[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.
[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:
(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. 605, § 3
(part), 1977.]
All public dances, balls, or concerts, and all music therein,
shall cease and terminate at or before one a.m. and they shall start
no earlier than nine p.m.
[Ord. No. 695, § 3
(part), 1977.]
It is unlawful for any person maintaining, conducting or carrying
on any dance hall or having charge or control thereof, or for any
person employed in or about the same, to allow or permit any person
under the influence of intoxicating liquor or any disorderly person
to enter, be, or remain in or to dance in any such public dance hall.
[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.]
It is unlawful for any person conducting a public dance hall
to allow or permit the patrons of said dance to congregate upon the
stairway of or at the entrances to or exits from any public dance
hall while the dance is in progress.
[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.]
No person shall be permitted to smoke or carry in his or her
hand a lighted cigar, cigarette, or pipe in any public hall while
dancing.
[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.]
The chief of police shall have authority to make all proper
and necessary rules and regulations, not inconsistent with this chapter,
for the purpose of effectively carrying out the provisions and intent
of this chapter.
[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, § 1.]
[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)
(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.]
It is unlawful for any junk dealer or recycler to purchase,
or otherwise acquire, any junk from any person known, or reasonably
should be known by the junk dealer or recycler, to be under the age
of eighteen years.
[Ord. No. 1159, § 1.]
It is unlawful for any junk dealer or recycler to conduct his
or her business as a junk dealer within this City between the hours
of seven p.m. of one day and seven a.m. of the next day.
[Ord. No. 1159, § 1.]
It is unlawful for any junk dealer or recycler to make payment
for the purchase of junk in excess of two hundred dollars to any person
except by paper draft or check.
[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
(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.]
[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.
