It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain on any such premises or property
any condition that constitutes an attractive nuisance including, but
not limited to, the following: (a) abandoned, damaged or broken equipment,
machinery or household items; (b) unprotected hazardous or unfilled
pools or ponds; and (c) unfenced or otherwise unprotected wells or
excavations.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain any front and visible side yards
without acceptable landscaping, except for improved surfaces such
as walks and driveways. Acceptable landscaping shall include any ground
cover, decorative rock, redwood bark, lawn and/or other material as
determined to be acceptable or required by the city planner or designee.
(Ord. 527 § 2, 2000; Ord. 554 § 1, 2001)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property in a
manner that has resulted in overgrown weeds to be present on any front
and visible side yards and sidewalks.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property in such
a manner that has resulted in: (a) trees and shrubs with dead or fallen
limbs or branches to present a safety hazard or restrict, impede or
obstruct the use of a public right-of-way, easement, sidewalk or roadway;
or (b) trees, shrubs and plants to grow out into or over a public
right-of-way, easement, sidewalk or roadway where such growth restricts,
impedes or obstructs pedestrian or vehicular use of said public right-of-way,
easement, sidewalk or roadway.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property in such
a manner that has resulted in the accumulation of dry or dead plant
matter, combustible refuse and waste or any other matter which by
reason of its size, manner of growth and location, constitutes a fire
hazard to any building, improvement, crop or other property.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to permit on such premises or property any
operable vehicle, recreational vehicle, motor home, trailer, camper,
camper shell and boat to be parked or stored outside of a garage or
carport on an unimproved surface.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to permit on such premises or property any
parked operable vehicle, recreational vehicle, motor home, trailer,
camper, camper shell and boat to be occupied by any person or persons
overnight.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain on such premises or property any
walkway, driveway or other improved surface in a manner that results
in the disrepair of such surfaces or creates unsafe conditions.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to fail to maintain in good condition any
parking lot striping and handicapped markings on such premises or
property.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property that
results in creating a habitat for termites, insects, vermin or rodents
that presents a threat to the health and safety of the public and/or
a threat to property.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to fail to properly connect any inhabited
improvements on such premises or property to a sewage disposal system
or sanitary sewer and/or to permit sewage seepage.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to abandon or permanently vacate or cause
to be abandoned or permanently vacated, any building or structure,
so that it becomes accessible to unauthorized persons including, but
not limited to, juveniles and vagrants, for unlawful or hazardous
use, or to allow the same to become infested with vermin or rodents,
or to become a menace to the health or safety of the public.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to permit or maintain on such premises or
property stagnant water, refuse, rubbish, garbage, dead animal carcasses,
offal, animal excrement or other waste materials which emit odors
that are unreasonably offensive to the physical senses of a reasonable
person of normal sensitivity or which may cause or attract insects.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property with
garbage or trash containers stored in front yards and visible from
the public right-of-way, except when in places of collection on scheduled
waste collection days.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to permit any hazardous substances or hazardous
waste to be unlawfully released, discharged, placed or deposited upon
any premises or onto any city property.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property in such
a manner as to cause a hazard to the public by obscuring the visibility
of any public right-of-way, road intersection or pedestrian walkway.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be declared a public nuisance for
any person owning, leasing, occupying or having charge or possession
of any premises or property in the city to maintain upon any such
premises or property any building or structure, or any part thereof,
which has been constructed or is maintained in violation of any applicable
state or local law or regulation relating to the condition, use or
maintenance of such building or structure.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be declared a public nuisance for
any person owning, leasing, occupying or having charge or possession
of any premises or property in the city to allow or perform on such
premises or property the maintenance, repair, restoration or dismantling
of any vehicle, large machinery, or large equipment upon any residential
property, walkway, or easement visible from a public street or sidewalk
or from an adjoining property. This prohibition shall not apply to
work which is specifically authorized by state or local law or regulation
and shall not apply to minor repair or maintenance of vehicles, machinery
or equipment which belong to the person residing at the property,
and which is either performed inside an enclosed structure such as
a garage or performed outside but is not visible for longer than seventy-two
consecutive hours.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be declared a public nuisance for
any person owning, leasing, occupying or having charge or possession
of any premises or property in the city to maintain any such premises
or property or improvement thereon in such a manner as to cause or
to allow the premises, property or improvement to become defective,
unsightly, or in such other condition of deterioration or disrepair
as the same may cause substantial depreciation of the property values
or similar detriment to surrounding properties, or otherwise have
an adverse effect on the health, safety, or welfare of the citizens
of the city. Visual blight conditions include, but are not limited
to, any of the following conditions: (a) the presence of any improvement
including, but not limited to, buildings, garages, carports, wooden
fences, block walls, roofs or gutters in which the condition of the
patio, stucco, siding or other exterior coating has become so deteriorated
as to permit decay, excessive checking, cracking or warping so as
to render the improvement or property unsightly and in a state of
disrepair; (b) the presence of any improvement with cracked or broken
windows, roofs in disrepair, damaged porches or broken steps; (c)
the presence of any improvement which is abandoned, boarded up, partially
destroyed or left in a state of partial construction or repair for
more than ninety days; (d) the presence of abandoned, damaged or broken
equipment or machinery which is visible from a public street or sidewalk
or from an adjoining property; or (e) the presence of excessive junk,
refuse and garbage which is visible from a public street or sidewalk
or from an adjoining property.
(Ord. 527 § 2, 2000; Ord. 776 § 67, 2016)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain upon any such premises or property
any swimming pool, pond, or other body of water which is abandoned,
unattended, unfiltered, or not otherwise maintained resulting in the
water becoming polluted.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to fail to maintain the floors, walls, ceilings, lavatory, urinal
and toilet bowl of any public toilet free from any accumulation of
dirt, filth or corrosion and/or to fail to supply a public toilet
with toilet paper, hand washing facilities, soap and individual towels
with a receptacle for their disposal.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to construct or maintain a privy within the city in any manner that
does not comply with the California Health and Safety Code.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to maintain any premises or property within the city in a manner that
presents an imminent safety hazard and/or which creates a present
and immediate danger to life, property, health or public safety.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to operate or maintain any premises or property within the city in
a manner that has resulted in repeated disruptive activities including,
but not limited to, disturbances of the peace, public drunkenness,
drinking in public, harassment of passersby, sale of stolen goods,
public urination, theft, assaults, batteries, acts of vandalism, excessive
littering, illegal parking, loud noises between the hours of ten p.m.
and six a.m., traffic violations, curfew violations, or police detentions
and arrests.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to maintain any premises or property within the city which fails to
comply with any condition imposed on any entitlement, permit, contract,
or environmental document issued by or approved by the city in connection
with said premises or property or improvement located thereon.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to: (1) keep on any premises or property within the city any animal
which by any sound, cry or behavior causes annoyance or discomfort
to a reasonable person of normal sensitivity or any animal in unsanitary
conditions; (2) keep on any premises or property within the city more
animals than permitted under this code or any applicable state or
federal law; or (3) keep on any premises or property within the city
any animal deemed to be illegal under this code or any applicable
state or federal laws.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to engage in the intentional burning of any material, structure, matter
or thing on any premises or property within the city without a validly
issued permit allowing such burning.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to: (1) establish, operate or allow any activity on any premises or
property within the city which pollutes the atmosphere with any unwholesome,
offensive, or deleterious gas, fumes, dust, smoke, or odors, or (2)
allow any offensive odors to be emitted from offal, garbage, dead
animal carcasses or any animal or vegetable matter.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to maintain any premises or property within the city upon which there
is stagnant or still water or a marshy condition which harbors and
breeds mosquitoes or other poisonous or objectionable insects.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to permit on any premises or property within the city any matter or
substance from a private vault, cesspool, septic tank, water closet,
privy vault, urinal, pipe, sewer line or any sewage, effluent, slop
water or any other filthy water, matter or substance to flow or discharge
upon the ground or upon any public sidewalk, street or other public
place.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to use or store non-domesticated animal manure on any premises or
property within the city unless the manure has been processed or treated
so as to render it substantially free of unpleasant odor.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to use, park or store a vehicle or any receptacle used for hauling
or transporting any offal, manure, or the contents of a privy vault,
cesspool or sink or any nauseous or offensive substances, within the
city if the contents of such vehicle or receptacle are leaking or
spilling from such vehicle or receptacle.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to maintain on any premises or property within the city any sign,
including its supporting structure, which is damaged to the point
of presenting a possible safety hazard.
