[Ord. #44, S3; Ord. #87, S1; Ord. #05-02, S2]
It shall be unlawful for any person to make, continue, allow
or cause to be made or emanate:
a.
Any excessively, unnecessarily, unnaturally or unusually loud noise
or sound from any device which annoys, disturbs, injures or endangers
the comfort, repose, quiet, health, peace or safety of other persons
within the City at any time; or
b.
Any noise or sound from any device (measured as provided in paragraph
c3 of this subsection) in any residential district after 9:00 p.m.,
Sunday through Thursday, or after 10:00 p.m. on Friday or Saturday
or before 7:00 a.m. on any day.
Any act or acts described in paragraphs a or b of this subsection 3-1.1 are hereby declared a public nuisance.
c.
In interpreting and applying this section, the following shall apply:
1.
"Device" shall mean any device, instrument, appliance, apparatus,
equipment, contrivance, object or thing, mechanical, electronic or
other nature, including by way of example, but in no event limited
to, the following:
2.
A device shall be making or emanating noise or sound when it is plainly
audible to a person of normal hearing sensitivity. Noise or sound
shall be "excessively", "unnecessarily," "unnaturally" or unusually"
loud when it is plainly audible to a person of normal hearing sensitivity
at a distance of 25 feet from the source of such noise or sound.
3.
The distance of the source of such noise or sound shall be measured
from the actual source itself except where the source is located on
private property, in which case the distance shall be measured from
the property line.
4.
A person of normal hearing sensitivity for these purposes is a person
who has a hearing threshold level of between zero decibels and 0-25
decibels HL averaged over the frequencies 500, 1,000 and 2,000 hertz.
5.
Prima facie evidence that such noise or sound annoys, disturbs, injures
or endangers the comfort, repose, quiet, health, peace or safety of
other persons is shown by proof of paragraphs c2 or c6 of this subsection,
or a complaint by a person or persons regarding such noise or sound.
6.
Alternative prima facie evidence that such noise or sound annoys,
disturbs, injures or endangers the comfort, repose, quiet, health,
peace or safety of other persons will be if such noise or sound is
made or emanates in a residential district (measured as provided in
paragraph c3 of this subsection) after 9:00 p.m., Sunday through Thursday,
or 10:00 p.m. on Friday or Saturday or before 7:00 a.m. on any day.
d.
The provisions of this section 3-1 shall not apply to:
1.
Construction, repair or remodeling work accomplished pursuant to
a building, electrical, plumbing, mechanical, or other construction
permit issued by the City or other governmental agency, provided such
work takes place between the hours of 7:00 a.m. and 10:00 p.m.
2.
Emergency work.
3.
Activities conducted in public parks, public playgrounds and public
or private school grounds, provided such activities are conducted
under the supervision, auspices, or direction of school employees
or other public employees.
4.
Noise sources associated with work performed by private or public
utilities in the maintenance or modification of its facilities.
5.
Noise sources associated with the collection of waste or garbage.
6.
Any activity to the extent that regulation thereof has been preempted
by state or federal law.
7.
Any legal industrial activity.
8.
Private or public warning or alarm equipment or systems.
[Ord. #44, S3; Ord. #05-02, S2]
The police chief or designee is hereby authorized to enter onto
private premises to give a notice to abate to the person creating,
instituting, starting, working, conducting, maintaining, operating,
making, producing, permitting or continuing any such nuisance, or
responsible therefore, to cause such nuisance to be abated.
[Ord. #05-02, S2]
The first violation of any provision of this section shall be
an infraction punishable as provided in this code. Any subsequent
violation of the provisions of this section by any person within 12
months from a conviction or the forfeiting of bail in connection with
a prior violation of any provisions of this section is a misdemeanor.
Any violation of the provisions of this section shall be deemed to
be a public nuisance.
[Ord. #05-02, S2]
The owner, occupant or other person with a right to control the premises upon which a violation of this section 3-1 occurs, and any person, and the parent(s) or guardian(s) of any minor person, who violates a provision of this section 3-1, are jointly and severally liable for the costs incurred by the City in responding to a violation and enforcing the provisions of this section if the violation occurs subsequently after being warned. Ordinance Number 94-2 regulates the cost recovery and will be used to determine costs.[1]
[Ord. #94-2, S1]
a.
It shall be unlawful for any minor under the age of 18 years, to
loiter, idle, water, stroll, or play in or upon the public street,
parks, playgrounds, or other public grounds, public places and public
buildings, places of amusement and entertainment, vacant lots, or
other unsupervised places between the hours of 10:00 p.m. and daylight
immediately following; provided, however, that the provisions of this
section do not apply when the minor is accompanied by his or her parents,
guardian, or other adult person having the care and custody of the
minor, or when the minor is upon an emergency errand directed by his
or her parent or guardian or other adult person having the care and
custody of the minor, or when the minor is returning directly home
from a meeting, entertainment or recreational activity directed, supervised
or sponsored by the local educational authorities or when the presence
of such minor in said place or places is connected with and required
by some legitimate business, trade, profession or occupation in which
the minor is lawfully engaged.
b.
Any minor under the age of 18 years found in violation of this subsection
shall be immediately apprehended and taken to the proper detention
place or parental pickup station for minors and there detained until
the arrival of the parent, guardian or proper person to care for said
minor.
[Ord. #99, S2; Ord. #94-2, S2]
a.
It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 18 years, to permit or allow such minor to loiter, idle, wander, stroll or play in or upon the public streets, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places, between the hours of 10:00 p.m. and daylight immediately following contrary to the provisions of subsection 3-2.1a.
b.
It shall be unlawful for any parent, guardian or person having a
minor in his or her charge, after receiving notice of the apprehension,
arrest or detention of said minor, to fail or neglect to go in person
or send some suitable person after said minor so detained.
c.
Every parent, guardian or other person having the legal care, custody or control of any person under the age of 18 years who violates subsections 3-2.1, 3-2.4, 3-11, or fails to fulfill the duty imposed by subsections 3-2.4c or 3-2.4d, shall be liable for the expense of a police response and the cost of transporting the minor to a parental pickup station. The terms "expense of a Police Response" and "Parental Pickup Station" shall have the meanings contained in subsection 3-2.4b3.
[Ord. #99, S3 and 5; Ord. #94-2, S2]
Any minor violating the provisions of subsection 3-2.1 shall be guilty of a misdemeanor, and shall be dealt with in accordance with juvenile court law and procedure.
Any parent, guardian or other adult person having the care and custody of a minor violating subsection 3-2.2 shall be guilty of a misdemeanor, and upon conviction thereof shall be liable for the penalty stated in chapter 1, section 1-5.
It is the intention of the City Council that each separate provision
of this section shall be deemed independent of all other provisions
herein.
[Ord. #94-2, S3]
a.
Intent. In enacting this section, the City Council intends to exercise
the authority it has to recover the expense of responding to a loud
or unruly assemblage (see Government Code section 53158). This section
is in addition to the authority granted by Government Code sections
53150-53158.
The City may elect to proceed under either enactment where both
apply.
b.
Definitions. In this section, unless the context otherwise requires:
1.
EXPENSE OF A POLICE RESPONSE – means the costs incurred by
the City in responding directly to a loud or unruly assemblage. It
includes the cost of providing police, firefighting, rescue and emergency
medical services, together with the salaries of the responding police
personnel, damages and clean up to City property, injuries of City
personnel, and transporting minors to a parental pickup station.
2.
LOUD OR UNRULY ASSEMBLAGE – means the presence of two or more
persons who:
(a)
Unlawfully fight;
(b)
Maliciously or willfully disturb another person by loud and
unreasonable noise;
(c)
Use offensive words in a public place which are inherently likely
to provoke an immediate violent reaction;
(d)
Use force or violence, disturb the public peace or threaten
to use force or violence accompanied by the ability to carry it out;
(e)
Assemble and act together to urge a riot or urge others to commit
acts of force or violence;
(f)
Assemble together to do an unlawful act or to do a lawful act
in a violent, boisterous or tumultuous manner; or
3.
PARENTAL PICKUP STATION – means the place where minors arrested
or detained for violations of this title are delivered to the custody
of their parents or guardians.
c.
