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PARR v. MUNICIPAL COURT

Docket No. S.F. 22748.

3 Cal.3d 861 (1971)

479 P.2d 353

92 Cal. Rptr. 153

ANN KESSINGER PARR, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE MONTEREY-CARMEL JUDICIAL DISTRICT OF MONTEREY COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

Supreme Court of California. In Bank.

January 18, 1971.

Attorney(s) appearing for the Case

COUNSEL

Paul N. Halvonik, Francis Heisler, Herbert A. Schwartz and Richard M. Silver for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

William B. Burleigh, City Attorney, for Real Party in Interest and Respondent.

OPINION

MOSK, J.

On July 31, 1968, the City Council of Carmel-by-the-Sea (Carmel) adopted ordinance 697.02 regulating the use of public property. Section (2)(b) of the ordinance declares: "On any public property it shall be unlawful for any person to: ... [(2) (b)] Climb any tree; or walk, stand or sit upon monuments, vases, fountains, railings, fences, planted areas, or upon any other property not designed or customarily used for...

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