPERTY
Sections:
9.58.010 Purpose.
9.58.020 City Property.
9.58.030 Unlawful Conduct on City Property.
9.58.040 Authority to Issue Trespass Notice – Service and Content.
9.58.050 Violation - Trespass.
9.58.060 Exceptions.
9.58.070 Rules and Procedures.
Ord. No. 2023-1484
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9.58.010 Purpose. The purpose of this Chapter is to protect, preserve and
promote the public health, safety, and welfare of city of Lake Elsinore residents and
visitors and to protect city property and the use and enjoyment thereof by adopting a
process to exclude from city property individuals who have been found to violate laws of
the United States, the State of California, or any city ordinance, resolution, policy, rule,
or regulation on such city property.
9.58.020 City Property.For purposes of this Chapter, “city property”
means all or any part of a building, public park, playground, recreation facility, open
space, trail, or any other property owned, operated, or maintained by the city or any
other public agency formed by the City.
9.58.030 Unlawful Conduct on City Property.
A. No person shall remain upon any city property after having been found to have
violated any laws of the United States, the State of California, or any city
ordinance, resolution, policy, rule, or regulation on such city property where that
person has been given a notice by authorized city personnel or a police officer
to cease the violation, and where that person continues the violation and has
been asked to leave the city property.
B. Any person who has been found by authorized city personnel or a police officer
to have violated any laws of the United States, the State of California, or any city
ordinance, resolution, policy, rule, or regulation on city property may be banned
from such city property by authorized city personnel or a police officer by issuance
of a trespass notice pursuant to Section 9.58.040 provided that the violation
occurred on, and in any manner relates to, the city property from which the person
has been banned.
C. No person shall enter or remain upon any city property after having been banned
therefrom for the duration specified on the trespass notice.
9.58.040 Authority to Issue Trespass Notice – Service and Content.
A. Authorized city personnel and police officers are authorized to issue a trespass
notice to any individual who, pursuant to Section 9.58.030 or a court of law, has
been found to have violated any laws of the United States, the State of
California, or any city ordinance, state statute, or government rule or regulation
while such individual is on or within any city property.
B. Trespass notices may be delivered in person to the individual or by first class
mail to the individual at the individual’s last known address.
C. The trespass notice shall be in writing, shall contain the date of issuance, shall
describe the behavior that is the basis for the trespass notice, shall state a specific
location from which the individual shall be banned and state a time period, not
exceeding one year, that the ban will be in effect, shall be signed by the issuing
city personnel or police officer, and shall state the consequences for failure to
comply. The individual need not be charged, tried, or convicted of any crime or
infraction for the trespass notice to be issued or be effective.
Ord. No. 2023-1484
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9.58.050 Violation – Trespass.
A. Any person who is found on city property in violation of a trespass notice shall be
guilty of a trespass on city property.
B. Any violation of this Chapter shall be subject to the penalties under Chapter 1.16,
which are intended to be cumulative and may be enforced by the City in addition
to, or in lieu of, each other.
C. Any violation of this Chapter shall constitute a public nuisance, subject to
abatement by any means authorized by law, including but not limited to,
injunctive relief.
9.58.060 Exceptions. This Chapter shall not apply in the following circumstances:
A. Where its application results in or is coupled with any acts prohibited by the Unruh
Civil Rights Act or any other provision of law relating to prohibited discrimination
against any person on account of color, race, religion, sexual orientation, creed,
ancestry or national origin;
B. Where its application would result in an interference with or inhibition of peaceful
labor picketing or other lawful labor activities;
C. Where its application would result in an interference with or inhibition of any other
exercise of a statutory or constitutional right; or
D. Where it is necessary for the person to enter city owned or controlled property
from which that person has been banned in order to conduct city business but
only for as long as necessary to conduct said city business.
9.58.070 Rules and Procedures.The city manager is authorized to
adopt rules and procedures consistent with this Chapter.
Section 2. CEQA. This Ordinance is exempt from the California Environmental Quality
Act in accordance with Section 15061(b) (3) there is no possibility that the activity in question may
have a significant effect on the environment.
Section 3. Severability. If any provision of this Ordinance or its application is held
invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions,
sections, or applications of the Ordinance which can be given effect without the invalid provision
or application, and to this end each phrase, section, sentence, or word is declared to be
severable.
Section 4. Effective Date. This Ordinance shall become effective at 12:01 a.m. on
the thirty-first (31st) day after the date of adoption.
Section 5. Certification. The City Clerk shall certify to the passage of this Ordinance
and shall cause a synopsis of the same to be published according to law.
Ord. No. 2023-1484
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the
City of Lake Elsinore, California, on this 11th day of April 2023.
Natasha Johnson
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Ordinance No. 2023-1484 was introduced by the City Council of the City of Lake Elsinore,
California, at its Regular meeting of March 28, 2023 and adopted at its Regular meeting of April
11, 2023 and that the same was adopted by the following vote:
AYES: Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor
Johnson
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk