The City Manager is authorized to designate parks of the City
in which the Manager finds the use of alcoholic beverages to be conducive
to the destruction of public property and/or discomfort of the residents
of the adjoining areas.
(Prior code § 5-132)
A. It is
unlawful and an infraction for any person to drink any malt, spirituous
or vinous liquor containing more than one-half of 1% of alcohol by
volume.
1. In
the following public places or vehicles in said public places: public
street, alley way, sidewalk, parkway, school grounds, playground,
waterway, slough, or bed, bank or levee of a slough or waterway, unless
the consumption of liquor in such public place or places has been
authorized by the Council of the City; or
2. On
the following private property open to public view or hearing from
any of the public places named above: vacant lots, emergency exits
of such places of public assemblage as theaters and hotels, private
automobiles, parking lots, railroad rights-of-way, school grounds
and play grounds, unless permission for the consumption of liquor
on such private property has previously been given by the owner or
lessee thereof;
3. Within the limits of any park now owned or to be hereafter owned by the City, either inside or outside the limits of the City, which park has been designated by the City Manager pursuant to Section
9.64.010; provided, however, that the designated park has been posted as provided in subsection
B of this section.
B. Posting of Signs. Each park which has been designated by the City Manager pursuant to subsection
A of this section shall be posted with signs not less than one square foot in area and upon which, in lettering not less than one-half inches in height, appear the words, "CONSUMPTION OF AN ALCOHOLIC BEVERAGE WITHIN THIS PARK IS FORBIDDEN BY LAW. SMC 9.64.020(A)(3)."
C. Destruction
of Property. It is unlawful for any person without authority to tear
down, deface or destroy any sign posted pursuant to this section.
(Prior code §§ 5-132.1—5-132.3)
A. Public
Use of Sidewalks, Streets, Etc. It is unlawful and an infraction to
obstruct or cause to be obstructed any part of, or any part of the
public use of any part of any public street, highway, avenue, sidewalk,
space between sidewalk and street, crosswalk, wharf or bridge.
B. Things
Deemed Obstructions. The following named things but not to the exclusion
of other things, shall be deemed obstructions within the meaning hereof:
1. Any
post, pillar, pole, sign or structure, not excepted by the provisions
set forth herein, which stands or rests upon, within or in any of
said public ways; any post, pillar, pole or mast for telegraph, telephone
or electric light wires hereafter erected or placed otherwise than
in that part of the sidewalk space which is not less than eight inches
nor more than 24 inches from the curb line.
2. Any
vehicle or beast so upon or in any of said public ways as without
necessity therefor to impede or impair the passage of the public or
of any person, vehicle or beast lawfully then and there passing over,
on or along such way.
3. Any
house, barn or like structure which is standing or being moved upon
or in any public way without then and there so being under, by virtue
of and in accordance with the terms of a written permit granted by
the City and approved by the Department of Public Works, wherein is
specified the structure permitted to be moved, the public ways on
which and the time during which said moving or standing is permitted.
(Prior code § 5-133)
The following named things are declared not to be obstructions
within the meaning hereof:
A. Authorized
Obstructions. An obstruction authorized or permitted by the terms
of any franchise, ordinance, law or special permit.
B. Obstructions
Caused by Public Officers, Etc. An obstruction caused by a public
officer or public employee in pursuance of his or her duty or employment
as such officer or employee.
C. Trees,
Etc. Any tree, together with such a post, box or structure immediately
adjacent thereto which may be requisite to support or protect such
tree, the same being in the lawful tree space or where lawful when
planted or set out, and so trimmed as by law required.
D. Use
of Sidewalks to Exhibit Merchandise. The use of a sidewalk by the
occupant of an abutting tenement for two and one-half (2-1/2) feet
in width next such tenement for the purpose of exhibiting merchandise.
E. Use
of Sidewalks to Load and Unload. The use of a sidewalk by or for the
occupant of an abutting tenement for the purpose of transferring merchandise
and other articles between such tenement and the roadway during the
time necessary for such transfer if prosecuted consecutively and with
reasonable diligence.
(Prior code § 5-134)
A. Street
Trees. It is unlawful and an infraction for the owner or occupant
of any premises in front of or adjacent to which any tree is standing
or growing in or on any public street or way to fail or neglect to
keep such tree so trimmed that no branch thereof, where more than
two feet horizontally from the butt of said tree, shall be less than
10 feet above the official grade of such street or way.
B. Street
Playing. It is unlawful and an infraction for any person to play or
assist or participate in playing on or in any public street, sidewalk
or way, any game or play wherein is thrown, batted, kicked or used
any baseball, football, hand ball or other ball.
(Prior code § 5-135)
It is unlawful and an infraction for any person to place, throw
or deposit any commercial or non-commercial handbill, flyer, or advertisement
in or upon any sidewalk, street, mall, or other public place within
the City; provided, however, that it is not unlawful upon any sidewalk,
street, mall, or other public place within the City for any person
to hand out or distribute, without charge to the receiver thereof
any commercial or noncommercial handbill to any person willing to
accept it.
(Prior code § 5-136.1)
It is unlawful and an infraction for any person to throw or
deposit any commercial or noncommercial handbill or advertisement
in or upon any vehicle which is parked upon a public street, or upon
a parking lot open to the public where appropriate signs are posted
prohibiting deposit of such handbills; provided, however, that it
shall not be unlawful upon any public street or in any parking lot
open to the public for a person to hand out or distribute without
charge to the receiver any commercial or noncommercial handbill or
advertisement to any occupant of any vehicle who is willing to accept
it.
(Prior code § 5-136.2)
A. Speed
of Boats. It is unlawful and an infraction for any person having command,
charge or control of any motor boat, seaplane, hydroplane, amphibious
plane, sea sled, or other vessel propelled by a motor to order, cause,
permit or suffer such boat or vessel to be run, operated or propelled
upon any waters within the corporate limits of the City at a rate
of speed greater than five miles per hour in any areas where appropriate
signs designating said speed limit have been placed giving notice
thereof upon or near the waters, by the City Traffic Engineer with
the authority of the City Manager.
B. Exception—Speed
of Boats. The rate of speed restriction of five miles per hour shall
not apply upon the waterways of the City when public celebrations,
water regattas, boat races, or other aquatic activities are supervised
and patrolled by the U.S. Coast Guard and its auxiliaries. To protect
the general public and its property the U.S. Coast Guard and its auxiliaries
shall have the authority and power to impose such restrictions and
regulations as to speed as may be deemed necessary and desirable during
the public celebrations, water regattas, boat races or other aquatic
activities.
C. Speed
of Trains. It is unlawful and an infraction for any person owning,
operating or controlling a locomotive or other railway engine either
alone or with cars to cause or permit the same to attain a speed greater
than:
1. Main
Track. Twenty miles per hour on any main track within the corporate
limits of the City except Southern Pacific Company and the Western
Pacific Railroad Company main tracks between the following points:
a. South line of Scotts Avenue to the southerly City limits, being a
line lying generally along the line of 13th Street extended westward;
b. South line of Harding Way to the north line of Park Street;
2. Other
Tracks. Twelve miles per hour on any other track within said corporate
limits.
(Prior code §§ 5-137—5-137.3)
It is unlawful and an infraction to use barbed wire as material
for constructing, repairing or maintaining any part of any fence or
adjunct thereof where said wire is placed less than six feet above
ground level.
(Prior code § 5-138)
It is unlawful and an infraction to wantonly, maliciously or
carelessly obscure, deface, destroy or remove any bill, placard, poster
or advertisement lawfully being on any fence, wall, building or bulletin
board.
(Prior code § 5-139)
It is unlawful and an infraction for any person, firm, corporation
or association to display, sell, offer for sale, barter or give away
any live baby chicks, rabbits, ducklings or other fowl as pets or
novelties, whether or not dyed, colored, or otherwise artificially
treated. This section shall not be construed to prohibit the display
or sale of natural chicks, rabbits, ducklings or other fowl in proper
facilities by dealers, hatcheries, or stores engaged in the business
of selling the same to be raised for food purposes.
(Prior code § 5-140)
It is unlawful and an infraction for any person, group of persons
or corporation to paint or otherwise permanently affix the address
of any dwelling, to any street, curb, sidewalk, driveway, building,
post, mailbox, fence, tree, shrub or strip of property between the
street and the sidewalk so as to indicate the address of that dwelling
without first obtaining the permission and authorization of the owner
or occupant of that dwelling. This section shall not preclude the
painting of addresses of dwellings upon the curb in front of that
dwelling if prior permission and authorization from the owner or occupant
is obtained. It is also unlawful for any person or corporation to
misrepresent the purpose for which the donation or fee charged for
this service is collected.
(Prior code § 5-143)
A. Frequenting,
Contributing to, Etc. It is unlawful and a misdemeanor to frequent,
become an inmate of or contribute to the support of any disorderly
house, house or place of ill-fame, assignation or prostitution, or
place for gambling or for any unlawful practice.
B. Let,
Sublet or Transfer of Premises. It shall be unlawful and a misdemeanor
knowingly to let, sublet or transfer possession of any premises or
portion thereof for use for gambling or any unlawful practice.