(Ord. 527 § 2, 2000)
It is unlawful and it shall be a public nuisance for any person
to cause or permit any encroachment onto public property for which
no encroachment permit has been issued or which is in violation of
the provisions of an encroachment permit or any applicable provision
of this code.
(Ord. 527 § 2, 2000)
It shall be deemed a public nuisance for any member of the public
to create, cause, commit, permit or maintain any condition prohibited
by this code or specifically identified as a public nuisance by any
applicable statute, rule, code or regulation.
(Ord. 527 § 2, 2000; Ord. 710 § 1, 2012)
The city may declare that a public nuisance exists whenever
any member of the public creates, causes, commits, permits or maintains
any condition or performs or causes to be performed any activity that
falls within the scope of the definition of "public nuisance" as set
forth in California Civil Code Sections 3479 and 3480.
(Ord. 527 § 2, 2000)
The city may: (1) declare that a public nuisance exists whenever
any member of the public creates, causes, commits, permits or maintains
any condition or performs or causes to be performed any activity that
falls within the scope of the definition of "public nuisance" as set
forth in California Penal Code Section 11225; and (2) commence any
action or proceeding pursuant to the California Red Light Abatement
Act to abate the public nuisance, to pursue all other remedies against
the violator, to seek the imposition of all penalties against the
violator and to recover any and all costs from the violator.
(Ord. 527 § 2, 2000)
The city may: (1) declare that a public nuisance exists whenever
any member of the public creates, causes, commits, permits or maintains
any condition or performs or causes to be performed any activity that
falls within the scope of the definition of "public nuisance" as set
forth in California Health and Safety Code Section 11570; and (2)
commence any action or proceeding pursuant to the California Drug
Abatement Act to abate the public nuisance, to pursue all other remedies
against the violator, to seek the imposition of all penalties against
the violator and to recover any and all costs from the violator.
(Ord. 527 § 2, 2000)
The city may: (1) declare that a public nuisance exists whenever
any member of the public creates, causes, commits, permits or maintains
any condition or performs or causes to be performed any activity that
falls within the scope of the definition of "public nuisance" as set
forth in California Health and Safety Code Sections 17910 through
17995; and (2) commence any action or proceeding set forth therein
to abate the public nuisance, to pursue all other remedies against
the violator, to seek the imposition of all penalties against the
violator and to recover any and all costs from the violator.
(Ord. 527 § 2, 2000)
The city council may: (1) declare by resolution pursuant to
California Government Code Section 39561 et seq., that a public nuisance
exists with respect to a specific parcel whenever that parcel is being
maintained in a manner that has resulted in weeds, as that term is
defined in California Government Code Section 39561.5, being grown
upon the streets, sidewalks or private property in the city; and (2)
commence any action or proceeding pursuant to California Government
Code Section 39561 et seq., to abate the public nuisance, to pursue
all other remedies against the violator, to seek the imposition of
all penalties against the violator and to recover any and all costs
from the violator.
(Ord. 527 § 2, 2000)
The city council may: (a) declare by resolution pursuant to
California Government Code Section 39561 et seq. that a public nuisance
exists with respect to a specific parcel whenever that parcel is being
maintained in a manner that has resulted in an accumulation of rubbish,
refuse and dirt upon parkways, sidewalks or private property in the
city; and (b) commence any action or proceeding pursuant to California
Government Code Section 39561 et seq. to abate the public nuisance,
to pursue all other remedies against the violator, to seek the imposition
of all penalties against the violator and to recover any and all costs
from the violator.
(Ord. 527 § 2, 2000)
A.
Declaration of Nuisance. Any off-highway motor vehicle or other vehicle operated in violation of Section 11.52.030 is declared a public nuisance and shall be subject to seizure and forfeiture as provided in this section. Declaration of this nuisance is made according to the authority of California Government Code Section 38771. This section shall not apply to those vehicles specifically exempted from the provisions of Chapter 11.52.
B.
Declaration by Court. Upon proof that a vehicle was operated in violation of Section 11.52.030 and declared a nuisance pursuant to subsection A of this section, the court shall declare the vehicle a nuisance and order that such vehicle be forfeited, sold, and the proceeds distributed as forth in subsection M of this section.
C.
Vesting of Title. Subject to the requirements of subsections D and I of this section, below, and except as further limited by this section to protect innocent parties who claim any interest in the vehicle, all right, title and interest in any vehicle used to commit any nuisance defined in subsection A of this section, shall vest in the city upon commission of the act giving rise to such nuisance.
D.
Process.
Vehicles subject to forfeiture under this section may be seized by
any peace officer upon process issued by any court having jurisdiction
over such vehicle. Seizure without process may be made if any of the
following situations exist:
E.
Receipts.
Receipts for vehicles seized pursuant to this section shall be delivered
to any person out of whose possession such vehicle was seized, in
accordance with Section 1412 of the California Penal Code.
F.
Evidence. Vehicles seized pursuant to subsection D of this section, where appropriate, may be held for evidence in proceedings against the owner of the vehicle or the individual who used the vehicle to commit any nuisance described in this section.
G.
Post-seizure Hearing. Upon receipt of a request for hearing within the time periods stated below, the city shall provide any potential claimant a post-seizure hearing to determine the existence of probable cause to support seizure. The post-seizure hearing shall be conducted within three business days of the request, or later if the claimant so requests. The city will retain the services of an independent hearing officer to conduct the hearing. Failure of either the registered or legal owner, or his or her agent, to request and attend a scheduled hearing within the appropriate time frame shall constitute a waiver of the hearing and shall satisfy all due process requirements. The right to a post-seizure hearing provided in this subsection G shall expire should no interest claim be filed pursuant to the time frame provided in subsection J of this section.
1.
The
notice of seizure shall include the following:
a.
The name, address and telephone number of the person or department
which the owners, or their agents, can contact with regard to the
seizure;
b.
The authority and reason for the seizure;
c.
A statement that in order to receive a post-seizure hearing, the
owners, or their agents, shall request the hearing in person, in writing,
or by telephone so that the city receives it within ten calendar days
of the date of the notice; and
d.
The time in which a claim of interest in the vehicle seized or subject
to forfeiture is required to be filed.
2.
The scope of the hearing shall be: whether probable cause exists that the subject vehicle was used to commit a nuisance defined in subsection A of this section. If the hearing officer finds that probable cause exists, the vehicle shall remain in possession of the city until final disposition of the vehicle. If the hearing officer finds that probable cause does not exist, the hearing officer may recommend release of the vehicle pending trial under conditions that preserve the city's interest in the vehicle. The hearing officer may consider the existence of any affirmative defense to the forfeiture if the claimant has filed a claim in accordance with subsection J of this section. The hearing officer shall also consider whether it would be inappropriate for the vehicle to remain in possession of the city under the circumstances of a particular case based upon a showing of extreme hardship.
H.
Forfeiture.
1.
Except as provided in subpart 6 of this subsection H of this section, if the city determines that the factual circumstances do warrant that any vehicle described in subsection A of this section is subject to forfeiture, the city shall file a petition for forfeiture with the superior court of Riverside County.
2.
Unless otherwise provided herein, a petition for forfeiture under this subsection H of this section shall be filed as soon as practicable, but in any case within one year of the seizure of the vehicle which is subject to forfeiture.
3.
The city shall cause notice of the seizure and of the intended forfeiture proceedings, as well as a notice stating that any interested party may file a verified claim with the superior court of Riverside County, to be served by personal delivery or by registered mail upon any person who has an interest in the vehicle. Whenever a notice is delivered pursuant to this subpart, it shall be accompanied by a claim form as described in subsection J of this section and directions for filing and service of a claim.
4.
An
investigation shall be made by the Cathedral City police department
as to any claimant to a vehicle whose right, title, interest, or lien
is of record in the Department of Motor Vehicles or other appropriate
agency. If the Cathedral City police department finds that any person,
other than the registered owner is the legal owner thereof, and such
ownership did not arise subsequent to the date and time of arrest
or notification of the forfeiture proceedings or seizure of the vehicle,
it shall forthwith send a notice to the legal owner at his or her
address appearing on the records of the Department of Motor Vehicles
or other appropriate agency.
