[Added by Ord. #1577, § 4700]
This Chapter provides minimum standards in order to safeguard
the environment, general health, safety, welfare and peace and tranquility
of the Citizens of the City of Compton. It is the intent of the City
Council to recognize the rights of its citizens to be protected from
visual blight, from destruction or depreciation of property values,
private and public, real and personal; and from destruction of the
beauty of the City.
[Added by Ord. #1577, § 4700.2]
This Chapter is not the exclusive regulation of public or private
nuisances. It shall be supplemental and in addition to other regulatory
codes, statutes and resolutions heretofore enacted by the City, state
or other legal entity or agency having jurisdiction.
[Added by Ord. #1577, § 4701]
[Added by Ord. #1577, § 4701.1]
[Added by Ord. #1577, § 4701.2]
The provisions of this Chapter may be enforced by the alternative
remedies of:
a.
Summary Abatement of the Nuisance. Any act, acts or failures to act
which constitute a public nuisance, as defined above, may be summarily
abated by the Building and Safety Department at the direction of the
Police Department, the Fire Department, the Public Works Department,
Los Angeles Health Department, of the office of the City Attorney,
at the expense of the person committing, maintaining or causing the
nuisance; and the expense may be defrayed by a placing of a lien against
the property on which the nuisance was maintained or committed and
a personal obligation against the property owner becomes outstanding;
or
b.
Commencement of Civil or Criminal Proceedings. The City Attorney,
at the direction of the City Council, shall commence civil or criminal
proceedings to abate a public nuisance in accordance with applicable
provisions of the Civil and Penal Code of the State of California.
[Added by Ord. #1577, § 4701.3]
The procedure for levying against real property to recover the costs incurred by the abatement of a nuisance shall be set out in § 7-20, Weed and Rubbish Abatement.
[Added by Ord. #1577, § 4701.4]
Unless otherwise indicated herein, where a permit is required
to carry on a designated activity, the City Council may issue a permit
upon the written application of any person or group. Such application
shall contain the name, address, telephone number, purpose and duration
of the permit period, and any other information which the Council
may use to consider issuing a permit. The Council may deny such permit
if facts or evidence are presented by others which tend in fact to
show that the issuance of such permit may harm the health, welfare
or safety of the citizens.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1, 780, 856, 1401, 1417, 1681, 1970, 1982 and 1993.
[Ord. #2054, § 1]
The definitions set forth in this section shall govern the application
and interpretation of this section.
a.
EMERGENCY – Shall mean an unforeseen circumstance or circumstances
or the resulting situation that calls for immediate action to prevent
serious bodily injury or loss of life. The term includes, but is not
limited to, a fire, a natural disaster, or automobile accident or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
b.
ESTABLISHMENT – Shall mean any privately owned place of business
to which the public is invited, including but not limited to any place
of amusement, entertainment, or recreation.
c.
GUARDIAN – Shall mean:
d.
MINOR – Shall mean any person under 18 years of age.
e.
PARENT – Shall mean a person who is a natural parent, adoptive
parent, or stepparent of a minor.
f.
PUBLIC PLACE – Shall mean:
1.
Any out-of-door area to which the public or a substantial group of
the public has access, including, but not limited to, streets, highways,
sidewalks, alleys, parks, playgrounds, or other public grounds; and
2.
The out-of-doors common areas of establishments, including, but not
limited to, entryways and parking lots.
g.
SCHOOL – As used herein, shall mean and has reference to the
actual school the minor is assigned to under the State of California
Compulsory Education System or the school to which he or she should
be assigned and otherwise attending pursuant to the State of California
Compulsory Education System.
h.
SERIOUS BODILY INJURY – Shall mean bodily injury that creates
a substantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss of impairment of the function of
any bodily member or organ.
[Ord. #2054, § 1]
It is unlawful for any minor under the age of 18 years to be in any public place within the City between the hours of 10:00 p.m. and 5:00 a.m. of the date immediately following, except as provided under Subsection 7-2.3.
[Ord. #2054, § 1]
A minor under the age of 18 years shall not be in violation of Subsection 7-2.2 if, at the time the minor was stopped by a peace officer, the minor was:
a.
Accompanied by his or her parent, legal guardian or other adult person
having the legal care or custody of the minor, or by his or her spouse
18 years of age or older; or
b.
On an errand directed by his or her parent or legal guardian or other
adult person having legal care or custody of the minor, or by his
or her spouse 18 years of age or older; or
c.
Driving or riding in a motor vehicle or riding on public transportation;
or
d.
Engaged in a lawful volunteer or paid employment activity, or going
to or returning home from a lawful volunteer or paid employment activity;
or
e.
In active military service of the United States; or
f.
Acting in response to an emergency; or
g.
On the sidewalk abutting the minor's residence or abutting the residence
which is immediately adjacent to the minor's residence; or
h.
Attending or going to or returning home from a school, religious,
cultural, sports, amusement, entertainment, or recreation activity;
or any organized rally, demonstration, meeting or similar activity;
or
i.
Waiting at a train or bus station for transportation; or
j.
Emancipated in accordance with the California Family Code or other
applicable state law.
[Ord. #2054, § 1]
It is unlawful for any minor under the age of 18 years, who
is subject to compulsory education or to compulsory continuation education
to be in any public place within the City between the hours of 8:30
a.m. and 2:30 p.m. of the same day, on days when the minor's school
is in session.
[Ord. #2054, § 1]
A minor under the age of 18 years shall not be in violation of Subsection 7-2.4 if, at the time the minor was stopped by a peace officer, the minor was/is:
a.
Accompanied by his or her parent, guardian, or other adult person
having the care or custody of the minor; or
b.
On an errand directed by his or her parent, guardian or other adult
person having care or custody of the minor; or
c.
Going to or coming directly from or to their place of lawful volunteer
or paid employment activity or to or from a medical appointment; or
d.
In possession of a valid, school issued, off-campus permit; giving
permission to leave school campus for lunch or school related activity;
or
e.
In possession of a written excuse from his or her parent, guardian
or other adult person having care or custody of the minor; or
f.
Attending or going directly to or returning from a school, religious,
cultural, sports, amusement, entertainment, or recreation activity;
or any organized rally, demonstration, meeting or similar activity;
provided such meeting, event or activity is a school-approved activity
for the minor or is otherwise supervised by school personnel of the
minor's school; or
g.
Receiving instruction by a qualified tutor pursuant to California
Education Code § 48224, or is otherwise exempt from attendance
at a public or private full-time day school as set forth in the Education
Code; or
h.
During such time the minor is not required to be in school.
[Ord. #2054, § 1]
Nothing in this section shall be interpreted to preclude minors
from being in a public place for the purpose of exercising the rights
guaranteed by the United States Constitution and by the California
Constitution, including the free exercise of religion, freedom of
speech, the right of assembly, and the right to petition.
[Ord. #2054, § 1]
a.
Before taking any enforcement action under this section, a peace
officer shall ask the apparent offender's age and reason for being
in the public place.
c.
Notwithstanding any other provision of this Code, when a person under
the age of 18 years is charged with a violation of this Code, and
a peace officer issues a notice to appear in Superior Court to that
minor, the charge shall be deemed an infraction unless the minor requests
that a petition be filed under section 601 or 602 of the Welfare and
Institutions Code. The amount of the fine imposed shall be set by
the Court.
[Ord. #2079, § 1]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 1578.
[Ord. #1968, § 1]
Shall mean any unauthorized inscription, word, figure or
design which is marked, etched, scratched, drawn or painted on any
structural component or any building structure, or other facility
regardless of the nature of the material of that structural component.
Shall mean a marking pen with a tip exceeding four millimeters
in width containing anything other than a solution which can be removed
with water after it dries; a paint stick; any spray container containing
any fluid which will leave a permanent mark after it dries; other
than an aerosol container of paint; or a deodorant stick, or a deodorant
roll-on, which has been modified with an opaque colorant.
Shall mean a lot, parcel, tract, premises or piece of land,
improved or unimproved, in the City.
As used in this section, shall mean any person so designated
on the last equalized assessment roll and also any person having or
claiming to have any legal interest in the premises.
Shall mean a sign placed in a reasonable location or locations
stating it is a misdemeanor to possess a graffiti implement in such
public facility, park, playground, swimming pool, or recreational
area without valid authorization.
Shall mean and include, but is not limited to, block and
wood fences, garages, single and multiple dwellings, office buildings
and stores.
[Ord. #1968, § 1]
Pursuant to California Government Code § 38771, the City
Council hereby declares the maintenance of graffiti visible from a
public street or alley to constitute a nuisance, the abatement of
which shall be provided as set forth within.
[Ord. #1968, § 1]
It shall be the duty of both the owner of the lot and any person
who may be in possession or who has a right to such possession, to
at all times keep such lot clean and free from graffiti.
[Ord. #1968, § 1]
No person shall paint, mar or use other liquid substances to
maliciously deface any public property. Nor shall any person maliciously
deface privately owned property by use of paint or other liquid substance,
whether such property be occupied, vacated or abandoned, without consent
of the owner of such property or the person with right of possession.
[Ord. #1968, § 1]
a.
Sale or Purchase of Spray Paint. It is unlawful for any person to
sell, exchange, give or loan, or cause or permit to be sold, exchanged,
given or loaned, any pressurized can containing any substance commonly
known as paint, dye, or other liquid substance as defined above to
anyone under the age of 18 years. It is unlawful for anyone under
the age of 18 years to purchase any pressurized can containing paint
or dye.
b.
Possession of Spray Paint by Minors. It is unlawful for any person
under the age of 18 to have in his possession any pressurized can
containing any substance commonly known as paint, dye or other liquid
substance, as defined above, while on any public highway, street,
alley or way, park, playground, swimming pool or other public place
whether such person is or is not in any automobile, vehicle or other
conveyance.
[Ord. #1968, § 1]
Any business or establishment offering for sale to the public
aerosol paint containers shall keep, maintain and store such aerosol
paint containers in a place that is locked and secure or otherwise
made unavailable to the public.
[Ord. #1968, § 1]
It is unlawful for any person to have in his possession any
pressurized can containing any substance commonly known as paint or
dye while in any public park, playground, swimming pool, recreation
facility (other than a highway, street, alley or way), except authorized
employees of the City of Compton or an individual or company under
contract with the City of Compton.
[Ord. #1968, § 1]
It is unlawful for any person to carry on his or her person
and in plain view to the public a graffiti implement while in any
posted public facility, park, playground, swimming pool or recreational
area, other than a highway, street, alley or way, unless he or she
has first received valid authorization from the governmental entity
which has jurisdiction over the public area.
[Ord. #1968, § 1]
It is unlawful for any person under the age of 18 years to possess
a graffiti implement for the purpose of defacing property while on
any public highway, street, alley, or way, or other public place,
regardless of whether that person is in any automobile, vehicle, or
other conveyance.
[Ord. #1968, § 1]
Any person applying graffiti on City-owned property or within
the unincorporated area of the City shall have the duty to remove
same within 24 hours after notice by the City or the private owner
of the property involved. The removal shall be done in a manner prescribed
by the designated agent of the City Manager and may be deemed by the
City to satisfy any payment or penalty that might otherwise be imposed.
[Ord. #1968, § 1]
a.
Pursuant to Section 1714.1 (b) of the California Civil Code, every
parent or legal guardian having custody or control of a minor who
defaces property by inscribing graffiti thereon shall be jointly and
severally liable with the minor for such damages not to exceed $10,000
for each act of defacement. In addition, such parent or legal guardian
shall be jointly and severally responsible for any fine, restitution
and/or community service imposed resulting from liability.
b.
Any parent or guardian found liable for this offense shall perform
20 hours of community service per count which shall be determined
by the City of Compton. Any minor found liable for this offense shall
perform 40 hours of community service per count which shall be determined
by the City of Compton. All community service hours shall be in addition
to, and/or include, any fines and/or restitution imposed.
[Ord. #1968, § 1]
If there is graffiti on private property of a business that
is visible from the street, upon written notice, the property owner,
or individual in possession of the property, has 24 hours to remove
the graffiti at the property owner's expense. In the event the graffiti
is not removed or otherwise eliminated or abated by the date specified
in the notice, the City, or its contractor, may enter upon the parcel
and remove the graffiti.
[Ord. #1968, § 1]
If there is graffiti on the private property of a residence
that is visible from the street, upon written notice, the property
owner, or individual in possession of the property, has 72 hours to
remove the graffiti at the property owner's expense. In the event
the graffiti is not removed or otherwise eliminated or abated by the
date specified in the notice or posting, the City, or its contractor,
may enter upon the parcel and remove the graffiti.
a.
If the graffiti abatement is performed by a City department, the City shall bill the owner for the cost of removal, or other elimination or abatement of the nuisance, including administrative costs. An itemized report showing the date and cost of abatement work done by the City together with a proposed assessment with respect to the parcel involved, shall be submitted to the department. Payment for the cost of abatement and recovery of the cost from the property owner shall be pursuant to Subsection 7-1.7 and § 7-20 of this Code.
b.
The aforementioned abatement procedures are in addition to any other
remedy the department may choose to pursue to eliminate the nuisance
conditions.
c.
If at the time of removal of the graffiti the owner or occupants
object, then the City will immediately obtain the necessary consent,
warrants, or court order prior to completion of the graffiti removal.
This section should not be administered in any way that would violate
the constitutional rights of any person.
[Ord. #1968, § 1]
The City may appropriate money from the General Fund to be used
to remove graffiti or other inscribed material from public or privately
owned permanent structures located on public or privately owned real
property within the City.
[Ord. #1968, § 1]
The funds authorized by the provisions of Subsection 7-3.8 shall be used only for the removal of the graffiti or other inscribed material itself and not for the painting or repair of a more extensive area.
[Ord. #1968, § 1]
The removal of graffiti may be performed only after a finding
by the City that the graffiti or other inscribed material is obnoxious
and, in the case of a publicly-owned structure, only after securing
the consent of the owner.
Failure of any person to remove the graffiti or to pay for its
removal shall constitute an additional violation of this Chapter.
Every person who defaces property by inscribing graffiti thereon shall
be liable for any resulting damages incurred by the property owner
in an amount not to exceed $10,000 for each such act of defacement.
[Ord. #1968, § 1]
The remedies provided in this Chapter are in addition to other
remedies and penalties available under the Compton Municipal Code
and the laws of the State of California.
[Ord. #1968, § 1]
[Ord. #856, § 3600]
No person shall discharge any firearm loaded with a missile.
This Chapter shall not apply to police officers in the discharge of
their duties nor to any person acting in self-defense. This section
shall not apply to shooting galleries or rifle ranges being operated
under a permit and license duly issued by the City under the licensing
Chapter of this Code.
[Ord. #856, § 3601]
Any person desiring to maintain a rifle range shall make application
to the Chief of Police for a permit to maintain such rifle range.
The application shall set forth in particular the proposed location.
If, upon investigation by the Chief of Police, it appears that the
rifle range could be maintained without danger to the public, the
Chief of Police may issue a permit therefor, upon such terms and conditions
as in his opinion will properly safeguard persons and property.
[Ord. #856, § 3602]
No person shall fire, discharge or use any air rifle, pistol
or other weapon operated or controlled by means of air compression
or plunger.
[Ord. #856, § 3603]
No person shall sell, exchange, give or loan to any person under
18 years of age any gun, revolver, pistol or firearm of any description
or any spring or air gun designed or intended to discharge any shot
or other deadly or dangerous missile, or any ammunition, cartridge,
shell, or other device containing any explosive substance designed
and intended for use in any weapons enumerated herein.
[Ord. #856, § 3603.1]
No person under 18 years of age shall have in his possession,
care, custody or control any article or thing mentioned in the preceding
section.
[Ord. #1756, § 1]
a.
Definitions. As used in this subsection:
1.
REPLICA FIREARM – Shall include any device or object made of
plastic, wood, metal or any other material which is a facsimile or
toy version of, or is otherwise recognizable as, a pistol, revolver,
shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or
any other firearm as that term is used under the provisions of Sections
12001, 12001.5, 12020(d)(1), and 12570 of the State Penal Code.
2.
FIREARM – Shall be the same as the meaning of that term under
the State Dangerous Weapons Control laws and shall include air rifles,
pellet guns or BB guns.
b.
Every person who, except in self defense, in the presence of any
other person, draws, exhibits or brandishes a replica firearm or who
simulates a firearm in a rude, angry and threatening manner, or who
in any manner, unlawfully uses the same in any fight or quarrel and
causes the victim to reasonably believe that the person is actually
in possession of any operable firearm is guilty of a misdemeanor.
[Added by Ord. #1835, § 2]
a.
The term "firearm ammunition" as used in this section, shall include
any ammunition for use in pistols, revolvers, rifles, shot guns, or
any other device designed to be used as a weapon from which is expelled
a projectile by the force of any explosion or other form of combustion.
b.
Except as specified in Paragraph c and d, no person, including retail
gun dealers, shall sell, give, lend or transfer ownership of any firearm
ammunition during the period of seven days prior to the first day
of January of each year, or on the first day of January of each year
or during the seven days prior to the Fourth of July of each year
or on the Fourth day of July of each year.
c.
Nothing in this subsection shall prohibit the sale or transfer of
ownership of firearm ammunition by a wholesale gun dealer to a retail
gun dealer, or of ammunition requested by Section 12324 of the Penal
Code of the State of California.
d.
Nothing in this subsection shall prohibit sale to or acquisition
by any person described in Section 12302 or 12322 of the Penal Code
of the State of California.
e.
The provisions of this subsection shall not apply to the sale of
any firearm ammunition when such sale is prohibited by Sections 12303,
12303.6, 12304 or 12321 of the Penal Code of the State of California,
or is otherwise prohibited by Chapter 2.5, - Title 2, Part 4, of the
Penal Code of the State of California.
[1]
Editor's Note: Former Subsection 7-4.8, Saturday Night Specials
- Sale Prohibited, previously codified herein and containing portions
of Ordinance No. 1948, was repealed in its entirety by Ordinance No.
2082.
[Ord. #2078, § 1]
a.
It is unlawful for any person who is a member of a "criminal street gang" as that term is defined in California Penal Code § 186.22(f) or who is in the company of or acting in concert with a member of a "criminal street gang" to loiter or idle in a "public place" as defined in Subsection 7-5.1b under any of the following circumstances:
1.
With the intent to publicize a criminal street gang's dominance over
certain territory in order to intimidate non-members of the gang from
entering, remaining in, or using the public place or adjacent area;
2.
With the intent to conceal ongoing commerce in illegal drugs or other
unlawful activity.
b.
For the purposes of this section, a "public place" means the public
way and any other location open to the public, whether publicly or
privately owned, including, but not limited to any street, sidewalk,
avenue, highway, road, curb area, alley, park, playground or other
public ground or public building, any common area of a school, hospital,
apartment house, office building, transport facility, shop, privately
owned place of business, to which the public is invited, including
any place of amusement, entertainment, or eating place. Any "public
place" also includes the front yard area, driveway and walkway of
any private residence, business or apartment house.
[Ord. #2078, § 1]
Nothing in this section shall be construed in any way to limit
the power or right of a law enforcement officer to make any investigation,
detention or arrest as such law enforcement officer would be permitted
to make in absence of this section.
[Ord. #2078, § 1]
Any parent(s), legal guardian(s), or other adult person(s) authorized
by said parent(s) or guardian(s) to have the care and custody of a
minor, who knowingly permits or by insufficient control allows a minor
to violate the provisions of this section, is guilty of a misdemeanor.
[Ord. #2078, § 1]
Violation of this section shall be punishable by a fine not
to exceed $1,000 or by imprisonment not to exceed six months, or both.
[Ord. #856, § 4200.1; Ord. #997]
As used in this section:
Shall mean a room, place, or portion thereof, where betting
or laying of wagers upon the result of races or contests is carried
on as a business.
[Ord. #856, §§ 4200 — 4201; Ord. #997]
Any machine, contrivance, appliance, device, game, ticket, chance,
share, interest, instrument or article operated, used, kept, possessed,
placed or maintained in violation of the provisions of:
a.
Section 330a of the Penal Code of the state; or
b.
Any section enumerated in Part 1, Title 9 of the Penal Code of the
State of California; or
c.
The provisions of this Chapter; hereby is declared to be a nuisance
and shall be subject to abatement as provided in this Chapter.
[Ord. #856, § 4202; Ord. #997]
Any article declared by Subsection 7-6.2 to be a nuisance as a result of the operation, use, keeping, possession, playing, or maintaining of which any person has been convicted, or has pleaded guilty to any violation of any law of this state, or any of the provisions of this Code, or any ordinance of this City, shall be destroyed by the Chief of Police after such plea or after judgment of conviction becomes final. Such article and the contents thereof shall be destroyed, provided, however, that any money so declared to be a nuisance shall be deposited in the General Fund of the City.
If any article subject to destruction, as herein provided, is
in the custody of any court within the City, the Chief of Police shall
cause an application to be made to such court for an order releasing
such article to him for the purpose of complying with this section.
[Ord. #856, § 4203; Ord. #997]
No person shall play or bet at or against any game not mentioned
in Section 330 or 330a of the Penal Code of the State of California,
which is played, operated, conducted, dealt, or carried on with cards,
dice, billiard balls, pool balls, cues, or other devices for money,
checks, chips, credit, or any other representative of value, or for
any merchandise, or any other thing of value.
[Ord. #856, § 4202; Ord. #997]
No person either as principal, agent, employee, or otherwise,
shall permit any house, room, apartment, office, or place owned by
him or under his charge, management, or control, in the City to be
used in whole or in part for playing, operating, conducting, dealing,
or carrying on therein, any game or device not mentioned in Section
330 or 330a of the Penal Code of the State of California with cards,
dice, billiard balls, cues, or other device for money, checks, chips,
credit, or any other representative of value, or for merchandise,
or any other thing of value.
[Ord. #856, § 4205; Ord. #997]
No person either as principal, agent, employee, or otherwise,
shall keep, conduct, or maintain within the City any house, room,
apartment, office or place used in whole or in part as a place where
any game or device not mentioned in Section 330 or 330a of the Penal
Code of the State of California is played, operated, conducted, dealt,
or carried on with cards, dice, billiard balls, pool balls, cues,
or other device, for money, checks, chips, credit, or any other representative
of value, or for any merchandise or any other thing of value.
[Ord. #856, § 4206; Ord. #997]
No person shall visit, frequent, or be present at or within
any house, room, apartment, office or place used in whole or in part
as a place where any game or device is played, operated, conducted,
dealt, or carried on with cards, dice, billiard balls, pool balls,
or other devices for money, checks, chips, credit or any other representative
of value or for any merchandise or any other thing of value, including
but not limited to the games prohibited by Section 330 of the Penal
Code of the State of California and including but not limited to the
games and devices prohibited by Section 330a of said Code.
[Ord. #856, § 4207; Ord. #997]
No person shall act as a yard lookout, doorman, or watchman
of or for any house, room, apartment, office, or place used in whole
or in part as a place where any game or device is played, operated,
conducted, dealt, or carried on with cards, dice, billiard balls,
pool balls, cues, or other device for money, checks, chips, credit,
or any other representative of value or for any merchandise or any
other thing of value including but not limited to the games prohibited
by Section 330 of the Penal Code of the State of California and including
but not limited to the games and devices prohibited by Section 330a
of this Code; nor shall any person give any signal intended to warn,
for the purpose of warning, or calculated to warn, or give any warning
of the approach of any peace officer to any person in or about any
card club, or such house, room, apartment, office, or place so used.
[Ord. #856, § 4208; Ord. #997; Ord. #1103; Ord.
#1227; Ord. #1635, § 1; Ord. #1646, § 1; Ord.
#1720, § 1]
a.
It shall be unlawful for any person under the age of 18 years to operate any mechanically or electronically operated amusement machine in any liquor store as defined in § 30-3 unless accompanied by a parent or guardian.
b.
It shall be unlawful for any person to keep, maintain or possess any mechanically or electronically operated amusement machine in any place of business or in any place of public resort without having first obtained a Conditional Use Permit for Amusement machines — accessory use, amusement machine sales, or an arcade under the provisions of § 9-4 shall be obtained for an arcade.
c.
The following provisions shall apply to any place of business or to any place of public resort that has first obtained a conditional use permit for amusement machines — accessory use under the provisions of § 30-26.
1.
No person shall keep, maintain or possess more than two of the same
or different kinds of mechanically or electronically operated amusement
machines in the place of business or public resort licensed for amusement
machines — accessory use; and
2.
No person shall keep, maintain or possess any mechanically or electronically
operated amusement machine within 15 feet of any public entrance to
such place of business or public resort.
d.
No more than five arcades shall be permitted within the City, the
location of which shall be regulated in the following manner:
1.
No more than one arcade shall be permitted in the Central Business
District; and
2.
No more than two arcades shall be permitted in any Councilmatic District
provided that no arcade, other than that referred to in Paragraph
d1 above, shall be located within one mile of the intersection of
Willowbrook Avenue and Compton Boulevard.
e.
For any place of business or public resort that has first obtained a conditional use permit under the provisions of § 30-26 and a permit of the Council under the provisions of § 9-4 for an arcade, no person shall keep, maintain or possess less than 20 of the same or different kinds of mechanically or electronically operated amusement machines (in operable condition) in the place of business or public resort licensed as an arcade.
f.
It shall be unlawful for any person to keep, maintain or possess
in any place of business or public resort any mechanically or electronically
operated amusement machine without a City of Compton license sticker
affixed thereto and clearly visible.
g.
In the event that a conditional use permit for amusement machine sales has first been obtained under the provisions of § 30-26 the provisions of this section shall not apply to the keeping, possession, or exhibiting of any such mechanically or electronically operated amusement machines in any mercantile store in which such amusement machines are kept solely for sale and which amusement machines members of the public are not permitted or allowed to operate, manipulate, or play except as incident to a demonstration for the purpose of sale of such amusement machines.
h.
Any person found to be in violation of any provision of this section
shall be subject to a fine of not less than $100 nor more than $1,000
per day per machine found to be in violation.
[Ord. #856, § 4209; Ord. #997]
No person shall let or lease any telegraph or telephone line
or wire knowing that it is to be used for the purpose of conducting
or carrying on a pool room, or for the purpose of conducting the business
of making book or selling pools on races or other contests, or of
betting or laying wagers upon the result of any race or contest. No
person shall transmit any message over any telephone or telegraph
line or wire owned, controlled or leased by any person engaged in
conducting or carrying on a pool room or in conducting the business
of making book or selling pools on races or other contests, or of
betting or laying of wagers upon the result of any race or contest,
knowing that such message is to be used in conducting or carrying
on such pool room or business.
[Ord. #856, § 4210; Ord. #997]
No person engaged in conducting or carrying on a pool room or
in conducting the business of making book or selling pools or races,
or the betting or laying of wagers upon the results of any race or
contest, shall have in possession any written or printed form, chart,
table, list sheet, circular or publication of any kind giving or purporting
to give, any list of entries for any horse race or other contest thereafter
anywhere to take place, if there be written or printed or published
as part thereof, any tip, information, prediction, or selection of,
or advice as to, or any key, cipher, or cryptogram indicating, containing
or giving any tip, information, publication or selection of, or advice
as to the winner or probable winner, or a loser or probable loser,
or the result or probable result of any such race or other contest
or the standing or probable standing of any horse or contestant therein
or any statement as to, or comment upon, or reference to, the form,
condition or standing of any horse or other contestant, or the actual,
probable or possible result of any race or contest, or the actual,
probable or possible state, past, present or future, of the betting,
wagering or odds upon or against any horse or other contestant named
in such list, or probable or possible list, or entries unless the
names of such horses or other contestants shall be arranged in such
list, or probable or possible list, in alphabetical order, and shall
all be printed in type of the same size and face and of identical
appearance, and shall all be printed flush with the left side of the
column in which the same are printed, or all an equal distance therefrom.
[Ord. #856, § 4211; Ord. #997]
No person shall have in his possession any book, paper, apparatus,
device or paraphernalia for the purpose of recording or registering
any bet or any purported bet or wage, or any purported wager, upon
the result, or purported result, of any trial, or purported trial,
or contest or purported contest, of skill, speed, power or endurance
of man or beast, or between men, beasts, or mechanical apparatus,
or upon the result, or purported result of any lot, chance, casualty,
or contingent event whatsoever.
[Ord. #1866, §§ 1 — 5]
a.
Definition. Fighting animals or birds shall mean any bird or animal
that engages in an exhibition of fighting with the like kind of animals
or creature or causes any such animal to fight with a different kind
of animal or creature including but not limited to:
b.
It shall be unlawful for any person to permit the fighting of animals
or birds to include cock fighting on any premises under his charge
or control; and any person who aids, abets or is present at such fighting
as a spectator.
c.
It shall be unlawful for any person to keep, maintain or have in
his possession or under his control within the City to include the
Richland Farms area; any fighting cock, fighting animals, or fighting
birds, gamecock, or birds of prey.
d.
It shall be unlawful for any person to keep, maintain or have in
his possession or under his control cock fighting implements commonly
known as gaffs or slashers or any other sharp implement designed to
be attached in place of the natural spur of a gamecock or other fighting
bird.
e.
The penalty for the violation of this subsection is a misdemeanor
and will include the confiscation of the fighting cocks animals, and
fighting implements.
[Ord. #856, § 4400]
No person shall write, compose, stereotype, print, publish,
sell, distribute, keep for sale, or exhibit any obscene or indecent
writing, paper or book; or design, copy, draw, engrave, paint or otherwise
prepare any obscene or indecent picture or print; or mold, cut, cast,
or otherwise make any obscene or indecent figure.
[Ord. #2241]
a.
Register Required. Every person conducting any motel, hotel or lodging
house in the City shall at all times keep and maintain therein a register,
in which shall be inscribed with ink or indelible pencil, the name,
and complete residence address of each guest or person renting or
occupying a room therein. Such register shall be signed by each person
renting or occupying a room, and the proprietor or the proprietor's
agent of such motel, hotel, or lodging house, shall thereupon write
opposite such name or names so registered the number of each room
assigned to or occupied by such guest or occupant, together with the
time when such room is rented; and until all of such entries shall
have been made in such register, no such person shall be suffered
or permitted to occupy any room in such motel, hotel, or lodging house.
When the occupant or occupants of each room so rented shall quit and
surrender the same, it shall be the further duty of the proprietor
or proprietor's agent to enter the time thereof in such register opposite
the name of such occupant or occupants. Such register shall be preserved
for at least three years after it is filled with registrations or
after the discontinuance of its use as a register.
b.
Alterations, Inspection of Register. It shall be unlawful to erase a name or names or address or addresses or to permit such an erasure or to otherwise alter any entry on the register required by Compton Municipal Code Subsection 7-7.2 made for any purpose. Such register shall be at all times open to the inspection of any duly authorized representative of the City.
c.
Registering Under Fictitious Name Prohibited. No person shall write
or cause to be written or knowingly permit to be written in any register
in any motel, lodging house or hotel, any name or designation other
than the true name of the person registering therein, or the name
by which such person is generally known.
d.
Repeated Use Prohibited. No person conducting any motel, hotel or
lodging house shall permit more than one rental or occupancy of any
room in said hotel, motel, or lodging house to commence between the
hours of 6:00 a.m. of one day and 6:00 a.m. of the following day.
e.
Hourly Rates Prohibited. No person or agent of such person conducting
any hotel, motel or other lodging house shall let any room for sleeping
or lodging purposes for hourly or other short-term rates (less that
24 hours) or in any way advertise that any room is available at hourly
or other short-time rate.
f.
Subletting Prohibited. No person hiring a room in any hotel, motel,
or other lodging house in the City shall rent or sublet said room
to any other person.
[Ord. #2124, § 1]
It is hereby declared to be the policy of the City that the
existence of prostitution is a public nuisance and creates a visible
negative impact on the community. Prostitution is detrimental to the
health, safety and welfare of the citizenry and in the public interest
shall be prohibited.
[Ord. #2124, § 1]
For purposes of this section, the following definitions apply:
a.
COMMIT PROSTITUTION – Shall mean to engage in sexual conduct
for money or other consideration, but does not include sexual conduct
engaged in as part of any stage performance, play, or other entertainment
open to the public.
b.
PUBLIC PLACE – Shall mean an area open to the public, or an
alley, plaza, park driveway, or a parking lot, or an automobile, whether
moving or not, or a building open to the general public, including
one which serves food or drink, or provides entertainment, or the
doorways and entrances to a building or dwelling, or the grounds enclosing
a building or dwelling.
c.
LOITER – Shall mean to delay or linger without a lawful purpose
for being on the property and for the purpose of committing a crime
as opportunity may be discovered.
d.
CITY ATTORNEY – Shall mean the City Attorney for the City of
Compton or a duly authorized Deputy City Attorney.
[Ord. #2124, § 1]
Any person who solicits or agrees to engage in an act of prostitution
is in violation of this section. A person agrees to engage in an act
of prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution.
An agreement to engage in an act of prostitution shall not constitute
a violation of this section unless some act, in addition to the agreement,
is done within this City in furtherance of the commission of an act
of prostitution by the person agreeing to engage in that act.
[Ord. #2124, § 1]
a.
It is unlawful for any person to loiter in any public place with
the intent to commit prostitution. This intent is evidenced by acting
in a manner and under the circumstances, which openly demonstrate
the purpose of inducing, enticing, or soliciting prostitution, or
procuring another to commit prostitution.
b.
Among the circumstances that may be considered in determining whether
a person loiters with the intent to commit prostitution are if the
person:
1.
Repeatedly beckons to, stops, engages in conversations with, or attempts
to stop or engage in conservations with passersby, indicative to soliciting
for prostitution.
2.
Repeatedly stops or attempts to stop motor vehicles by hailing the
drivers, waving arms, or making any other bodily gestures, or engages
or attempts to engage the drivers or passengers of the motor vehicles
in conversation, indicative of soliciting for prostitution.
3.
Has been convicted of violating this section, Subsection 7-7.5 or California Penal Code subdivision (a) or (b) of § 647, or any other offense relating to or involving prostitution, within five years of the arrest under this section.
4.
Circles an area in a motor vehicle and repeatedly beckons to, contacts,
or attempts to contact or stop pedestrians or other motorist, indicative
of soliciting for prostitution.
5.
Has engaged, within six months prior to the arrest under this section,
in any behavior described in this paragraph, with the exception of
Paragraph 3, or in any other behavior indicative of prostitution activity.
c.
The list of circumstances set forth in Paragraph b is not exclusive.
The circumstances set forth in Paragraph b should be considered particularly
salient if they occur in an area that is known for prostitution activity.
Any other relevant circumstances may be considered in determining
whether a person has the requisite intent. Moreover, no one circumstance
or combination of circumstances is in itself determinative of intent.
Intent must be determined based on an evaluation of the particular
circumstances of each case.
[Ord. #2124, § 1]
a.
It is unlawful for any person to do either of the following:
b.
Among the circumstances that may be considered in determining whether a person is in violation of Subsection 7-7.7a are that the person does the following:
1.
Repeatedly speaks or communicates with another person who is acting in violation of Subsection 7-7.6a.
2.
Repeatedly or continuously monitors or watches another person who is acting in violation of Subsection 7-7.6a.
3.
Repeatedly engages or attempts to engage in conversation with pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between pedestrians or motorists and another person who is acting in violation of Subsection 7-7.6a.
4.
Repeatedly stops or attempts to stop pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between pedestrians or motorists and another person who is acting in violation of Subsection 7-7.6a.
5.
Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrian or motorists and another person who is acting in violation of Subsection 7-7.6a.
6.
Receives or appears to receive money from another person who is acting in violation of Subsection 7-7.6a.
7.
Engages in any of the behavior described in Paragraphs 1 to 6, inclusive, in regard to or on behalf of two or more persons who are in violation of Subsection 7-7.6a.
8.
Has been convicted of violating this section, subdivision (a) or
(b) of California Penal Code § 647, subdivision (a) of California
Penal Code §§ 653.22, 266(h), or 266(i), or any other
offense relating to or involving prostitution within five years of
the arrest under this subsection.
c.
The list of circumstances set forth in Subsection 7-7.7b is not exclusive. The circumstances set forth in Subsection 7-7.7b should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered. Moreover, no one circumstance or combination of circumstances is in itself determinative. A violation of Subsection 7-7.7a shall be determined based on an evaluation of the particular circumstances in each case.
d.
Nothing in this subsection shall preclude the prosecution of a suspect
for a violation of California Penal Code §§ 266h or 266i
or for any other offense, or for a violation of this section in conjunction
with a violation of California Penal Code §§ 266h or 266i
or any other offense.
[Ord. #2124, § 1]
a.
In any accusatory pleading charging a violation of Subsection 7-7.5, Subsection 7-7.6 or California Penal Code § 647(b), if the defendant has been once previously convicted of a violation of one of these subsections, the previous conviction may be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this paragraph from the obligation of spending at least 45 days in confinement in a county jail.
b.
In any accusatory pleading charging a violation of Subsection 7-7.5, Subsection 7-7.6 or California Penal Code § 647(b), if the defendant has been previously convicted two or more times of a violation of one of these subsections, each of these previous convictions may be charged in the accusatory pleading. If two or more of these previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for a least 90 days. In no event does the court have the power to absolve a person who violates this paragraph from the obligation of spending at least 90 days in confinement in a county jail.
c.
In addition to any punishment prescribed by this subsection, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle Code for any violation of Subsection 7-7.5, Subsection 7-7.6, or California Penal Code § 647(b) that was committed within 1,000 feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person's privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person's place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person's employment, the county may also allow the person to drive in that person's scope of employment.
[Ord. #2124, § 1]
Any case prosecuted under § 7-7 of this Code, the City Attorney may release public information regarding the case to the citizens of Compton through, but not limited to, City Council meetings, local newspapers and local cable television.
[Ord. #2217]
A vehicle used in the commission or attempted commission of
an act that violates Sections 266h, 266i, or 647(b) of the California
Penal Code, is declared to be a public nuisance and shall be subject
to seizure and impoundment for a period of up to 30 days if the owner
or operator of the vehicle has had a prior conviction for the same
offense within the past three years.
[1]
Editor's Note: Former Subsection 7-7.10 through 7-7.22 previously
codified herein and containing portions of Ordinance No. 2124 were
repealed in their entirety by Ordinance No. 2217.
[Ord. #2217; amended 11-9-2021 by Ord. No. 2340]
a.
A vehicle shall be seized and impounded pursuant to this subsection
upon the occurrence of all of the following:
1.
A valid arrest of the driver of a vehicle for the commission or attempted
commission of an act that violates Sections 266h, 266i, or 647(b)
of the California Penal Code; and
2.
At the time of the arrest, the owner or operator of the vehicle has
had a prior conviction for the same offense within the past three
years; and
3.
The vehicle
presents a traffic or safety hazard.
b.
Impoundment shall be for a period of up to 30 days. Any period during
which a vehicle is subjected to storage pursuant to this subsection
shall be included as part of the period of impoundment.
[Ord. #2217]
a.
Within two working days after impoundment, the City shall send by
certified mail, return receipt requested, a notice to the legal and
registered owner(s) of the vehicle at the address obtained from the
Department of Motor Vehicles that the vehicle has been impounded.
The notice shall also inform the owner of an opportunity for a post-storage
hearing to determine the validity of the storage or to determine mitigating
circumstances establishing that the vehicle should be released.
b.
The notice shall include all of the following information:
1.
The name, address, and telephone number of the agency providing the
notice;
2.
The location of the place of storage and description of the vehicle
that shall include, if available, the model or make, the manufacturer,
the license plate number, and the mileage;
3.
The authority and purpose for the removal of the vehicle; and
4.
A statement that, in order to receive a post-storage hearing, the
owner(s), or their agent(s), shall request the hearing in person,
writing or by telephone within 10 days of the date appearing on the
notice.
c.
The City shall be prohibited from charging for more than five days
of storage if it fails to notify the legal owner within two working
days after the impoundment when the legal owner redeems the impounded
vehicle.
d.
The post-storage hearing shall be conducted within 48 hours of the
request for hearing, excluding weekends and holidays. Failure of the
legal and registered owners, or their respective agents, to request
or to attend a scheduled hearing shall satisfy the post-storage hearing
requirement.
e.
The City may designate one of its own officers or employees to conduct
the hearing if that hearing officer is not the same person who directed
the seizure of the vehicle.
f.
The hearing officer shall establish whether there are reasonable
grounds for the storage of the vehicle and mitigating circumstances
establishing that the vehicle should be released. If it is determined
at the post-storage hearing that there are not reasonable grounds
for the storage of the vehicle, the City shall be responsible for
the costs incurred for towing and storage.
g.
The City shall maintain a published telephone number that provides
information 24 hours a day regarding the impoundment of vehicles and
the rights of legal and registered owners to request a hearing.
[Ord. #2217]
a.
A vehicle impounded pursuant to Subsection 7-7.11 shall be released to the registered owner, or the registered owner's agent, prior to the end of the impoundment period under any of the following circumstances:
1.
The driver of the impounded vehicle was arrested without probable
cause;
2.
The vehicle is a stolen vehicle;
3.
The vehicle is subject to bailment and was driven by an unlicensed
employee of a business establishment including a parking service or
repair garage;
4.
The driver of the vehicle is not the sole registered owner of the
vehicle and the vehicle is being released to another registered owner
of the vehicle who agrees not to allow the driver to use the vehicle
until after the end of the impoundment period;
5.
The registered owner of the vehicle was neither the driver nor passenger
of the vehicle at the time of the alleged violation, or was unaware
that the drive was using the vehicle to engage in activities subject
to Sections 266h, 266i, or 647(b) of the California Penal Code; or
6.
A spouse, registered domestic partner, or other affected third party
objects to the impoundment of the vehicle on the grounds that it would
create a hardship if the subject vehicle is the sole vehicle in a
household, and that hardship outweighs the seriousness and severity
of the act in which the vehicle was used.
b.
Notwithstanding any other provision of law, if a motor vehicle is
released prior to the end of the impoundment period because the driver
was arrested without probable cause, neither the arrested person nor
the registered owner of the motor vehicle shall be responsible for
the towing and storage charges.
[Ord. #2217]
a.
A vehicle impounded pursuant to Subsection 7-7.11 shall be released to the legal owner, or the legal owner's agent, prior to the end of the impoundment period if both the following conditions are met:
1.
The legal owner is a motor vehicle dealer, bank, credit union, acceptance
corporation, or other licensed financial institution legally operating
in California, or is another person who is not the registered owner
and holds a security interest in the vehicle; and
2.
The legal owner, or the legal owner's agent, pays all of the towing
and storage fees related to the seizure and impoundment of the vehicle.
b.
No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period. Neither the City, the impounding agency, nor any person having possession of the vehicle shall collect from the legal owner as described in Subsection 7-7.14a1 of this section, or the legal owner's agent, any administrative charges imposed pursuant to Section 22850.5 of the California Vehicle Code, unless the legal owner voluntarily requested a post-storage hearing.
c.
The legal owner, or the legal owner's agent, shall present the following
documentation to the City, its law enforcement agency, impounding
agency, person in possession of the vehicle, or any person acting
on behalf of those agencies:
1.
A copy of the assignment as defined in subdivision (b) of Section
7500.1 of the Business and Professions Code;
2.
A release of liability from the City of Compton (if required by the
City);
3.
A government-issued photographic identification card; and
d.
Any documents presented may be originals, photocopies, or facsimile
copies, or may be transmitted electronically. The City, its law enforcement
agency, impounding agency, or any person acting on behalf of those
agencies shall not require any documents to be notarized.
e.
Agent of Legal Owner. The City, its law enforcement agency (including Code Enforcement), or any person acting on behalf of these agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the City, its law enforcement agency (including Code Enforcement), or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
f.
A city, county, city and county, or state agency shall not require
a legal owner or a legal owner's agent to request a post-storage hearing
as a requirement for release of the vehicle to the legal owner or
the legal owner's agent.
g.
The City, its law enforcement agency, the impounding agency, another governmental agency, or any person acting on behalf of those agencies shall not require any documents other than those specified in Subsection 7-7.14c for the release of the vehicle. The legal owner or the legal owner's agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold log book.
h.
The City, its law enforcement agency, the impounding agency, or any
person acting on behalf of these agencies, or any person in possession
of the vehicle may photocopy and retain the copies of any documents
presented by the legal owner or legal owner's agent.
i.
The legal owner shall indemnify and hold harmless a storage facility
from any claims arising out of the release of the vehicle to the legal
owner or the legal owner's agent and from any damage to the vehicle
after its release including the reasonable costs associated with defending
any such claims.
j.
The legal owner, who meets the requirements for release of a vehicle pursuant to Subsection 7-7.14a, or the legal owner's agent, shall not release the vehicle to the registered owner of the vehicle, or the registered owner's agent (unless the registered owner is a rental car agency) until after the termination of the impoundment period.
k.
Prior to relinquishing the vehicle to the registered owner, the legal
owner may require the registered owner to pay all towing and storage
charges related to the seizure and impoundment of the vehicle.
[Ord. #2217]
a.
A vehicle seized and impounded pursuant to Subsection 7-7.11 shall be released to a rental car agency prior to the end of the impoundment period if:
b.
The rental car agency may continue to rent the vehicle upon recovery
of the vehicle. The rental car agency, however, shall not rent another
vehicle to the driver of the vehicle that was seized until the impoundment
period has expired.
c.
The rental car agency may require the person to whom the vehicle
was rented to pay all towing and storage charges related to the seizure
and impoundment of the vehicle.
[Ord. #2217]
a.
A person operating or in charge of a storage facility where vehicles are stored pursuant to Subsection 7-7.11 shall accept a valid bank credit card or cash for payment of towing, storage and related fees by a legal or registered owner, or the owner's agent, claiming the vehicle. A credit or debit card shall be in the name of the person presenting the card. For purposes of this subsection, "credit card" is defined as in Subsection (a) or Section 1747.02 of the Civil Code and does not include a credit card issued by a retail seller.
c.
A person operating or in charge of a storage facility, as described in Subsection 7-7.16a, shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction.
d.
Credit charges for towing and storage services shall comply with
Section 1748.1 of the Civil Code. Law enforcement agencies may include
the costs of providing for payment by credit when making agreements
with towing companies on rates.
e.
A failure by a storage facility to comply with any applicable conditions
of this subsection shall not affect the right of the legal owner,
or the legal owner's agent, to retrieve the vehicle if all conditions
required of the legal owner, or the legal owner's agent, for the release
of the vehicle are satisfied.
[Ord. #2217]
Costs and fees incurred by the City, or at the discretion of
the City, pursuant to this section shall be set by resolution, or
ordinance as authorized by Section 22850.5 of the California Vehicle
Code.
[Ord. #2217]
This section is not the exclusive regulation or penalty for
prostitution. It supplements and is in addition to the other regulatory
codes, statutes and ordinances heretofore or hereafter enacted by
the City, state or any other legal entity or agency having jurisdiction.
[Ord. #856, §§ 4600 — 4600.1]
No intoxicated person shall wilfully appear, remain, or be in
or on any public street, park, playground, or other public place in
the City, whether such person is or is not in or upon any automobile,
street or inter-urban car, vehicle, or conveyance.
No intoxicated person shall wilfully appear, remain or be in
or on any place open to public view, or in any store, railway depot,
stadium, or other place to which the public is admitted or invited
or in any private premises or in any private house to the annoyance
of any other person.
[Ord. #856, § 4600.2]
No person shall lie and sleep on any of the sidewalks, streets,
or other public places, within the City, or appear therein in such
a state of intoxication or drunkenness as to be unable to take proper
care of himself, or disturb the peace or quiet of any person, family
or neighborhood, by drunkenness or by making loud and unusual noises,
or by violent or offensive language, or by boisterous, tumultuous
or offensive conduct, or by threatening, traducing, quarreling, fighting
or offering or challenging to fight, or in any other way or manner
whatever shall disturb the peace, quiet and decency of any person,
street, or neighborhood.
[Added by Ord. #935, § 4600.3; Ord. #1894, § 1;
Ord. #1917, § 1; Ord. #2022, § 1]
a.
No person shall drink any alcoholic beverage: (1) on any public street,
sidewalk, parkway or alley, City park, City recreation area, City
open space, or playground, or in any railroad depot or bus station,
or any public place unless authorized by the City Manager; or (2)
in any place open to the patronage of the public, which premises are
not licensed for the consumption of such liquor or alcoholic beverage
on the premises; or (3) on private property open to public view without
the express permission of the owner, his or her agent, or the person
in lawful possession thereof.
b.
"Alcoholic Beverage" includes alcohol, spirits, liquor, wine, beer
and every liquid or solid containing alcohol, spirits, wine or beer,
and which contains 1/2% or more of alcohol by volume and which is
fit for beverage purposes either alone or when diluted, mixed, or
combined with other substances.
c.
Any violation of this section is a misdemeanor.
[Ord. #856, § 4601]
No person shall keep a riotous or disorderly house, or permit
any riotous or disorderly conduct in his house, yard or premises connected
with his house, or be guilty of any riotous or disorderly conduct
in any house, yard or premises, whereby the peace, quiet or decency
of the neighborhood of such house or of any person may be disturbed.
[Added by Ord. #985, § 4602]
a.
No person, either as owner, manager, producer, director, actor, or
agent, or who acts in any other capacity, shall give, direct, present
or participate in any obscene, indecent, immoral, or impure drama,
play, exhibition, show or entertainment, or any obscene, indecent,
immoral, impure scene, tableau, incident, part or portion of any drama,
play, exhibition, show or entertainment, which tends to corrupt the
morals of youth or others, or which depicts or deals with the subject
or theme of sex degeneracy or sex perversion, or sex inversion.
b.
No person shall exhibit or perform, or participate in the possession
of any obscene, indecent or lewd play or representation.
[Added by Ord. #985, § 4612]
a.
No person shall show, exhibit, display, rent, sell, loan or give
to any person, any motion picture or the projection of any picture,
which pictures illustrate, or depict any immoral, indecent, lewd,
lascivious or unlawful act, suggestion, business or purpose or any
murder, suicide, robbery or holdup, shooting, stabbing, clubbing,
or beating of any human being in such a manner as to offend public
morals or decency, or which delineates any other matter in such a
manner as to offend public morals or decency.
b.
Any person authorized or enjoined to arrest any person for the violation
of Paragraph a of this subsection, is equally authorized and enjoined
to seize any motion picture or film, the exhibition and display of
which is by this section prohibited, in the possession or under the
control of the person so arrested, and deliver the same to the judge
before whom the person so arrested is required to be taken.
[Ord. #2009, § 1]
a.
No person shall urinate or defecate in or upon any public street,
sidewalk, parkway or alley, City park, City recreation area, public
building or publicly maintained facility, or any place open to the
public, or on private property open to public view.
b.
This section shall not apply to urination or defecation which is
done in any restroom or other facility designed for the sanitary disposal
of human waste.
[Added by Ord. #1577, § 4702]
As used in this section:
Shall mean the City of Compton.
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed
or otherwise reproduced original or copies of any matter of literature:
Which directs attention to any business or mercantile or commercial
establishment or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Which advertises for sale any merchandise, product, commodity
or thing; or
Which directs attention to or advertises any meeting, theatrical
performance, exhibition or event of any kind for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this clause shall not apply where an admission fee is charged
or a collection is taken for the purpose of defraying the expenses
incident to such meeting, theatrical performance, exhibition or event
of any kind, when either of the same is held or given or takes place
in connection with the dissemination of information which is not restricted
under the ordinary rules of decency, good morals, public peace, safety
and good order; provided that nothing contained in this clause shall
be deemed to authorize the holding, giving or taking place of any
meeting, theatrical performance, exhibition or event of any kind without
a license where such license is or may be required by any law of this
state, or under any ordinance of this City; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
of any person so engaged as advertiser or distributor.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean leaves from shrubs and trees, grass and lawn cuttings;
garbage, refuse, rubbish, and all other waste material which, if thrown
or deposited as herein prohibited, tends to create a danger to public
health, safety and welfare.
Shall mean any newspaper of general circulation as defined
by general law, any newspaper duly entered with the Post Office Department
of the United States in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four issues per year and sold to the public.
Shall mean any printed or written matter; any sample, device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet;
or any other printed or otherwise reproduced original or copy of any
matter of literature not included in the definitions of "commercial
handbill" or "newspaper."
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any dwelling, house, building or other structure
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, wood, glass, bedding, crockery,
and similar materials.
[Added by Ord. #1577, § 4702.1; Ord. #1894, § 1]
a.
No person shall throw or deposit litter in or upon any street, sidewalk
or other public place within the City except in public receptacles,
or in authorized private receptacles for collection, or in official
City dumps. Nor shall any person post, scatter, daub or leave any
paint, paste, glue or other materials or substance used in painting
or affixing advertising matter upon any public street or sidewalk
or scatter or throw or permit to be scattered or thrown any bills,
waste matter, paper, cloth or materials of any kind removed from advertising
structures on any public thoroughfare or on private property without
permission of the owner of said private property.
b.
Any violation of this section is an infraction of the Compton Municipal
Code.
[Added by Ord. #1577, § 4702.2]
Persons placing litter in public receptacles or in authorized
receptacles shall do so in such a manner as to prevent it from being
carried or deposited by the elements upon any street, sidewalk or
other public place.
[Added by Ord. #1577, § 4702.3]
No person shall sweep into or deposit in any gutter, street
or other public place within the City the accumulation of litter from
any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
[Added by Ord. #1577, § 4702.4]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or public place within the City
the accumulation of litter from any building or lot or from any public
or private sidewalk or driveway. Persons owning or occupying places
of business within the City shall keep the sidewalk in front of their
business premises free of litter.
[Added by Ord. #1577, § 4702.5]
No person in an aircraft shall throw out, drop or deposit within
the City any litter, handbill, or other object.
[Added by Ord. #1577, § 4702.6]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
City.
[Added by Ord. #1577, § 4702.7]
No person shall drive or move any truck or other vehicles within
the City unless such vehicle is constructed or loaded as to prevent
any load or contents of litter from being blown or deposited upon
any street, alley or other public place. Nor shall any person drive
or move any vehicle or truck within the City the wheels or tires of
which carry onto or deposit in any street, alley or other public place,
mud, dirt, sticky substances or foreign matter of any kind.
[Added by Ord. #1577, § 4702.8]
No person shall throw or deposit litter in any park within the
City except in public receptacles and in such a manner that the litter
will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park or by the person responsible for its presence
and properly disposed of elsewhere.
[Added by Ord. #1577, § 4702.9]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, creek, channel, bay or other body of water in a park
or elsewhere within the City.
[Added by Ord. #1577, § 4703.1]
a.
Occupied Property. No person shall throw or deposit litter on any
occupied private property within the City, whether owned by such person
or not, except that the owner or persons in control of private property
may maintain authorized private receptacles for collection in such
a manner that litter will be prevented from being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon any private property.
b.
Vacant Property. No person shall throw or deposit litter on any open
or vacant private property within the City, whether owned by such
person or not.
[Added by Ord. #1577, § 4703.2]
The owner or person in control of any private property, vacant
or occupied, shall at all times maintain the premises free of litter;
provided, however, the provision of this section shall not prohibit
the storage of litter in authorized receptacles for collection.
[Added by Ord. #1577, § 4704.1]
a.
No person, except a public officer or employee in performance of
a public duty, shall paste, print, nail, tack, wire or otherwise fasten
any card, banner, pennant, handbill, sign, poster or advertisement
or notice of any kind, or cause the same to be done, on any vehicle,
pavement, sidewalk, step, curbstone, lamppost, pole, utility pole
or appurtenances thereto, signpost, hydrant, bridge, wall or tree
located upon a street or upon any other public property, except as
may be permitted by ordinance or law.
b.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the City, nor shall any person hand out or distribute or sell any
commercial handbill in any public place.
[Added by Ord. #1577, § 4704.2]
a.
Inhabited.
1.
Nonposted premises. No person shall throw, deposit or distribute
any commercial or noncommercial handbill in or upon private premises
which are inhabited except by handing or transmitting such handbills
directly to the owner, occupant or other person then present in or
upon such private premises; providing, however, in the case of inhabited
private premises which are not posted as provided in Paragraph b below,
unless required by anyone upon such premises not to do so, [such person]
shall have the authority to place or deposit such handbills in or
upon such inhabited private premises if such handbill is so placed,
deposited or secured to prevent such handbill from being blown or
drifted about such premises or the sidewalks, streets or other public
places, and except that mailboxes may not be used when prohibited
by federal postal laws or regulations.
2.
Posted premises. No person shall throw, deposit or distribute any
commercial or noncommercial handbill upon any private premises, if
required by anyone thereon not to do so, or if there is placed in
said premises in a conspicuous position near the entrance thereof,
a sign bearing the words: "No Trespassing," "No Peddlers or Agents,"
"No Advertisement," or any similar notice, indicating in any manner
that the occupants of said premises do not desire to be molested or
have their right of privacy disturbed, or to have any such handbills
left upon such premises.
b.
Uninhabited Premises. No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
c.
Vehicles. No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle. Provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute
without charge to the receiver thereof a noncommercial handbill to
any occupant of a vehicle who is willing to accept it.
[Added by Ord. #1336, § 4704.3; adopted December
12, 1978, § 1]
a.
Mail and Newspapers. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers as defined in Subsection 7-9.1.
b.
Noncommercial Handbills. The provisions of this Chapter shall not
apply to the distribution of noncommercial handbills on any public
sidewalk, street or other public place without charge to any person
willing to receive it.
c.
Political Literature. The provisions of this section do not apply to permits granted to erect signs, cards, posters or pictures relating to forthcoming elections for public office or public ballot issues whether national, state or local, or to distribute political literature on the public streets. Nothing contained in this section, however, shall be interpreted as exempting or otherwise relieving any candidate, political campaign or finance committee or other similarly responsible person or committee from the duty and responsibility for causing the complete removal of any such campaign matter and fastening devices from the public streets after the election day to which such matter relates and as may be provided for in Subsection 7-17.5.
[Ord. #2216; amended 11-9-2021 by Ord. No. 2340]
A vehicle used in the commission or attempted commission of
an act that violates Section 374.3(h) of the California Penal Code
is declared to be a public nuisance and shall be subject to seizure
and impoundment for a period of up to 30 days if there is probable
cause to seize the vehicle and the owner or operator of the vehicle
has had a prior conviction for the same offense within the past three
years.
[Ord. #2216; amended 11-9-2021 by Ord. No. 2340]
a.
A vehicle shall be seized and impounded pursuant to this subsection
upon the occurrence of all of the following:
1.
A valid arrest of the driver of a vehicle for the commission or attempted
commission of an act that violates Section 374.3(h) of the California
Penal Code; and
2.
At the time of the arrest, the owner or operator of the vehicle has
had a prior conviction for the same offense within the past three
years; and
3.
The vehicle
presents a traffic or safety hazard.
b.
Impoundment shall be for a period of up to 30 days. Any period during
which a vehicle is subjected to storage pursuant to this subsection
shall be included as part of the period of impoundment.
[Ord. #2216]
a.
Within two working days after impoundment, the City shall send by
certified mail, return receipt requested, a notice to the legal and
registered owner(s) of the vehicle at the address obtained from the
Department of Motor Vehicles that the vehicle has been impounded.
The notice shall also inform the owner of an opportunity for a post-storage
hearing to determine the validity of the storage or to determine mitigating
circumstances establishing that the vehicle should be released.
b.
The notice shall include all of the following information:
1.
The name, address, and telephone number of the agency providing the
notice;
2.
The location of the place of storage and description of the vehicle
that shall include, if available, the model or make, the manufacturer,
the license plate number, and the mileage;
3.
The authority and purpose for the removal of the vehicle; and
4.
A statement that, in order to receive a post-storage hearing, the
owner(s), or their agent(s), shall request the hearing in person,
writing or by telephone within 10 days of the date appearing on the
notice.
c.
The City shall be prohibited from charging for more than five days
of storage if it fails to notify the legal owner within two working
days after the impoundment when the legal owner redeems the impounded
vehicle.
d.
The post-storage hearing shall be conducted within 48 hours of the
request for hearing, excluding weekends and holidays. Failure of the
legal and registered owners, or their respective agents, to request
or to attend a scheduled hearing shall satisfy the post-storage hearing
requirement.
e.
The City may designate one of its own officers or employees to conduct
the hearing if that hearing officer is not the same person who directed
the seizure of the vehicle.
f.
The hearing officer shall establish whether there are reasonable
grounds for the storage of the vehicle and mitigating circumstances
establishing that the vehicle should be released. If it is determined
at the post-storage hearing that there are no reasonable grounds for
the storage of the vehicle, the City shall be responsible for the
costs incurred for towing and storage.
g.
The City shall maintain a published telephone number that provides
information 24 hours a day regarding the impoundment of vehicles and
the rights of legal and registered owners to request a hearing.
[Ord. #2216]
a.
A vehicle impounded pursuant to Subsection 7-9.17 shall be released to the registered owner, or the registered owner's agent, prior to the end of the impoundment period under any of the following circumstances:
1.
The driver of the impounded vehicle was arrested without probable
cause;
2.
The vehicle is a stolen vehicle;
3.
The vehicle is subject to bailment and was driven by an unlicensed
employee of a business establishment including a parking serviced
or repair garage;
4.
The driver of the vehicle is not the sole registered owner of the
vehicle and the vehicle is being released to another registered owner
of the vehicle who agrees not to allow the driver to use the vehicle
until after the end of the impoundment period;
5.
The registered owner of the vehicle was neither the driver nor the
passenger of the vehicle at the time of the alleged violation, or
was unaware that the driver was using the vehicle to engage in activities
subject to Section 374.3(h) of the California Penal Code;
6.
A spouse, registered domestic partner, or other affected third party
objects to the impoundment of the vehicle on the grounds that it would
create a hardship if the subject vehicle is the sole vehicle in a
household, and that hardship outweighs the seriousness and severity
of the act in which the vehicle was used.
b.
Notwithstanding any other provision of law, if a motor vehicle is
released prior to the end of the impoundment period because the driver
was arrested without probable cause, neither the arrested person nor
the registered owner of the motor vehicle shall be responsible for
the towing and storage charges.
[Ord. #2216]
a.
A vehicle impounded pursuant to Subsection 7-9.17 shall be released to the legal owner, or the legal owner's agent, prior to the end of the impoundment period if both of the following conditions are met:
1.
The legal owner is a motor vehicle dealer, bank, credit union, acceptance
corporation, or other licensed financial institution legally operating
in California, or is another person who is not the registered owner
and holds a security interest in the vehicle; and
2.
The legal owner, or the legal owner's agent, pays all of the towing
and storage fees related to the seizure and impoundment of the vehicle.
b.
No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period Neither the City, the impounding agency, nor any person having possession of the vehicle shall collect from the legal owner as described in Subsection 7-9.20a1 of this section, or the legal owner's agent, any administrative charges imposed pursuant to Section 22850.5 of the California Vehicle Code, unless the legal owner voluntarily requested a post-storage hearing.
c.
The legal owner, or the legal owner's agent, shall present the following
documentation to the City, its law enforcement agency, impounding
agency, person in possession of the vehicle, or any person acting
on behalf of those agencies:
1.
A copy of the assignment as defined in subdivision (b) of Section
7500.1 of the Business and Professions Code;
2.
A release of liability from the City of Compton (if required by the
City);
3.
A government-issued photographic identification card; and
d.
Any documents presented may be originals, photocopies, or facsimile
copies, or may be transmitted electronically. The City, its law enforcement
agency, impounding agency, or any person acting on behalf of those
agencies shall not require any documents to be notarized
e.
Agent of Legal Owner. The City, its law enforcement agency (including Code Enforcement), or any person acting on behalf of these agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the City, its law enforcement agency (including Code Enforcement), or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
f.
A city, county, city and county, or state agency shall not require
a legal owner or a legal owner's agent to request a post-storage hearing
as a requirement for release of the vehicle to the legal owner or
the legal owner's agent.
g.
The City, its law enforcement agency, the impounding agency, another governmental agency, or any person acting on behalf of these agencies shall not require any documents other than those specified in Subsection 7-9.20c for the release of the vehicle. The legal owner or the legal owner's agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold log book.
h.
The City, its law enforcement agency, the impounding agency, or any
person acting on behalf of these agencies, or any person in possession
of the vehicle may photocopy and retain the copies of any documents
presented by the legal owner or legal owner's agent.
i.
The legal owner shall indemnify and hold harmless a storage facility
from any claims arising out of the release of the vehicle to the legal
owner or the legal owner's agent and from any damage to the vehicle
after its release including the reasonable costs associated with defending
any such claims.
j.
The legal owner, who meets the requirements for release of a vehicle pursuant to Subsection 7-9.20a, or the legal owner's agent, shall not release the vehicle to the registered owner of the vehicle, or the registered owner's agent (unless the registered owner is a rental car agency) until after the termination of the impoundment period.
k.
Prior to relinquishing the vehicle to the registered owner, the legal
owner may require the registered owner to pay all towing and storage
charges related to the seizure and impoundment of the vehicle.
[Ord. #2216]
a.
A vehicle seized and impounded pursuant to Subsection 7-9 17 shall be released to a rental car agency prior to the end of the impoundment period if:
b.
The rental car agency may continue to rent the vehicle upon recovery
of the vehicle The rental car agency, however, shall not rent another
vehicle to the driver of the vehicle that was seized until the impoundment
period has expired.
c.
The rental car agency may require the person to whom the vehicle
was rented to pay all towing and storage charges related to the seizure
and impoundment of the vehicle.
[Ord. #2216]
a.
A person operating or in charge of a storage facility where vehicles are stored pursuant to Subsection 7-9.17 shall accept a valid bank credit card or cash for payment of towing, storage and related fees by a legal or registered owner, or the owner's agent, claiming the vehicle. A credit or debit card shall be in the name of the person presenting the card. For purposes of this subsection, "credit card" is defined as in Subsection (a) of Section 1747.02 of the Civil Code and does not include a credit card issued by a retail seller.
c.
A person operating or in charge of a storage facility, as described in Subsection 7-9.22a, shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction.
d.
Credit charges for towing and storage services shall comply with
Section 1748.1 of the Civil Code. Law enforcement agencies may include
the costs of providing for payment by credit when making agreements
with towing companies on rates.
e.
A failure by a storage facility to comply with any applicable conditions
of this subsection shall not affect the right of the legal owner,
or the legal owner's agent, to retrieve the vehicle if all conditions
required of the legal owner, or the legal owner's agent, for the release
of the vehicle are satisfied.
[Ord. #2216]
Costs and fees incurred by the City, or at the discretion of
the City, pursuant to this section shall be set by resolution or ordinance
as authorized by Section 22850.5 of the California Vehicle Code.
[Ord. #2216]
This section is not the exclusive regulation or penalty for
illegal dumping or any related thereto. It supplements and is in addition
to the other regulatory codes, statutes and ordinances heretofore
or hereafter enacted by the City, state or any other legal entity
or agency having jurisdiction.
[Ord. #846, § 3604]
It is hereby made the duty of all officers and employees of
the City whenever they find within the City, or whenever there comes
into their possession any personal property which the finder or possessor
thereof has reason to believe may have been stolen, lost, or abandoned,
to deliver the same to the Chief of Police.
[Ord. #856, § 3604.1]
It shall be the duty of the Chief of Police to take charge of
and keep in his possession all such property, and he must within a
reasonable time inform the owner thereof, if known, and make restitution
to him of such property upon demand and without compensation. Should
any such property remain unclaimed by its true owner for a period
of six months from the date of finding, the Chief of Police is hereby
authorized and required to cause the same to be sold at public auction
to the highest bidder. Notice of such sale shall be given by the Chief
of Police at least five days before the time fixed therefor, by publication
in the official newspaper of the City a statement of the time and
place fixed therefor, together with a schedule of the property to
be offered for sale. Immediately after the completion of any such
sale the Chief of Police shall give to the City Controller a statement
of the proceeds thereof together with the expense incurred in conducting
such sale. The Chief of Police shall forthwith pay such proceeds to
the City Controller and the City Controller after deducting the necessary
expenses actually incurred shall deposit the balance thereof in the
General Fund.
[Ord. #856, § 3604.2]
If there be no bids for any such property offered for sale at
auction, the property shall again be offered for sale together with
other such unclaimed property at the next auction sale. If such property
is not sold at the second auction sale it shall be turned over to
the City Manager who shall make such disposition thereof in the public
interest as he shall deem fit.
[Ord. #856, § 4502; Ord. #915]
No person under the age of 21 years shall make any false declaration
or representation of his age or present any false credentials of his
age or any false identification for the purpose of circumventing or
in any way avoiding any of the provisions or prohibitions of this
Code.
[Added by Ord. #915, § 4503.3]
a.
Minor to Attend with Parents. No minor under the age of 16 years
shall attend any prize fight or boxing, sparring, or wrestling exhibition
carried on within the City unless such minor is accompanied by his
parent or legal guardian.
b.
Parents or Guardian Not to Permit Attendance. No parent or legal
guardian of any such minor shall knowingly permit such minor to attend
any such exhibition without being accompanied by his parent or legal
guardian.
c.
Promoters or Agents Not to Permit Minors. No person, either as owner,
promoter, agent, employee, or otherwise of such exhibition, carried
on within the City shall knowingly permit any such minor to attend
any such exhibition without such minor being accompanied by his parent
or legal guardian.
d.
Proof of Age Required. Any minor whose age is questioned and who
is not accompanied by his parent or legal guardian shall be denied
admittance to any such exhibition until such minor shall have established
by satisfactory proof that he is over the age of 16 years.
[Added by Ord. #915, §§ 4504 — 4506;
Ord. #1248]
a.
Minors Under 15 Years Prohibited. No person under the age of 15 years
shall be in, remain in, enter, or visit any public billiard room unless
such minor person is accompanied by one of his parents or by his legal
guardian.
b.
Further Limitations.
1.
No person under the age of 21 years shall be in, remain in, enter,
or visit any public billiard room in which any alcoholic beverages
are sold, offered for sale, dispensed, or permitted to be consumed.
2.
No person under the age of 18 years shall be in, remain in, enter,
or visit any public billiard room in which any card games are permitted,
played, operated, or taught in any manner.
3.
No person under the age of 21 years shall be in, remain in, enter,
or visit any public billiard room between the hours of 10:00 p.m.
and the time of sunrise the following day when not accompanied by
his or her parent or legal guardian having legal custody and control
of such person, or by the spouse of such person, which spouse is 21
or more years of age.
c.
Persons Responsible for Violation. No owner, manager, proprietor,
or other person in charge of or having control of any public billiard
room shall allow or permit any person under the age of 15 years to
be in, remain in, enter, or visit such place unless such minor person
is accompanied by one of his parents or his legal guardian.
d.
Persons Responsible for Violation — Further Limitations.
1.
No owner, manager, proprietor, or other person in charge of, or having
control of, a public billiard room in which any alcoholic beverages
are sold, offered for sale, dispensed, or permitted to be consumed
shall allow or permit any person under the age of 21 years to be in,
remain in, enter, or visit such billiard room.
2.
No owner, manager, proprietor, or other person in charge of, or having
control of, a public billiard room in which any card games are permitted
or suffered to be played, operated, or taught in any manner shall
allow or permit any person under the age of 18 years to be in, remain
in, enter, or visit such billiard room.
3.
No owner, manager, proprietor, or other person in charge of, or having
control of, a public billiard room shall allow or permit any person
under the age of 21 years to be in, remain in, enter, or visit any
public billiard room between the hours of 10:00 p.m. and the time
of sunrise the following day when not accompanied by his or her parent
or legal guardian having legal custody and control of such person,
or by the spouse of such person, which spouse is 21 or more years
of age.
e.
Billiard Room Defined. For the purposes of this section, "public
billiard room" is defined to be any place open to the public where
billiards, bagatelle, or pool is played, or in which any billiard,
bagatelle, or pool table is kept and persons are permitted to play
or do play thereon, whether any compensation or reward is charged
for the use of such table or not.
f.
Social Billiard Club Defined. As used in this section, "social billiard
club" means a bona fide social club with a limited membership into
which admission cannot be obtained by any person at his pleasure,
and the sole or main purpose of which is to furnish to its members
and to the guests of such members a place in which to play billiards,
bagatelle, or pool.
Any place which is a "public billiard room", as defined in Subsection 7-11.3e is not a "social billiard club."
|
Part I: General Provisions
|
[Added by Ord. #1587, § 4706]
It is hereby declared to be the policy of the City to prohibit
unnecessary, excessive and annoying noises from all sources subject
to its police power. At certain levels, noises are detrimental to
the health and welfare of the citizenry and in the public interest
shall be systematically proscribed.
[Added by Ord. #1587, § 4706.1]
As used in this section:
Definitions of technical terms not defined herein shall be
obtained from the American National Standards Institute's Acoustical
Terminology S1-1-1971 or the most recent revision thereof.
Shall mean the all-encompassing noise associated with a given
environment, being usually a composite of sounds from many sources,
near and far. For the purpose of this section, ambient noise level
is the level obtained when the noise level is averaged over a period
of 15 minutes without inclusion of noise from isolated identifiable
sources, at the location and time of day near that at which a comparison
is to be made.
Shall mean and include the use, operation or maintenance
of any sound-amplifying equipment for the purpose of advertising any
business, or any goods, or any services, or for the purpose of attracting
the attention of the public to, or advertising for, or soliciting
patronage or customers to or for any performance, show, entertainment,
exhibition or event, or for the purpose of demonstrating such sound
equipment.
Shall mean a unit of level which denotes the ratio between
two quantities which are proportional to power; the number of decibels
corresponding to the ratio of two amounts of power is 10 times the
logarithm to the base 10 of this ratio.
Shall mean work made necessary to restore property to a safe
condition following a public calamity or work required to protect
persons or property from an imminent exposure to danger or work by
private or public utilities when restoring utility service.
Of a function periodic in time shall mean the reciprocal
of the smallest increment of time for which the function repeats itself.
The unit is the cycle per second or hertz.
Shall include, but not be limited to, minibikes and go-carts.
Shall mean the use, operation or maintenance of any sound
equipment for other than a "commercial purpose." "Noncommercial purpose"
shall mean and include, but shall not be limited to, philanthropic,
political, patriotic and charitable purposes.
Shall mean a person, firm, association, copartnership, joint
venture, corporation or any entity, public or private in nature.
In decibels is sound measured using the A-weighting network
of a sound level meter. Slow response of the sound level meter needle
shall be used except where the sound is impulsive or rapidly varying
in nature, in which case fast response shall be used.
Shall mean an instrument, including a microphone, an amplifier,
an output meter, and frequency weighting networks for the measurement
of sound levels which satisfies the pertinent requirements in American
National Standards Institute's Specification 51.4-1971 or the most
recent revision thereof for type S-2A general purpose sound level
meters.
Shall mean any motor vehicle, or any other vehicle regardless
of motive power, whether in motion or stationary, having mounted thereon,
or attached thereto, any sound-amplifying equipment.
Shall mean any machine or device for the amplification of
the human voice, music or any other sound. "Sound-amplifying equipment"
shall not include standard automobile radios when used and heard only
by the occupants of the vehicle in which the automobile radio is installed.
"Sound-amplifying equipment," as used in this section, shall not include
warning devices on authorized emergency vehicles or horns or other
warning devices on any vehicle used only for traffic safety purposes.
[Added by Ord. #1587, § 4706.2]
Any sound level measurement made pursuant to the provisions
of this section shall be measured with a sound level meter using the
"A" weighting.
[Added by Ord. #1587, § 4706.3]
When "ambient noise level" is referred to in this section, it
shall mean the higher of the following: (1) actual ambient noise level,
or (2) presumed ambient noise level as determined from the chart below:
|
Zone
|
Time
|
Sound Level A, Decibels Community Environment Classification
| ||||
|---|---|---|---|---|---|---|
|
Very Quiet
|
Quiet
|
Slightly Noisy
| ||||
|
Rural
|
Suburban
|
Suburban
|
Suburban
|
Urban
| ||
|
R1 and R2
|
10:00 p.m. to 7:00 a.m.
|
35
|
50
|
40
|
55
|
45
|
|
R1 and R2
|
7:00 p.m. to 10:00 p.m.
|
40
|
55
|
45
|
60
|
50
|
|
R1 and R2
|
7:00 a.m. to 7:00 p.m.
|
45
|
65
|
50
|
65
|
55
|
|
R3 and R4
|
10:00 p.m. to 7:00 a.m.
|
40
|
70
|
45
|
70
|
50
|
|
R3 and R4
|
7:00 a.m. to 10:00 p.m.
|
45
|
50
|
55
| ||
|
Commercial
|
10:00 p.m. to 7:00 a.m.
| |||||
|
Commercial
|
7:00 a.m. to 10:00 p.m.
| |||||
|
M1
|
Anytime
| |||||
|
M2
|
Anytime
| |||||
[Added by Ord. #1587, § 4706.4]
b.
Additional Remedies: Injunctions. As as additional remedy, the operation
or maintenance of any device, instrument, vehicle or machinery in
violation of any provision of this chapter, which operation or maintenance
causes discomfort or annoyance to reasonable persons of normal sensitiveness
or which endangers the comfort, repose, health or peace of residents
in the area, shall be deemed and is declared to be a public nuisance
and may be subject to abatement summarily by a restraining order or
injunction issued by a court of competent jurisdiction.
c.
Severability. If any provision, clause, sentence or paragraph of
this section or the application thereof to any person or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or applications of the provisions of this section which
can be given effect without the invalid provisions or application;
and, to this end, the provisions of this section are hereby declared
to be severable.
|
Part 2: Special Noise Sources
|
[Added by Ord. #1587, § 4706.5]
a.
Use Restricted. It shall be unlawful for any person within any residential
zone of the City to use or operate any radio receiving set, musical
instrument, phonograph, television set or other machine or device
for the producing or reproducing of sound (between the hours of 10:00
p.m. of one day and 7:00 a.m. of the following day) in such a manner
as to disturb the peace, quiet and comfort of neighboring residents
or any reasonable person of normal sensitiveness residing in the area.
b.
Prima Facie Violation. Any noise level exceeding the ambient noise
level at the property line of any property (or, if a condominium or
apartment house, within any adjoining apartment) by more than five
decibels shall be deemed to be prima facie evidence of a violation
of the provisions of this section.
[Added by Ord. #1587, § 4706.6; Ord. #1732, § 3]
It shall be unlawful for any person within the City to sell
anything by outcry. The provisions of this subsection shall not be
construed to prohibit the selling by outcry of merchandise, food and
beverages at licensed sporting events, parades, fairs, circuses and
other similar licensed public entertainment events.
[Added by Ord. #1587, § 4706.7]
It shall be unlawful for any person to use any drums or other
instrument or device of any kind for the purpose of attracting attention
by the creation of noise within the City. This section shall not apply
to any person who is a participant in a school band or duly licensed
parade or who has been otherwise duly authorized to engage in such
conduct.
[Added by Ord. #1587, § 4706.8]
It shall be unlawful for any person to create any noise on any
street, sidewalk or public place adjacent to any school, institution
of learning or church while the same is in use or adjacent to any
hospital, which noise unreasonably interferes with the workings of
such institution or which disturbs or unduly annoys patients in the
hospital, provided conspicuous signs are displayed in such streets,
sidewalk or public place indicating the presence of a school, church
or hospital.
[Added by Ord. #1587, § 4706.9]
No person shall keep or maintain, or permit the keeping of,
upon any premises owned, occupied or controlled by such person any
animal or fowl otherwise permitted to be kept which, by any sound,
cry or behavior, shall cause annoyance or discomfort to a reasonable
person of normal sensitiveness in any residential neighborhood.
[Added by Ord. #1587, § 4706.10]
It shall be unlawful for any person to operate any machinery,
equipment, pump, fan, air conditioning apparatus or similar mechanical
device in any manner so as to create any noise which would cause the
noise level at the property line of any property to exceed the ambient
noise level by more than five decibels. For the purposes of this section,
"noise level" shall mean measured sound level with the following values
added as corrections for time duration and character of the noise:
[Added by Ord. #1587, § 4706.11]
a.
Notwithstanding any other provision of this section, and in addition
thereto, it shall be unlawful for any person to willfully make or
continue, or cause to be made or continued, any loud, unnecessary
or unusual noise which disturbs the peace or quiet of any neighborhood
or which causes discomfort or annoyance to any reasonable person of
normal sensitiveness residing in the area.
b.
The standards which shall be considered in determining whether a
violation of the provisions of this section exists shall include,
but not be limited to, the following:
1.
The level of the noise;
2.
The intensity of the noise;
3.
Whether the nature of the noise is usual or unusual;
4.
Whether the origin of the noise is natural or unnatural;
5.
The level and intensity of the background noise, if any;
6.
The proximity of the noise to residential sleeping facilities;
7.
The nature and zoning of the area within which the noise emanates;
8.
The density of the inhabitation of the area within which the noise
emanates;
9.
The time of the day or night the noise occurs;
10.
The duration of the noise;
11.
Whether the noise is recurrent, intermittent or constant; and
12.
Whether the noise is produced by a commercial or noncommercial activity.
[Added by Ord. #1587, § 4706.12]
The Council enacts this legislation for the sole purpose of
securing and promoting the public health, comfort, safety and welfare
of its citizenry. While recognizing that the use of sound-amplifying
equipment is protected by the constitutional rights of freedom of
speech and assembly, the Council nevertheless feels obligated to reasonably
regulate the use of sound-amplifying equipment in order to protect
the correlative constitutional rights of the citizens of this community
to privacy and freedom from public nuisances of loud and unnecessary
noise.
[Added by Ord. #1587, § 4706.13]
It shall be unlawful for any person, other than personnel of
law enforcement or governmental agencies, to install, use or operate
within the City a loudspeaker or sound-amplifying equipment in a fixed
or movable position or mounted upon any sound truck for the purposes
of giving instructions, directions, talks, addresses, lectures or
transmitting music to any persons or assemblages of persons in or
upon any street, alley, sidewalk, park, place or public property without
first filing a registration statement and obtaining approval thereof
as set forth in this section.
[Added by Ord. #1587, § 4706.14]
a.
Registration Statements; Filing. Every user of sound-amplifying equipment
shall file a registration statement with the Police Chief 14 days
prior to the date on which the sound-amplifying is intended to be
used, which statement shall contain the following information:
1.
The name, address and telephone number of both the owner, user and
operator of the sound-amplifying equipment;
2.
The maximum sound-producing power of the sound-amplifying equipment,
which shall include the wattage to be used, the volume in decibels
of sound which will be produced and the approximate distance for which
sound will be audible from the sound-amplifying equipment;
3.
The license and motor number if a sound truck is to be used;
4.
A general description of the sound-amplifying equipment which is
to be used;
5.
Whether the sound-amplifying equipment will be used for commercial
or non-commercial purposes.
b.
Registration Statement Amendment. All persons using or causing to
be used sound trucks for noncommercial purposes shall amend any registration
statement filed pursuant to Paragraph a of this subsection within
48 hours after any change in the information therein furnished.
c.
Registration and Identification. The Police Chief shall return to
each applicant under Paragraph a of this subsection, one copy of the
registration statement duly certified by the Police Chief as a correct
copy of the application. The certified copy of the application shall
be in the possession of any person operating the sound truck at all
times while the sound truck's sound-amplifying equipment is in operation,
and said copy shall be promptly displayed and shown to any policeman
of the City of Compton upon request.
d.
Regulations for Use. Noncommercial use of sound trucks in the City
of Compton with sound-amplifying equipment is in operation shall be
subject to the following regulations:
1.
The only sounds permitted are music or human speech.
2.
Operations are permitted for four hours each day, except on Sundays
and legal holidays when no operations shall be authorized. The permitted
four hours of operation shall be between the hours of 11:30 a.m. and
1:30 p.m. and between the hours of 4:30 p.m. and 6:30 p.m.
3.
Sound-amplifying equipment shall not be operated unless the sound
truck upon which equipment is mounted is operated at a speed of at
least 10 miles per hour except when the truck is stopped or impeded
by traffic. Where stopped by traffic the sound amplifying equipment
shall not be operated for longer than one minute at each such stop.
4.
Sound shall not be issued within 100 yards of hospitals, schools,
churches or courthouses.
5.
No sound truck with its amplifying device in operation shall be operated
on streets designed as the Downtown Business District.
6.
The human speech and music amplified shall not be profane, lewd,
indecent or slanderous.
7.
The volume of sound shall be controlled so that it will not be audible
for a distance in excess of 100 feet from the sound truck and so that
the volume is not unreasonably loud, raucous, jarring, disturbing
or a nuisance to persons within the area of audibility.
8.
No sound-amplifying equipment shall be operated with an excess of
15 watts of power in the last stage of amplification.
[Added by Ord. #1587, § 4706.15]
a.
License Required. No person shall operate or cause to be operated
any sound truck in the City for commercial advertising purposes with
sound-amplifying equipment in operation unless a license has been
obtained from the City Clerk. The fee for said license shall be $100
annually, $30 monthly or $10 per day.
b.
Application for License. Persons applying for the license required under Paragraph a shall file with the Police Chief an application in writing, giving in said application the information required in the registration statement under Subsection 7-12.15a.
c.
Issuance of License. The City Treasurer shall issue a license under
Paragraph a of this subsection upon payment of the required license
fee unless the application required in Paragraph b of this subsection
reveals that the applicant would violate the regulations prescribed
in Paragraph d of this subsection or the provisions of some other
ordinance of this City.
d.
Possession and Display of License. A licensee shall keep such license
in his possession in the sound truck during the time the sound truck's
sound-amplifying equipment is in operation. The license shall be promptly
displayed and shown to any policeman of the City upon request.
e.
Regulations for Use. No person shall operate or cause to be operated
any sound truck for commercial sound advertising purposes in violation
of the regulations set forth in Paragraph d of this subsection.
|
Part 3: Other Noise-Making Devices or Noise-Producing
Activities
|
[Added by Ord. #1598, § 4708]
The provisions of Subsection 7-12.18 et seq. shall not apply to construction, operation, maintenance and repairs of equipment, apparatus or facilities of essential public services and facilities, including those public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.
[Added by Ord. #1577, § 4708.1]
No person shall sound any horn or signaling device on any automobile,
motorcycle, streetcar or other vehicle on any street or public place
of the City, except in the performance of a duty imposed by law, or
as a warning of danger.
[Added by Ord. #1577, § 4708.2]
No person shall blow any locomotive steam whistle or steam whistle
attached to any stationary boiler except in the performance of a duty
imposed by law, or as a warning of danger, or as a signal of the time
to commence or stop work.
[Added by Ord. #1577, § 4708.3]
No person shall discharge into the open air the exhaust of any
steam engine or stationary internal-combustion engine except through
a muffler or other device which effectively will reduce such loud
or explosive noises.
[Added by Ord. #1577, § 4708.4]
a.
Excessive Muffler and Exhaust Noise. Modification or alteration of
motorcycle mufflers or exhaust chamber is prohibited where such modification
or alteration produces noise in excess of the noise emitted when the
motorcycle was new.
b.
Excessive Noise While Idling. It shall be a nuisance for a motorcycle
operator to cause excessive noise while stopped, whether at traffic
signals or in the process of starting, stopping or parking the motorcycle.
[Added by Ord. #1577, § 4708.5]
No person shall cause or permit any work to be done or do any
work on the erection (including excavation), unless the noise caused
thereby is confined within a building, or use any pile driver, steam
shovel, pneumatic hammer, derrick, steam or electric hoist, unless
the noise caused thereby is confined within a building, other than
between the hours of 7:00 a.m. and 7:00 p.m. on Monday through Saturday,
except in cases of urgent necessity in the interest of public health
and safety and then only with a permit from the Building Official.
No such permit shall be granted for a period of more than three days,
but may be renewed from time to time so long as the emergency exists.
[Ord. #856, § 4708.6]
No person shall cause or permit any manufacturing operation, process or work incident thereto to be done in any M-1 Zone in the City, as this zone is defined by Chapter 30, or within 100 yards of any portion of the City declared by Chapter 30 to be zoned for dwelling purposes, except between the hours of 7:00 a.m. and 12:00 midnight on Monday through Saturday unless the noise produced or caused thereby or therefrom cannot be heard at a distance of more than 50 feet from the building or lot in which or on which such manufacturing operation, process or work incident thereto is being carried on or done. "Lot" as used in this section shall mean the same as it is defined in Chapter 30.
[Added by Ord. #1577, § 4708.7]
In the M-1 and M-2 Zones established by Chapter 30, between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday and all day on Sunday, the following activities shall be prohibited unless the noise created thereby is confined in a building: Any commercial or manufacturing activity, including, but not limited to, the operation of a pneumatic or electrical hammer, chipper or press, the striking of metal against metal, or the operating of a riveting gun. In case of urgent necessity and in the interests of the public health and safety, such operations may be permitted, but only upon the issuance of a permit by the Building Department. Such permit shall be limited to a maximum of three days but may be renewed from time to time as long as the emergency exists. For the purposes of this section, "building" shall be defined as a permanently located structure enclosed on all sides by walls and having a roof.
[Added by Ord. #1577, § 4708.8]
No person shall cause or permit any delivery to any commercial
zone in the City, as said zones are defined in this Code, between
the hours of 11:00 p.m. and 6:00 a.m. so as to produce or cause any
noise thereby or therefrom which can be heard at a distance of more
than 50 feet from any building or lot in the P-1 Zone or in any residential
zone as defined in this Code, which P-1 or residential zone is actually
used for residences.
[Added by Ord. #1577, § 4708.9]
No person shall keep any animal, bird or fowl which, by making
or causing frequent or long-continued noises, shall disturb the comfort,
peace or repose of any person in the vicinity of such place where
such animal, bird or fowl is kept.
[Ord. #1743, §§ 1 — 4]
a.
It shall be unlawful for any driver, passenger in or owner of a vehicle
to make, continue, or cause to be made or continued any excessive,
unnecessary or unusually loud noise emanating from vehicle radios
or other sound devices which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others, within the
limits of the City whether the vehicle is on private or public property.
The prohibitions set forth in this subsection shall apply to vehicles
and motor vehicles.
b.
That the using, operating or permitting to be played, used or operated
any vehicle radio receiving set, or other machine or device for the
producing or reproducing of sound in such a manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants, other vehicle
passengers or operations, or other persons in the public is hereby
prohibited.
c.
That the standards which shall be considered in determining whether
a violation of this subsection exists shall include but shall not
be limited to the following:
1.
The volume of the noise;
2.
The intensity of the noise;
3.
Complaints of citizens; and
4.
Distance from which the noise can be heard.
|
The operation of any such radio or sound devices in such a manner
as to be plainly audible at a distance of 25 feet from the vehicle
in which it is located shall be prima facie evidence of a violation
of this subsection.
|
d.
Exemptions. This subsection shall not prohibit or inhibit the operation
of emergency vehicles, law enforcement functions or other authorized
City functions. The City Council may upon its own motion or through
an application process, grant other exemptions.
[Ord. #1916, § 1; Ord. #2263 § 1]
a.
LOUD NOISE
LOUD OR UNRULY PARTIES OR GATHERINGS
RESPONSIBLE PERSON
WRITTEN REIMBURSEMENT NOTICE
Definitions. Unless the context or subject matter otherwise requires,
terms defined herein shall have the following meaning when used in
this section:
Shall mean any sound or any recording thereof when amplified
or increased by any electrical, mechanical, or other device to such
volume, intensity or carrying power as to unreasonably interfere with
or disturb the peace and quiet of other persons of normal sensitiveness
within the area.
Shall mean a gathering of two or more people on private property
which is determined by law enforcement personnel at the scene to constitute
a violation of the Compton Municipal Code or California Penal Code
or is otherwise disruptive to the public peace, health, safety or
welfare due to the loud noise, the magnitude of the crowd, the disturbances
or unruly behavior of those attending the party or gathering, illegally
parked vehicles blocking other traffic or fire access or destruction
of property.
Shall mean the person or persons who own, lease, reside or
is in charge of the premises where the loud or unruly gathering or
party takes place; or the person or persons who organized the loud
or unruly gathering or party. If the responsible person is a minor,
then the parents or legal guardians of that minor are also responsible
persons whether or not they are present at the gathering or party.
All responsible persons, as defined herein, are deemed to have caused
or permitted the loud or unruly gathering or party and are responsible
for and may be charged with a violation of this subsection; provided,
however, a property owner who is not present at the gathering or party
may not be charged with a violation of this subsection unless the
absentee owner had knowledge that the gathering or party was occurring,
was planned to occur or reasonably should have known the gathering
or party would occur. This exception does not apply to a parent or
guardian of a responsible person who is a minor.
Shall mean a written notice issued by a law enforcement officer to the responsible person pursuant to Subsection 7-12.29 that a violation is taking place and that the disturbance must cease and that if law enforcement personnel are required to respond to the property to address another violation within a one-year period the responsible person may be liable to reimburse the City all costs and expenses incurred for the subsequent response.
b.
Loud or Unruly Parties/Gatherings Prohibited. Unless authorized by
the City or is otherwise legally permitted, it shall be unlawful for
any responsible person or persons to organize, cause or permit a loud
or unruly party or gathering.
1.
The characteristics and conditions, which may be considered in determining
whether such loud party or gathering violates the provisions of this
subsection shall include, but not be limited to the following:
(a)
The volume of the noise;
(b)
The intensity of the noise;
(c)
The proximity of the noise to sleeping facilities;
(d)
The nature and zoning of the area within which the noise emanates;
(e)
The density of the inhabitation of the area within which the
noise emanates;
(f)
The time of the day or night the noise occurs;
(g)
The duration of the noise;
(h)
Whether the noise is recurrent, intermittent or constant;
(i)
Whether the noise is produced by a commercial or noncommercial
activity.
c.
Loud or Unruly Parties/Gatherings; Prima Facie Violation. The following
shall constitute evidence of prima facie violation of this subsection;
provided, however, that inclusion herein shall not be construed as
limiting the activities which may be found to violate this section.
A party or gathering where:
1.
Noise emanating from or attributable to the party or gathering is
audible from a distance of at least 50 feet or more from the property
line of the property where the party or gathering is taking place;
or
2.
Persons present at the party or gathering are acting in a wild, unruly,
uncontrollable manner which is disruptive to neighbors; or
3.
The number of persons present violates the fire code, presenting
a fire or safety hazard; or
4.
Persons present at the party or gathering have caused or are causing
destruction to property of others.
d.
Loud or Unruly Parties/Gatherings; Declared a Public Nuisance. Loud
or unruly parties or gatherings as defined in this subsection are
hereby declared to be a public nuisance and may be abated as set forth
herein or as otherwise provided by law. Law enforcement personnel
are authorized to take all actions and give all directions and orders
that may be necessary to abate the nuisance, violation or condition,
including the giving of verbal warnings, the arrest of, or the issuance
of citations to the responsible person or persons, and any others
who are in violation of this subsection or any other state statute
or local ordinance.
[Ord. #2263 § 2]
a.
Written Reimbursement Notice. If, after issuance of the written reimbursement notice as required by this section, law enforcement personnel are required to respond to the property to address another violation of Subsection 7-12.28 within a one-year period after issuance of said notice, then the responsible person or persons, as defined in Subsection 7-12.28 above, shall be jointly and severally liable for all actual costs and expenses incurred by the City during the second or subsequent responses.
1.
Law enforcement personnel responding to a loud party or gathering complaint may issue a written reimbursement notice to the responsible person when if within a one-year period after the initial response law enforcement personnel are again required to respond to the property to address a violation of Subsection 7-12.28, then the responsible person shall be liable to reimburse the City for all costs and expenses incurred by law enforcement personnel during the second or subsequent responses for violations of such subsection.
b.
Reimbursement of Cost and Expenses. All responsible persons for causing
or permitting a loud party or gathering, which requires a second or
subsequent response, as described herein above are jointly and severally
liable for the following costs and expenses incurred by the City:
1.
The actual cost incurred by the City for the services of the law
enforcement personnel for each response after the initial response;
2.
Damage to public property incurred in the course of any second or
subsequent response by law enforcement personnel; and
3.
Injuries to any law enforcement or emergency service personnel involved
in a second or subsequent response.
c.
Computation of Costs. The Los Angeles County Sheriff's Department,
Compton Station shall accurately compute the costs of providing such
additional services pursuant to the current Municipal Law Enforcement
Agreement with the City at the rates set forth on the Los Angeles
County Sheriff's Department SH-AD 575 Deployment of Personnel Form,
of said Agreement, and advise the City Manager, or his/her designee,
of such costs, as well as any other costs related to damage to public
property resulting from the use of such additional law enforcement
services. The responsible person shall be billed for these costs by
the City Manager, or his/her designee, upon notice of the charges
from the Compton Sheriff's Department and payment shall be due and
payable within 15 days of the billing date. If the amount due is not
paid by the responsible person within the allotted time, the City
may collect the debt, as well as any fees and costs incurred in its
collection, pursuant to any and all applicable provisions of law.
d.
Written Notice to Responsible Persons. Any law enforcement agency
delegated by the City to enforce the provisions of this section is
authorized and directed to prepare appropriate advisory procedures
to be followed by its law enforcement officers in response to loud
parties or unruly gatherings, including preparation of written materials
advising the responsible person of the provisions of this subsection.
[Ord. #856, § 4300]
No person shall create, cause, commit or maintain within the
City, either on public or private property, a public nuisance, as
the same is hereafter defined in the following subsections of this
section.
[Amended by Ord. #1595, § 4300.1]
It is hereby declared to be a public nuisance to do any of the
following:
a.
Maintain anything which is injurious to health, or is indecent or
offensive to the senses, or is an obstruction to the free use of property,
or interferes with the comfortable or safe enjoyment of life or property
by the entire community or by any considerable number of persons in
the City, or unlawfully obstructs the free passage or use, in the
customary manner, of any river, bay, stream, canal or basin, or any
public park, or street; or to place, keep, store or maintain any lumber,
stone, rock, pipe, machinery, equipment or debris upon any property
within any residential district, unless the same is to be immediately
used in the erection or construction of a building, for which a building
permit has been obtained, unless such person so placing, keeping,
storing or maintaining said material and equipment first obtains a
permit from the City Manager so to do.
b.
Throw, place or deposit any debris upon the property of another.
c.
Maintain, own, operate, manage any place of business, establishment
or room in a place of business or establishment from which minors
are not excluded, and which said room or establishment has as one
of its purposes or its sole purpose the sale, distribution, exhibition
or display of devices, contrivances, instruments or paraphernalia
for smoking or injecting marijuana, hashish, PCP, or any controlled
substances, other than prescription drugs or devices to ingest or
inject prescription drugs, including roach clips, and cigarette papers
and rollers designed and used for smoking the foregoing, is hereby
declared to be a public nuisance, and may be abated pursuant to the
provisions of Section 731 of the Code of Civil Procedure of the State
of California. This remedy is in addition to any other remedy provided
by law, including the penalty provisions applicable for violation
of the terms and provisions of this Code.
[Added by Ord. #1577, § 4709]
a.
Merchandise or Signs or Public Property. No person shall place any
merchandise or article of personal property upon any property between
the building line of any building and the public sidewalk, public
street, parkways, within the business district, or without, or any
other area, without first having gotten written permission from the
City Council. Nor shall any person place any sign, or display any
merchandise or article of personal property between the building line
of any building thereon and the public sidewalk where the owner of
such property permits or consents to the public using such property
as a thoroughfare.
b.
Soliciting Business on Public Streets. No owner or employee of any
place of business where goods are sold or offered for sale, or where
any service is rendered, shall use any portion of the sidewalk in
front of such place of business or adjacent thereto or elsewhere for
the purpose of soliciting, requesting or enticing any other person
to enter any such place of business to examine, purchase or give any
order for the purchase of any goods; and no such person shall solicit,
request or entice any person to enter any such place of business to
bargain for or avail himself of the service rendered by or in any
place of business.
[Added by Ord. #1577, § 4709.1]
a.
The provisions of this subsection do not apply to boxes, barrels
or other receptacles containing merchandise delivered to any person
whose building or business abuts the public property referred to above.
These receptacles may be unpacked and their contents removed provided
that the contents are removed immediately and such receptacles are
immediately removed from the property.
b.
The provisions of this subsection do not apply to any box or receptacle
placed upon any property for the purpose of receiving bakery or dairy
products.
[Ord. #1577, § 4709.2; Ord. #1694, § 1;
Ord. #1990, § 1]
a.
Public Property. No person or persons, after first being warned by
a law enforcement officer, or where a sign or signs prohibiting loitering
has been posted, shall willfully and maliciously loiter, stand, sit
or lie in or upon any public street, sidewalk, walkway area or mall
so as to create or cause to create any of the following:
1.
Hinder or obstruct the free passage of pedestrians thereon; or
2.
Block, obstruct, or prevent the free access to the entrance to any
building open to the public; or
3.
Stand in any roadway other than in a safety zone or in a crosswalk
if such action obstructs or impedes the lawful movement of traffic.
This provision shall not apply to any public officer or employee,
or employee of a public utility when necessarily upon street in line
of duty.
b.
Private Property Open to Public. No person or persons, after first
being warned by a law enforcement officer, or where a sign or signs
prohibiting loitering has been posted, shall willfully and maliciously
loiter, stand, sit or lie in or upon any portion of private property
utilized for public use, so as to create or cause to create any of
the following:
1.
Hinder or obstruct the free passage of pedestrians thereon; or
2.
Block, obstruct, or prevent the free access to the entrance to any
building open to the public; or
3.
Stand in any roadway other than in a safety zone or in a crosswalk
if such action obstructs or impedes the lawful movement of traffic.
This provision shall not apply to any public officer or employee,
or employee of a public utility when necessarily upon street in line
of duty.
c.
Without Lawful Purpose.
1.
Every person who shall loiter or wander without apparent reason or business, and who refuses to identify himself and account for his presence when requested to so do by a peace officer, if the surrounding circumstances are such as to indicate to a reasonable person that the public safety demands such identification, shall be guilty of loitering. Loitering, as used in this section, is defined in Subsection 7-2.3 of this Code.
d.
Nothing contained herein shall be deemed to prohibit persons from
sitting on public benches or other public facilities provided for
such purposes.
[Ord. #1888, § 1]
a.
No person shall enter or be present upon any private property or
portion of private property not open to the general public without
the consent of the owner, the owner's agent, or the person in lawful
possession, where signs forbidding entry are displayed as provided
in Paragraph f.
b.
No person shall enter upon any private property or portion of private
property, not open to the general public, who within the immediately
preceding six months was advised as follows: to leave and not return,
and that if he or she returns to the property within six months of
the advisement he or she will be subject to arrest. This advisement
must be made by the owner, the owner's agent, the person in lawful
possession or a peace officer at the request of the owner, owner's
agent, or person in lawful possession. The advisement shall be documented
in writing by the individual making it and shall include the name
of the person advised, the date, approximate time, address and type
of property involved. Such documentation shall be retained for a minimum
period of one year. This subsection is not violated if a person so
advised enters the property within the designated six month period,
if he or she has been expressly authorized to do so by the owner,
the owner's agent or a person in lawful possession.
c.
Entry Requiring Express Consent of Owner.
1.
No person shall enter or be present upon private property not open
to the general public without the express consent of the owner or
the owner's agent when that person:
(a)
Has been convicted of any violation of the law involving narcotics,
prostitution, vandalism, weapons, disturbance of the peace, loitering,
threat to commit a violent act, or a violent act on same private property
not open to the general public, whether or not such property is posted
in accordance with Paragraph f; and
(b)
Has subsequent to the conviction been told to leave and not
return to that same property, by the owner, the owner's agent or a
peace officer, the request of the owner or the owner's agent.
2.
The request to leave must be made within six months of the date of
the conviction and shall be documented in writing by the individual
making the request. The documentation of the request shall include
the name of the person being requested to leave, the date, the approximate
time, the address and the type of property involved.
3.
This paragraph applies even if the person has the consent of a person
in lawful possession but does not apply to persons who have a right
of lawful possession to the subject property. An individual who has
the consent of the person in lawful possession may not be refused
entry by the owner or the owner's agent for a period exceeding 12
months, computed from the date of the request.
d.
No person shall enter or be present upon any private property or
portion of private property open to the general public who within
the immediately preceding 24 hours was advised to leave and not return,
and that if he or she returns to the property within 24 hours of the
advisement, he or she will be subject to arrest. This advisement must
be made by the owner, the owner's agent, the person in lawful possession
or a peace officer at the request of the owner, owner's agent or the
person in lawful possession. A request to leave may be made only if
it is rationally related to the services performed or the facilities
provided.
e.
The term "private property" shall mean any real property, including
but not limited to, buildings, structures, yards, open spaces, walkways,
courtyards, driveways, carports, parking areas and vacant lots, except
land which is used exclusively for agricultural purposes, owned by
any person or legal entity other than property owned or lawfully possessed
by any governmental entity or agency.
f.
For purposes of Paragraph a, one sign must be printed or posted in
a conspicuous manner at every walkway and driveway entering any enclosed
property or portion thereof and at a minimum of every 50 feet along
the boundary of any unenclosed lot. This requirement is met if at
least one sign is conspicuously printed or posted on the outside of
every structure on such property, so as to be readable from each walkway
and driveway entering such property. The sign shall state as follows:
|
THIS PROPERTY CLOSED TO THE PUBLIC
|
|
No Entry Without Permission C.M.C. § 7-14.4
|
The language "THIS PROPERTY CLOSED TO THE PUBLIC No
Entry Without Permission" on said sign shall be at least two inches
high.
g.
When a peace officer's assistance in dealing with a trespass is requested,
the owner, owner's agent, or the person in lawful possession shall
make a separate request to the peace officer on each occasion. However,
a single request for a peace officer's assistance may be made to cover
a limited period of time not to exceed 12 months when such request
is made in writing and provides the specific dates of the authorization
period.
h.
This subsection shall not apply in any of the following instances:
(1) When its application results in, or is coupled with, any act prohibited
by the Unruh Civil Rights Act, or any other provision of law relating
to prohibited discrimination against any person; (2) when its application
results in, or is coupled with, an act prohibited by Section 365 of
the California Penal Code, or any other provision of law relating
to the duties of innkeepers; (3) when public officers or employees
are acting within the course and scope of their employment or in the
performance of their official duties; or (4) when persons are engaging
in activities protected by the United States Constitution or the California
Constitution or when persons are engaging in acts which are expressly
required or permitted by any provision of law.
i.
Violation of any of the provisions of this subsection shall be a
misdemeanor or an infraction.
j.
If any part or provision of this subsection, or the application thereof
to any person or circumstance, is held invalid, the remainder of this
section, including the application of that part or provision to other
persons or circumstances, shall not be affected thereby and shall
continue in full force and effect. To this end, the provisions of
this subsection are severable.
[1]
Editor's Note: Subsections 7-15.2 through 7-15.5, added by
Ordinance 1577 and previously contained herein, have been repealed
in their entirety by Ordinance 1852.
[Added by Ord. #1577, § 4707.1; amended by Ord.
#1852, § 1]
a.
MOTORCADE
PARADE
Definitions:
Shall mean an organized procession containing 25 or more
vehicles, except funeral processions, upon any public street, sidewalk
or alley.
Shall mean any march or procession consisting of people,
animals or vehicles, or combination thereof, except funeral processions,
upon any public street, sidewalk or alley, which does not comply with
normal and usual traffic regulations or controls.
b.
Permits. It shall be unlawful for any person to conduct a parade
or motorcade in or upon any public street, sidewalk, or alley in the
City or knowingly participate in any such parade or motorcade unless
and until a permit to conduct such parade or motorcade has been obtained
from the Chief of Police, or, as hereinafter provided, from the City
Council.
c.
Parade or Motorcade for Commercial Purpose Prohibited. No permit
shall be issued authorizing the conduct of a parade or motorcade which
the City Council finds is proposed to be held for the sole purpose
of advertising any product, goods, wares, merchandise, or event, and
is designed to be held purely for private profit.
d.
Interference with Parade or Motorcade. No person shall knowingly
join or participate in any parade or motorcade conducted under permit
from the City Council in violation of any of the terms of said permit,
nor knowingly join or participate in any permitted parade or motorcade
without the consent and over the objection of the permittee, nor in
any manner interfere with its progress or orderly conduct.
e.
Application for Permit. Any person who wants to conduct a parade
or motorcade shall apply to the City Council for a permit at least
30 days in advance of the date of the proposed parade or motorcade.
The City Council may in its discretion consider any application for
a permit to conduct a parade or motorcade which is filed less than
30 days prior to the date such parade or motorcade is to be conducted.
The application for such permit shall be made in writing on a form
approved by the City Council. In order that adequate arrangements
may be made for the proper policing of the parade or motorcade, the
application shall contain the following information:
1.
The name of the applicant, the sponsoring organization, the parade
or motorcade chairman and the addresses and telephone numbers of each.
2.
The purpose of the parade or motorcade, the date when it is proposed
to be conducted, the location of the assembly area, the location of
the disbanding area, route to be traveled and the approximate time
when the parade or motorcade will assemble, start and terminate.
3.
A description of the individual floats, marching units, vehicles,
bands, including a description of any sound amplification equipment
to be used.
4.
Such other information as the City Council may deem reasonably necessary.
f.
Issuance or Denial of Permit.
1.
Standards for issuance. The City Council shall issue a parade or
motorcade permit conditioned upon the applicant's written agreement
to comply with the terms of such permit unless the City Council finds
that:
(a)
The time, route and size of the parade or motorcade will disrupt
to an unreasonable extent the movement of other traffic.
(b)
The parade or motorcade is of a size or nature that requires
the diversion of so great a number of police officers of the City
to properly police the line of movement and the area contiguous thereto
that allowing the parade or motorcade would deny reasonable police
protection to the City.
(c)
Such parade or motorcade will interfere with another parade
or motorcade for which a permit has been issued.
2.
Standards for denial. The City Council shall deny an application
for a parade or motorcade permit and notify the applicant of such
denial where:
(a)
The City Council makes any finding contrary to the findings
required to be made for the issuance of a permit.
(b)
The information contained in the application is found to be
false or non-existent in any material detail.
(c)
The applicant refuses to agree to abide by or comply with all
conditions of the permit.
g.
Contents of Permits. In each permit the City Council shall specify:
1.
The assembly area and time therefor;
2.
The starting time;
3.
The minimum and maximum speeds;
4.
The route of the parade or motorcade;
5.
What portions of streets to be traversed may be occupied by such
parade or motorcade;
6.
The maximum number of platoons or units and the maximum and minimum
intervals of space to be maintained between the units of such parade
or motorcade;
7.
The maximum length of such parade or motorcade in miles or fractions
thereof;
8.
The disbanding area, and disbanding time;
9.
The number of persons required to monitor the parade or motorcade;
10.
The number and type of vehicles, if any;
11.
The material and maximum size of any sign, banner, placard or carrying
device therefor;
12.
The materials used in the construction of floats used in any parade
shall be of fire-retardant materials and shall be subject to such
requirements concerning fire safety as may be determined by the Fire
Chief;
13.
That Permittee advise all participants in the parade or motorcade
either orally or by written notice, of the terms and conditions of
the permit, prior to the commencement of such parade or motorcade;
14.
That the amplification of sound permitted to be emitted from sound
trucks, or bull horns, be fixed and not variable;
15.
That the parade or motorcade continue to move at a fixed rate of
speed and that any willful delay or willful stopping of said parade
or motorcade, except when reasonably required for the safe and orderly
conduct of the parade or motorcade, shall constitute a violation of
the permit, and;
16.
Such other requirements as are found by the City Council to be reasonably
necessary for the protection of persons or property.
All conditions of the permit shall be complied with so far as
reasonably practicable.
h.
Officials to be Notified. Immediately upon the granting of a permit
for a parade or motorcade, the City Council shall send a copy thereof
to the following:
i.
Revocation of Permit. Any permit for a parade or motorcade issued
pursuant to this Chapter may be summarily revoked by the City Council,
City Manager or Chief of Police at any time when by reason of disaster,
public calamity, riot or other emergency, the City Council, the City
Manager, or the Chief of Police determines that the safety of the
public or property requires such revocation. Notice of such action
revoking a permit shall be delivered in writing to the permittee by
personal service or by certified mail.
[Ord. #1693, Preamble]
It is the desire and intent of the City Council of the City
of Compton to eliminate the unlawful selling, storing, keeping, or
giving away of any controlled substance as defined under Health and
Safety Code Section 11000 et seq. within any and every building or
place in the City; and the unlawful selling, serving, storing, keeping,
or giving away of any controlled substance in any building or place
in the City is injurious to the health, safety, morals and general
welfare of the community, and interferes with the comfortable enjoyment
of life and property. Section 11570 of the Health and Safety Code
of California states: Every building or place used for the purpose
of unlawfully selling, serving, storing, keeping, or giving away controlled
substances as defined in this division, and every building or place
wherein upon which such acts take place, is a nuisance which shall
be enjoined, abated and prevented...; and Section 3479 of the Civil
Code of California defines "Nuisance" as: Anything which is injurious
to health, or is indecent or offensive to the senses, or an obstruction
to the free use of property, so as to interfere with the comfortable
enjoyment of life or property, or unlawfully obstructs the free passage
or use, in the customary manner,...of...any public park, square, street,
or highway, is a nuisance. The unlawful selling, serving, storing,
keeping, or giving away of any controlled substances as defined in
the Health and Safety Code within any building or place in the City
has debilitated family life in Compton causing severe damage to the
minds of thousands of citizens in Compton, over 200 drug related deaths,
and over 2,000 mental distress cases. The Compton Police Department
has identified through arrest records and Court records buildings
or places in the City of Compton used for the unlawful selling, storing,
keeping or giving away of controlled substances as defined in the
Health and Safety Code.
[Ord. #1693, § 4301]
a.
The City Council as the legislative authority finds and declares
that every and any building or place used for the purpose of unlawfully
selling, serving, storing, keeping, or giving away of any controlled
substances as defined under Section 11000 et seq. of the Health and
Safety Code a nuisance, whether public or private.
b.
The City Attorney pursuant to Section 11571 of the Health and Safety
Code is directed to recommend to the District Attorney to abate, prevent
and enjoin the unlawful selling, serving, storing, keeping or giving
away of any controlled substances within any building or place in
the City of Compton.
c.
The City Attorney shall send a certified copy of this section and a recommendation of abatement provided for in Subsection 7-16.3b, that any and every person who shall own, legally or equitably, lease, maintain, manage, conduct, or operate a building or place in the City which is declared to be a public or private nuisance as set forth and stated in Paragraph a of this subsection is deemed to be a person who has knowledge of such nuisance for the purpose of this section and is, thereafter, responsible for its maintenance, and shall be liable thereof.
[Ord. #1693, § 4302]
a.
The City Council may, upon its own motion or upon written charges filed with Council by the Chief of Police or the City Attorney, set a public hearing before the Council to determine if a nuisance as set forth in Subsection 7-16.2 and any other appropriate state or local laws, exist. At the hearing, the persons described in Subsection 7-16.2c shall be given an opportunity to appear, either personally or by counsel, to be heard, to defend themselves and they may call witnesses on their behalf.
b.
Upon a specific finding that a nuisance, as defined in Subsection 7-16.2a and any other appropriate state or local laws, exists in the City, the City Council, in applying provisions of this section to such nuisance, shall provide for the following by Resolution:
1.
Declare the fact that such nuisance exists.
2.
Set forth the description or legal description and street address
or location of the real property or place which constitutes a nuisance.
3.
Set forth evidentiary facts considered by the City Council in arriving at its factual determination that a nuisance exists, as defined in Subsection 7-16.2a.
4.
(Reserved)
6.
Order that a certified copy of the Resolution and a certified copy
of this section be delivered by personal service or first class mail
to all persons of record having legal or equitable interest in the
building or place where the nuisance exists and to any person who
shall lease, maintain, manage, conduct or operate the building or
place where the nuisance exists.
[Added by Ord. #1577, § 4705]
As used in this section:
Shall mean any sign or pamphlet which seeks to influence
the action of the voters either for the passage or defeat of a measure
appearing on the ballot at any national, state or local election,
or which seeks to influence the action of the voters either for the
election or defeat of a candidate for nomination or election to any
public office at any national, state or local election.
[Added by Ord. #1577, § 4705.1; amended by Ord.
#1871, § 1]
Notwithstanding anything to the contrary contained in this section,
political signs, political literature and political advertising shall
be permitted in the City subject to the terms and conditions set forth
in this section.
[Added by Ord. #1577, § 4705.2; amended by Ord.
#1871, § 2]
No person shall write, print, publish, post, sponsor or distribute
any political circular, pamphlet, letter, poster or other matter relating
to any political proposition, or to the candidacy of any candidate
for public office, or which advocates any political matter, action,
theory or system, or which contains a discussion of any public issue
unless there appear in or upon such circular, pamphlet, letter, poster
or publication the name of the person, or the name of the chairman
and secretary or the names of at least two officers of the political
or other organization issuing the same, or the name and residence,
with the street and number thereof, of a voter of the state who shall
be responsible therefor.
a.
Display and Distribution. No political placard, poster, bumper sticker,
political circular, pamphlet, photograph or other political material
designed to attract attention to any political proposition or to the
candidacy of any candidate for public office or which advocates any
political matter, action, theory or system shall be displayed on any
City building or property, upon a City vehicle, or upon any fixture
or equipment owned, operated or leased by the City of Compton or the
Compton Redevelopment Agency. Nor shall any person carry, distribute
or place on tables or chairs or any other furniture or fixtures in
any City building or property any political placard, poster, bumper
sticker, political circular, pamphlet, photograph or other political
material designed to attract attention to any political proposition
or to the candidacy of any candidate for public office, or which advocates
any political matter, action, theory or system.
[Added by Ord. #1577, § 4705.3]
Political signs which are displayed without prior approval of the Building Official or of the Council, as provided for in Subsection 7-17.2 of this section, shall be temporary, stationary and unlighted and shall not:
a.
Be erected earlier than 75 days before the election to which they
relate;
b.
Be attached to any utility pole, fence, tree or other vegetation
or upon any public right-of-way;
c.
Be located any closer than 500 feet from any freeway right-of-way;
d.
Be so situated that the face thereof can be viewed from any freeway
right-of-way;
e.
Be erected in such a manner that they will or reasonably may be expected
to interfere with; obstruct, confuse or mislead traffic;
f.
Be erected or placed at the intersection of any street, or within
the segment created by drawing an imaginary line between points 50
feet back from where the curbline of the intersection quadrant intersect;
g.
Be attached to any public structure, tree or improvement;
h.
Be attached to any private structure, tree or improvement without
the written consent of the owner or leaseholder; or
i.
Be permitted to remain for general election purposes on behalf of
an unsuccessful primary campaign candidate.
[Added by Ord. #1577, #4705.4; amended by Ord. #2141 § 2]
Political signs must:
a.
Be removed within 72 hours after the election to which they relate or if the signs are not removed the City shall remove the signs and deduct the actual costs of removal from the deposit set forth in § 7-17.5d; and
b.
Where consent to post on private property has been given, be the
responsibility of the owners or leaseholders of the property upon
which the signs are placed when not posted in accordance with the
provisions of this section; and
c.
Be deemed a public nuisance when not posted in accordance with the
provisions of this section and, upon three days' written notice, may
be removed by the Director of Public Works and stored in the City
Corporation Yard and, if not retrieved within 15 days from the date
of such removal, may be considered as abandoned and be disposed of
by the City without any liability therefor to any person.
d.
A mandatory refundable cleaning deposit in the amount of $500 shall
be collected upon filing your nomination papers for signs being posted
within the City for related election; and
[Added by Ord. #1577, § 4705.5]
The provisions of this section shall not apply to the following:
a.
Signs political in nature which are inside buildings although visible
from the exterior; and
b.
Signs posted by persons or corporations duly licensed to erect and
maintain outdoor advertising signs and billboards provided they are
in a location and are of such character as is authorized or permitted
under other provisions of this Code.
[Added by Ord. #1577, § 4705.6]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1593, 1913 and 2151.
[Ord. #2165, § 1]
The City Council may, on its own motion or at the request of
another entity, agency, department or member of the public, authorize
the offer of a reward for information leading to the determination
of the identity of, and the apprehension of and/or conviction of any
person whose willful misconduct results in injury or death to any
person, or whose willful misconduct results in damage or destruction
of property. The reward offer shall specify the person injured or
killed or the property damaged or destroyed, the date (if available)
the misconduct occurred, and the maximum amount of the reward to be
offered.
Conviction of the person or persons responsible for the crime
shall be required for payment of a reward unless the City Council
makes a finding of impossibility of conviction due to the death or
incapacity of such person or persons.
In the case of a juvenile, "conviction" shall be the sustaining
of a petition against the juvenile or other procedure which is the
equivalent of the conviction of an adult in a criminal court proceeding.
For the purposes of this section, a plea to a lesser offense
or diversion of the violator to a community service program or volunteer
work service program shall constitute a conviction.
[Ord. #2165, § 1]
[Ord. #2165, § 1]
For a claim for a reward to be considered, the information must
be received by the appropriate law enforcement agency within 180 days
of the reward offer, unless otherwise extended by motion of the City
Council not to exceed an additional 180 days.
[Ord. #2165, § 1]
Claims for reward offers must be submitted in writing to the
Office of the City Clerk within 90 days after conviction of the person
or persons responsible for the crime.
[Ord. #2165, § 1]
All claims for reward offers shall be in writing and provide:
[Ord. #2165, § 1]
Claims for reward offers are to be reviewed by a representative
from each of the following agencies and City departments: City Manager's
Office, City Attorney's Office, Los Angeles County Sheriff's Department
(Compton Station), and when appropriate the Municipal Law Enforcement
Services Department and Fire Department. The representatives shall
make recommendations to the City Council with regard to amounts and
distribution of the reward. If necessary, other affected City departments
and outside agencies will be consulted to determine the merit and
validity of a claim.
[Ord. #2165, § 1]
Any person or persons whose willful misconduct has resulted
in damage or destruction of any property of the City or any property
of any state or federal agency located within the City of Compton
shall be liable for the amount of any reward paid pursuant to this
section; and if the person is an unemancipated minor, his/her parent
or guardian shall also be liable for the amount of such reward.
[Ord. #2165, § 1]
No reward shall be payable to any person or persons who is/are:
a.
A law enforcement official or officer, elected official or public
employee in connection with the apprehension of and/or conviction
of any person or persons whose willful misconduct results in injury
death to any person, or in damage or destruction of property because
it is the legal or moral duty of such persons to assist in the apprehension
and/or conviction without payment of a reward.
b.
Involved in the misconduct which prompted the offer of the reward
by the City.
c.
Acting as an agent for the apprehended and/or convicted person or
persons or if the apprehended and/or convicted person or persons will
benefit from payment of the reward.
[Ord. #856, §§ 3605.1 — 3605.3]
As used in this section:
Shall mean a substantial fixed sign affixed not less than
three feet, nor more than six feet above the ground level at the place
of posting hereinafter specified, which sign shall consist of wood,
metal, or other substantial material, with a face of not less than
one square foot in area and upon which in letters not less than two
inches in height, either black against a white background or white
against a black background, appear the words "No Trespass."
Shall mean a line running from a "No Trespass" sign to another
"No Trespass" sign and such line need not conform to the legal boundary
or legal description of any lot, parcel or acreage of land. Only the
area within the "posted boundary" shall constitute "posted property,"
except as otherwise provided in this section.
Shall mean any property of a class specified in these subsections
pertaining to trespass which shall have been posted in the required
manner.
[Ord. #856, § 3605.4]
Any property may be posted against trespass in the manner provided
in this section and thereby become "posted property" subject to the
provisions of this section applicable to posted property, if such
property be used, or be designed to be used for any one or more of
the following purposes:
a.
An oil well, oil field, tank farm, refinery, compressor plant, absorption
plant, pipe line, pumping station or reservoir, used for the extraction,
treatment, handling, storage or transmission of oil, gas, gasoline,
petroleum or any product or products thereof.
b.
A gas plant, gas storage station, gas meter or regulator station,
gas odorant station, gas pipe line, or appurtenances, or any other
property used in the transmission or distribution of gas.
c.
A reservoir, dam, generating plant, receiving station, distributing
station, transformer, transmission line, or any appurtenances, used
for the storage of water for the generation of hydroelectric power,
or for the generation of electricity by water or steam or by any other
apparatus or method suitable for the generation of electricity, or
for the handling, transmission, reception, or distribution, of electric
energy.
d.
The transmission of telegraphic or telephonic messages, or radio
communication system.
e.
A dam, reservoir, pumping plant, aqueduct, canal, tunnel, siphon,
conduit, or any other structure facility or conductor, for storing,
diverting, conserving, treating, or conveying, water for public use.
f.
The production, storage or manufacture of munitions, potash, soda
ash, borax, cement, chemicals, minerals, dynamite, giant powder, gun
powder, or other explosive.
g.
A railroad bridge, tunnel, shop, yard, or other railroad facility.
h.
A hangar or mechanical shop used in connection with the training
of cadet flyers for the United States Government of any of the armed
services thereof.
i.
Any use appurtenant or incidental to any of the uses above described.
[Ord. #856, § 3605.5]
Any property of a class or classes described in the preceding
section may be posted against trespass in the following manner:
a.
Any such property, if it be not enclosed within a fence and if it
be of an area not exceeding one acre, and if it have no lineal dimension
exceeding one mile, by posting "No Trespass" signs at each corner
of the area so posted and at each entrance thereto.
b.
Any such property, if it be not enclosed within a fence and if it
be of an area exceeding one acre, or if it contain any lineal dimension
exceeding one mile, by posting "No Trespass" signs along or near the
exterior boundaries of the area so posted at intervals of not more
than 600 feet and also at each corner thereof, and, if such property
have definite entrance or entrances thereto, at each such entrance.
c.
Any such property, it if be enclosed within a fence and if it be
of an area not exceeding one acre and if it have no lineal dimension
exceeding one mile, by posting "No Trespass" signs at each corner
of such fence and at each entrance thereto.
d.
Any such property, if it be enclosed within a fence and if it be
of an area exceeding one acre or if it have any lineal dimension exceeding
one mile, by posting "No Trespass" signs on, or along the line of,
such fence at intervals of not more than 600 feet and also at each
corner thereof and at each entrance thereto.
e.
Any such property, if it consists of poles or towers or appurtenant
structures for the suspension of wires or other conductors for conveying
electricity or telegraphic or telephonic messages, by affixing upon
two or more sides of such poles or towers "No Trespass" signs but
such posting shall render only the pole or tower or appurtenant structure
"posted property."
[Ord. #856, §§ 3605.6 — 3605.9]
No person shall enter upon, on, or go across any "posted property"
without the written permission of the owner, tenant, or occupant in
legal possession or control thereof.
a.
Removal of Sign. No person shall without authority tear down, deface
or destroy any "No Trespass" sign posted under the provisions of this
section.
b.
Loitering. No person shall loiter in the immediate vicinity of any
"posted property."
c.
Exceptions. This section does not apply to any entry, in the course
of duty, of any peace or police officer or other duly authorized public
officer, nor does it apply to the lawful use of an established and
existing right-of-way for public road purposes.
[Ord. #856, § 3606]
No person shall knowingly make or give any false report to any
public official or employee of the City with the intent or for the
purposes of having said public official or employee act upon the same.
[Ord. #2285]
The public streets and other public areas within the City should
be readily accessible and available to residents and the public at
large. The use of these areas for camping purposes, storage of personal
property, and sleeping interferes with the rights of others to use
the areas for which they were intended. In addition, using such areas
in a manner different than what the area was designed for creates
a risk of harm to all users.
[Ord. #2285; amended 7-2-2019 by Ord. No. 2313]
For purposes of this section, the following definitions shall
apply:
In light of all of the circumstances, residing in or using
a public park or other public property for living accommodation purposes
such as making preparations to sleep overnight, including the laying
down bedding for the purpose of sleeping or storing personal belongings,
blankets, sheets, other bedding material, luggage, backpacks, kitchen
utensils, cookware and similar material; erecting, maintaining or
occupying any structure with natural or artificial material, including
a building or tent; making any fire or using any tents; regular cooking
of meals; living in a parked trailer, camper shell, motor home, or
any vehicle; or setting up or using any camp paraphernalia.
Includes, but is not limited to, tents, huts, temporary shelters,
parked trailers, camper shells, motor homes or any vehicle.
Includes, but is not limited to, tarpaulins, cots, beds,
bed rolls, sleeping bags, hammocks, shopping carts, recyclable material
and/or non-City-designated cooking facilities and similar equipment,
or personal possessions that would facilitate one's use of a park,
public property, or any portion of the public right-of-way as a temporary
residence.
Any public park, public street, alley, lane, public right-of-way,
or any public parking lot or public area whether improved or unimproved.
Any temporary and available housing shelter that offers free
overnight indoor sleeping accommodations to the unsheltered individual.
Shelter space shall be considered available if:
Shelter space shall not be considered available if:
In the case of a family unit, the family would have to be separated
into two or more different shelter spaces;
The individual would be disqualified from accessing a shelter
space due to any restrictions, rules or covenants beyond their use
or control; or
The shelter space required mandatory participation in a program
or act as a prerequisite to access or use of the shelter space.
In light of all of the circumstances, to put aside or accumulate
for use when needed, to put for safekeeping, to place or leave in
a location any personal property on public property.
An individual that lacks a fixed, regular and nighttime residence
and lives in a vehicle, a RV/camper, tent, van or on the street or
in any other makeshift shelter.
Includes any vehicle that is self-propelled or a device by
which any person or property may be propelled, moved, or drawn upon
a highway. "Vehicle" does not include a self-propelled wheelchair,
invalid tricycle, or motorized quadricycle when operated by a person
who, by reason of physical disability, is otherwise unable to move
about as a pedestrian.
[Ord. #2285]
Unless otherwise permitted by law, it shall be unlawful for
any person to camp or use camp paraphernalia and/or camp facilities
in or on any public park, street, sidewalk or other public property.
[Ord. #2285]
Except as otherwise permitted, it shall be unlawful for any
person to store personal property, including camp facilities and/or
camp paraphernalia, in or on any public park, street, sidewalk, or
other public property.
[Ord. #2285]
Except as otherwise permitted, it shall be unlawful for any
person to sleep in or on any public street, sidewalk, walkway, or
other public ways intended for pedestrian or vehicular use, public
park, grounds of City-owned and/or City-maintained buildings, facilities
or other improved City-owned or maintained by the City.
[Ord. #2285; amended 7-2-2019 by Ord. No. 2313]
a.
Unless otherwise permitted by law, it is unlawful for any person
to occupy any parked trailer, camper shell, motor home, or any vehicle
located in any public park or other public place or on any public
street for the purpose of living or sleeping.
b.
For purposes of this section, occupying for the purpose of "living
or sleeping" shall include, but not be limited to, acts of sleeping,
living in, occupying as a dwelling or any other sojourn or stay within
the vehicle not directly related to driving the vehicle.
[Added 7-2-2019 by Ord. No. 2313[1]]
a.
The following enforcement procedures shall apply to persons found to be in violation of any subsection of § 7-20:
[Ord. #2285]
a.
The following notice procedures shall apply to camps and/or camp
facilities located in or on public property which are inhabited by
10 or more individuals who have been in place for more than 30 days:
1.
Approximately 10 days prior to undertaking a clean-up, the City shall
make reasonable efforts to provide informal notice to any present
occupants of the camp and/or camp facilities through face-to-face
communications and/or distribution of informational flyers, as deemed
appropriate.
2.
At least 72 hours prior to undertaking a clean-up, the City shall seek to provide written notice of the intended clean-up by posting and/or distributing written notice in a manner which is reasonably calculated to provide notice to any occupants of the camp and/or camp facilities. The written notice of intended clean-up shall be in substantially the form specified in Subsection 7-20.8c, below.
b.
The following notice procedures shall apply to camps and/or camp
facilities which are either inhabited by fewer than 10 individuals
or have been in place for fewer than 30 days:
1.
At least 72 hours prior to undertaking a clean-up, the City shall seek to provide written notice of the intended clean-up by posting and/or distributing written notice in a manner which is reasonably calculated to provide notice to any occupants of the camp and/or camp facilities. The written notice of intended clean-up shall be in substantially the form specified in Subsection 7-20.8c, below.
c.
The written notice of intention to enforce and clean-up a camp and/or
camp facility shall be in substantially the following form:
|
NOTICE OF CODE ENFORCEMENT AND CLEAN-UP
| ||
|
The City of Compton shall be enforcing provisions of the Compton
Municipal Code which prohibit the placement or storage of temporary
shelters, personal property, or trash and refuse in public areas of
the City.
| ||
|
The clean-up shall take place in the vicinity of:
| ||
|
Address or Description of Location
| ||
|
at any time following expiration of 72 hours after the date of this Notice. Any individuals storing personal property within this area are in violation of § 7-20 of the Compton Municipal Code. At the time the clean-up takes place, the City of Compton shall remove any and all temporary shelters, personal property, and trash and refuse from this area.
| ||
|
Personal property will be stored without charge for a
period of 90 days. Individuals wishing to reclaim personal
property collected by the City as part of this clean-up may do so
by contacting:
| ||
|
City Staff Name and Title
|
at
|
Phone Number
|
|
during the period of 90 days following the date of the clean-up.
Any items of personal property not claimed within that time may be
disposed of by the City.
| ||
|
Continued violations may result in citation and/or arrest
pursuant to the following laws:
| ||
|
[ ] Compton Municipal Code 7-20 (prohibited activities in City
public areas) and,
| ||
|
[ ] California Penal Code § 647(e) (lodging in a public
or private place without permission of the owner).
| ||
|
Location of Notice:
| ||
|
Date of Notice:
| ||
[Ord. #2285]
a.
The City shall collect and dispose of any solid waste, trash, debris,
junk, garbage, or refuse which does not reasonably appear to belong
to any individual or if the apparent owner has expressly authorized
disposal.
b.
The City shall photograph the area where clean-up is to occur to
document site conditions before and after the clean-up.
[Ord. #2285]
a.
Personal property will be stored at no charge to the owner for a
period of at least 90 days, during which time the property will be
available to be reclaimed by the owner. After the expiration of 90
days, any unclaimed property may be disposed of by the City as deemed
appropriate.
b.
After the removal of personal property, the City shall post a written
notice of property retrieval in substantially the following form:
|
CITY OF COMPTON NOTICE OF PROPERTY RETRIEVAL
|
|
On _________ (date), 20 _____, at _______ (time) a.m./p.m.,
the City of Compton conducted a clean-up at the following location:
|
|
Address or Description of Location
|
|
and removed personal property that was left in the area. Individuals
wishing to reclaim personal property that may have been collected
by the City as part of the clean-up may do so by contacting
|
|
City Staff Name and Title
|
|
at
Phone Number
|
|
for a period of 90 days following the date of the clean-up.
If the property is not claimed by _________ (date), it will be disposed
of by the City.
|
[Added by Ord. #1577, § 4710.1]
No person, without first obtaining permission from the Chief
Building Inspector, shall cut down or remove any tree or shrub within
any street, parkway or public alley. It shall be a misdemeanor for
any person to maliciously damage, deface or destroy any such tree
or shrub.
[Added by Ord. #1577, § 4710.2]
No person, without first obtaining permission from the Chief
Building Inspector, shall plant any tree within the public right-of-way,
nor shall any person plant any species of tree or shrub not approved
by the Chief Building Inspector.
[Added by Ord. #1577, § 4710.3]
No person, with intent gratuitously to avail himself of the
entertainment of recreation furnished or the privileges conferred
therein, shall enter any theater, stadium, athletic club, ball park,
tennis court, bathing plunge or other place of amusement, entertainment
or recreation, for admission to which an admission fee or membership
fee is charged, without first paying such admission fee or membership
fee; provided, however, that any person who is a bona fide guest of
a member of any club may enter such club in accordance with the rules
thereof, and provided further that any person may enter any place
which is within the purview of this subsection with the consent of
the owner or manager thereof; and provided further that this section
shall not be deemed to apply to the entry into any such place by a
law enforcement officer acting within the scope and course of his
official duties.
[Added by Ord. #1577, § 4710.4]
No person shall solicit employment for himself or for any other
person, either directly or through some other person acting on his
behalf, to prosecute, collect, settle, compromise or negotiate for
the settlement, compromise or collection of any tort claim, on behalf
of any tort claimant, in which he himself has no pecuniary interest
arising from such tort. The provisions of this subsection shall not
be construed to prevent joint tort claimants from negotiating with
each other for the purpose of combining respective claims or actions
against the tortfeasor.
[Added by Ord. #1830]
That helicopters be prohibited from flying in formation at an
altitude of 700 feet or less within the boundaries of the City of
Compton between 1/2 hour after sunset and 1/2 hour before sunrise
without prior permission of the City Council.
[Added by Ord. #1830]
The number of formation flights has proliferated in recent months
and such flying is reasonably anticipated to occur in the near future
for an indefinite period of time. The above section is urgently needed
for the immediate protection of the public peace, health and safety
for the reasons stated herein and shall become effective immediately
upon its publication with the exception of law enforcement helicopters.
[Ord. #1755, § 1]
a.
Duty to Post. Any person or entity who owns, operates, manages, leases
or rents a premises offering for sale or dispensing for consideration
to the public alcohol beverages, including beer and wine, shall cause
a sign or notice to be posted or displayed on the premises as provided
in this section. The sign or notice shall comply with the readability
requirements specified herein and shall read substantially as follows:
"WARNING: DRINKING WINE, BEER AND OTHER ALCOHOLIC BEVERAGES DURING
PREGNANCY CAN CAUSE BIRTH DEFECTS." In no event shall a sign as required
herein be smaller than eight inches wide and eight inches long, nor
shall any lettering therein be less than one inch in height.
b.
Placement. A sign or notice required by Paragraph a above shall be
placed as follows:
1.
Where the sale or dispensing of alcoholic beverages, including beer
and wine, to the public is primarily intended for consumption off
the premises, at least one sign shall be so placed as to assure that
it is readable from all locations at which said sale or dispensing
occur.
2.
Where the sale or dispensing of alcoholic beverages, including beer
and wine, to the public is primarily provided through over-the-counter
service, at least one sign shall be placed to assure that it is readable
from all counter locations available to the public.
3.
Where the sale or dispensing of alcoholic beverages, including beer
and wine, to the public is primarily provided for consumption on the
premises by the public at tables served by food or beverage persons,
at least one sign shall be placed to assure it is readable by the
public entering the premises; provided however that notices may be
placed or displayed at each of the tables in a manner which will assure
that the notices are as readily visible and readable as materials
provided to the public which list food and beverage prices.
c.
In the event that a substantial number of the public patronizing
a premises offering for sale or dispensing for consideration alcoholic
beverages, including beer and wine, uses a language other than English
as a primary language, any sign or notice required by Paragraph a
shall be worded in English and the primary language or languages involved.
[Ord. #1983, § 1]
a.
No person may place any sign, poster, placard or graphic display
that advertises cigarettes or alcoholic beverages in a publicly visible
location. In this section, "publicly visible location" includes outdoor
billboards, sides of buildings and freestanding signboards. This section
shall not apply in the following cases:
1.
(a)
With respect to cigarettes, the placements of signs, including advertisements,
inside any premises used by a holder of a license required by Subsection
9-2.1a25, § 9-2.25 of this Code; or
(b)
With respect to alcoholic beverages, the placement of signs, including advertisements, inside any premises used by a holder of a license required by Subsection 9-12.42 of this Code; or
(c)
On commercial vehicles used for transporting cigarettes or alcoholic
beverages;
2.
Any sign that contains a generic description of cigarettes or alcoholic
beverages;
3.
4.
Any sign on an MTA (Metropolitan Transit Authority) vehicle;
5.
Any sign on facilities for whose use applicants have been given special permits pursuant to § 18-8 (issued by the Department of Recreation Services) of this Code.
6.
Any sign on property adjacent to an interstate highway; or
b.
Any cigarette and alcoholic beverage advertisements which now exist
and are prohibited by the provisions of this section must be removed
within two years of the effective date of this section.
c.
This section shall not be construed to permit any display that is
otherwise restricted or prohibited by law.
[Ord. #2159, § 1 [7-23-1]]
a.
Purpose. The purpose of this section is to encourage responsible
tobacco retailing and to discourage violations of tobacco-related
laws that prohibit the sale or distribution of tobacco products to
minors and prohibit the display of tobacco products from being within
reach of the public. This permit process is not intended to expand
or reduce the degree to which tobacco-related activities are regulated
by federal or state law, including criminal prosecution for violations
of such laws, or to alter the penalty provided therefor.
[Ord. #2159, § 2 (7-23-1.1); 5-12-2020 by Ord. No. 2320]
For purposes of this section, the following definitions shall
apply:
Shall mean equipment, products, or materials that are used,
intended for use, or designed for use in smoking, vaping, inhaling,
or otherwise introducing tobacco or tobacco products into the human
body and can be an object or device that is not essential in it itself
but adds to the beauty, convenience or effectiveness of something
else.
Shall mean any employee or agent of the City who is authorized
to enforce any provision of this Code and any designated representative
of the law enforcement agency or agencies authorized by the City to
enforce the laws of the City of Compton.
Shall mean a taste or aroma, other than the taste or aroma
of tobacco, imparted either prior to or during consumption of a tobacco
product or any byproduct produced by the tobacco product, including,
but not limited to, tastes or aromas relating to mint, wintergreen,
fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, herb or spice. Characterizing flavor includes flavor in
any form, mixed with or otherwise added to any tobacco product or
nicotine delivery device, including electronic smoking devices.
Shall mean any roll of tobacco wrapped in paper or in any
substance not containing tobacco, or any roll of tobacco wrapped in
any substance containing tobacco which is likely to be offered to,
or purchased as a cigarette, because of its appearance, the type of
tobacco used in the filler, or its packaging and labeling.
Shall mean any roll of tobacco other than a cigarette wrapped
entirely or in part in tobacco or any substance containing tobacco
and weighing no more than three pounds per thousand units. Cigarillo
includes, but is not limited to, tobacco products known or labeled
as small cigar or little cigar.
Shall mean the City of Compton or any authorized department
or public agency designated in the City to perform various investigative,
enforcement and resolution functions pursuant to this Section.
Shall mean any item intended or reasonably expected to be
used with or for the human consumption of a tobacco product.
Shall mean an electronic device, including limited to an
electronic cigarette, electronic cigar or cigarillo, electronic pipe,
electronic hookah, vaping device, or any other product name or descriptor,
which can be used to deliver an inhaled dose of nicotine or other
substances, including any component, part, or accessory of such a
device, whether manufactured, distributed, marketed, or sold as such.
Shall mean any tobacco product that imparts a characterizing
flavor.
Shall mean any roll of tobacco other than a cigarette wrapped
entirely or in part in tobacco or any substance containing tobacco
and weighing no more than three pounds per thousand units. "Little
Cigar" includes, but is not limited to, tobacco products known or
labeled as small cigar or cigarillo.
Shall mean a cigarette with a characterizing flavor of menthol,
labeled, or described by the manufacturer as possessing a menthol
characterizing flavor.
Shall mean a pack, box, carton, or container of any kind
or, if no other container, any wrapping (including cellophane) in
which a tobacco product is sold or offered for sale.
Shall mean a piece or segment of something, which combined
with other pieces makes up the whole.
Shall mean any natural person, partnership, cooperative association,
domestic or foreign corporation, personal representative, authorized
agent, receiver, trustee, assignee, or any other legal entity.
Shall mean a person with an ownership or managerial interest
in a business. An ownership interest shall be deemed to exist when
a person has a 10% or greater interest in the stock, assets, or income
of a business other than the sole interest of security for debt. A
managerial interest shall be deemed to exist when a person can or
does have or share ultimate control over the day-to-day operations
of a business.
Shall mean cigarette papers or wrappers, pipes, holders of
smoking materials of all types, cigarette rolling machines, characterizing
flavors in any form mixed with or otherwise added to any tobacco product
or nicotine delivery device including electronic smoking devices and
any other item designed for the smoking, ingestion, preparation, storing,
or consumption of tobacco products.
Shall mean:
Any product containing, made, or derived from tobacco or nicotine
whether natural or synthetic, 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, chewing tobacco, pipe tobacco,
and snuff; or
Any electronic smoking device that delivers nicotine or other
substances, whether, natural or synthetic, to the person inhaling
from the device, including, but not limited to, an electronic cigarette,
electronic cigar, electronic pipe, electronic hookah, or vaping device.
Notwithstanding any provision of paragraphs a and b to the contrary,
"tobacco product" includes any component, part, or accessory intended
or reasonably expected to be used with a tobacco product, whether
or not sold separately.
Tobacco Product does not include drugs, devices, or combination
products authorized for sale by the United States Food and Drug Administration,
as those terms are defined in the Federal Food, Drug and Cosmetic
Act.
Shall mean any person who sells, offers for sale, or does
or offers to exchange for any form of consideration, tobacco, tobacco
products, or tobacco paraphernalia, or who distributes free or low-cost
samples of tobacco products or tobacco paraphernalia. "Tobacco retailing"
shall mean the doing of any of these things. This definition is without
regard to quantity of tobacco, tobacco products, or tobacco paraphernalia
sold, offered for sale, exchanged, or offered for exchange.
[Ord. #2159, § 3 (7-23-1.2); 5-12-2020 by Ord. No. 2320]
a.
It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid Tobacco Retailer's Permit pursuant to Subsection 7-23A.3 for each location at which that activity is to occur.
b.
A tobacco retailer or proprietor without a valid Tobacco Retailer's
Permit, including, for example, a person whose permit has been revoked:
1.
Shall keep all tobacco products and tobacco paraphernalia out of
public view. The public display of tobacco products or tobacco paraphernalia
in violation of this provision shall constitute tobacco retailing
without a permit under this section.
2.
Shall not display any advertisement relating to tobacco products
or tobacco paraphernalia that promotes the sale or distribution of
such products from the tobacco retailer's location or that could lead
a reasonable consumer to believe that such products can be obtained
at that location.
c.
Nothing in this section shall be construed to grant any person obtaining
and maintaining a Tobacco Retailer's Permit any status or right other
than the right to act as a tobacco retailer at the location or locations
in the City identified in the permit application and/or on the face
of the permit.
d.
No permit will be issued to authorize tobacco retailing at any place
other than a fixed location or locations; peripatetic tobacco retailing
and tobacco retailing from vehicles are prohibited.
e.
No permit may issue to authorize tobacco retailing at a location
that is licensed under state law to serve alcoholic beverages for
consumption on the premises (e.g., an "on sale" license issued by
the California Department of Alcoholic Beverage Control) and no license
may issue to authorize tobacco retailing at any location offering
food for sale for consumption by guests on the premises.
f.
Tobacco retailing without a valid Tobacco Retailer's Permit is a
public nuisance. Each day that a person offers tobacco, tobacco products
or tobacco paraphernalia for sale or exchange within the City without
a valid Tobacco Retailer Permit shall constitute a separate violation
of this section.
g.
Exterior
facing advertisements of tobacco products may not occupy an area larger
than 14 square feet. Such advertisements may not be placed next to
any other outward facing advertisement so as to create a single mosaic
type advertisement larger than 14 square feet. It is a violation of
this Chapter to violate any local, State, or federal law regulating
storefront window or door advertising.
[Ord. #2159, § 4 (7-23-1.3); 5-12-2020 by Ord. No. 2320]
a.
A complete application for a Tobacco Retailer's Permit shall be submitted
to the Business and License Division. Payment of all necessary fees,
as set forth by resolution, shall be submitted to the City Treasurer's
office.
b.
The application shall be sought in the name of the person proposing
to conduct retail tobacco sales and shall be signed by such person
or, in the case of a business, by an authorized agent thereof. A valid
City business license is also required before a Tobacco Retailer's
Permit may be issued. Each person applying for a Tobacco Retailer's
Permit shall be responsible for reviewing the conditions of conducting
retail tobacco sales within the City and shall agree to abide by these
conditions by signing the application under penalty of perjury. All
applications shall be submitted on the form supplied by the Business
and License Division and shall contain, at a minimum, the following
information:
1.
The legal name, address, and telephone number of the applicant.
2.
The business name, address and telephone number of the fixed location
or locations for which a Tobacco Retailer's Permit is sought.
3.
A single name, mailing address, and/or facsimile number authorized
by each proprietor to receive all communications and notices required
by, authorized by, or convenient to the enforcement of this section.
If an authorized address and/or facsimile number is not supplied,
each proprietor shall be understood to consent to the provision of
notice at the business address specified in Paragraph 2 above.
4.
Proof that the location or locations for which a Tobacco Retailer's
Permit is sought has been issued a valid State Tobacco Retailer's
License by the California Department of Tax and Fee Administration.
5.
A statement whether or not the applicant has ever applied for and
was denied or has been issued a Tobacco Retailer's Permit from the
City or any other jurisdiction which was revoked or suspended and
the dates and circumstances surrounding the suspension and/or revocation.
6.
A statement of whether the applicant, its agents or employees have
been convicted of a felony involving or related to the sale of tobacco,
tobacco paraphernalia or tobacco products within the past five years.
7.
Such additional information as the Business and License Division
deems necessary for the administration and/or enforcement of this
section.
c.
All information required to be submitted in order to apply for a
Tobacco Retailer's Permit shall be updated with the Business and License
Division whenever the information changes. A tobacco retailer shall
provide the Business and License Division with any updates within
10 business days of a change.
d.
The information specified in Subsections 7-23A.3b2 and 7-23A.3b3 above, shall be available to the public for all currently licensed tobacco retailers. Upon request, the Business and License Division shall provide a compilation of this information to any person within a reasonable time and subject to a fee, as set forth by resolution, approximating the actual cost of compiling and presenting the information.
[Ord. #2159, § 5 [7-23-1.4]
a.
Upon the receipt of a complete application for a Tobacco Retailer's
Permit and the payment of the applicable permit fee, the Business
and License Division shall issue a permit unless substantial evidence
demonstrates that one or more of the following bases for denial exists:
1.
The information presented in the application is incomplete, inaccurate,
or false. Intentionally supplying inaccurate or false information
shall be a violation of this section.
2.
The application seeks authorization for tobacco retailing at an address that appears on a permit that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of Subsection 7-23A.3, provided, however, this paragraph shall not constitute a basis for denial of a permit if either or both of the following apply:
(a)
The applicant provides the Business and License Division with
documentation demonstrating, by clear and convincing evidence that
the applicant has acquired or is acquiring the location or business
in an arm's length transaction. For the purposes of this paragraph,
an "arm's length transaction" is defined as a sale in good faith and
for valuable consideration that reflects the fair market value in
the open market between two informed and willing parties, neither
of which is under any compulsion to participate in the transaction.
A sale between relatives, related companies or partners, or a sale
for which a significant purpose is avoiding the effect of the violations
of this section is not an "arm's length transaction."
(b)
It has been more than three years since the most recent permit
for that location was revoked.
3.
The application seeks authorization for tobacco retailing by a person who has a currently suspended Tobacco Retailer's Permit or who has had a permit revoked, pursuant to Subsection 7-23A.9, within the last three years.
4.
The application seeks authorization from tobacco retailing in a manner
which would violate this Code or any other local, state or federal
law.
5.
The applicant, its agents or employees, have been convicted of a
felony involving or related to the sale of tobacco, tobacco paraphernalia
or tobacco products within the past five years.
6.
The issuance of a Tobacco Retailer's Permit would be in conflict
with any other City ordinance.
b.
A Tobacco Retailer's Permit is invalid unless the appropriate fee
has been paid in full and the term of the license has not expired.
The term of a Tobacco Retailer Permit is one year. Each tobacco retailer
shall apply for the renewal of his or her Tobacco Retailer's Permit
and submit the permit fee no later than 30 days prior to the expiration
of the term.
c.
A Tobacco Retailer's Permit that is not timely renewed shall expire
at the end of its term. To reinstate a license that has expired, or
to renew a license not timely renewed pursuant to Paragraph b, the
proprietor must:
1.
Submit the permit fee plus a reinstatement fee, which will be set
by resolution; and
2.
Submit a signed affidavit affirming that the proprietor: (i) has not sold and will not sell any tobacco product or tobacco paraphernalia after the permit expiration date and before the permit is renewed; or (ii) has waited the appropriate ineligibility period established for tobacco retailing without a permit, as set forth in Subsection 7-23A.10a of this section, before seeking renewal of the permit.
[Ord. #2159, § 6 [7-23-1.5]
A Tobacco Retailer's Permit may not be transferred from one
person to another or from one location to another. Should a new person
acquire a business that is engaged in tobacco retailing or the location
changes, a new permit must be obtained prior to the commencement of
any retail activity by the new person or at the new location.
[Ord. #2159, § 7 [7-23-1.6]
Each Tobacco Retailer's Permit shall be prominently displayed in a publicly visible location where tobacco retailing occurs. The permit or duplicate permits are to be displayed at each location identified in the application submitted pursuant to Subsection 7-23A.3.
[Ord. #2159, § 8 [7-23-1.7]
The fee to issue or to renew a Tobacco Retailer's Permit shall
be established by resolution of the City Council. The fee shall be
calculated so as to recover the total cost of both permit administration
and permit enforcement, including, for example, issuing the permit,
administering the permit program, retailer education, retailer inspection
and compliance checks, documentation of violations, and prosecution
of violators, but shall not exceed the costs of the regulatory program
authorized by this section. All fees shall be used exclusively to
fund the program. Fees are nonrefundable except as may be required
by law.
[Ord. #2159, § 9 [7-23-1.8]
a.
In the course of tobacco retailing or in the operation of the business
or maintenance of the location or locations for which a permit issued,
it shall be a violation of this section for any permittee, or his
or her agents or employee, to violate any local, state or federal
tobacco-related law.
b.
Compliance with this section shall be monitored by the Business License
Division and/or other City employee authorized to enforce provisions
of this Code. Notwithstanding the forgoing, any City peace officer
or Authorized Enforcement Officer is authorized to enforce the provisions
of this section. An Authorized Enforcement Officer and/or other City
employee authorized to enforce provisions of this Code shall check
compliance of each tobacco retailer at least once per twelve-month
period. Compliance checks shall determine, at a minimum, if the tobacco
retailer is conducting business in a manner that complies with tobacco
laws regulating youth access to tobacco. When appropriate, the compliance
checks shall determine compliance with other laws, applicable to tobacco
retailing. Nothing in this paragraph shall create a right of action
in any permit or other person against the City or its agents.
c.
An Authorized Enforcement Officer may use youth decoys and shall
comply with protocols for the compliance checks developed in consultation
with Los Angeles County Department of Health Services. The City shall
not enforce any law establishing a minimum age for tobacco purchases
or possession against a person who otherwise might be in violation
of such law because of such person's age (herein "youth decoy") if
the potential violation occurs when the youth decoy is participating
in a compliance check supervised by a peace officer, an Authorized
Enforcement Officer or an agent of another governmental agency.
d.
After 90 days of the effective date of this section,[1] it shall be a violation of this section for a tobacco
retailer, its agent (s) or employee(s) to sell or offer for sale,
or to possess with the intent to sell or offer for sale, any flavored
tobacco product or any component, part, or accessory intended to impart,
or imparting a characterizing flavor in any form, to any tobacco product
or nicotine delivery device, including electronic smoking devices.
[1]
Editor's Note: Adopted 5-12-2020 by Ord. No. 2320.
e.
After 90 days of the effective date of this section,[2] it shall be a violation of this section for a tobacco
retailer, its agent (s) or employee(s) to sell or offer for sale,
or to possess with the intent to sell or offer for sale, any menthol
cigarette.
[2]
Editor's Note: Adopted 5-12-2020 by Ord. No. 2320.
f.
No tobacco retailer or its agent(s) or employee(s) may sell or offer
for sale any little cigar or cigarillo unless it is sold in a package
of at least 20 little cigars or cigarillos. Little cigars or cigarillos
may not be sold individually or in packages of less than 20 units.
g.
Paragraph e of this subsection shall not apply to any retailer that
meets all of the following criteria:
1.
Primarily sells tobacco products;
2.
Generates more than 60% of its gross revenues annually from the sale
of tobacco products;
3.
Does not permit any person under 21 years of age to be present or
enter the premises at any time, unless accompanied by the person's
parent or legal guardian, as defined in Section 6903 of the Family
Code;
4.
Does not sell alcoholic beverages or food for consumption on the
premises; and
5.
Posts a sign outside the retail location that clearly, sufficiently,
and conspicuously informs the public that persons under 21 years of
age are prohibited from entering the premises.
h.
No tobacco retailer, its agents, or employee(s) may sell or offer
for sale any little cigar or cigarillo unless it is sold in a package
of at least 20 little cigars or cigarillos. Little cigars or cigarillos
may not be sold individually or in packages of less than 20 units.
[Ord. #2159, § 10 (7-23-1.9); 5-12-2020 by Ord. No. 2320]
a.
In addition to any other penalty authorized by law, a Tobacco Retailer's Permit may be suspended or revoked if the City finds, or any court of competent jurisdiction determines, after notice to the tobacco retailer permittee and an opportunity for the permittee to be heard, that the permittee, or his or her agents or employees, has violated any of the provisions of this section or any other local, State or Federal law relating to tobacco, or in a different legal proceeding, has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in this section. Furthermore, a Tobacco Retailer's Permit shall be revoked if the City finds, after the permittee is afforded reasonable notice and an opportunity to be heard, that one or more of the bases for denial of a permit under subsection 7-23A.3 existed at the time application was made or at any time before the license issued. Upon a finding by the City of a violation of any provision of this article, within any three-year period, the Business and License Division may suspend or revoke a Tobacco Retailer Permit as follows:
1.
Upon finding by the City of a first permit violation of any provision
of this article, within any three-year period, the Tobacco Retailer's
Permit may be suspended for up to 30 days.
2.
Upon finding by the City of a second permit violation of any provision
of this article, within any three-year period, the Tobacco Retailer's
Permit may be suspended for up to one year.
3.
Upon finding by the City of a third permit violation of any provision
of this article, within any three-year period, the Tobacco Retailer's
Permit may be permanently revoked.
b.
A Tobacco Retailer's Permit shall be revoked if the City finds, after
notice to the permittee and an opportunity for the permittee to be
heard, that any one of the conditions listed below existed at the
time of the violation. The revocation of a Tobacco Retailer's Permit
shall prohibit the permittee from tobacco retailing within the City
for a period of three years. The revocation shall be without prejudice
to the filing of a new application for a Tobacco Retailer's Permit
by a new applicant at the address where a permit has been revoked.
Any new application for a Tobacco Retailer's Permit by a new applicant
at an address where a permit has been revoked shall be approved by
resolution of the City Council.
1.
One or more of the bases for denial of the Tobacco Retailer's Permit listed in Subsection 7-23A.4 existed at the time the Tobacco Retailer's Permit application was made or at anytime before the permit was issued.
2.
The application is incomplete for failure to provide the information required by Subsection 7-23A.3.
3.
The information contained in the application, including any supplemental
information, is found to be false in any material respect.
4.
The application seeks authorization for a type of tobacco retailing
that is unlawful pursuant to this Code or any other local, state or
federal law.
c.
In the event the City denies, suspends or revokes a Tobacco Retailer's
Permit, written notice of the denial, suspension or revocation shall
be served upon the applicant or permittee, as the case may be, within
five business days of the decision to deny, suspend or revoke the
permit to the mailing address specified in the application.
d.
During a period of suspension of a Tobacco Retailer's Permit, the
permittee must remove from public view all tobacco products and tobacco
paraphernalia at the address that appears on the suspended or revoked
Tobacco Retailer's Permit.
[Ord. #2159, § 11 (7-23-1.10); 5-12-2020 by Ord. No. 2320]
a.
In addition to any other penalty authorized by law, if the City finds,
or any court of competent jurisdiction determines, after notice and
an opportunity to be heard, that any person has engaged in tobacco
retailing at any location without a valid Tobacco Retailer's Permit,
either directly or through the person's agent or employees, the person
shall be ineligible to apply for or be issued a Tobacco Retailer's
Permit for that location as follows:
1.
After the first violation of this section at a location within any
eighteen-month period, no new permit may issue for the person at the
location until 30 days have passed from the date of the violation.
2.
After the second violation of this section at a location within any
eighteen-month period, no new permit may issue for the person at the
location until six months have passed from the date of the violation.
3.
After the third violation of this section at a location within any
eighteen-month period, no new permit may issue for the person at the
location until one year has passed from the date of the violation.
b.
Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this section are subject to seizure by any Authorized Enforcement Officer or any peace officer and shall be forfeited after the permittee and any other owner of the tobacco products or tobacco paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the tobacco products or tobacco paraphernalia were not offered for sale or exchange in violation of this section. The decision by the City may be appealed pursuant to the procedures set forth in Subsection 7-23A.11. Forfeited tobacco products and tobacco paraphernalia shall be destroyed.
c.
For the purposes of the civil remedies provided in this section,
whichever is greater, shall constitute a separate violation of this
section:
[Ord. #2159, § 12 (7-23-1.11); 5-12-2020 by Ord. No. 2320]
a.
Any notice of denial, suspension or revocation of a Tobacco Retailer's
Permit shall state the reasons for such action and the appropriate
remedy or cure, if applicable.
b.
Any notification to be given pursuant to Subsection 7-23A.3, shall be deemed given once the notice is sent by facsimile to the facsimile number listed on the application, or if no number is listed, when notice is placed, postage prepaid in the United States mail, addressed to the applicant at the address shown on the permit application.
c.
Any applicant or permittee aggrieved by a decision or action of the
City under this section shall have the right to appeal such decision
to the City Council.
d.
Any appeal that is filed pursuant to this Subsection 7-23A.11 shall be filed, and all appropriate fees, as set forth by resolution, shall be paid, with the City Clerk within 14 calendar days after notice of denial, approval or revocation is given by the City. The City Council shall act upon any such appeal within 28 business days of the filing of the appeal.
e.
Upon receipt of an appeal that is filed pursuant to this Subsection 7-23A.11, the City Clerk shall set a date for a hearing of the matter and give notice of the late, time and place of the hearing to the applicant/appellant. Prior to such hearing, the Authorized Enforcement Officer shall transmit to the City Clerk a report of its findings. At the hearing, the City shall present all documents on file with respect to the matter being appealed.
f.
The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the action hat was appealed. The City Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this section and may waive any requirement of Subsection 7-23A.3, where it is found to be in the public interest. The City Clerk shall transmit a written copy of the City Council's decision to the applicant/appellant within five business days of the hearing.
[Ord. #2159, § 13 (7-23-1.12); 5-12-2020 by Ord. No. 2320]
a.
For the first or second alleged violation of this section within
any eighteen-month period, the City Attorney may engage in settlement
negotiations and may enter into a settlement agreement with a tobacco
retailer alleged to have violated this section without approval from
the City Council.
b.
Notice of any settlement shall be provided to the Business and License
Division and no hearing shall be held.
c.
Settlements shall not be confidential and shall contain the following
minimum terms:
1.
After a first alleged violation of this section at a location within
any eighteen-month period:
(a)
An agreement to stop acting as a tobacco retailer for at least
one day;
(b)
A settlement payment to the City of an amount up to $1,000;
and
(c)
An admission that the violation occurred and a stipulation that
the violation will be counted when considering what penalty will be
assessed for any future violations.
2.
After a second alleged violation of this section at a location within
any eighteen-month period:
(a)
An agreement to stop acting as a tobacco retailer for at least
10 days;
(b)
A settlement payment to the City of an amount up to $5,000;
and
(c)
An admission that the violation occurred and a stipulation that
the violation will be counted when considering what penalty will be
assessed for any future violations.
[Ord. #2159, § 14 [7-23-1.13]
a.
The remedies provided by this section are cumulative and in addition
to any other remedies available at law or in equity.
b.
Whenever evidence of a violation of this section is obtained in any
part through the participation of a person under the age of 18 years
old, such a person shall not be required to appear or give testimony
in any civil or administrative process brought to enforce this section
and the alleged violation shall be adjudicated based upon the sufficiency
and persuasiveness of the evidence presented.
c.
Violations of this section may, in the discretion of the City Attorney
be prosecuted as infractions or misdemeanors.
d.
Causing, permitting, aiding, abetting, or concealing a violation
of any provision of this section shall also constitute a violation
of this section.
e.
Violations of this section are hereby declared to be public nuisances.
f.
In addition to other remedies provided by this section or by other
law, any violation of this section may be remedied by a civil action
brought by the City Attorney, including, for example, administrative
or judicial nuisance abatement proceedings, civil or criminal code
enforcement proceedings, and suits for injunctive relief.
[Ord. #2159, § 15 [7-23-1.14]
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this section, or the application to any person
or circumstances, 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 section, or its
application to any other person or circumstance. The City Council
of the City of Compton hereby declares that it would have adopted
each section, subsection, subdivision, paragraph, sentence, clause
or phrase hereof, irrespective of the fact that any one or more other
sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases hereof be declared invalid or unenforceable.
[Ord. #2038, § 1]
The following words are defined as set forth in this section:
a.
BICYCLES – Shall mean a vehicle or a device in a tandem arrangement,
which is propelled solely by human power and upon which one or more
persons may ride.
b.
ROADWAY – Shall mean that portion of the highway or street
improved or designed especially for vehicular use or travel.
c.
ROLLER-SKATES – Shall mean any device or conveyance with any
number of wheels, tracks or gliding surface, whether off-set or in-line,
worn on each foot, and which are designed to be or can be propelled
by human power, and include "rollerblades."
d.
SIDEWALK – Shall mean that portion of a road, street or highway
designed or ordinarily used for pedestrian travel and includes any
pedestrian walkways in any parks within the commercial or business
districts of the City.
e.
SKATEBOARD – Shall mean any single plat-form mounted on wheels,
which is propelled solely by human power and which has no mechanism
or other device with which to steer or control the movement or direction
of the platform.
[Ord. #2038, § 1]
a.
It is unlawful for any person(s) to use or operate any bicycles,
skateboards, or roller-skates upon or in any public parking lot, any
City-owned permit parking lot, any City-owned parking structure(s)
or facilities designed and utilized for parking use.
b.
It is unlawful for any person(s) to use or operate any bicycles,
skateboards, or roller-skates upon or in any sidewalk, street, or
other City-owned property designations in the following locations:
[Ord. #2038, § 1]
The City Council of the City may from time to time review the
business and commercial areas within the City boundaries and may declare
after such review, areas that may be specifically designated for the
nonuse of bicycles, skateboards and roller-skates. Such declaration
may be accomplished by adoption or amendment of existing ordinances
or by declaration and passage and adoption of a resolution.
[Ord. #2038, § 1]
A violation of this Chapter of the Municipal Code shall be an infraction. The penalty for violation of this section is set forth in Subsection 1-6.3 of this Code.
[Ord. #2192; repealed by Ord. #2296]
[1]
Editor's Note: Sex Offender Residency Restrictions repealed
by Ord. #2296.
[Ord. #2196, § 1]
It is the intent of the Council of the City of Compton to protect
the health and welfare of the general public and promote safer and
more efficient traffic flow in industrial and commercial zones by
reasonably regulating the time, place and manner of the solicitation
of employment and/or business from pedestrians and occupants of vehicles
on the public rights-of-way and in public and private parking areas.
These regulations are content neutral and are not intended and do
not restrict the right of free speech or alternative channels of communication.
[Ord. #2196, § 1]
The Council of the City finds, determines and declares that
the approaching and solicitation by pedestrians directed to the occupants
of vehicles which are located in the public rights-of-way and roadways
has caused a significant public safety risk by causing vehicles to
stop, impede and block the flow of traffic in travel lanes within
or adjacent to industrial or commercial zones and that it will be
in the interest of the public health, safety and welfare to restrict
the solicitation acts that occur in, within or directly affect traffic
conditions upon any public street, roadway, alley or on private parking
areas within the City.
[Ord. #2196, § 1]
For the purposes of this chapter, the following meanings shall
apply:
a.
ALLEY – Shall mean any highway or street not exceeding 25 feet
in width which is primarily used for access to the rear or side entrances
of abutting property.
b.
BUSINESS – Shall mean and includes any type of product, goods,
services, performance or activity which is provided or performed or
offered to be provided or performed in exchange for money, labor,
goods or any other form of consideration.
c.
CODE – Shall mean the Compton Municipal Code.
d.
EMPLOYMENT – Shall mean the services, industry or labor performed
by a person for wages or other compensation or under any contract
of hire, written or oral, expressed or implied.
e.
OCCUPANT – Shall mean a person who occupies a vehicle.
f.
PARKWAY – Shall mean that portion of a street or highway other
than the roadway or the sidewalk. In general terms, the space between
the street and the sidewalk.
g.
PEDESTRIAN – Shall mean any individual who is utilizing a public
street, sidewalk, roadway, alleyway, parkway or public or private
parking area while traveling without the benefit of any vehicle as
defined herein.
h.
PERSON – Shall mean any individual, company, corporation, association,
business, or other legal entity.
i.
PRIVATE PARKING AREA – Shall mean privately owned property
which is designated or used primarily for the parking of vehicles
and which adjoins one or more commercial establishments or adjoins
any property in a nonresidential zone, including, but not limited
to, driveways, setbacks and portions of that area that are landscaped.
j.
ROADWAY – Shall mean that portion of the public right-of-way
that is designated and used primarily for vehicular travel.
k.
SOLICIT OR SOLICITATION – Shall mean the act of making a request,
offer or announcement by use of the spoken word, bodily act or gesture.
A solicitation as defined in this section shall be deemed completed
when made, whether or not an employment relationship is created. It
shall not constitute solicitation for a pedestrian to make a request
or announcement using signs or delivering flyers or leaflets.
l.
STREET – Shall mean a way or place of whatever nature, publicly
maintained and open to the use of the public for purpose of vehicular
travel. For the purposes of this section, street includes highway
and any parking area or lot owned or operated by the City or the Community
Redevelopment Agency of the City of Compton.
m.
VEHICLE – Shall mean a vehicle as defined in California Vehicle
Code § 670 as the same now reads or may hereafter be amended.
[Ord. #2196, § 1]
a.
No person shall stand in or on any portion of a public right-of-way,
including any street, roadway, alley, highway or driveway that is
within, or immediately adjacent to, any industrial or commercial zone
within the City and solicit employment, business or contributions
of money or other property from the occupant of any vehicle that is
traveling upon a public right-of-way, including a street, roadway,
alley, highway or driveway or is stopped in or blocking a lane of
traffic. This section does not prohibit any solicitation that is directed
at the occupant of a vehicle that is legally stopped at the side of
the roadway and out of the lanes of traffic.
b.
No person, while the occupant of any vehicle that is traveling upon
a public right-of-way, including a street, roadway, alley, highway
or driveway or is stopped in or blocking a lane of traffic, shall
solicit employment, business or contributions of money or other property
from a person who is on or within the public right-of-way, including
any street, roadway, highway or driveway that is within, or immediately
adjacent to, any industrial or commercial zone within the City.
[Ord. #2196, § 1]
a.
No person shall solicit or attempt to solicit employment, business
or contributions of money or other property from a location within
a private parking area as defined in this section. This section shall
not apply to a solicitation to perform employment or business for
the owner or lawful tenants of the subject premises.
b.
This section shall only apply to private parking areas when the following
occurs:
1.
The owner or person in lawful possession of the private parking area
establishes a written policy which provides area(s) for the lawful
solicitation of employment and/or business, in locations which are
accessible to the public and do not interfere with normal business
operations of the commercial premises. Nothing herein shall require
a private property owner to permit solicitations at their premises.
2.
The owner or person in lawful possession of the private parking area
has caused a notice to be posted in a conspicuous place at each entrance
to such private parking area not less than 18 inches by 14 inches
in size with lettering not less than one inch in height, but not to
exceed in total area six square feet. Said notice shall be in substantially
the following form: "It is a misdemeanor to engage in the solicitation
of employment and/or business in areas of this private parking lot
which are not approved for such activity by the property owner."
[Ord. #2196, § 1]
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this section. Any
person violating any provision of this section or failing to comply
with any of its requirements shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not exceeding
$1,000, or by imprisonment for a term not exceeding six months, or
by both such fine and imprisonment. Each and every person shall be
deemed guilty of a separate offense for each and every day or any
portion thereof, during which any violation of any of the provisions
of this section is committed, continued or permitted by such person,
and shall be deemed punishable therefor as provided in this section.
[Ord. #2196, § 1]
a.
The violation of any of the provisions of this section shall constitute
a nuisance and may be abated by the City, or, on private property,
by the owner or lawful tenant of that private property, through civil
process by means of restraining order, preliminary or permanent injunction
or in any other manner provided by law for the abatement of such nuisances.
b.
In addition to the civil process described in Paragraph a above,
at the request of the property owner or lawful tenant of the real
property upon which the violation occurs, this chapter may be enforced
by any law enforcement officer by citation of any person who violates
this section, or by any law enforcement officer or private security
by removal from the private property of any person who violates this
section.
[Ord. #2205, § 1; amended 4-26-2022 by Ord. No. 2343]
The purpose of this section is to protect the health, safety
and welfare of the citizens and business owners of the City of Compton
by prohibiting spectators at illegal speed contests, exhibitions of
speed, street races, street takeovers, sideshows, motorcycle stunting
and reckless driving exhibitions with the aim of significantly curbing
this criminal activity. This section targets a very clear, limited
population and gives proper notice to citizens and non-citizens of
the City of Compton as to what activities are lawful and what activities
are unlawful. In discouraging spectators, the act of organizing and
participating in illegal speed contests, exhibitions of speed, street
races, street takeovers, sideshows, motorcycle stunting and reckless
driving exhibitions will be discouraged.
[Ord. #2205, § 1; amended 4-26-2022 by Ord. No. 2343]
For the purposes of this section the following definitions shall
apply:
a.
ILLEGAL MOTOR VEHICLE SPEED CONTEST OR ILLEGAL EXHIBITION OF SPEED
– Shall mean any speed contest or exhibition of speed referred
to in California Vehicle Code §§ 23109(a) and 23109(c),
as amended from time to time.
b.
EVENT – Shall mean any speed contest or exhibition of speed
referred to in California Vehicle Code Sections: 23109(a) and 23109(c),
as may be amended from time to time.
c.
PREPARATIONS FOR THE ILLEGAL MOTOR VEHICLE SPEED CONTEST OR ILLEGAL
EXHIBITION OF SPEED – Shall mean situations which include but
are not limited to: (1) a group of motor vehicles or motorcycles or
individuals has arrived at a location for the purpose of participation
in or being spectators at the event; (2) a group of individuals has
lined one or both sides of a public street or highway or off street
parking facility for the purpose of participation in or being a spectator
at the event; (3) a group of individuals has gathered on private property
open to the general public without the consent of the owner, operator
or agent thereof for the purpose of participating in or being a spectator
at the event; (4) one or more individuals has impeded the free public
use of a public street or highway or off street parking facility by
actions, words, or physical barriers for the purpose of conducting
the event; (5) one or more vehicles have lined up with motor(s) running
for an illegal motor vehicle speed contest, exhibition of speed, street
race, street takeover, sideshow, motorcycle stunting or reckless driving
exhibition; (6) one or more drivers are revving his/her engine or
spinning his/her tires in preparation for the event; (7) an individual
is stationed at or near one or more motor vehicles serving as a race
starter; or (8) one or more motor vehicles are driving their vehicle(s)
in a circular, semi-circular, straight or figure eight pattern.
d.
SPECTATOR – Shall mean any individual who is within 200 feet
of an illegal motor vehicle speed contest, exhibition of speed, street
race, street takeover, sideshow, motorcycle stunting and reckless
driving exhibition, or at a location where preparations are being
made for such activities, for the purpose of viewing, observing, watching,
or witnessing the event without regard to whether the individual arrived
at the event by driving a vehicle, riding as a passenger in a vehicle,
walking, or arrived by some other means.
e.
STREET
RACE – Shall mean any motor vehicle speed contest or motor vehicle
exhibition of speed referred to in California Vehicle Code Sections:
23109(a) and 23109(c), as may be amended from time to time.
f.
STREET
TAKEOVER and SIDESHOW – Shall mean an event in which one or
more persons block or impede traffic on a street or highway for the
purpose of performing motor vehicle stunts, street racing, or reckless
driving for spectators referred to in California Vehicle Code Section:
23109(i)(2)(A), as may be amended from time to time.
g.
MOTORCYCLE
STUNTING – Shall mean any use of a motorcycle for the purpose
of acrobatic maneuvering to perform wheelies (the front wheel of the
motorcycle comes off the ground), burnouts (keeping the motorcycle
stationary and spinning its wheels which results in friction causing
the tires to heat up and create smoke), or front wheelies/stoppies
(the rear wheel of the motorcycle is lifted by abruptly applying the
front brake).
h.
RECKLESS
DRIVING EXHIBITION – Shall mean any exhibition of reckless driving
referred to in California Vehicle Code Section: 23101, as may be amended
from time to time.
i.
OFFSTREET
PARKING FACILITY – Shall mean any public or private parking
facility open and accessible to members of the public as referred
to in California Vehicle Code Section: 12500(c), as may be amended
from time to time.
j.
VEHICLE
– Shall mean a device by which any person or property may be
propelled, moved, or drawn upon a highway, excepting a device moved
exclusively by human power or used exclusively upon stationary rails
or tracks as referred to in California Vehicle Code Section: 670,
as may be amended from time to time.
k.
MOTOR
VEHICLE – Shall mean a vehicle that is self-propelled as referred
to in California Vehicle Code Section: 415(a), as may be amended from
time to time. Note: An “All-terrain vehicle” (ATV) is
a motor vehicle as referred to in California Vehicle Code Section:
111(a), as may be amended from time to time.
l.
MOTORCYCLE
– Shall mean a motor vehicle having a seat or saddle for the
use of the rider, designed to travel on not more than three wheels
in contact with the ground. Additionally, a motor vehicle that has
four wheels in contact with the ground, two of which are a functional
part of a sidecar, is a motorcycle as referred to in California Vehicle
Code Section: 400(a) and 400(b), as may be amended from time to time.
[Ord. #2205, § 1; amended 4-26-2022 by Ord. No. 2343]
a.
Any individual who is knowingly present as a spectator, either on
a public street or highway, or on private property open to the general
public without consent of the owner, operator, or agent thereof, at
an illegal motor vehicle speed contest, exhibition of speed, street
race, street takeover, sideshow, motorcycle stunting and reckless
driving exhibition is guilty of a misdemeanor subject to a maximum
of six months in jail and a fine of $1,000.00.
b.
Any individual who is knowingly present as a spectator, either on
a public street or highway, or on private property open to the general
public without consent of the owner, operator or agent thereof, where
preparations are being made for an illegal motor vehicle speed contest,
exhibition of speed, street race, street takeover, sideshow, motorcycle
stunting and reckless driving exhibition is guilty of a misdemeanor
subject to a maximum of six months in jail and a fine of $1,000.00.
c.
An individual is present at the illegal motor vehicle speed contest,
exhibition of speed, street race, street takeover, sideshow, motorcycle
stunting or reckless driving exhibition if that individual is within
200 feet of the location of the event, of within 200 feet of the location
where preparations are being made for the event.
d.
Exemption: Nothing in this section prohibits law enforcement officers
or their agents from being spectators at an illegal motor vehicle
speed contest, exhibition of speed, street race, street takeover,
sideshow, motorcycle stunting or reckless driving exhibition in the
course of their duties.
[Ord. #2205, § 1; amended 4-26-2022 by Ord. No. 2343]
Notwithstanding any other provision of law, to prove a violation of Subsection 7-27.3, admissible evidence may include, but is not limited to, any of the following:
a.
Time of day;
b.
The nature and description of the scene, including the number and
configuration of traffic lanes;
c.
The number of people at the scene;
d.
The location of the individual charged in relation to any individual
or group present at the scene;
e.
The number, description and type of motor vehicles at the scene;
f.
That the individual charged drove or was transported to the scene;
g.
That the motor vehicles at the scene have been modified or altered
to increase power, handling, or visual appeal;
h.
That the person charged admitted to being a spectator at an illegal
motor vehicle speed contest, exhibition of speed, street race, street
takeover, sideshow, motorcycle stunting or reckless driving exhibition;
i.
That the individual charged has previously participated in an illegal
motor vehicle speed contest, exhibition of speed, street race, street
takeover, sideshow, motorcycle stunting or reckless driving exhibition;
j.
That the individual charged has previously aided and abetted an illegal
motor vehicle speed contest, exhibition of speed, street race, street
takeover, sideshow, motorcycle stunting or reckless driving exhibition;
k.
That the
individual charged has previously attended an illegal motor vehicle
speed contest, exhibition of speed, street race, street takeover,
sideshow, motorcycle stunting or reckless driving exhibition;
l.
That the
individual charged previously was present at a location where preparations
were being made for an illegal motor vehicle speed contest, exhibition
of speed, street race, street takeover, sideshow, motorcycle stunting
or reckless driving exhibition.
[Ord. #2205, § 1; amended 4-26-2022 by Ord. No. 2343]
The list of circumstances set forth in Subsection 7-27.4 is not exclusive. Evidence of prior acts may be admissible to show the propensity of the defendant to be present at, or attend an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition, if the prior act or acts occurred within three (3) years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition was taking place at time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Compton.
[Ord. #2225, § 2]
The City Council finds that smoking, or the use of any other
tobacco product, is a serious danger to the health, discomfort and
welfare to nonsmokers who are present in unenclosed areas where there
is exposure to secondhand smoke. The U.S. Surgeon General and the
U.S. Environmental Protection Agency have concluded that secondhand
smoke causes lung cancer and heart disease in healthy non-smokers.
In order to protect the public and promote public health, safety and
welfare, the declared purposes of this section are to prohibit smoking,
or other use of tobacco products, in certain places where nonsmokers,
are subject to the exposure of secondhand smoke.
[Ord. #2225, § 2]
The following words and phrases, whenever used in this section,
shall be defined as follows:
a.
COMMON AREA – Shall mean every enclosed or unenclosed area
of a multi-unit residence that residents of more than three units
of that multi-unit residence are entitled to enter or use including,
but not limited to, hallways, paths, lobbies, courtyards, elevators,
stairs, community rooms, playgrounds, gym facilities, swimming pools,
parking garages or lots, laundry rooms, restrooms, cooking areas and
eating areas.
b.
DINING AREA – Shall mean any area, including streets and sidewalks,
which is available to, or customarily used by, the general public
or an employee and which is designed, established, or regularly used
for consuming food or drink.
c.
ENCLOSED AREA – Shall mean an area in which outside air cannot
circulate freely to all parts of the area, and includes an area that
has any type of overhead cover and at least three walls or other vertical
boundaries of any height. For purposes of this definition, it is not
a requirement for such overhead cover or walls (or other vertical
boundaries) to include vents or other openings.
d.
MULTI-UNIT RESIDENCE – Shall mean property containing three
or more adjoining units, as defined in this section, used for dwelling
purposes.
e.
PERSON – Shall mean any natural person, business, association,
nonprofit entity, personal representative, receiver, trustee, assignee,
or any other legal entity including government agencies.
f.
PLAYGROUND – Shall mean any park or recreational area specifically
designed to be used by children that has play equipment installed,
or any similar facility located on the public or private school grounds,
or on City, county, or state park grounds.
g.
PUBLIC PARK – Shall mean a park, playground, swimming pool,
playing field, and any other area or facility devoted to green-space
or recreational use that is owned, leased, or operated by the City
of Compton, or for which the City has the right to possession.
h.
PUBLIC PLACE – Shall mean any place, publicly or privately
owned, which is open to the general public regardless of any fee or
age requirement.
i.
RECREATIONAL AREA – Shall mean any area, including streets
and sidewalks, that is publicly or privately owned and open to the
general public for recreational purposes, regardless of any fee or
age requirement. Recreational area includes, but is not limited to,
parks, picnic areas, playgrounds, sports fields, golf courses, walking
paths, gardens, hiking trails, bike paths, riding trails, swimming
pools, roller and ice skating rinks, skateboard parks, and amusement
parks.
j.
RESTAURANT – Shall mean any coffee shop, cafeteria, luncheonette,
soda fountain, fast food service, or other establishment where cooked
or otherwise prepared food is sold to the public. It shall not include
the on-site cafeteria or lunchroom that is part of a business.
k.
SERVICE AREA – Shall mean any publicly or privately owned area,
including streets and sidewalks that is designed to be used or is
regularly used by one or more persons to receive a service, wait to
receive a service or to make a transaction, whether or not such service
or transaction includes the exchange of money. The term "service area"
includes, but is not limited to, areas including or adjacent to information
kiosks, automatic teller machines (ATMs), ticket lines, bus stops,
bus shelters, mobile vendor lines or cab stands.
l.
SMOKE – Shall mean the gases, particles, or vapors released
into the air as a result of combustion, electrical ignition or vaporization
and the apparent purpose of such release is for human inhalation of
the by-products. "Smoke," for purposes of this definition, does not
include combustion of material that contains no tobacco or nicotine
where the purpose of inhalation is solely for smell, such as smoke
from incense. The term "smoke" includes, but is not limited to, tobacco
smoke, electronic cigarette vapors, and marijuana smoke.
m.
SMOKING – Shall mean the carrying of a lighted pipe, lighted
cigar, an operating electronic cigarette or a lighted cigarette of
any kind, or the lighting of a pipe, cigar, or cigarette of any kind,
including, but not limited to, tobacco, or any other weed or plant.
n.
TOBACCO PRODUCT – Shall mean any manufactured substance made
from the tobacco plant, including but not limited to cigarettes, cigars,
pipe tobacco, snuff, chewing tobacco and smokeless tobacco, or products
prepared from tobacco and designed for smoking or ingestion.
o.
UNENCLOSED AREA – Shall mean any area that is not an enclosed
area, as defined in this section.
p.
UNIT – Shall mean a personal dwelling space and includes any
associated exclusive-use enclosed area enclosed or unenclosed area
such as a private balcony, porch, deck, or patio.
[Ord. #2225, § 2]
Smoking and the use of tobacco products are prohibited in the
unenclosed areas of the following places within the City of Compton,
except places where smoking or the use of tobacco products are already
prohibited by state or federal law, in which case those laws apply.
[Ord. #2225, § 2]
Smoking or use of tobacco-related products is prohibited in
any public park or recreational area within the City of Compton.
[Ord. #2225, § 2]
a.
New Multi-Unit Residences. In every new multi-unit residence that
receives a certificate of occupancy after the effective date of this
section, 100% of the units (including private outdoor spaces associated
with such units, such as balconies, patios and decks), shall be nonsmoking
units by law.
1.
Required Lease Terms. Every lease or other agreement for the occupancy
of a unit in a new multi-unit residence shall include:
(a)
A clause stating that smoking is prohibited in the unit;
(b)
A clause stating that it is a material breach of the lease or
agreement to (i) violate any law regulating smoking while on the premises;
(ii) smoke in the unit; or (iii) smoke in any multi-unit residence
common area in which smoking is prohibited; and
(c)
A clause stating that all occupants of the multi-unit residence
are express thirty-party beneficiaries of the above required clauses.
2.
The California Apartment Association Form 34.0, revised 1/07, meets
the requirements for lease terms as outlined and is an option for
use to comply with this section.
b.
Existing Multi-Unit Residences. In every multi-use residence existing
on the effective date of this section, not subject to Paragraph a
above, 100% of the units (including private outdoor spaces associated
with such units, such as balconies, patios, and decks), shall by law
be nonsmoking units by January 1, 2013. A person with legal control
over a multi-unit residence, such as, for example, a landlord or homeowners'
association, may make units nonsmoking prior to January 1, 2013.
1.
Required Lease Terms. By January 1, 2013, every lease or other agreement
for the occupancy of a unit in an existing multi-unit residence shall
include:
(a)
A clause stating that smoking is prohibited in the unit;
(b)
A clause stating that it is a material breach of the lease or
agreement to (i) violate any law regulating smoking while on the premises;
(ii) smoke in the unit; or (iii) smoke in any multi-unit residence
common area in which smoking is prohibited; and
(c)
A clause stating that all occupants of the multi-unit residence
are express third-party beneficiaries of the above required clauses.
2.
The California Apartment Association's Form 34.0, revised 1/07, meets
the requirements for lease terms as outlined and is an option for
use to comply with this section.
d.
A tenant who breaches the smoking regulations of a lease or knowingly
allows another person to do so shall be liable to: (i) the landlord;
and (ii) any occupant of the multi-unit residence who is exposed to
secondhand smoke as a result of that breach. A landlord shall not
be liable to any person for the tenant's breach of smoking regulations
if the landlord has fully complied with the requirements of this section.
e.
Failure to enforce any smoking regulation of a lease or agreement
on one or more occasions shall not constitute a waiver of the lease
or agreement provisions required by this section and shall not prevent
future enforcement of any such smoking regulation on another occasion.
[Ord. #2225, § 2]
a.
Smoking in all unenclosed areas, where smoking is not otherwise prohibited,
shall be prohibited within 25 feet from any doorway, window, opening,
or vent into an enclosed area in which smoking is prohibited, except
while the person smoking is actively passing on the way to another
destination and provided smoke does not enter any enclosed area in
which smoking is prohibited.
b.
Smoking in unenclosed areas, where smoking is not otherwise prohibited,
shall be prohibited within 25 feet from any unenclosed areas in which
smoking is prohibited under this section, except while the person
smoking is actively passing on the way to another destination and
provided smoke does not enter any unenclosed area in which smoking
is prohibited.
c.
The prohibitions in Paragraphs a and b shall not apply to unenclosed
areas of private residential properties that are not multi-unit residences.
[Ord. #2225, § 2]
a.
Enforcement of this chapter shall be the responsibility of the City
Manager or his or her designee. In addition, any peace officer or
code enforcement official also may enforce this section.
b.
The remedies provided by this section are cumulative and in addition
to any other remedies available at law or equity.
c.
Each incident of smoking or tobacco use in violation of this section
is an infraction subject to a $100 fine. In the discretion of the
City Attorney, violations may be prosecuted as infractions or misdemeanors
when the interests of justice so require.
d.
Causing, permitting, aiding, abetting, or concealing a violation
of any provision of this section shall also constitute a violation
of this section.
e.
No person shall intimidate, harass, or otherwise retaliate against
any person who seeks compliance with this section. Moreover, no person
shall intentionally or recklessly expose another person to smoke in
response to that person's effort to achieve compliance with this section.
Violation of this subsection shall constitute a misdemeanor.
f.
Any violation of this section is hereby declared to be a public nuisance.
g.
In addition to other remedies provided by this section or by other
law, any violation of this section may be remedied by a civil action
brought by the City Attorney, including, but not limited to, administrative
or judicial nuisance abatement proceedings, civil or criminal code
enforcement proceedings, and suits for injunctive relief.
h.
Any person acting for the interests of itself, its members, or the
general public may bring a civil action in any court of competent
jurisdiction, including small claims court, to enforce this section
against any person who has violated this section two or more times.
Upon proof of the violations, a court shall grant all appropriate
relief, including: (1) awarding damages; and (2) issuing an injunction
or a conditional judgment. If there is insufficient or no proof of
actual damages for a specific violation, the court shall award $150
for each violation as statutory damages.
i.
Except as otherwise provided, enforcement of this section is at the
sole discretion of the City of Compton. Nothing in this subsection
shall create a right of action in any person against the City of Compton
or its agents to compel public enforcement of this section against
private parties.
[Ord. #2225, § 2]
A person, employer, or nonprofit entity that has legal or de
facto control of an unenclosed area in which smoking is prohibited
by this section shall post a clear, conspicuous and unambiguous "No
Smoking" or "Smoke-free" sign at each point of ingress to the area,
and in at least one other conspicuous point within the area. The signs
shall have letters of no less than one inch in height and shall include
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). Signs posted on the exterior of buildings to comply with this
section shall include the reasonable smoking distance requirement
set forth in this section. Notwithstanding this provision, the presence
or absence of signs shall not be a defense to a charge of smoking
in violation of any other provision of this section.
[1]
Editor's Note: Ordinance No. 2249, adopted April 22, 2014
and establishing a moratorium on the use of hydraulic fracturing,
acidizing or other well stimulation treatment in conjunction with
production or extraction of oil, gas or other hydrocarbon substances
was rescinded in its entirety by Ordinance No. 2254, adopted October
7, 2014.