Liability for City expense incurred in response to loud or unruly
assemblage. A person who owns or is in control of premises and who
knowingly permits a loud or unruly assemblage to occur or from which
a loud or unruly assemblage emanates is liable for the expense of
a police response.
d.
Charge against person liable - Minors. The expense of a police response
is a charge against the person liable for the expense. If the person
liable is a minor, the parents or guardians of the minor are liable.
The charge is a debt and the City may collect the debt in the
same manner as in the case of an obligation under an express or implied
contract.
e.
Limit on liability. The liability under this chapter for the expense
of a police response may not exceed $1,000.
f.
Evidence not admissible in criminal proceedings. The testimony, admission
or statement made by a person in a proceeding to collect the expense
of a police response is not admissible in a criminal proceeding arising
out of the same incident.
[Ord. #234, Ord. #248, S1; Ord. #309, S1; Ord. #04-04, S1]
In addition to and in accordance with the determination made
and the authority granted by the State of California under Section
22660 of the Vehicle Code to remove abandoned, wrecked, dismantled
or inoperative vehicles or parts thereof as public nuisances, the
City Council hereby makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled,
or inoperative vehicles or parts thereof on private or public property
not including highways is hereby found to create a condition tending
to reduce the value of private property, to promote blight and deterioration,
to invite plundering, to create fire hazards, to constitute an attractive
nuisance creating a hazard to the health and safety of minors, to
create a harborage for rodents and insects and to be injurious to
the health, safety and general welfare. Therefore, the presence of
an abandoned, wrecked, dismantled or inoperative vehicle or parts
thereof on private or public property not including highways, except
as expressly hereinafter permitted, is hereby declared to constitute
a public nuisance which may be abated as such in accordance with the
provisions of this section.
[Ord. #309, S1, Ord. #04-04, S1]
As used in this section:
a.
VEHICLE – shall mean a device by which any person or property
may be propelled, moved, or drawn upon a highway, except a device
moved by human power or used exclusively upon stationary rails or
tracks. The term "vehicle" also includes any part or portion of a
vehicle, which is less than a whole vehicle, and all of the provisions
of this Title apply to a part or portion of a vehicle, which is less
than a whole vehicle.
b.
ABANDONED VEHICLE – means any vehicle left on the property
of another without the property owner's permission or any dismantled,
inoperative or wrecked vehicle on private property.
c.
DISMANTLED VEHICLE – is one which is in pieces.
d.
INOPERATIVE VEHICLE – is one that is either mechanically incapable
of being driven on its own power or prohibited from being operated
on a public street or highway pursuant to the provisions of Vehicle
Code sections 4000, 5202, 24002 or 40001, concerning license plates,
registration, equipment, safety and related matters. (Where the owner
or other person in possession of any vehicle described above contends
that such vehicle is inoperative only due to the fact that it is under
repair, proof that missing parts have been ordered within a reasonable
time, or are being repaired, may be accepted by the official as a
basis for withholding further action under the provisions of this
chapter for a reasonable time).
e.
A LOW VALUED VEHICLE – is one which meets all the following
conditions: (1) the vehicle is inoperative due to the absence of a
motor, transmission, or wheel and is incapable of being towed, (2)
is valued at less than $200 by a person specified in Section 22855
of the California Vehicle Code, (3) is determined by the chief of
police to be a public nuisance presenting an immediate threat to public
health or safety, and (4) the property owners have signed a release
authorizing the removal and waiving further interest in the vehicle
or parts thereof.
f.
WRECKED VEHICLE – is one that is destroyed, disabled, seriously
damaged, crushed or ruined.
For the purpose of this chapter, the term "abandoned vehicle"
will be utilized to encompass abandoned, dismantled, inoperative,
or wrecked vehicles and shall be synonymous with each of their terms.
g.
HIGHWAY – shall mean a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of vehicular
travel. Highway includes street.
h.
PUBLIC PROPERTY – does not include "highway".
i.
OWNER OF THE LAND – shall mean the owner of the land on which
the vehicle, or parts thereof, is located, as shown on the last equalized
assessment roll.
j.
OWNER OF THE VEHICLE – means the last registered owner and
legal owner of record.
[Ord. #248, S2; Ord. #309, S2; Ord. 04-04, S1]
This section shall not apply to any vehicle or parts thereof
which is:
a.
Completely enclosed within a building in a lawful manner where it
is not visible from the street or other public or private property.
b.
Stored or parked in a lawful manner on private property in connection
with the business of a licensed dismantler, licensed vehicle dealer,
a junk dealer, or when such storage or parking is necessary to the
operation of a lawfully conducted or commercial enterprise.
c.
Completely enclosed in a lawful manner within a solid fence, wall
or hedge between five and six feet in height on an improved surface,
or otherwise located so as not to be visible from the street or other
public or private property (chain link with slats constitutes a solid
wall).
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of the law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this section.
[Ord. #309, S3; Ord. #04-04, S1]
This section is not the exclusive regulation of abandoned, wrecked,
dismantled or inoperative vehicles within the City. It shall supplement
and be in addition to the other regulatory codes, statutes, and ordinances
theretofore or hereafter enacted by the City, the state, or any other
legal entity or agency having jurisdiction.
[Ord. #309, S4; Ord. #04-04, S1]
Except as otherwise provided herein, the provisions of this
section shall be administered and enforced by the chief of police
or his designee to include the public works director or building/code
enforcement officer. In the enforcement in this section such officer
or his designee may enter upon private or public property to examine
a vehicle or parts thereof, or obtain information as to the identity
of a vehicle and to remove or cause the removal of a vehicle or parts
thereof declared to be a nuisance pursuant to this section.
[Ord. #248, S6; Ord. #309, S5; Ord. #04-04, S1]
a.
The chief of police, authorized officers, employees of the police
department, or other persons authorized by the chief or his authorized
personnel to remove vehicles from private property, may enter any
private or public property in the course of administering or enforcing
this chapter.
b.
Contract to remove. If the City enters into a contract with any person
to remove or cause the removal of vehicles, which have been declared
to be public nuisances pursuant to this chapter, such person may enter
upon private or public property to remove such vehicles.
c.
Any person delaying or obstructing such entry within the meaning
of Penal Code Section 148(a), or otherwise interfering with such persons
in carrying out their duties under this chapter is guilty of a misdemeanor.
[Ord. #309, S6; Ord. #04-04, S1; amended 12-5-2022 by Ord. No. 22-04]
The City Council by resolution shall determine and fix an amount
to be assessed as administrative cost including the actual cost of
removal of any vehicle or parts thereof under this section. Effective
July 1, 2004 the City of Firebaugh will participate with Fresno County
in the Abandoned Vehicle Abatement (AVA) Program and will utilize
the Building Code Special Inspection rate, currently at $47 per hour.
[Ord. #309, S6; Ord. #04-04, S1]
Upon discovering the existence of an abandoned, wrecked, dismantled,
or inoperative vehicle, or parts thereof, on private property or public
property within the City, the chief of police or his designee shall
have the authority to cause the abatement and removal thereof in accordance
with the procedures prescribed herein.
a.
Citation for Violation. In addition to the enforcement proceedings
contained in this section, the chief and/or his designees are hereby
authorized to issue citations to the owner or occupant of the property
upon which the abandoned, dismantled, inoperative, or wrecked vehicle,
or parts thereof, is located. Any person issued a citation for violation
of any provision of this chapter shall appear before the Fresno County
Superior Court.
b.
It shall be unlawful for any person to fail or refuse to remove any
abandoned, dismantled, inoperative, or wrecked vehicle, or parts thereof,
or refuse to abate such nuisances. Violations of this section or any
provision of this chapter, except as otherwise prescribed herein shall
be punished in accordance to the provisions as an infraction.
c.
Voluntary Compliance. If it appears to the official that an abandoned, wrecked, dismantled or inoperative vehicle is located on private or public property, he/she may follow such administrative procedures to secure voluntary removal of such vehicle as appear advisable in each individual case prior to giving notice of intention to abate pursuant to subsection 3-3.9 of this section.
