Ordinance 1666ORDINANCE NO. 1666
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CHAPTER 10.56 OF THE CUPERTINO
MUNICIPAL CODE RELATING 7'O TRESPASSING ON PRIVATE
PROPERTY OPEN TO THE PUBLIC AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF C1;IPERTINO ORDAINS AS FOLLOWS:
SECTION 1. LEGISLATIVE FINDINGS. "The City Council finds that this ordinance is
an urgency ordinance to take effect immediately. This ordinance is adopted for the
immediate preservation of the public peace, .health and safety. The City Council hereby
adopts the following findings which constitute the urgency:
A. Pursuant to existing chapter 10.5Ei of the Cupertino Municipal Code, it is
unlawful for any person to enter or remain ~~n private property open to the public after
being requested to leave where that person has caused a cleaz and present danger to
property, person or the normal conduct of business, unless removing such person would
impinge on their First Amendment rights.
B. A number of shopping centers within the City have adopted written "Codes of
Conduct" which provide that violators will bE: cited under chapter 10.56. However, some
of the conduct regulated by these private codes of conduct unreasonably interferes with
Constitutionally protected rights. Therefore, the Sheriff's Office is unable to take action
under the present ordinance due to the lack ol'specificity of chapter 10.56.
C. Because the lack of clarification ire chapter 10.56 has given rise to present
unlawful and ongoing conduct at one shopping center in the City, it is necessary to
immediately amend chapter 10.56 to clarifi~ the City's position regazding conduct on
shopping centers and other private property open to the public.
D. The Constitutions of the United Status and the State of California, as interpreted
by the courts, allow the regulation of conduct on private property open to the public if
narrowly drawn and limited to the end of promoting specifically identified substantial
interests.
E. In order to property protect the public; health, safety and welfaze of its citizens, it
is necessary for the City to amend Chapter 10.56 to identify with specificity conduct on
private property open to the public which the City deems unlawful.
SF.(:TT(~N 2, AMENDMENTS. Chapter 10.56, to be entitled "TRESPASSING ON
SHOPPING CENTERS AND OTHER PRIVATE PROPERTY OPEN TO THE
PUBLIC," is hereby amended as follows:
A. Section 10.56.020 is hereby amended to read as follows:
ORDINANCE NO. 1666
Page 2
10.56.020 Unlawful. It is unlawful for any person, other than a public
officer or employee acting within the scope of his or her employment, to enter or remain
on any shopping center property, or any other private property open to the public within
the City, after the owner, lessee or other person in charge of the property has, for good
cause, demanded that such person remove themselves from the property.
Good cause for removing someone fi•om the property is limited to the following
instances:
1. Where the person participates in, or engages in conduct which urges a riot,
acts of force or violence, or the burning or destroying of property within the meaning of
Penal Code sections 404 and 404.6;
2. Where the person participates in an unlawful assembly as defined in Penal
Code section 407;
3. Where the person engages in conduct which constitutes a disturbance of
the peace as defined in Penal Code section 415;
4. Where the person intentionally interferes with the lawful conduct of
business on the premises by obstructing or intimidating those attempting to carry on
business, or by obstructing or intimidating their customers within the meaning of Penal
Code section 602.1;
5. Where the person engages in disorderly conduct within the meaning of
Penal Code section 647, including, loitering., accosting other persons for the purpose of
begging, and being under the influence of an}' drug or liquor;
6. Where the person willfully quid maliciously obstructs the free flow of
pedestrian movement within the meaning of Penal Code section 647c;
7. Where the person causes a noise disturbance in violation of Chapter 10.48
of this Code; or
8. Where the person smokes in violation of Chapter 10.25 of this Code or in
violation of smoking rules established by any shopping center within the City.
B. Section 10.56.030 is hereby amended to read as follows:
10.56.030 Exception. The provisions of this chapter shall not apply where
the owner, lessee or other person in charge o P a shopping center or other private property
open to the public prohibits or unreasonably interferes with constitutionally protected free
speech activities.
ORDINANCE NO. 1666
Page 3
C. Section 10.56.040 is hereby added to Chapter 10.56 to read as follows:
10.56.040 Regulation and enforcement by property owner. Nothing in
this chapter prohibits owners, lessees or other persons in charge of a shopping center or
other private property open to the public from establishing and enforcing regulations, in
compliance with applicable law, which restrict free speech activities on their property.
D. Section 10.56.050 is hereby amended to be renumbered and to read as follows:
10.56.050 Enforcement of other laws unaffected. Nothing in this
chapter affects the power of authorized law Enforcement officers to arrest and prosecute
violators of the California Penal Code, any other statute of the State of California or other
ordinances of the City.
E. Sections 10.56.050 and 10.56.060 :ire hereby renumbered as 10.56.060 and
10.56.070, respectively.
SECTION 3. VALIDITY. It is hereby dec aced to be the intention of the City Council
of the City of Cupertino that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and if any section, paragraph, sentence, clause or phrase of
this ordinance is declared unconstitutional by the valid judgment of a court of competent
jurisdiction, such unconstitutionality shall not affect any of the remainder of this
ordinance.
SECTION 4. URGENCY. PASSED AND ENACTED at a regular meeting of the City
Council of the City of Cupertino by the following four-fifths vote as an urgency
ordinance of the City of Cupertino this 1st clay of August, 1994. This ordinance takes
effect immediately.
Vote
AYES: Bautista, Burnett, Dean, Koppel
NOES: None
ABSENT: Sorensen
ABSTAIN: None
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Kim Marie Smith
City Clerk