HomeMy WebLinkAboutMC-355
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ORDINANCE NO. HC-355
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.49
TO THE SAN BERNARDINO MUNCIPAL CODE AND REGULATING DANCING,
INCLUDING "BREAK DANCING", UPON PUBLIC AREAS AND PASSAGEWAYS OF
ANY REGIONAL SHOPPING CENTER.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Title 9 of the San Bernardino Municipal Code is
amended by adding thereto Chapter 9.49 to read:
"Chapter 9.49
RECREATIONAL ACTIVITIES - SHOPPING CENTERS
9.49.010 Definitions.
As used in this chapter:
A. 'Recreational activity' means dancing, including 'break
dancing' and any similar recreational body or physical movements
performed with or without the accompaniment of music, whether
performed alone or by couples or groups, and other activities
which attract spectators as an amusement or recreational audience
or which are done as an exhibition or contest.
B. 'Regional shopping center' means the Inland Shopping
Center or the Central City Mall in the City of San Bernardino.
9.49.020 Purpose and findings.
A. It is the purpose of this chapter to permit the free
passage of pedestrians in, and the unobstructed use of, regional
shopping centers.
B. It is found that:
1. Regional shopping centers exist for the primary
purpose of providing places for stores to sell merchandise or
services to persons who wish to obtain such merchandise or
services.
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2. Such shopping centers are also visited by persons
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I who are not transacting any business there, but who are engaging
I in recreational activities as defined herein.
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I people which obstruct access to store entrances, impede the
movement of pedestrians on stairs and passageways, harass and
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3.
Such recreational activities attract crowds of
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annoy shoppers on the premises, monopolize seating, damage
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landscaping, and interfere with the conduct of legitimate
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businesses.
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4. The City of San Bernardino is expending public
11 funds to maintain the vitality of commerce within the community
12 and derives a large portion of its revenues from taxes on
13 commercial activity.
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5. The public areas of the Central City Mall are
15 subject to contractual rights and non-exclusive easements for the
16 benefit of the private property owners within the Mall.
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9.49.030 Unlawful recreational activities.
18 Except as authorized by permit, it is unlawful for any
19 person or persons to engage in any recreational activity as
20 defined in Section 9.49.010 whether performed alone or with
21 another person or persons upon any public area or passageway of
22 the enclosed area of any regional shopping center during the
23 business hours of any commercial activity in such regional
24 shopping center.
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9.49.040 Permit for recreational activity.
26 Recreational or related activities as defined herein shall
27 be authorized by a permit, and the City Administrator or his
28 designee is hereby authorized to issue permits for such
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1 recreational activities on any public area or passageway of the
2 enclosed area of any regional shopping center upon completion and
3 filing of an application on an approved City form. A permit
4 shall be issued within three business days after receiving the
5 application therefor upon the same terms and conditions as those
6 imposed on any other user of the facilities and subject to
7 comparable requirements contained in Section 5.40.060 Subsections
8 D, E, F, G or K relating to solicitations and upon other
9 reasonable conditions as to time, place and manner.
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9.49.050 Violation - Penalty.
11 Any person violating any of the provisions of Chapters 9.48
12 and 9.49 shall be deemed guilty of an infraction, and upon
13 conviction thereof shall be punished by a fine not exceeding the
]4 amounts set forth in Section 1.12.030 Subsection B."
15 I HEREBY CERTIFY that the foregoing ordinance was duly
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I adopted by the Mayor and Common Council of the City of San
,
Bernardino at a reqular meeting thereof,
held on the 19th day of March , 1984, by the
following vote, to wit:
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AYES:
Council Members Castaneda, Reilly, Hernandez,
Marks, Quiel
NAYS:
Council Member Frazier
ABSENT:
Council Member Strickler
~~~d
~ity C er
The foregoing ordinance is hereby
of
day
22nd
.s
March
, 1984.
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1 I Approved as to form:
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3 Igy~y
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