[Ord. #309; Ord. #04-04, S1]
A ten-day notice of intention to abate and remove the vehicle,
or parts thereof, as a public nuisance shall be mailed by certified
or registered mail to the owner of the land and to the owner of the
vehicle, unless the vehicle is in such condition that identification
numbers are not available to determine ownership. The Notice of Intention
shall be in substantially the following forms:
|
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE.
| |
|
(Name and address of owner of the land)
| |
|
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to section 3-3 of the Firebaugh Municipal Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _____, License number _____, which constitutes a public nuisance pursuant to the provisions of section 3-3 of the Firebaugh Municipal Code.
| |
|
You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 days from the
date of mailing of this notice, and upon your failure to do so the
same will be abated and removed by the City and the costs thereof,
together with administrative costs, assessed to you as owner of the
land on which said vehicle (or said parts of a vehicle) is located.
| |
|
As owner of the land on which said vehicle (or said parts of
a vehicle) is located, you are hereby notified that you may, within
10 days after the mailing of this notice of intention, request a public
hearing and if such a request is not received by the Firebaugh City
Clerk within such ten-day period, the Chief of Police or his designee
shall have the authority to abate and remove said vehicle (or said
parts of a vehicle) as a public nuisance and assess the costs as aforesaid
without a public hearing. You may submit a sworn written statement
within such ten-day period denying responsibility for the presence
of said vehicle (or said parts of a vehicle) on said land, with your
reason for denial, and such statement shall be construed as a request
for a hearing at which your presence is not required. You may appear
in person at any hearing requested by you or the owner of the vehicle
or, in lieu thereof, may present a sworn written statement as aforesaid
in time for consideration of such hearing.
| |
|
Notice Mailed
(date)
|
s/
Chief of Police/Designee
|
|
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
| |
|
(Name and address of last registered and/or legal owner of record
of vehicle — notice should be given to both if different)
| |
|
As last registered (and/or legal) owner or record of (description of vehicle-make, model, license, etc.), you are hereby notified that the undersigned pursuant to Section 3-3 of the Firebaugh Municipal Code, has determined that such vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of section 3-3 of the Firebaugh Municipal Code.
| |
|
You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 days from the
date of mailing of this notice.
| |
|
As registered (and/or legal) owner of record of said vehicle
(or said parts of a vehicle), you are hereby notified that you may,
within 10 days after the mailing of this notice of intention, request
a public hearing and if such a request is not received by the Firebaugh
City Clerk within such ten-day period, the chief of police or his
designee shall have the authority to abate and remove said vehicle
(or said parts of a vehicle) without a hearing.
| |
|
Notice mailed/personally served
(date)
|
s/
Chief of Police/Designee
|
[Ord. #248, S3; Ord. #309, S9; Ord. #04-04, S1]
Upon request by the owner of the vehicle or owner of the land
received by the City Clerk within 10 days after the mailing of the
notice of intention to abate and remove, a public hearing shall be
held by the City Council on the question of abatement and removal
of the vehicle or parts thereof as an abandoned, wrecked, dismantled
or inoperative vehicle, and the assessment of the administrative costs
and the cost of removal of the vehicle or parts thereof against the
property on which it is located.
If the owner of the land submits a sworn written statement,
denying responsibility for the presence of the vehicle on his land
within such ten-day period, the statement shall be construed as a
request for a hearing, which does not require his presence. Notice
of the hearing shall be mailed, by registered/certified mail, at least
10 days before the hearing to the owner of the land and the owner
of the vehicle, unless the vehicle is in such condition that identification
numbers are not available to determine ownership. If such a request
for hearing is not received within 10 days after the mailing of the
notice of intention to abate and remove, the City shall have the authority
to abate and remove the vehicle or parts thereof as a public nuisance
without holding a public hearing.
[Ord. #309, S10; Ord. #04-04, S1]
All hearings under this section shall be held before the City
Council, which shall hear all facts and testimony it deems pertinent.
These facts and testimony may include testimony on the condition of
the vehicle or parts thereof and the circumstances concerning its
location on the private property or public property. The City Council
shall not be limited by the technical rules of evidence. The owner
of the land may appear in person at the hearing or present a sworn
written statement in time for consideration at the hearing, and deny
responsibility for the presence of the vehicle on the land, with his
reasons for such denial.
The City Council may impose such conditions and take such other
action as it deems appropriate under the circumstances to carry out
the purpose of this section. It may delay the time for removal of
the vehicle or parts thereof if, in its opinion, the circumstances
justify it. At the conclusion of the public hearing, the City Council
may find that a vehicle or parts thereof has been abandoned, wrecked,
dismantled, or is inoperative on private or public property and order
the same removed from the property as a public nuisance and dispose
of as hereinafter provided and determine the administrative cost and
the cost of removal to be charged against the owner of the land. The
order requiring removal shall include a description of the vehicle
or parts thereof and the correct identification number and license
number of the vehicle, if available at the site.
If it was determined at the hearing that the vehicle was placed
on the land without the consent of the owner of the land and that
he has not subsequently acquiesced in its presence, the City Council
shall not assess the costs of administration or removal of the vehicle
against the property upon which the vehicle is located or otherwise
attempt to collect such costs from such owner of the land.
If the owner of the land submits a sworn written statement denying
responsibility for the presence of the vehicle on his land but does
not appear, or if any interested party makes a written presentation
to the City Council but does not appear, he shall be notified in writing
of the decision. In the event no request for a hearing is timely received,
the chief may proceed to cause the removal of the vehicle.
[Ord. #309, S11; Ord. #04-04, S1]
It shall be unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private or public property not including highways within the City for a period in excess of seven days unless the storage of this vehicle is exempted from the operation of this section by subsection 3-3.2. In the discretion of the prosecutor or the charging officer, the charge may be filed as an infraction instead of a misdemeanor.
[Ord. #309, S12; Ord. #04-04, S1]
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by subsection 3-3.11, or 15 days after such action of the City Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualified for either a horseless carriage license plate or historical vehicle license plates, pursuant to section 5004, in which case the vehicle may be reconstructed or made operable.
a.
Where the chief removes the vehicle, he may do so with his own employees,
contract with one or more dismantlers or enterprises or issue removal
orders on a rotation basis as, in his opinion, is most practical,
efficient and economical.
[Ord. #309, S13; Ord. #04-04, S1]
Within five days after the date of removal of the vehicle or
parts thereof, notice shall be given to the Department of Motor Vehicles
identifying the vehicle or parts hereof removed. At the same time
there shall be transmitted to the Department of Motor Vehicles any
evidence of registration available, including registration certifications,
certificates of title and license plates.
a.
Licensed dismantlers or commercial enterprises acquiring vehicles
removed by the Chief pursuant to this Chapter are excused from recording
requirements of Section 11520 of the Vehicle Code provided that a
copy of the order of the chief authorizing disposition of the vehicle
is retained in the dismantler's or commercial enterprise's records.
b.
Voluntary removal by the owner of the vehicle or property owner or
by a dismantler or commercial enterprise at the request of such owner
shall not require the chief to give notice to the Department of Motor
Vehicles as required in this section, but shall be considered a private
transaction and the parties thereto shall adhere to the provisions
of the Vehicle Code relating thereto.
[Ord. #309, S14; Ord. #04-04, S1]
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to subsection 3-3.11 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such cost shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. This assessment shall have the same priority as other City taxes.
a.
Effective July 2004, the administrative cost will be charged to the
Abandoned Vehicle Abatement (AVA) Program in Fresno County, which
will be overseen by Fresno County AVA Service Authority (joint power
agreement with cities and county). The service authority will calculate
personnel cost for voluntary and towaway abatement that may change
periodically.
[1]
Editor's Note: Prior ordinances codified herein include Ordinance
No. 77.
[Ord. #91-1, S2]
a.
For the purposes of this section 3-4 the terms "hawker," "solicitor," "merchandiser," "salesperson," "peddler," and "vendor" shall mean all persons, both principal and agent, who go from house to house or to one house only, and for value sell or solicit for sale, by sample or otherwise, goods, wares, merchandise, services, magazines, periodicals, or other publications, or subscriptions for the same (regularly published newspapers excepted), for themselves or for firms which do or do not have an established place of business in the City of Firebaugh or who offer to sell or distribute for value to any person any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise, or services.
b.
For the purposes of this section 3-4 the terms "interviewer" and "canvasser" shall mean all persons, both principal and agent, who go from house to house or to one house only, and interview persons, solicit oral or written answers from persons, or canvass persons, neighborhoods, or districts, in order to determine opinions, attitudes, or sentiments for purposes of marketing research, opinion research, attitude research, or the polling or the gathering of information, except that persons engaged in religious, charitable, or government activities shall be excluded from this definition.
[Ord. #91-1, S2]
a.
All hawkers, solicitors, merchandisers, salespersons, peddlers, vendors,
interviewers, and canvassers are hereby required to register with
the Police Department of the City of Firebaugh by submitting two satisfactory
photographs of the applicant together with a signed application, the
supplied information on which shall be declared by the applicant under
penalty of perjury to be true and correct, on an application form
to be provided by the police department, which form shall elicit the
names, aliases, social security number, date of birth, and residence
address of the applicant; the name of the organization, business,
company, concern, establishment, enterprise, firm, institution, or
society, if any, for which the applicant proposes to act; a statement
that the applicant has not been convicted of a felony involving moral
turpitude within five years prior to the time of making application,
is presently not on parole for conviction of a felony involving moral
turpitude, and has not been convicted of any crime involving sexual
matters within 10 years prior to the time of making application.
b.
Any organization, business, company, concern, establishment, enterprise,
firm, institution, or society sponsoring or employing, or utilizing
the services of, any hawker, solicitor, merchandiser, salesperson,
peddler, vendor, interviewer, or canvasser shall, before any such
persons act as such, present to and keep updated with the Police Department
of the City of Firebaugh a list of the names, aliases, residence addresses,
social security numbers, and dates of birth of such persons, together
with the name of the entity itself and its business address and phone
number, the name of its chief executive officer and his or her residence
address and phone number, and written disclosure of the information
described by the provisions of subdivisions (a)(1) through (a)(8)
of section 17510.3 of the California Business and Professions Code.
c.
All hawkers, solicitors, merchandisers, salespersons, peddlers, vendors, interviewers, and canvassers, when operating as such, shall display on the front of their person an identification card issued to them by the police department and shall, in any case, exhibit said identification card on demand of any peace officer, which card shall be of the design and materials chosen and supplied by the person or entity proposing to be permitted but to which card shall be affixed by the police department one of the two submitted photographs, which card further shall set forth the name of the person (and, if applicable, the name of any entity for which he or she operates), the date of issuance of the card, and the expiration date of the registration, which shall be one year after issuance of the identification card, after which expiration registration may be renewed pursuant to the provisions of this subsection 3-4.2.
[Ord. #91-1, S2]
No person shall operate as a hawker, solicitor, merchandiser,
salesperson, peddler, vendor, interviewer, or canvasser within the
City of Firebaugh between the hours of 9:00 p.m. of one day and 8:00
a.m. of the next succeeding day, local time, except by prior appointment.
[Ord. #91-1, S2]
No hawker, solicitor, merchandiser, salesperson, peddler, or
vendor shall hawk, solicit, merchandise, sell, peddle, or vend at
any house where the owner or resident displays a no-solicitation sign
or where the owner or resident has informed a central registry established
by the City and maintained by the police department of the City of
their desire not to be solicited at their house.
No goods, wares, merchandise, services, magazines, periodicals, or other publications, or subscriptions for the same (regularly published newspapers excepted) shall be sold, hawked, solicited for sale, merchandised, peddled, or vended except the owner or resident of the house be (1) given a receipt that shall include the name, address, and phone number of the registered person or the names, addresses, and phone numbers of the registered person and his registered sponsoring or employing entity, as reported pursuant to paragraphs a and b of subsection 3-4.2, and (2) entitled within 24 hours thereafter to rescind the sale or reject the proffered service, upon full exchange of consideration between the parties which shall take place within a reasonable time after rescission, and in no event later than three days thereafter.
[Ord. #273, S1]
No person shall raise or display any flag, banner, standard,
device, emblem or other except the flag of the United States of America
or the official Bear Flag of the State of California upon or from
any flag pole or staff located upon any public grounds or within any
public buildings belonging to or in the possession of the United States
of America; the State of California, the County of Fresno, the City
of Firebaugh, the Firebaugh school district, or any other public district
or agency, which flag pole or staff is designed and intended by the
officials of such public district or agency for the display of the
flag of the United States of America or the official Bear Flag of
the State of California.
[Ord. #273, S2]
There shall be an exception to the rule laid down in subsection 3-5.1 for any ceremonial occasion when the flag or other colors of a friendly foreign power, the United Nations, any other state of the United States, or official flag or colors of any military organization of the United States of America or the State of California, are displayed with the authorization of the public agency owning or in possession of the flag pole or staff involved.
[Ord. #284, S1]
It shall be unlawful to have, keep, maintain or hold out to
the public any pinball machine or coin operated amusement device or
machine within the City except for jukeboxes, shuffleboard games or
pool tables and except for coin operated pinball, amusement devices
or machines maintained in business premises such that State Law or
City ordinance prohibits the entry of minors into such premises unless
accompanied by one of the parents or guardian of the minor.
[HISTORY: Card rooms were originally licensed by Ordinance
#216, adopted on November 10, 1964 and further amended until repealed
by Ordinance #286.]
[Ord. #286, S2]
It shall be unlawful for any person, directly or indirectly,
acting as or through an agent or in any other way, to engage in, carry
on, maintain or conduct any card room in the City.
[Ord. #286, S2]
It shall be unlawful for any person to deal, play, carry on,
open, or cause to be opened or conducted, either as owner or employee,
whether for hire or not, any game of draw poker, including lowball
poker.
[Ord. #286, S5]
Bona fide and nonprofit clubs, societies or organizations for
fraternal, labor, charitable or other purposes being organizations
that are exempt from income tax under the California Franchise Tax
Law, are exempt from the operation of this section; provided that
all card games and tables under such organizations are for the exclusive
use of members and their guests, that no charge is made for any of
the facilities and no rake off is taken, and that no person who is
a minor or who is in a state of intoxication shall be permitted to
play in any card game.
[Ord. #286, S6]
[Ord. #339, S1; Ord. #92-5, S1; Ord. #11-01]
a.
No
person shall drink any beer, wine or other intoxicating or alcoholic
beverage on or within any street, sidewalk, alley, highway, playground,
park or in any vacant or public parking lot within the City.
b.
No
person shall possess, have, or be in control of any open container
of beer, wine or other intoxicating or alcoholic beverage on or within
any street, sidewalk, alley, highway, playground, park or in any vacant
or public parking lot within the City.
c.
No
person or entity shall possess, sell, cause to be sold, trade, barter,
exchange, donate or otherwise give to any other person any beer, wine
or other intoxicating or alcoholic beverage on or within any park
within the City.
d.
Paragraphs
a, b and c of this section shall not be deemed to make punishable
any act or acts which are prohibited by any statute of the State of
California.
e.
Any
person or entity violating any of the provisions of this section shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine in a sum not exceeding $500 or by imprisonment
in the county jail for a period not exceeding six months or by both
such fine and imprisonment.
f.
Notwithstanding paragraph a, b, or c of this section: (1) the City Council may authorize the consumption of beer or wine, or both, during a community event, as defined in paragraph b of section 19-5, of limited duration held in a park owned and operated by the City and (2) the City Clerk or police chief may authorize the consumption of beer or wine, or both, for special activities, as defined in section 19-3, held in the enclosed area and the Andrew C. Firebaugh Historical Park. In connection with the granting of any such authorization, the City Council, City manager, public works director or chief of police may impose such reasonable conditions as deemed appropriate in each instance.
[Ord. #88-3, S1]
It is the purpose of this section to authorize the playing of
the game of chance generally known as "bingo" subject to and pursuant
to the restrictions contained in Article IV, Section 19c of the Constitution
of the State of California and Section 326.5 of the Penal Code of
the State of California. Definitions, conditions and restrictions
set forth in this section are intended to comply with and implement
the Constitutional and Penal Code provisions. To the extent that any
provision of this section is substantially the same as that contained
in Section 326.5 of the Penal Code and violation thereof be deemed
a violation of the Penal Code and punishable thereunder, such provisions
of this section shall be deemed explanatory only.
[Ord. #88-3, S1; Ord. #00-11, S1]
For the purpose of this chapter the following words shall have
the following meanings:
Shall mean a game of chance in which prizes are awarded on
the basis of designated numbers or symbols on a card which conform
to numbers or symbols selected at random.
Shall mean any organized religious group of any denomination
with an organized governing body, ministry, membership and a fixed
place of worship at which regular meetings of religious services are
held.
