[Ord. No. 240, § 1; Ord. No. 376, § 1; Ord. No. 710, § 1, 1977; Ord. No. 759, § 1; Ord. No. 790, § 1.]
No person shall drink any alcoholic beverage or have in his possession an opened container of alcoholic beverage on any public street, sidewalk, alley, walkway, or on any private lot held open to the public, or any public parking lot, except those that directly abut a City park.
Notwithstanding the above paragraph, the City Council may authorize and grant a permit for the sale of beer or wine and authorize the consumption thereof on a public street, sidewalk, alley, walkway or on any private lot held open to the public, or any public parking lot, on the following conditions:
(a) 
The sale and consumption would be in connection with a special event, defined as a community public event, sponsored by a recognized charity, service clubs, nonprofit groups or organizations, or commercial establishments or groups for the benefit of a public charitable or nonprofit use.
(b) 
The City Council shall set the place, date and hours of operation of any such beer or wine sales.
(c) 
The City Council may reject a request for a permit to sell beer or wine if it finds the issuance of such beer or wine sale permit would be detrimental to the health and welfare of the citizens of Oakdale, or be liable to cause police problems.
(d) 
The fee for the issuance of such beer or wine sale permits shall be set from time to time by resolution by the City Council.
(e) 
This section shall not be deemed to make punishable any act or acts which are prohibited by any law of this state.
(f) 
The City Council shall not issue a permit until the applicant has his permit for the sale of beer or wine from the department of alcoholic beverage control.
[Ord. No. 238, §§ 1, 2, 4; Ord. No. 801, § 1.]
It is unlawful for any person to fire any gun within the City.
This section shall not apply to any regularly established gun, rifle or archery club or shooting gallery, the location of which has been previously approved in writing by the chief of police, nor to any person specially licensed by the City Council to destroy pests, nor to police officers in the discharge of their official duties.
The term "gun" within the meaning of this section shall be construed to mean and include air guns, BB guns, spring guns, air rifles, pistols, revolvers, guns of any character fired by explosives, air compulsion, or mechanical devices and bows, arrows and crossbows.
[1]
For state law as to discharge of firearms, see Pen. C., § 246; see also Pen. C., § 374c. As to regulations governing firearms at airport, see § 3-15 of this Code.
[Ord. No. 238, § 3.]
Any gun in the possession of a minor under the age of sixteen years in any place within the City, except within the home of any such minor, or except when such minor is in the direct charge and under the supervision of the parent or guardian of any such minor, is declared to be a nuisance and to be subject to immediate seizure and confiscation when found in the possession of any minor under the age of sixteen years who is not so in charge and under the supervision of any such parent or guardian.
[Ord. No. 534, §§ 1,2; Ord. No. 695, § 1, 1977; Ord. No. 810, § 1.]
The City Council finds, determines and declares that public health, safety and welfare require security personnel, who shall be sworn police officers or licensed private patrolmen, or licensed security personnel, the latter two referring to persons licensed under the Private Investigators and Adjuster Act, (Bus. & Prof. Code §§ 7500-7590) to be in attendance at each public dance and other public social events at which liquor is served, within the City.
[Ord. No. 534, § 3; Ord. No. 695, § 2, 1977.]
(a) 
PUBLIC DANCE — Means any dance, ball, concert, or social event at which liquor is served, to which the public generally may gain admission with or without the payment of a fee. "Public dance" does not include bars, taverns, saloons, nightclubs, or other similar establishments where dancing may be allowed as an incidental use.
(b) 
PUBLIC DANCE HALLS — Means any room, hall, pavilion, building, or other structure kept for the purpose of conducting therein public dances or dancing, or any place in which a public ball, dance, or concert is held.
[Ord. No. 695, § 3 (part), 1977.]
(a) 
It is unlawful for any person to conduct or engage in the operation of a public dance hall in the City without having first procured a license therefor from the director of finance.
(b) 
The fee for such license shall be fifty dollars for each dance.
(c) 
Application for such license shall be made at the finance department of City Hall and shall state the location of the room or rooms or the place to be occupied for such dance, ball, concert, or other public or social event, giving the street and number and the full name or names of the applicant. The applicant shall sign the application using his full name and give his address.
(d) 
Each application shall be subject to the approval of the chief of police. The chief of police may disapprove such application if he finds the following:
(1) 
Any applicant that has been previously convicted of a felony;
(2) 
Any applicant that has been convicted of any crime involving alcohol, drugs, or controlled substances;
(3) 
The event may lead to breaches of the peace, civil disorder, or riotous conduct.
(e) 
Dances that are officially sponsored and sanctioned solely by a public, parochial, or private (nonprofit) school shall be exempt from payment of said license fees.
[Ord. No. 695, § 3 (part), 1977.]
All public dance halls shall be kept in a clean, healthful, sanitary condition and shall be well-lighted at all times during any dance. They shall be well-ventilated, and all stairways, halls, passages, and rooms connected with the dance hall shall be kept open and well-lighted at all times.
[Ord. No. 695, § 3 (part), 1977.]
(a) 
It is unlawful for any person conducting a public dance, or for any person having charge or control thereof, at any time when a dance is being conducted therein, to permit any patron to bring into the dance hall any intoxicating liquor.
(b) 
It is unlawful for any person to permit intoxicating liquor to be drunk in the dance hall, or in any adjacent rooms, unless licensed by the state, as required by state law, and by the City as required by licensing laws of the City.
(c) 
It is unlawful for any patron to bring into a public dance hall, or any room or rooms in connection therewith, any intoxicating liquor at any time when a dance is being conducted therein.
(d) 
It is unlawful for any person to consume intoxicating liquor in a public dance hall, or any room or rooms in connection therewith, unless such intoxicating liquor is served by the owner, operator, or employees of such owner, operator, or a licensed caterer of such dance hall. Cans and bottles of any beverage shall not be dispensed to patrons in any public dance hall.
[Ord. No. 695, § 3 (part), 1977.]
No disorderly conduct shall be permitted at any public dance or dances or at any other public or social event in the City. If any police officer of the City finds any disorderly conduct occurring at any dance or other public or social function, or that the dance or other public or social function is not being conducted in accordance with the requirements of this chapter, he may summarily close the dance hall or other public or social function, cause the same to be vacated, and may suppress and discontinue the dance or other public or social function.
[Ord. No. 695, § 3 (part), 1977.]
Except as provided for in this chapter, it is unlawful:
(a) 
To permit any person under the age of eighteen years of age to attend or remain in any public dance unless such person is accompanied by his parent or legal guardian;
(b) 
For any person to falsely represent his age in order to attend or remain at any public dance;
(c) 
For any person to falsely represent himself to be the parent or legal guardian of another in order that such other person may attend or remain at any public dance.
[Ord. No. 695, § 3 (part), 1977; Ord. No. 810, § 1.]
The chief of police shall have the authority to and shall determine the number of security personnel deemed necessary by him at each public dance, ball, concert, or other public social event, at which liquor is served, as required, who shall be and remain in continued attendance thereat and until such time thereafter as the patrons shall have disbursed, and who shall enforce the provisions of this chapter, insofar as they are legally capable of so doing, and who shall keep the peace at such public dance or social event.
[Ord. No. 695, § 3 (part), 1977; Ord. No, 810, § 1.]
All applicants for licenses provided for in this chapter shall at the time of granting of same, arrange for security personnel as required by the chief of police for such dance or social event. In the event the applicant wishes to arrange for City of Oakdale sworn police officers to be security at such dance or social event, the applicant shall, at the time of granting of the license, pay an amount sufficient to cover the cost of each such officer. The chief of police with the approval of the City Administrator shall fix the amount thereof.
[Ord. No. 695, § 3 (part), 1977.]
Any person conducting or engaging in the operation of a public dance, ball, concert, or other public or social event, or attending same in violation of any provision of this chapter shall, upon conviction, be punished as prescribed for misdemeanor violations of this Code.
[Ord. No. 824, § 1.]
It shall be unlawful for any minor under the age of eighteen years to loiter, idle, wander, or roam on a public street or in or about any public place in the City between the hours of 11:00 p.m., and 5:00 a.m., of the day immediately following; provided, however, that the provisions of this section shall not apply to minors who are emancipated pursuant to the provisions of the California Civil Code, or when the minor is accompanied by a parent, guardian or other adult person having legal control or charge of such minor, or when the minor is on an emergency errand or returning home from a meeting, employment, entertainment or other recreational activity.
[Ord. No. 975, § 1.]
It shall be unlawful for any person to willfully tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure, or kill, or to interfere with any dog while such animal is being used by the Oakdale Police Department, or any officer or employee thereof, in the performance of any function or duty of said department, or of such officer or employee.
[Ord. No. 1159, § 2.]
These §§ 19-24 through 19-35 are adopted in supplementation of Business and Professions Code Sections 21600 through 21609. These sections are not intended to supersede the provisions of these statutes. Any conflict that may exist between these sections and state law shall be resolved in favor of the latter. Nothing contained herein shall relieve any person or legal entity of obligations contained in the Business and Professions Code or other provisions of state or local law.
[Ord. No. 1159, § 1.]
(a) 
JUNK— Means any and all secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, but does not include secondhand and used furniture or pallets.
(b) 
SCRAP METALS AND ALLOYS — Includes, but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generation, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer or recycler, but does not include scrap iron, household generated waste, or aluminum beverage containers, as defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code.
(c) 
JUNK DEALER — Includes any person engaged in the business of buying, selling, and dealing in junk, any person purchasing, gathering, collecting, soliciting, or traveling about from place to place procuring junk, and any person operating, carrying on, conducting, or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale, or transfer.
(d) 
JUNK YARD — Includes any yard, plot, space, enclosure, building, or any other place where junk is collected, stored, gathered together and kept.
(e) 
RECYCLER — Means any processor, recycling center, or non-certified recycler, as those terms defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code, who buys or sells scrap metal that constitutes junk, as defined herein.
[Ord. No. 1159, § 1.]
(a) 
These §§ 19-24 through 19-35 shall not apply to any of the following:
(1) 
Secondhand furniture merchants.
(2) 
Pawnbrokers.
(3) 
Secondhand car dealers or merchants in connection with automobile and motor vehicle sales agencies but not carried on and conducted in conjunction with a junk yard.
(4) 
Persons engaged in the business of selling new automobile tires or batteries or other equipment taking in part payment used articles of the same kind and thereafter selling or disposing of the same.
(5) 
Secondhand oil well supply and equipment dealers not conducting or carrying on their business in connection with a junk yard.
[Ord. No. 1159, § 1.]
(a) 
Junk dealers or recyclers shall report to the chief of police every day before twelve o'clock noon, on a form approved by the chief of police, a record of all sales and purchases of the previous twenty-four hours. The report shall contain the information required by these §§ 19-24 through 19-35 and any additional information required by the chief of police as shown on the forms.
(b) 
The report shall at a minimum contain the following information:
(1) 
The name, business name, business address, telephone number, facsimile number, and electronic mail address.
(2) 
The place and date of each sale or purchase of junk made in the conduct of his or her business as a junk dealer or recycler.
(3) 
The name, valid driver's license number, and state of issuance or California-issued identification card number, and vehicle license number including the state of issue of any motor vehicle used in transporting junk to the junk dealer's or recycler's place of business.
(4) 
The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealer's or recycler's place of business.
(5) 
A full and complete description of the item or items of junk purchased or sold, including the item type, quantity, length, diameter, size, brand, model, manufacturer, and identification number.
(6) 
A statement indicating either that the seller of the junk is the owner of it, or the name of the person he or she obtained it from, as shown on a signed transfer document.
(7) 
The fingerprint of the right hand index finger, unless such finger is missing, in which event the print of the next finger in existence on the right hand shall be obtained with a notation as to the exact finger printed of the person from whom junk is received.
[Ord. No. 1159, § 1.]
(a) 
Every junk dealer or recycler shall immediately notify the Oakdale Police Services by telephone, or other means likely to reach the Oakdale Police Services without delay, of the following:
(1) 
The sale or purchase, or attempted sale or purchase, of any junk, which reasonably appear to be used only by governments, utilities, railroads, or for specific purposes, such as guardrails, manhole covers, high voltage transmission lines, historical markers, cemetery plaques, light poles, and bleachers.
[Ord. No. 1159, § 1.]
(a) 
License required. It is unlawful for any person to act as a junk dealer or recycler without first making an application for and receiving a business license to act as such junk dealer or recycler.
(b) 
License–application–contents. If the application is made by an individual, he shall affirm under penalty of perjury that the contents of the application are true, and the contents of the application shall include the name and age of the applicant, his present address or addresses, and the name under which, and the place where, the applicant has conducted a similar business within twelve months immediately preceding the date of application. If the business is to be engaged in by a partnership, association, or corporation, the application for a license shall be made by the general manger thereof, or by one having the authority of a general manager. In such case, the application shall state the true name of the organization, the date of its organization, its type, the location of its principal place of business, the names and addresses of its officers, or, in the case of a co-partnership, the names and addresses of all the partners.
