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ORDINANCE 1150ORDINANCE NO. 1150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ADDING A NEW CHAPTER 9.56, TO TITLE 9 (PEACE, SAFETY AND MORALS) OF THE EL SEGUNDO MUNICIPAL CODE REGARDING REGULATION OF PRIVATELY OWNED PARKING LOTS. WHEREAS, the City Council has determined that the use of privately owned parking lots, which are open to the public has frequently resulted in loud and raucous behavior, speed contests, public consumption of alcoholic beverages, and the playing of car radios and stereos at unacceptably high levels of volume, all of which activities constitute a public nuisance; and WHEREAS, in order to prevent the disturbance of the public, and to maintain order, it is in the best interest of the city to regulate the use of privately owned parking lots available to the public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter 9.56. entitled "Regulation of Privately Owned Parking Lots" is hereby added to Title 9 of the E1 Segundo Municipal Code, to read as follows: Chapter 9.56 REGULATION OF PRIVATELY OWNED PARKING LOTS Sections: 9.56.010 9.56.020 9.56.030 9.56.040 9.56.050 9.56.060 9.56.070 9.56.080 9.56.090 9.56.110 Definitions Unlawful Acts Consumption or Possession of Public Places. Consumption or Possession of Privately Owned Parking Lot Consumption or Possession of Premises From Which Alcoholic Exception Raucous Noise Posting Violations Applicability of Vehicle Code Parking Facilities Open Containers in Open Containers in Open Containers Near Beverages Are Sold. Sections to Private 9.56.010 DEFINITIONS. The following words and phrases shall, for purposes of this chapter, have the meanings set forth herein: (1) "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one -half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, or which may be ingested in any way. (2) "Duly Authorized Agent" shall include, but not be limited to, any police officer of the City of El Segundo who has been given specific of general authority on behalf of the owner of a parking lot to request that persons thereon leave the lot. (3) "Open container" means a bottle, can or other receptacle which has been opened, or a seal broken or the contents partially removed. (4) "Premises" from which alcoholic beverages are sold for off -site consumption" means the premises of a retail package off -sale alcoholic beverage licensee licensed under the Alcoholic Beverage Control Act (Business and Professions Code Division 9, Section 23000 et seq). -1- 0- 120589.PD (5) "Shopping Center" means any store or stores, business or businesses, office or offices or theatre or theatres, or any combination thereof, in the City of El Segundo, California, with offstreet parking facilities. 9.56.020 UNLAWFUL ACTS. (1) It shall be unlawful for the driver of any vehicle to park it or allow it to remain parked upon any parking lot in, of or adjacent to a shopping center except while the driver or the occupants of the vehicle are patronizing a store or service of said shopping center. (2 ) It shall be unlawful for any person, with intent to cause public disturbance or annoyance, to be or remain upon any parking lot in, of or adjacent to a shopping center or when asked to leave by a police officer or the owner thereof, or his duly authorized agent. (3) It shall be unlawful for any person to operate a radio or other sound amplifier emitting loud and raucous noises with the intent to cause a public disturbance or annoyance. 9.56.030 CONSUMPTION OR POSSESSION OF OPEN CONTAINERS IN PUBLIC PLACES. (1) No person may drink any alcoholic beverage or possess an open container of any alcoholic beverage; (a) upon any public street, alley, sidewalk, pathway, parking lot, park or other public property; or (b) on any public school property; or (c) in the entrance way to any non - residential building, which entrance way is open to view from the public street. 9.56.040 CONSUMPTION OR POSSESSION OF OPEN CONTAINERS IN PRIVATELY OWNED PARKING LOT. No person may drink any alcoholic beverage or possess an open container of any alcoholic beverage while upon a privately -owned automobile parking lot to which the public is invited and permitted. 9.56.050 CONSUMPTION OR POSSESSION OF OPEN CONTAINER NEAR PREMISES FROM WHICH ALCOHOLIC BEVERAGES ARE SOLD. No person possessing an open container of any alcoholic beverage may enter, be or remain on premises from which alcoholic beverages are sold for off -site consumption or on the sidewalk and pathways or parking lot adjacent to it. 9.56.060 EXCEPTIONS. Sections 9.56.040 and 9.56.050 do not apply to a group which has planned an organized event at which alcoholic beverages will be served provided the group has first applied to and received written consent from the appropriate public authority. 9.56.070 RAUCOUS NOISE. No person shall operate or permit operation of any vehicle radio system which emits sound audible outside a vehicle when the vehicle is being operated or parked on private property, open for public use at a distance greater than 25 feet from the source of the sound. 9.56.080 POSTING. The owner of any private property to which this chapter applies may post a notice to all persons of the applicability of the regulations contained herein. However, the failure to post such a notice shall not prevent the enforcement of any provision of this chapter. -2- 0- 120589.PD 9.56.090 VIOLATIONS. Violation of any provision of this chapter is an infraction, punishable as provided in this code by (1) a fine not exceeding $100 for a first violation; (2) a fine not exceeding $200 for a second violation of the same ordinance within one year; (3) a fine not exceeding $500 for each additional violation of the same ordinance within one year. 9.56.110 APPLICABILITY OF VEHICLE CODE SECTIONS TO PRIVATE PARKING FACILITIES. All privately owned and maintained offstreet parking facilities within the City of E1 Segundo shall be subject to the provisions of Sections 22350 (Basic Speed Law), 23103 (Reckless Driving) , 23109 (Speed Contest and Exhibitions of Speed) , and Division 16.5 commencing with Section 38000 (Off Highway Motor Vehicles) of the California Vehicle Code if the owner or operator of said parking facility has caused to be posted in a conspicuous place at each entrance to that offstreet parking facility a notice not less than 17" X 22" in size with lettering less than one inch in height to the effect that the offstreet parking facility is subject to public traffic regulations and control. This section shall not require the E1 Segundo Police Department to provide patrol or enforce any provisions of this code on a privately owned or maintained offstreet facility except as provided for in other sections of this code. SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or word of this ordinance or any part thereof is for any reason held to be unconstitutional, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, subdivision, paragraph, sentence, clause, phrase or word, not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be declared subsequently invalid or unconstitutional. SECTION 3. Operative Date. This ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and shall cause the same to be published or posted as .,required by law. PASSED, APPROVED and ADOPTED this 20thda/jr ofV FAXruary , 1990. uiLy uierK ( SEAL) r of the City of E1 Segundo California —3— 0- 120589.PD STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 1150 is a full, true correct original of Ordinance No. 1150 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING A NEW CHAPTER 9.56 TO TITLE 9 (PEACE, SAFETY AND MORALS) OF THE EL SEGUNDO MUNICIPAL CODE REGARDING REGULATION OF PRIVATELY OWNED PARKING LOTS. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 20th day of February, 1990 and the same was so passed and adopted by the following vote: AYES: Councilmembers Anderson, Clutter, Dannen, West and Mayor Jacobson NOES: None ABSTENTIONS: None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 1150 was duly and regularly published according to law and the order of the City Council of said City of El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the followin day, to wit: 1 l nald L. Hart City Clerk of the City of El Segundo, California (SEAL)