Shall mean the license Clerk of the City of Firebaugh.
Shall mean any church or other nonprofit charitable organization
exempted from the payment of bank and corporation taxes by sections
23701a, 23701b, 23701c, 23701d, 23701f, 23701g, or 237011 of the Revenue
and Taxation Code and to which a contribution or gift would be deductible
under section 170 of the Internal Revenue Code of 1986. For the purposes
of this section only, nonprofit charitable organization includes mobile
home park associations and senior citizens organizations.
[Ord. #88-3, S1]
A nonprofit charitable organization having in effect a license
therefor from the license Clerk pursuant to the provisions of this
section may conduct a bingo game for charitable purposes subject to
all conditions and restrictions contained in section 326.5 of the
Penal Code of the State of California and this section.
[Ord. #88-3, S1; Ord. #00-11, S1]
A nonprofit charitable organization may apply to the license Clerk for a license to conduct a bingo game. The application shall be upon forms provided therefor by the license Clerk and shall be accompanied by a fee as established by resolution of the City Council of the City of Firebaugh. An additional fee of 1% of the monthly gross receipts more than $5,000 derived from bingo games shall be collected by the license Clerk. If the applicant is a church, it shall provide proof to the satisfaction of the license Clerk that it comes within the definition of a church as defined in subsection 3-9.2. If the applicant is other than a church, mobile home park association, or senior citizens organization, it shall attach to the application a letter from the Internal Revenue Service stating that it is a charitable organization to which a contribution or gift would be deductible under section 170 of the Internal Revenue Code of 1986.
[Ord. #88-3, S1]
The application for a license for conducting bingo games shall
contain the following:
a.
The name of the organization together with the names, signatures
and addresses of all the officers of the organization and that the
applicant is an eligible organization pursuant to the provisions of
this section;
b.
The address of the premises where the bingo game is proposed to be
conducted;
c.
A statement of the ownership, or lessor and lessee of the premises;
d.
Principal purpose for which the premises are used by the organization
together with the length of time for which the premises have been
so used;
e.
Name and address of the person responsible for the operation of the
bingo game and those persons assisting therein;
f.
Days and hours of proposed operation of bingo games;
g.
Such further information as may be required by the license Clerk.
Said application shall be signed by the principal officer of
the applicant under penalty of perjury.
[Ord. #88-3, S1]
The filing of an application for a license shall be deemed a
consent by the applicant for the police department, sheriff, or other
person designated by the City, to make an investigation to determine
if all the statements on the application are true and to investigate
the officers of the applicant and the persons who will be responsible
for the operation of the bingo game and those persons assisting therein
as to any criminal record which they may have and to disclose the
same to the license Clerk and the City Council upon an appropriate
hearing. The application shall also be deemed consent for the county
health officer, the fire official and the City engineer to inspect
said premises and report thereon.
[Ord. #88-3, S1]
Immediately upon receipt of a proper application, the license
Clerk shall furnish copies thereof to the City administrator, the
health officer of the County, the City engineer and the fire official
having jurisdiction over the site of the premises, each of which shall
make an investigation as specified in this section and report back
to the license Clerk within 10 days after the receipt of such application
with a recommendation thereon.
[Ord. #88-3, S1]
On the City's request, the police department or the sheriff
shall obtain the criminal history information, if any, of the principal
officers of the organization operating the bingo game and each person
operating or assisting in the operation of the game. In the event
that any such person is found to have been convicted within the last
five years of crimes involving lotteries, gambling, larceny, perjury,
bribery, extortion, fraud or similar crimes involving moral turpitude
or during such period has been in any way connected with illegal gambling,
he shall recommend against the issuance of a license, otherwise he
shall recommend its issuance.
[Ord. #88-3, S1]
The health officer shall examine the premises for the sufficiency
of sanitary facilities to serve the maximum number of persons which
may be reasonably expected to be present at any one time during the
operation of the bingo game and for conditions which might endanger
the public health, safety and well-being. In the event he finds such
sanitary facilities to be inadequate or other conditions to exist
which might endanger the public health, safety and well-being, he
may in his discretion recommend against the issuance of the license
or recommend such conditions be attached thereto as in his opinion
will adequately safeguard the public health, safety and well-being.
[Ord. #88-3, S1]
The City engineer shall investigate the premises and surroundings
for the safety of the structure, adequacy of parking facilities and
any other condition which in the opinion of the City engineer might
endanger the public health, safety and well-being or constitute a
nuisance, and the City engineer may in his discretion based thereon
recommend denial of the license or the attachment thereto of such
conditions as will in his opinion adequately protect the public health,
safety and well-being and preclude the existence of a nuisance.
[Ord. #88-3, S1]
The fire official having jurisdiction over the site shall investigate
the premises for fire hazards and shall recommend the maximum number
of persons who may be present in the premises during the conduct of
bingo games. In the event he finds any condition to exist which might
endanger the public health, safety and well-being from the standpoint
of fire danger he may recommend against the issuance of the license
or the attachment thereto of such conditions as will in his opinion
adequately safeguard the public health, safety and well-being.
[Ord. #88-3, S1]
In the event the City administrator, police department, sheriff,
health officer, City engineer or fire official recommend against the
issuance of the license, the license Clerk shall refuse to issue the
license and shall retain the applicant's fee.
[Ord. #88-3, S1]
In the event the license Clerk refuses to issue such license
or attaches conditions thereto recommended by the City administrator,
police department sheriff, the health officer, City engineer or fire
official, the applicant, may within 10 days after the notice is given
of such refusal or such conditions, appeal the same to the City Council
who shall hold a hearing thereon and whose decision shall be final.
The council may attach additional conditions to the license found
by it to be necessary to protect the public health, safety and well-being.
[Ord. #88-3, S1]
In the event the license Clerk does not receive a recommendation
against the issuance of the license, he shall issue the same for a
period of one year, which said license shall contain the following
information:
a.
The name and nature of the organization to whom the license is issued;
b.
The address where the bingo games are authorized to be conducted;
c.
The maximum occupancy of the room in which the bingo games are to
be conducted;
d.
The date of expiration of the license;
e.
The days and hours during which bingo may be conducted;
f.
Such conditions as may have been recommended by the City administrator,
police department, sheriff, health officer, City engineer or fire
official.
[Ord. #88-3, S1]
A licensee shall keep the license posted in a conspicuous place
within the room in which bingo is being played during the conduct
of any such game. The licensee shall produce and exhibit the same
whenever requested to do so by any peace officer, health officer,
City engineer, fire official, or City official.
[Ord. #88-3, S1]
It is unlawful for any bingo game to be operated in violation
of any of the following conditions:
a.
No minors shall be allowed to participate in any bingo game;
b.
All bingo games shall be open to the public, not just to the members
of the nonprofit charitable organization;
c.
No person shall be allowed to participate in a bingo game, unless
the person is physically present at the time and place in which the
bingo game is being conducted;
d.
The total value of prizes awarded during the conducting of any bingo
games shall not exceed $250 in cash or kind, or both, for each separate
game which is held:
e.
Attendance at any bingo game shall be limited to the occupancy capacity
of the room as set forth in the license;
f.
No license shall issue chips or money to a patron on credit or a
loan, including but not limited to IOU's and checks to be held, nor
shall patrons be allowed to pay on credit;
g.
No person who is obviously intoxicated shall be allowed to participate
in a bingo game;
h.
No licensee shall conduct any bingo game more than six hours out
of any twenty-four-hour period and no bingo game shall be conducted
except between the hours of 12:00 noon and 12:00 midnight;
i.
Any condition attached to the license;
j.
The licensee shall post and keep posted in a conspicuous place within
the room in which bingo is being played the rules and regulations
of said game;
k.
Conduct any bingo game after the license therefor has expired or
during any period which it is suspended.
[Ord. #88-3, S1]
Any bingo game shall be operated and staffed only by members
of the licensee organization. Such members shall not receive a profit,
wage, or salary from any bingo game except that security personnel
employed by the licensee may be paid from revenues of the bingo games.
Only the licensed organization shall operate such game or participate
in the promotion, advertising, supervision, or other phase of the
game, and no wage, salary or other payment may be made on account
thereof from funds received from such games.