(c) 
In accordance with California Business and Professions Code Sections 12703 and 12733, the applicant shall attach to the application documentation that the applicant holds a current and active California Weighmaster License. A copy of the applicants current Weighmaster License shall be displayed in a prominent location at each location where the applicant conducts business.
(d) 
The applicant shall acknowledge having read Penal Code Section 496a, which shall be prominently set forth within the application in bold face.
(e) 
License–application–employee identification. The applicant, at the request of the chief of police, shall accompany the application with photographs and fingerprints of all the individuals who are to be actually engaged in the management of the business or in buying or otherwise acquiring junk for the business for which the license is requested. In the event any other person, after the license has been granted, is engaged in the management of the business or in buying, or otherwise acquiring such junk, the licensee shall furnish to the Oakdale Police Services on request the photograph and fingerprints of such person. No license shall be issued until any such demand has been complied with, and any license that has been issued shall be suspended or revoked if the licensee does not, within a reasonable time, comply with the provisions of this section.
(f) 
License–application–investigation. Upon submission of a complete application for license under these §§ 19-24 through 19-35, the application shall be immediately referred to the chief of police for investigation concerning the applicant's business and character of the applicant. The chief of police shall, after investigation, file a report upon the application designating whether or not the applicant is a proper person to be granted the license applied for. No applicant shall be reported as a proper person to be granted a license under these sections unless and until it appears that the applicant's conduct or proposed conduct of the business does and will comply with all applicable laws and ordinances, including but not limited to those relating to the public health and to zoning. The chief of police shall be allowed sixty days from the date of receiving a completed application within which to file the report.
(g) 
License–application investigation fees. The application investigation fee for a junk dealer or recycler's business license shall be two hundred fifty dollars.
(h) 
License–term. The business licenses provided for in this section shall be issued for a period of one year from the date of issuance.
(i) 
License–denial appeal. In the event of the denial of an application for license under these sections, the applicant may, within ten days after the date written notice of such adverse report is mailed, file with the Oakdale City Council a notice of intention to appear before the City Council to appeal the denial of the application. Upon failure to file such notice within the ten-day period, the denial of the application shall be final and conclusive. The notice of appeal shall be accompanied by the fee amount stated in paragraph (g), above.
(j) 
License–suspension, revocation, or conditioning of license. The Oakdale City Council may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may, after ten-days written notice to the licensee and after a hearing before the City Council, suspend, revoke, or condition the license of any licensee who commits any one or more of the acts or omissions constituting grounds for disciplinary action under this section. The grounds for such action shall be summarized in the notice. The notice provided for herein shall be given by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions. Pending the City Council's final decision regarding the license, a licensee may continue to engage in the business for the period of his/her license.
(k) 
License–disciplinary action grounds. It shall be a ground for disciplinary action if any licensee, his agent or employee, or any person connected or associated with the licensee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the license has:
(1) 
Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed; or
(2) 
Violated any provision of these §§ 19-24 through 19-35 or of any statute relating to his licensed activity; or
(3) 
Been convicted of a felony or any crime involving theft, embezzlement, or moral turpitude; or
(4) 
Committed any act constituting dishonesty or fraud; or
(5) 
Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting a licensed business; or
(6) 
Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a licensed business; or
(7) 
Violated any rule or regulation adopted by the City Council relating to the licensee's business; or
(8) 
Conducted the licensed business in a manner contrary to the peace, health, safety, and general welfare of the public; or
(9) 
Demonstrated that he is unfit to be trusted with the privileges granted by such license; or
(10) 
Failed to comply with the regulations of the City of Oakdale.
(l) 
License–revocation without hearing upon conviction. If any person holding a license under these §§ 19-24 through 19-35 is convicted in any court of the violation of any law relative to his operation of a licensed business, the City Council may revoke the license forthwith without any further action thereon other than giving written notice of revocation to the licensee.
[Ord. No. 1159, § 1.]
If any provisions of these §§ 19-24 through 19-35 or its application to any person or circumstance are held invalid, the invalidity does not affect other provisions or applications of these sections that can be given effect without the invalid provision or application, and to this end, the provisions of these sections are severable.
[Ord. No. 1181, Exh. A; Ord. No. 1183, Exh. A; Ord. No. 1189, § 3.]
The City shall not approve licenses, or uses, that violate state or federal law.