A. Purpose. The purpose of this section is to enable the City Manager to establish building security rules for buildings that the City of Berkeley owns or leases for City government business or services. The City Manager’s building security rules will be designed to maintain the safety of City employees and patrons, facilitate the City’s ability to do government business and provide services, and prevent damage to City facilities. The City Manager’s building security rules may apply to all City buildings, as defined in this section, or only to specific City buildings, depending on the security needs at each site.

B. Definitions. "City building" as used in this section means any building that the City of Berkeley owns or leases for the purpose of conducting City government business or providing City services. If only a part of the interior of a building is leased by the City for City government business or services, then "City building" shall apply to only that part of the interior of the building. In addition, if only a part of the interior of a building is leased by the City for City government business or services, then "City building" shall also include the entire exterior curtilage of the building, unless the building owner or occupant authorizes the conduct prohibited by this section on the exterior curtilage.

“Curtilage” as used in this section means the exterior grounds of a building. “Curtilage” shall include the steps and grounds that lie between the outer facade of the building and either (1) the public sidewalk, (2) a formally dedicated public park, or (3) the adjacent private property. Curtilage does not include the public sidewalk or a formally dedicated public park, but rather, ends there.

C. Prohibited Conduct. No person shall violate the City Manager’s building security rules governing any City building. The City Manager’s building security rules shall promote safety for City employees and patrons, facilitate the City’s ability to provide services, and/or help prevent damage to City facilities. The City Manager’s building security rules shall include, but need not be limited to, prohibiting persons from: (1) entering designated areas that are not open to the general public inside of City buildings without permission from a City employee or agent, and (2) remaining inside of or on the curtilage of a City building without a purpose related to either conducting business, accessing services, or contacting an occupant on the premises.

D. Citation. No person shall be arrested or cited under this section unless the person engages in conduct prohibited by this section after having been notified by a City official that they are in violation of the prohibition in this section.

E. Penalty. Notwithstanding the provisions of Section 13.36.100, violation of this section shall be either an infraction or a misdemeanor, in the discretion of the prosecutor, and upon conviction shall be punishable as set forth in Chapter 1.20 of this code. (Ord. 6486-NS § 1, 1999)