[Ord. #88-3, S1]
All equipment used by the licensee in conducting the bingo game
or any way related thereto shall be owned outright by the licensee
and no rent, license fee, installment payment or purchase price shall
be paid directly or indirectly from the proceeds of the bingo game.
[Ord. #88-3, S1]
No individual, corporation, partnership or other legal entity
except the licensee authorized to conduct the bingo game shall have
or hold a financial interest in the conduct of such bingo game or
the proceeds therefrom.
[Ord. #88-3, S1]
a.
All profits derived from a bingo game shall be kept in a separate
fund or account and shall not be commingled with any other fund or
account.
b.
All proceeds from bingo games shall be used only for charitable purposes
except as otherwise permitted by Penal Code Section 326.5(k).
[Ord. #88-3, S1]
Each licensee conducting a bingo game shall maintain detailed
records of all profits, expenditures, prizes and other expenses relating
to the operation of the bingo game. Such records shall be retained
for a period of three years and as long thereafter as may be required
by any state or federal law. Such records, including related bank
accounts, shall be open for inspection at any time by the sheriff,
license Clerk or any state or federal official in the performance
of his duties.
[Ord. #88-3, S1]
Any change during the license period in the organization of
the licensee, its principal officers, the staff operating or assisting
in the operation of the bingo game, or the condition of the premises
shall be immediately reported to the license Clerk who shall refer
such changes to the appropriate official who shall make an investigation
thereof and, if he deems appropriate, recommend the suspension and
revocation of the license or the imposition of additional conditions
thereto, which suspension, revocation, or additional conditions, shall
be appealable to the City Council as in the instance of an original
application.
[Ord. #88-3, S1]
Within 15 days after the last day of each quarter during the
license period the licensee shall file a report, under penalty of
perjury, on a form provided by the license Clerk containing the following
information:
a.
Any changes in or additions to the information required in the application;
b.
The total amount of money received from the operations of bingo games
during each of the previous three months;
c.
The total amount paid out in prizes;
d.
Detailed costs to the licensee of the operation of the bingo games;
e.
All disbursements from the special fund required by this section.
[Ord. #88-3, S1]
Any license granted under this section shall not be transferable
either as to the licensee or the location. Any attempt to transfer
shall render the license invalid.
[Ord. #88-3, S1]
Any license issued under this section shall be immediately suspended
by the license Clerk upon the recommendation of either the police
department or sheriff, the health officer, the director of public
works or the fire official, which recommendation must be based upon
either violation of this section by the licensee or the discovery
of some condition which would have caused a recommendation to have
been made against the issuance of the license. Such suspension shall
result in the automatic revocation of the license 15 days after the
notice thereof unless within 10 days after the receipt of such notice
the licensee appeals the suspension and revocation to the City Council.
In the event of such appeal, the City Council shall hold a public
hearing thereon and its decision shall be final. The suspension shall
remain in effect pending decision by the council.
[Ord. #88-3, S1]
A licensee desiring to continue the conduct of a bingo game
shall at least 30 days before the expiration of the license make application
to the license Clerk for a renewal. The application for renewal shall
be accompanied by the fee, proofs and be processed in all respects
as an original application.
[Ord. #92-7, S1]
No person shall urinate or defecate except into a commode or
similar fixture designed for the purpose and connected to the City
sewer system, or into a private sewer system installed and operated
in accordance with this code, or into a portable or temporary toilet
conforming to the requirements of state law.
[Ord. #93-6, S1; Ord. #93-9]
a.
Section 53069.3 of the California Government Code authorizes cities
and counties to provide for the removal of graffiti and other inscribed
material from public and privately owned permanent structures located
on public or privately owned real property within such City or county.
The Firebaugh City Council finds that graffiti on public and privately
owned property is obnoxious in that it furthers blight, encourages
acts of vandalism, and depreciates the value of surrounding properties.
b.
The council further finds and determines that unless graffiti is
quickly removed, other properties soon become the target of graffiti.
The existence of graffiti tends to begin community discontent and
contempt for the law. The defacement of property with graffiti is
most often committed by persons under the age of 18 years using aerosol
or pressurized containers and indelible markers and pens.
[Ord. #93-6, S1; Ord. #93-9]
As used in this section:
a.
GRAFFITI OR OTHER INSCRIPTION – shall mean any inscription,
word, figure or design that is indelibly marked, etched, scratched,
drawn or painted into or on any component of any building, structure
or other facility, regardless of the nature of the material of that
component, structure, or facility.
b.
INDELIBLE MARKER – shall mean any marker, pen or similar implement
with a tip exceeding four millimeters in width and containing anything
other than a solution which can be removed with water after it dries.
c.
RESPONSIBLE ADULT – shall mean the parent or legal guardian
of a minor under the age of 18 years.
[Ord. #93-6, S1; Ord. #93-9]
a.
It shall be unlawful for any person to apply graffiti or other inscription
upon any wall, street, sidewalk, bridge, building, fence, gate, structure,
signs, or other facility within the City of Firebaugh (the City).
b.
Persons convicted of violating this section, in addition to any other
penalties imposed by this code, shall pay restitution to the property
owner. If the violator is a minor, the parent or guardian shall be
responsible for the payment of restitution.
[Ord. #93-6, S1; Ord. #93-9]
No person shall sell, offer to sell, cause to be sold, give
or lend any indelible marker to any minor under the age of 18 years
not accompanied by a responsible adult.
[Ord. #93-6, S1; Ord. #93-9]
It shall be unlawful for any minor under the age of 18 years,
not accompanied by a responsible adult, to possess an aerosol or pressurized
container of paint or an indelible marker.
[Ord. #93-6, S1; Ord. #93-9]
Persons engaged in the retail sale of aerosol or pressurized
containers of paint and/or indelible markers shall display, at the
location of retail sale, a sign clearly visible and legible to employees
and customers reading: "It is unlawful for any person to sell, lend
or give to any minor under the age of 18 years, not accompanied by
a responsible adult, an aerosol or pressurized container of paint
or an indelible marker."
[Ord. #93-6, S1; Ord. #93-9]
a.
General. Any person applying graffiti within the City shall have
the duty to remove such graffiti within 24 hours after notice by the
City to the owner of the property to remove the graffiti. Failure
to remove the graffiti shall constitute an additional violation of
this section.
b.
Parental Responsibility. Where graffiti is applied by minors, the
parent or guardian of the minor shall be responsible for removal of
the graffiti and payment of the cost of such removal.
c.
Public Property. Graffiti on property owned by the City shall be
removed as soon as practicable. The City may remove or cause graffiti
to be removed from public property owned by an entity other than the
City, only after securing the consent of the public entity which has
jurisdiction of the structure.
d.
Private Property. It is the duty of every property owner to remove
graffiti promptly from their property. Where graffiti is placed on
private property open to view from a public right-of-way or sidewalk,
the City may cause written notice to be served upon the owner requesting
removal of the graffiti. The City may, at City expense, remove or
obscure graffiti from private property only after securing the consent
of the owner.
[Ord. #93-6, S1; Ord. #93-9]
The City may pay to any person who provides information which
leads to the arrest and conviction of a person who applied graffiti
in the City, a monetary reward as established by council resolution.
[Ord. #06-07, S11; amended 5-20-2019 by Ord. No. 19-02]
For the purposes of this article, the following definitions
shall govern unless the context clearly requires otherwise:
Any unenclosed area of property, publicly or privately owned,
that abuts a multiunit residence, but does not include property containing
detached single-family homes.
The same as defined in Health and Safety Code Section 11018,
as all parts of the plant Cannabis sativa L., whether growing or not;
the seeds thereof; the resin extracted from any part of the plant;
and every compound, manufacture, salt, derivative, mixture, or preparation
of the plant, its seeds or resin. It does not include either of the
following:
Property owned by the City of Firebaugh, whether indoors
or outdoors, including but not limited to, City-owned buildings, parks,
playgrounds, plazas, streets, and sidewalks.
Every enclosed area and every unenclosed area in a multiunit
residence that residents of more than one unit are entitled to enter
or use, including, without limitation, halls, pathways, lobbies, courtyards,
elevators, stairs, community rooms, playgrounds, gym facilities, swimming
pools, parking garages, parking lots, grassy or landscaped areas,
restrooms, laundry rooms, cooking areas, and eating areas.