(Prior code § 5-142)
It is unlawful and a misdemeanor for any person to have in his
or her possession any cards, dice or any other device with intent
to use or have the same used in playing, conducting, carrying on or
dealing, whether by such person or another, any game of faro, monte,
roulette, twenty-one, or any banking or percentage game played for
money, checks, credit or any other representative of value.
(Prior code § 5-143)
It is unlawful and a misdemeanor for any of the persons composing
a company or crowd obstructing, impeding or impairing the free and
peaceful passage of others on or along any street, sidewalk, wharf,
bridge, public way or entrance to any theater, pavilion, church, public
hall or other place of public resort, to refuse, fail or neglect to
disperse or move on when requested to do so by a peace officer. But
this provision shall not apply on the occasion of any public outdoor
meeting or public procession.
(Prior code § 5-144)
It is unlawful and a misdemeanor for any person or persons exercising
or having, under any grant or franchise, special rights or privileges
in any public street or way when, in accordance with the terms of
such grant or franchise, requested to improve or repair such street
or way, to refuse, fail or neglect to improve or repair the same with
material either similar in kind and quality to that which such street
or way may then be improved or with such as may be selected by the
City Council; or to improve or repair the same with material other
than as aforesaid; or to fail, neglect or refuse to improve or repair
the same in the manner designated by said Council.
(Prior code § 5-145)
It is unlawful and a misdemeanor to throw or deposit in any
public channel any solid matter whatever, or to drain or run into
any navigable channel any fluid holding in suspension or solution
matter which, if precipitated or deposited in such channel for a sufficient
time, would obstruct or impair the navigability of the same.
(Prior code § 5-146)
For any person to get on or off any railroad car or train of
cars, while such car or train is in motion, at any place other than
a regular depot, station, or place where such car or train usually
stops to take or land passengers, such person not being an officer
or employee of the owner or operator of such car or train.
(Prior code § 5-147)
It is unlawful and a misdemeanor for any person to willfully
or maliciously torture, tease, torment, beat, kick, strike, mutilate,
injure, disable, or kill any dog used by the Police Department of
the City in the performance of the functions or duties of such department
or to unwarrantably interfere with or meddle with any such dog while
being used by said department or any officer or member thereof in
the performance of any of the functions or duties of said department
or of such officer or member.
(Prior code § 5-148)
It is unlawful and a misdemeanor for any person, not the owner
or person entitled to possession of property used for residential
purposes, to open or unlock, or cause to be opened or unlocked, any
door or other entrance to such property by means of a key or any other
instrument or method without first obtaining proof of identity of
person requesting the door or other entrance to be opened or unlocked,
and proof that the person so requesting the opening or unlocking is
the owner of said property, or is entitled to possession of said property,
or has authority to make such request from the owner of the property
or the person entitled to the possession of the property.
(Prior code § 5-149)
A. It is
unlawful and a misdemeanor to offer for sale any gasoline or other
motor vehicle fuel product from any place of business in the City
unless there is prominently posted or displayed a sign or statement
or other advertising medium clearly visible to passing motorists on
each street bordering the place of business which indicates or shows
the actual price, including tax, of the premium ("supreme") gasoline
or other motor vehicle fuel, regular ("low lead") gasoline or other
motor vehicle fuel, and unleaded ("no lead") gasoline or other motor
vehicle fuel product offered, together with the word or words "gasoline"
or "motor fuel" and the trade name or brand name. If the same gasoline
or other motor vehicle fuel product is offered for sale at different
prices depending upon the condition surrounding the sale (for example,
self-service or full-service), it shall be necessary for the person
offering such products for sale to post or display the prices of the
premium ("supreme"), regular ("low lead"), and unleaded ("no lead")
gasoline or other motor vehicle fuel product, including tax, together
with the word or words "gasoline" or "motor fuel" and the brand name
or trade name under all sets of conditions under which such products
are offered for sale, providing further that the appropriate conditions
of sale are identified in the posting.
B. All
advertising lettering and numerals designating the price shall be
at least six inches in height; all lettering indicating the appropriate
condition of sale (self-service or full-service) shall be at least
one-third the size of the lettering or numerals designating the price;
all lettering indicating the brand or trade name shall be at least
one-third the size of the lettering or numerals designating the price;
all lettering indicating the product (i.e., gasoline or motor fuel)
shall be at least one-third the size of the lettering or numerals
designating the price, and all lettering or numerals indicating the
grade of the gasoline shall be not less than one-sixth the size of
the lettering or numerals designating the price.
C. Such
posting of price and condition of sale under which gasoline or other
motor vehicle fuel is offered for sale shall be required during all
hours in which the place of business is in operation.
(Prior code § 5-150)