Ordinance 880
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ORGZ.:nivCE i.0.880
AIJ ORDIIdA2JCE OF TiiE CI2Y OF CUPERTINO
ADDING CHAPTER 10.56 TO THF. CUPERTINO
MUNICIPAL CODE PROHIBZTING 1RESPASS
UPON SHOPPII~G CENTER PROPERTY OR OTHER
, PRIVAT£ PROPERTY OPEN TO THE PUBLIC
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLIAWS:
There is hereby added Chapter 10.56 to the Cupertino
Municipal Code to read in full as follows:
Chacter 10.56
TRESPASSING UPON PARKING LOTS,
. SHOPPING CENTER PROPERTY; AI1D
OTHER PROPERTY OPEN TO TAE PUBLIC
Sections:
10.56.010 Definition ~
10.56.020 Unlawful
10.56.030 Exception
10.56.040 Other Laws
10.56.050 Severability
10.56.060 Penalty
10 56 O10 Definition -"Shopping Center". "Shopping
Center" is defined as a geographically integrated group of
commercial establishments planned, developed and managed as
a unit and capable of furnishinq customers daily needs of
goods and services on a one-stop basis.
10.56.020 Unlawful. It is unlawful for any person,
other an a p lic o icer or employee acting within the
course and scope of his employment, to enter, or remain
upon, any shopping center property or any other private
property open to the public within the City of Cupertino after
the owner, lessee, or other person in charge of said pro-
perty has, for good cause, demanded said person to remove
himself therefrom. Good cause for removal from the premises
inclndes, but is not limited to, instances in which there
is a clear and present danger to private property, the safety
of any person, or to the normal conduct of business, caused
by the actions of persons sought to be removed.
10.56.030 Exce tion. The provisions of this
Ordinance sha not aop y to instances in which the owner,
lessee, or other person in charqe of shopping cen.ter pro-
perty, or other private property open to the public, pro-
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~ hibits, or unrcasonably interferes wit'ti, the exercise oi
a constitutionally protected right of freedom of sp~ech,
• such as, but not limited to, peaceful expressions ef
~ political or religious opinions, not involving of~ensive
• personal conduct coinciding with those offenses punishable
' under California Penal Code Sectfons 415 or 647. This
I section does not, however, prohibit owners, lessees, or
other persons in charge of a shopping centeF or other pri-
' vate property open to the public from regulating the exer-
cise of freedom of speech through reasonable deportment
regulations rationally related to the services performed
and the facilities provided.
10.56.040 Other Laws: Nothing in this Ordinance
affects e power of authorized law enforcement authorities
to arrest and prosecute persons who are in violation of
California Penal Code Sections 602(n) or 647(c), or of any
other statute of the State of California.
10.5~6.050 Severability• If any section, subsection,
subdivision, sentence, c ause or phrase of this chapter is
for any reason held to be unconstitutional or otherwise
void or invalid by any court of competent jurisdiction,
the validity of the remaining portions of this chapter shall
not be affected thereby.
10.56.060 Penalty• Any person violating any of the
provisions of this C apter shall be deemed guilty of an
infraction and upon conviction thereof shall be punished as
provided in Chapter 1.12.
INTRODUCED at a regular meeting of the City Council
of the City of Cupertino this 6th day of June , 1978,
and ENACTED at_a regular meeting
of the City Council of the
City of Cupertino this 20th day of June 1978, by the
following vote:
Vote: Members of the City Council
AYES: Meyers. 0'Keefe, Rogera, Sparks, Jackson
NOES: None
ASSENT: .None
ABSTAIN: None
APPROVED:
a r; C Eugertino
ATTEST: '
City C1 k