An electronic device that can be used to deliver an inhaled
dose of nicotine or other substances, including any component, part,
or accessory of such a device, whether sold separately. "Electronic
smoking device" includes any such device, whether manufactured, distributed,
marketed, or sold as an electronic cigarette, an electronic cigar,
an electronic cigarillo, an electronic pipe, an electronic hookah,
or any other product name or descriptor that serves the same purpose.
An area in which outside air cannot circulate freely to all
parts, including an area that has:
A unit that is not a new unit.
Any person or agent of a person who owns, manages, or is
otherwise legally responsible for a unit in a multiunit residence
that is leased to a residential tenant, except that "landlord" does
not include a tenant who sublets a unit (e.g., a sublessor).
Property containing two or more units, including, but not
limited to, duplexes, apartment buildings, condominium complexes,
senior and assisted living facilities, and long-term healthcare facilities.
"Multiunit residence" does not include the following:
A hotel or motel that meets the requirements of California Civil
Code Section 1940, subdivision (b)(2);
A mobile home park;
A campground;
A marina or port;
A single-family home, except if used as a child-care or healthcare
facility subject to licensing requirements; or
A single-family home with a detached or attached in-law or second unit permitted pursuant to California Government Code Sections 65852.1, 65852.2 or Chapter 25, of the City's Zoning Ordinance, except if the single-family home or in-law/second unit is used as a child-care or healthcare facility subject to licensing requirements.
A unit that is issued a certificate of occupancy after July
1, 2019.
To give a tobacco product to a member of the general public
or a consumer at no cost or at nominal cost; or to give proxies for
tobacco products such as coupons, coupon offers, or rebate offers
for a tobacco product to a member of the general public or a consumer
at no cost or at nominal cost. Distribution of tobacco products, coupons,
coupon offers, or rebate offers in connection with the full value
bona fide sale of a tobacco product shall not constitute "non-sale
distribution."
Any enclosed area or unenclosed area in which smoking is
prohibited by:
Any natural person, partnership, cooperative association,
private corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
The gases, particles, or vapors released into the air as
a result of combustion, electrical ignition, or vaporization when
the apparent or usual purpose of the combustion, electrical ignition,
or vaporization is human inhalation of the byproducts, except when
the combusting or vaporizing material contains no tobacco or nicotine
and the purpose of inhalation is solely olfactory, such as, for example,
smoke from incense. The term "smoke" includes, but is not limited
to, tobacco smoke, electronic smoking device vapors, cannabis smoke,
and smoke released into the air by combustion, electrical ignition,
or vaporization of any illegal drugs.
A multiunit residence that complies with the requirements
of this article as of July 1, 2019.
Inhaling, exhaling, burning, or carrying any lighted, heated,
or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking
device, or any plant product intended for human inhalation.
Any item designed or marketed for the consumption, use, or
preparation of tobacco products.
1) any product containing, made or derived from tobacco or
nicotine that is intended for human consumption, whether smoked, heated,
chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested
by any other means, including, but not limited to, cigarettes, cigars,
little cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco,
dipping tobacco, bidis, or any other preparation of tobacco; 2) any
product or formulation of matter containing biologically active amounts
of nicotine that is manufactured, sold, offered for sale, or otherwise
distributed with the expectation that the product or matter will be
introduced into the human body; and 3) any electronic device that
delivers nicotine or other substances to the person inhaling from
the device, including, but not limited to, an electronic cigarette,
electronic cigar, electronic pipe, or electronic hookah. "Tobacco
product" does not include any product specifically approved by the
United States Food and Drug Administration for sale as a tobacco cessation
product or for other therapeutic purposes where such product is marketed
and sold solely for such an approved purpose.
Any area that is not an enclosed area.
A personal dwelling space, even where lacking cooking facilities
or private plumbing facilities, and includes any associated exclusive-use
enclosed area or unenclosed area, such as, for example, a private
balcony, porch, deck, or patio. "Unit" includes, without limitation,
an apartment; a condominium; a townhouse; a room in a senior facility;
a room in a long-term health care facility, assisted living facility,
or hospital; a room in a hotel or motel; a dormitory room; a room
in a single-room-occupancy (SRO) facility; a room in a homeless shelter;
a mobile home; a camper vehicle or tent; a single-family home; and
an in-law or second unit. "Unit" includes, without limitation, a new
unit.
[1]
Editor's Note: See Health and Safety Code § 11018.5.
[Amended 6-7-2021 by Ord. No. 21-03]
a.
No person shall smoke or use a tobacco product on City property,
including but not limited to: City parks, playgrounds, plazas, recreational
areas and facilities, public restrooms, parking garages, within 25
feet of any bus stop, or on any public street or sidewalk within school
25 feet of any K-12 school property.
b.
Smoking is otherwise permitted on City-owned streets open to normal
traffic and on adjacent sidewalks. When City-owned streets and adjacent
sidewalks are used for events including, but not limited to, a farmers'
market or parade, smoking and tobacco product use is prohibited on
such streets and sidewalks during the event, including set-up and
tear-down.
c.
"No smoking" signs, with letters of no less than one inch in height
or the international "No smoking" symbol (consisting of a pictorial
representation of a burning cigarette enclosed in a red circle with
a red bar across it) shall be clearly, sufficiently and conspicuously
posted by the City Manager or his or her designee on City property
where smoking and tobacco products are prohibited by this chapter.
Signage must include the City phone number where complaints can be
directed. Notwithstanding this provision, the presence or absence
of signs shall not be a defense to the violation of any provision
of this Article 3-12.
d.
No person shall dispose of smoking waste or tobacco-product waste
on City property on which smoking or tobacco product use is prohibited,
except in a designated waste disposal container.
e.
Consistent with Health and Safety Code Section 11362.3, Subdivisions
(a)(1) and (2), no person shall smoke or ingest cannabis in any public
place within the City nor shall they smoke cannabis anywhere smoking
tobacco is prohibited.
a.
The provisions of this article are restrictive only and establish
no new rights for a person who engages in smoking. Notwithstanding
1) any provision of this article or of this Code, 2) any failure by
any person to restrict smoking under this article, or 3) any explicit
or implicit provision of this Code that allows smoking in any place,
nothing in this Code shall be interpreted to limit any person's legal
rights under other laws with regard to smoking, including, for example,
rights in nuisance, trespass, property damage, personal injury or
other legal or equitable principles.
b.
Nonconsensual exposure to smoke occurring on or drifting into residential
property is a nuisance, and the uninvited presence of smoke on residential
property is a nuisance and a trespass.
a.
Smoking is prohibited in all units in a multiunit residence, including
any associated exclusive-use enclosed areas or unenclosed areas, such
as, for example, a private balcony, porch, deck, or patio. Smoking
in any unit in a multiunit residence, on or after July 1, 2019, is
a violation of this article.
b.
No smoking shall be permitted in common areas of multiunit residences
except in designated smoking areas.
1.
Smoking in a common area on or after July 1, 2019, other than in
a designated smoking area established pursuant to paragraph 2 below,
is a violation of this article.
2.
A person with legal control over a common area, such as, for example, a landlord or homeowners' association, may designate a portion of the common area as a smoking area provided the designated smoking area complies with Subsection b3 below at all times.
3.
A designated smoking area:
(a)
Must be an unenclosed area;
(b)
Must be at least 25 feet from unenclosed areas primarily used
by children and unenclosed areas with improvements that facilitate
physical activity, including, for example, playgrounds, tennis courts,
swimming pools, and school campuses;
(c)
Must be located at least 25 feet from any nonsmoking area. The location of nonsmoking areas may change due to the new enactment of a law, execution of an agreement, or other event that affects the area's smoking designation. If an event occurs that changes a nonsmoking area, a person with legal control over a designated smoking area within less than 25 feet of that nonsmoking area must modify, relocate, or eliminate that designated smoking area so as to maintain compliance with the requirements of Subsection b3(b) above. In the case of a nonsmoking area on a neighboring property established only by private agreement or designation and not by this article or other law, it shall not be a violation of this article for a person with legal control to designate a smoking area within 25 feet of the nonsmoking area unless they have actual knowledge of, or a reasonable person would know of, the private agreement or designation. It shall not be a violation of this article for a person to smoke within a nonsmoking area if the area is erroneously designated as a smoking area unless a reasonable person would know of the error;
(d)
Must be no more than 10% of the total unenclosed area of the
multiunit residence for which it is designated;
(e)
Must have a clearly marked perimeter;
(f)
Must be identified by conspicuous signs; and
(g)
Must not overlap any enclosed or unenclosed area where smoking
is prohibited by this article or other law.
