EXHIBIT “A”
CHAPTER 9.53 – PROHIBITION ON CARRYING OR POSSESSING SPECIFIED ITEMS WHILE ATTENDING OR PARTICIPATING IN ANY PUBLIC DEMONSTRATION, GATHERING, RALLY, PROTEST, PICKET LINE OR PUBLIC ASSEMBLY Section 9.53.010 - Purpose.
To ensure the peaceful expression of free speech, the City of Riverside has adopted the following provisions to limit the use of certain objects that may be weaponized during public demonstrations, gatherings, rallies, protests, counter-protests, picket lines, marches, or assemblies on public property in order to safeguard against violence for the citizenry of Riverside.
The City of Riverside adopts these content-neutral, time, place and manner regulations to ensure for the safety and welfare of all individuals. These regulations allow for the peaceful expression of differing ideas and views while reducing the risk of violent conflict by prohibiting the use or possession of weapons, or objects that may be weaponized during public demonstrations, gatherings, rallies, protests, counter-protests, picket lines, marches, or public assemblies.
Section 9.53.020 - Restrictions.
No person shall utilize, carry, or possess the following items or articles while attending or participating in any demonstration, rally, protest, counter-protest, picket line, march, or public assembly:
Any length of lumber, wood, or wood lath unless that object is one-quarter (¼) inch or less in thickness and two (2) inches or less in width, or if not generally rectangular in shape, such object shall not exceed three-quarter (¾) inch in its thickest dimension. Both ends of the lumber, wood or wood lath shall be blunt; Any length of plastic pipe, whether hollow or solid provided, however, that hollow plastic piping not exceeding three quarter (¾) inch in its thickest dimension and not exceeding one-eighth (⅛) inch in wall thickness, and not filled with any material, liquid, gas or solid may be used solely to support a sign, banner, placard, puppet or other similar expressive display. Both ends of any plastic pipe permissible under this subsection shall be blunt; Any length of metal pipe, whether hollow or solid;
Signs, posters, banners, plaques or notices, unless such sign, poster, banner, plaque or notice is constructed solely of soft material, such as cloth, paper, soft plastic capable of being rolled or folded, or cardboard material no greater than one-quarter (¼) inch in thickness; Baseball or softball bats, regardless of composition or size; Any aerosol spray, tear gas, mace, pepper spray, smoke canisters, or bear repellant; Any projectile launcher or other device, such as a catapult or wrist rocket, which is commonly used for the purpose of launching, hurling or throwing any object, liquid, material or other substance, whether through force of air pressure, spring action or any other mechanism; Weapons such as knives, daggers, swords, sabers or other bladed devices, axes, axe handles, hatchets, billy clubs, ice picks, razor blades, nunchucks or martial arts weapons of any kind, box cutters, pellet or BB guns, improvised explosive devices (IEDs), fireworks, dynamite, conducted electrical weapons (CEWs), including, but not limited to, Tasers or stun guns, metal/composite/wooden knuckles, or any chain greater than twenty (20) inches in length or greater than one-quarter (¼) inch in diameter; Balloons, bottles, spray bottles, or any other container such as water cannons, super-soakers, or toy or replica firearms filled with any flammable, biohazard or other noxious matter which is injurious, or nauseous, sickening or irritating to any of the senses, with intent to throw, drop, pour, disperse, deposit, release, discharge or expose the same in, upon or about any demonstration, rally, protest, picket line or public assembly; Glass bottles or metal containers, whether empty or filled; Open flame torches, lanterns or other devices that utilize combustible materials such as gasoline, kerosene, propane or other fuel sources; Shields made of metal, wood, hard plastic or any combination thereof, including umbrellas; Bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings; and The wearing of a mask, scarf, bandana or any other accessory or item that covers or partially covers the face shielding the wearer's face from view and conceals the wearer's identity, except for coverings worn due to religious beliefs, practices or observances or due to medical necessity.
Any gas masks or similar breathing devices;
Any impact resistant helmet, including, but not limited to: motorcycle helmets, bicycle helmets, sports helmets, or ballistic helmets; Any laser pointing devices;
Any professionally manufactured or personally fabricated equipment or clothing designed to be bullet-resistant, fragment-resistant, stab-resistant, or impact resistant, including, but not limited to: riot control gear, sports equipment, bullet-resistant vests, flak jackets, or stab-resistant vests; and Load-bearing or similar "tactical" vests designed to carry weapons, tactical equipment, or armor plates, commonly used by law enforcement or military institutions.
Section 9.53.030 - Enforcement.
Violations of this Chapter may be prosecuted as misdemeanors or infractions subject to Section 1.01.110.
Unless otherwise specified herein, all administrative citations issued for violations of this chapter shall be subject to the provisions set forth in Chapter 1.17 of this Code, including but not limited to, the administrative hearing and appeal process and the City's authority to use any civil remedy available to collect any unpaid administrative fines When feasible, excluding exigent circumstances, a warning shall be issued before enforcement of the provisions of this chapter. Such warning shall be sufficient if provided orally, by posted signs or by amplified announcement.
Authorized peace officers, or employees, agents or representatives of the City, shall be exempt from the provisions of this chapter when such officers, employees, agents or representatives of the City are engaged in official business of the City.
Nothing in this chapter shall prohibit the imposition of specific conditions for activities expressly authorized under a permit issued pursuant to Riverside Municipal Code Section 2.28.010 et seq. (Special Permits) or prohibit the modification of these provisions for such permits issued pursuant to Section 2.28.010 et seq. upon a finding by the Chief of Police that such modification will not impair or threaten public safety.
Nothing in this section shall prohibit an individual from carrying a cane or using a walker or other device necessary for providing mobility or access so that the person may participate in a public protest, demonstration, rally, picket line or public assembly.
If any part or provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the Chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.
Created: 2024-08-06 15:07:28 [EST]
(Supp. No. 66)
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