5.
All notices shall set forth the time within which a claim of interest in the vehicle seized or that is subject to forfeiture is required to be filed pursuant to subsection J of this section.
6.
a.
Where there have been no claims filed with the city, the city shall,
pursuant to this subpart, order the forfeiture of the vehicle seized
pursuant to this section. The city shall provide notice of the proceedings
under this subpart, including the following information:
b.
If no claims are timely filed after notice of the proceedings, the
city shall prepare a written declaration of forfeiture of the vehicle
and dispose of the vehicle in accordance with this section. A written
declaration signed by the city under this subpart shall be deemed
to provide good and sufficient title to the forfeited vehicle. The
city ordering forfeiture pursuant to this section shall provide a
copy of the declaration of forfeiture to any person who received notice
of the forfeiture proceedings.
c.
If a claim is timely filed after notice of the proceedings, the city
shall file a petition for forfeiture pursuant to this subpart within
thirty calendar days of receipt of the claim.
I.
Innocent Parties—Return of Vehicle. Notwithstanding the provisions of this section, the city shall return a seized vehicle upon the filing of a timely claim pursuant to subsection J of this section and upon a showing by the claimant that:
1.
The vehicle is owned by two or more persons and there is a community property interest in the vehicle by a person other than the person who used or maintained the vehicle while committing any nuisance described in subsection A of this section, above, and the vehicle is the sole vehicle available to the person's immediate family; or
J.
Claim
Procedures.
1.
Any
person claiming an interest in the vehicle seized pursuant to this
section, must at any time within ten calendar days from the date of
notice of seizure, file with the superior court of Riverside County
a claim, verified in accordance with California Code of Civil Procedure
Section 446, stating his or her interest in the vehicle. An endorsed
copy of the claim shall be served by the claimant on the city within
ten calendar days of the filing of the claim.
2.
Court
proceedings shall be in accordance with the following:
a.
If a verified claim is filed, the forfeiture proceeding shall be
set for a hearing on a day not less than thirty calendar days therefrom;
b.
The hearing shall be before the court;
c.
The provisions of California Code of Civil Procedure shall apply
to proceedings under this section unless otherwise inconsistent with
provisions or procedures set forth in this section. However, there
shall be no joinder of actions, coordination of actions, except for
forfeiture proceedings, or cross-complaints and the issues shall be
limited strictly to questions related to this section.
K.
Forfeiture Hearing. With respect to a vehicle described in subsection A of this section for which forfeiture is sought and as to which forfeiture is contested, the city shall have the burden of proving by the preponderance of the evidence that the vehicle was used as set forth in subsection A of this section. Trial shall be before the court. The presiding judge of the superior court shall assign actions brought pursuant to this section for trial.
L.
Voluntary Settlement Procedures. Any person, or his or her agent or employee who owns, leases, conducts, uses or maintains any vehicle while committing any nuisance described in subsection A of this section and whose vehicle has been seized in accordance with this section may request to execute a voluntary settlement agreement with the city for the return of the vehicle. Such request shall be made in writing to the city. The minimum amount of the settlement agreement shall be sufficient to cover all of the city's reasonable administrative costs, including attorneys' fees and personnel time for the seizure and forfeiture action. The actual amount shall be at the sole and absolute discretion of the city. The executed settlement agreement shall be accompanied by the appropriate settlement fee amount in the form of a money order, cash or cashier's check. All settlement funds shall be distributed as set forth in subsection M of this section.
M.
Sale
of Vehicles. In all cases where a vehicle is seized and forfeited
to the city pursuant to this section, the vehicle shall be sold, or
if cash is paid as settlement in lieu of forfeiture of the vehicle,
and the proceeds of the sale or the cash shall be distributed and
appropriated as follows:
1.
To
the bona fide or innocent purchaser, conditional sales vendor, mortgage
or lien holder of the vehicle, if any, up to the amount of his or
her interest in the vehicle, when the court or the city declares the
forfeiture and sale of the vehicle and orders a distribution to that
person;
2.
To
the city for all expenditures made or incurred by it in connection
with the seizure, storage and sale of the vehicle;
3.
The
remaining funds shall be distributed to the city's general fund.
N.
Nonexclusive Remedy. This section is not the exclusive regulation against or penalty for committing the nuisances described in subsection A of this section. It supplements and is in addition to other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.
(Ord. 620 § 4, 2006)
It is a public nuisance subject to the provisions of Chapter 13.90 of this code, to establish, maintain, or operate within the city, any business that conducts activities that violate state or federal law.
(Ord. 675 § 1, 2009)
It is unlawful and it shall be a public nuisance subject to the provisions of Chapter 13.90 of this code, to:
C.
Possess,
plant, cultivate, harvest, dry, or process seven or more living cannabis
plants within a single private residence, or upon the grounds of that
private residence, at one time, except that a qualified patient or
primary caregiver may possess more plants consistent with Health and
Safety Code Section 11362.77.
D.
Possess,
plant, cultivate, harvest, dry, or process cannabis plants in an unenclosed
and unsecured outdoor area on the grounds of a private residence.
E.
Possess,
plant, cultivate, harvest, dry, or process cannabis plants within
a private residence or on the grounds of a private residence in an
area that is visible by normal unaided vision from any public place,
including but not limited to streets, sidewalks, parks, or any common
areas within a residential development, including but not limited
to private streets and sidewalks, common parking areas, parks or other
spaces maintained by an homeowners or property owners association
and accessible to residents of the development.
F.
Smoke,
as such term is defined in Health and Safety Code Section 11362.3(b),
or ingest cannabis or cannabis products in a public place, including,
but not limited to, streets, sidewalks, parks, or any common areas
within a residential development, including, but not limited to, private
streets and sidewalks, common parking areas, parks or other spaces
maintained by an homeowners or property owners association and accessible
to residents of the development.
G.
Smoke,
as such term is defined in Health and Safety Code Section 11362.3(b),
cannabis or cannabis products in a location where smoking tobacco
is prohibited.
H.
Possess,
smoke or ingest cannabis or cannabis products in or upon the grounds
of a school, day care center, or youth center while children are present;
or smoke cannabis or cannabis products within one thousand feet of
a school, day care center, or youth center while children are present,
except in or upon the grounds of a private residence and only if such
smoking is not detectable by others on the grounds of the school,
day care center, or youth center. For the purposes of this subsection,
the definitions of "smoke," "day care center," and "youth center"
contained in Health and Safety Code Section 11362.3(b) shall apply.
J.
To
cause or permit persistent cannabis odors that are offensive to individuals
of normal sensitivity and which adversely impact or unreasonably interfere
with the use and enjoyment of property, to:
1.
Emanate
across any property line.
2.
Emanate
across a common wall or otherwise be detectable within an adjacent
or nearby unit in a multi-tenant building or in a multi-family residential
building that is occupied by another.
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For the purposes of this subsection J, cannabis odors shall be presumed to be persistent, offensive to individuals of normal sensitivity, and adversely impacting or unreasonably interfering with the use and enjoyment of property, if the city receives three or more verified complaints from individuals representing separate residences or places of business within the city of a persistent cannabis odor emanating from the subject property within a one-month time span. Nothing in this subsection shall be deemed to require three complaints before the city may initiate enforcement action. The city may determine that a public nuisance exists under this subsection J if less than three complaints are received or even if no complaints are received but city officials or employees notice odor conditions that violate this subsection J.
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(Ord. 738 § 2, 2014; Ord. 775 § 4, 2016; Ord. 802 § 1, 2017)
A.
It is a public nuisance subject to the provisions of Chapter 13.90 of this code, to establish, maintain, or operate any business, facility or location, whether fixed or mobile, where extreme body modification services are performed. "Extreme body modification," as used in this section, means the practice of modifying the physical body using the techniques of branding and scarification. "Branding," as used herein, means any method, including the use of heat, cold, chemical compound, or cauterizing to apply a scar to the body for the purpose of creating a permanent mark or design on the skin. "Scarification," as used herein, means any method used to alter skin texture by cutting the skin and controlling the body's healing process in order to produce wounds, which result in permanently raised welts or bumps, or any other technique that changes the contour, or level plane of the skin and results in a scar on the skin.
(Ord. 682 § 2, 2009)