4.
No person with legal control over a common area in which smoking
is prohibited by this article or other law shall knowingly permit
the presence of ash trays, ash cans, or other receptacles designed
for, or primarily used for, disposal of smoking waste within a common
area in which smoking is prohibited by this article or other law.
c.
Nonsmoking buffer zones. Smoking is prohibited in adjacent unenclosed
property within 25 feet in any direction of any doorway, window, opening,
or other vent into an enclosed area in a multiunit residence.
d.
No person with legal control over any nonsmoking area shall permit
smoking in the nonsmoking area.
a.
Every lease or other rental agreement for the occupancy of a unit in a multiunit residence, entered into, renewed, or continued month-to-month after July 1, 2019, shall include the provisions set forth in Subsection b below on the earliest possible date when such an amendment is allowable by law with the minimum legal notice.
b.
Every lease or other rental agreement for the occupancy of a new
unit in a multiunit residence entered into, or in the case of an existing
unit, entered into, amended, renewed or continued month-to-month,
after July 1, 2019, shall include the following provisions:
1.
A clause providing that smoking is prohibited in the new unit, including
exclusive-use areas such as balconies, porches, or patios, and in
any common area other than a designated smoking area; and
2.
A clause expressly conveying third-party-beneficiary status to all
occupants of the multiunit residence solely against the violator(s)
of the smoking provisions of the lease or other rental agreement.
c.
Regardless of whether a landlord complies with Subsection b above, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which paragraph applies and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to Subsection b.
d.
A tenant who breaches a smoking provision of a lease or other rental
agreement for the occupancy of a unit in a multiunit residence, or
who knowingly permits any other person subject to the control of the
tenant or present by invitation or permission of the tenant, shall
be liable for the breach to 1) the landlord and 2) any occupant of
the multiunit residence who is exposed to smoke or who suffers damages
as a result of the breach.
e.
This article shall not create additional liability for a landlord
to any person for a tenant's breach of any smoking provision in a
lease or other rental agreement for the occupancy of a unit in a multiunit
residence if the landlord has fully complied with this article.
f.
Failure to enforce any smoking provision required by this article
shall not affect the right to enforce such provision in the future,
nor shall a waiver of any breach constitute a waiver of any subsequent
breach or a waiver of the provision itself.
a.
Rental units: As of July 1, 2019, every landlord of a unit in a multiunit
residence shall provide existing and prospective tenants with written
notice clearly stating:
1.
Smoking is prohibited in all units, including any associated exclusive-use
enclosed area or unenclosed area, such as, for example, a private
balcony, porch, deck, or patio, as of July 1, 2019; and
2.
Smoking is prohibited in all common areas, except for specifically
designated smoking areas, as of July 1, 2019.
b.
Unit sales: As of July 1, 2019, every seller of a unit in a multiunit
residence shall provide prospective buyers with written notice clearly
stating:
1.
All units are designated nonsmoking units and smoking shall be illegal
in all units, including any associated exclusive-use enclosed area
or unenclosed area, such as, for example, a private balcony, porch,
deck, or patio, as of July 1, 2019; and
2.
Smoking in all common areas, except for specifically designated smoking
areas, will be a violation of this article as of July 1, 2019.
d.
Clear and unambiguous "No smoking" signs shall be posted in sufficient
numbers and locations in common areas where smoking is prohibited
by this article or other law. In addition, signs shall be posted in
sufficient numbers and locations in the multiunit residence to indicate
that smoking is prohibited in all units. Such signs shall be maintained
by the person or persons with legal control over the common areas.
The absence of signs shall not be a defense to a violation of any
provision of this article. "No smoking" signs are not required inside
or on doorways of units.
California Health and Safety Code Sections 11362.3(a)(2) and
11362.79(a), as may be amended or renumbered from time to time, prohibit
smoking cannabis wherever smoking tobacco is prohibited. The prohibitions
on smoking in multiunit residences found in this article expressly
apply to the smoking of cannabis.
The remedies provided by this article are cumulative and in
addition to any other remedies available at law or in equity.
a.
Violations of this article are subject to a civil action brought
by the District Attorney or the City Attorney, and are punishable
by:
1.
A fine of not less than $100 and not exceeding $250 for a first violation
in any sixty-month period; or
2.
A fine of not less than $250 and not exceeding $500 for a second
violation in any sixty-month period; or
3.
A fine of not less than $500 and not exceeding $1,000 for a third
or subsequent violation in any sixty-month period.
b.
Violations of any provision of this article are infractions. Enforcement
of the penal provision of this article shall be implemented by the
City Manager or his designee. Any peace officer or code enforcement
officials also may enforce this article.
c.
No person shall intimidate, harass, or otherwise retaliate against
any person who seeks to attain compliance with this article. Moreover,
no person shall intentionally or recklessly expose another person
to secondhand smoke in response to that person's effort to achieve
compliance with this section. A violation of this section constitutes
a misdemeanor.
d.
Causing, permitting, aiding, abetting, or concealing a violation
of any provision of this article shall constitute an infraction.
e.
A violation of this article is hereby declared to be a public nuisance.
f.
In addition to other remedies provided by this article or otherwise
available at law or in equity, any violation of this article may be
remedies by a civil action brought by the City Attorney, including,
without limitation, administrative or judicial nuisance abatement
proceedings, civil or criminal code enforcement proceedings, and suits
for injunctive relief.
It is the intent of the City Council of the City of Firebaugh
to supplement applicable state and federal law and not to duplicate
or contradict such law, and this article shall be construed consistently
with that intention. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase of this article, or its application to
any person or circumstance, is for any reason held to be invalid or
unenforceable, such invalidity or unenforceability shall not affect
the validity or enforceability of the remaining sections, subsections,
subdivisions, paragraphs, sentences, clauses, or phrases of this article,
or its application to any other person or circumstance. The City Council
of the City of Firebaugh hereby declares that it would have adopted
each section, subsection, subdivision, paragraph, sentence, clause,
or phrase hereof independently, irrespective of the fact that one
or more other sections, subsections, subdivisions, paragraphs, sentences,
clauses, or phrases hereof may be declared invalid or unenforceable.
[Ord. #09-01, S1]
Yard sales shall be permitted in a residential zone. Items to
be sold must be the property of the resident, or members of his/her
immediate family, and may not include items acquired for the purpose
of resale or consigned solely for the purpose of resale. Any such
yard sale shall be in compliance with this section.
[Ord. #09-01, S1]
The use of the term "yard sale," "garage sale," "rummage sale,"
or "patio sale," shall be used interchangeably herein and shall refer
to the selling of personal property to the public upon the premises
of the residence.
[Ord. #09-01, S1]
Personal property offered for sale shall not be displayed in
a front yard except pursuant to this section. No item shall be displayed
on any public right-of-way.
[Ord. #09-01, S1]
No yard sale shall last for more than three days and no single
yard sale shall be longer than 12 consecutive hours.
[Ord. #09-01, S1]
No sign shall be posted advertising yard sales excepting one
sign on the property on which the sale is to take place and on other
such private property where written permission has been granted by
the property owner. Such signs shall be removed from the properties
within six hours following the close of the sale. Nothing in this
section should be construed as authorization to post signs on utility
poles, sidewalks or trees; or on public property or public facilities.
[Ord. #09-01, S1]
There shall be no yard sales permitted along "N" Street (State
Route Highway 33), either residential or commercial properties. There
shall be no yard sales within the business district, along "O" Street
and "P" Street between 8th and 14th Streets and on 13th Street between
"P" Street and "N" Street (SR 33), except for property with a residential
use.
Nonprofit, charitable organizations shall be entitled to hold
fund raising activities including yard/rummage sales on public owned
or commercial property with the written permission of the owner. Nothing
contained in this section shall apply to the display in a driveway,
backyard or side yard of any of the following property owned and offered
for sale by the occupant of residential property or a member of his/her
household:
Violations of this chapter are declared to be infractions and shall be punished in accordance with subsection 1-5.1 of this Code, as follows:
