A. 
As used in this section:
"Curfew"
means:
1. 
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and
2. 
12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
"Emergency"
means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"Establishment"
means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
"Guardian"
means:
1. 
A person who, under court order, is the guardian of the person of a minor; or
2. 
A public or private agency with whom a minor has been placed by a court.
"Minor"
means any person under 18 years of age.
"Operator"
means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
"Parent"
means a person who is:
1. 
A natural parent, adoptive parent, or stepparent of another person;
2. 
At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
"Public place"
means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
"Remain"
means to:
1. 
Linger or stay; or
2. 
Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
"Serious bodily injury"
means that as defined within California Penal Code Section 243(f)(5).
B. 
Offenses.
1. 
A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the City of Oroville during curfew hours.
2. 
A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the City of Oroville during curfew hours.
3. 
The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
C. 
Defenses.
1. 
It is a defense to prosecution under subsection B of this section that the minor was:
a. 
Accompanied by the minor's parent or guardian;
b. 
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
c. 
In a motor vehicle involved in interstate travel;
d. 
Engaged in employment activity, or going to or returning home from an employment activity, without any detour or stop;
e. 
Involved in an emergency;
f. 
On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Oroville police department about the minor's presence;
g. 
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by any governmental agency in the City of Oroville, a civic organization or other similar entity that takes responsibility for the minor, or going or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Oroville, a civic organization, or another similar entity that takes responsibility for the minor;
h. 
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and right of assembly; or
i. 
Married or had been married or had disabilities of minority removed in accordance with Part 6 of Division 11 of the California Family Code, commencing with Section 7000.
2. 
It is a defense to prosecution under subsection (B)(3) of this section that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
D. 
Enforcement. Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection C is present.
E. 
Penalties. A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed the amount outlined in the Master Fee Schedule.
(Ord. 1584 § 1)
It is unlawful for any person in an intoxicated condition to appear on, be in or upon any public street, alley, way, park or other public place within the city, or to be in or about any automobile or other vehicle on any street or alley in the city.
(Code 1954 § 15.1)
A. 
Vehicles Excluded. No person shall ride or drive in a vehicle within any city park or park facility except in areas designated by the park commission.
B. 
Unlawful to Engage in Games Injurious to Property. No person shall engage in any games, actions or conduct injurious to or to injure in any manner any trees, shrubs, plants, flowers or other property in any city park or park facility.
C. 
Rude or Boisterous Conduct Prohibited. No person shall, in any city park or park facility, conduct him or herself in a boisterous, threatening, abusive, insulting or indecent manner so as to annoy the public, or engage in any disorderly conduct or behavior tending to be a breach of the public peace and enjoyment of the city park facility.
D. 
Throwing of Stones, Missiles, Etc., Prohibited. No person shall throw any stones, missiles or any object in any city park or park facility other than in usual sports activities.
E. 
Control of Dogs, Cats or Other Animals. No dog, cat or other animal shall be permitted to enter upon land or water owned, managed, controlled or operated as a city park or park facility, except at a time, place and manner as may be designated by the park commission.
F. 
Abandonment of Dogs, Cats or Other Animals Prohibited. Persons shall not leave or deposit dogs, cats or other animals, fish or fowl, or any parts thereof whether dead or alive, in any park or park facility.
G. 
Hours of Use.
1. 
No persons shall loiter, remain or sleep in or upon any city park or park facility at any time during such hours that the city park or park facility is declared closed. It shall be unlawful for any person to camp on any public property within the city.
2. 
The city park commission shall designate the hours of closing for each city park or park facility and shall cause such hours of closing to be posted at each entrance to each city park or park facility.
3. 
The chief of police may at any time order any city park or park facility closed for a period of time not to exceed 24 hours whenever in the judgment of the chief of police such closing is necessary or required to prevent injury to persons or property.
4. 
Any person who wilfully remains in any city park or park facility after having been informed that the chief of police has ordered such city park or park facility closed is guilty of a misdemeanor.
H. 
Care of Public Property. No person shall mark, deface, disfigure, injure, tamper with, move or displace any park structures, equipment, facilities or appurtenances whatsoever, either real or personal.
I. 
Restrooms, Dressing Rooms and Washrooms. No person shall fail to cooperate in maintaining restrooms, dressing rooms and washrooms in a neat and sanitary condition. Further, no person shall loiter in or about such facilities, nor shall any person use such facilities for purposes other than those intended.
J. 
Care of Trees, Shrubbery, Lawns, Flowers, etc. No person shall misuse, damage, cut, carve, or remove any tree, plant, turf or ground-cover, or pick flowers or seeds of any tree or plant or attach any rope, wire or other object to any tree or plant within any city park or park facility.
K. 
Climbing of Trees and Other Objects Prohibited. No person shall climb any tree, or walk, stand or sit upon monuments, fountains, railings, fences, buildings or any other property not designated or customarily used for such purposes.
L. 
Protection of Wild Animals, Birds, etc. No person shall hunt, molest, harm, kill or trap or throw missiles of any kind at any animal, reptile or bird, or remove or have in his or her possession the young of any wild animal, reptile or bird, or the eggs or nests of young of any reptile or bird.
M. 
Possession of Firearms or Other Weapons Prohibited. No person other than peace officers in the discharge of their duties shall possess, carry or use firearms or weapons of any description whether air or gas propelled, spring guns, bows and arrows, slings or any other form of weapon potentially dangerous to wildlife or human safety. The mere possession of such firearm or device, whether loaded or unloaded, or shooting into parks or park facilities from adjacent boundaries is prohibited.
N. 
Refuse, Trash and Litter Control. The possession of glass containers in city parks or city park facilities is prohibited. No person shall dump, deposit or leave any bottles, broken glass, ashes, paper, cans, dirt, rubbish, garbage or other refuse in any city park or park facility, except that incidental to the use of the facility, in any place other than receptacles provided for the deposit of such material.
O. 
Advertising Matter Prohibited. No person shall distribute, circulate, give away, throw or deposit in or on any city park or park facility any handbill, circular, pamphlet, paper or advertisement, or post, or fix same to any tree, fence or structure within any city park or park facility.
P. 
Control of Automobiles and Other Conveyances. No person shall operate or drive an automobile, bicycle, truck, trailer, wagon, motorscooter, skateboard or other conveyance on other than roads, parking lots or paths designated for such purpose. Bicyclists are required to wheel or push a bicycle by hand. Automobiles and all other abovementioned conveyances, shall be operated with regard to the safety of others. In no event shall the maximum speed of any motorized vehicle exceed that speed so posted at such facilities.
Q. 
Kindling and Control of Fires. No person other than the ones acting under authorization, direction or permission of the park superintendent shall build, light or kindle any open or outdoor fire at any place within a park or park facility except in areas and facilities specifically designated and built for this purpose.
R. 
Alcoholic Beverages. No person shall have in his or her possession within any city park or park facility any alcoholic beverage without written permission of the director of parks and trees. The city park commission may establish a procedure whereby written permission to possess alcoholic beverages may be issued to groups which have been granted exclusive use of all or part of a city park.
S. 
Gambling Prohibited. No gambling of any kind or description shall be permitted in any park or park facility.
T. 
Horseback Riding. No person other than one acting under authorization or direction of the park commission shall ride a horse, pony, mule or animal of any description onto any city park or park facility, except on roads or trails and at times so designated for that purpose.
U. 
Washing or Repairing Automobiles or Other Conveyances Prohibited. No person shall wash or repair in any manner any automobile or other conveyance within any area of any city park or park facility.
V. 
Overnight Parking Prohibited. No person shall park, abandon or otherwise allow to remain within any park or park facility any automobiles or other conveyances between the hours of 11:00 p.m. and 6:00 a.m.
W. 
Playing or Practicing Golf Restricted. No person shall drive, putt or in any other fashion play or practice golf or use golf balls and golf clubs within any city park or park facility except in areas so designated by the park commission.
X. 
Model Crafts Restricted. No person shall fly model airplanes or operate model automobiles, boats or other craft of any kind or description in any city park or park facility except in areas so designated by the park commission.
Y. 
Water Pollution Prohibited. No person shall pollute in any manner any water in any city park or park facility, and further, no person shall deposit or cause to be deposited any foreign material such as glass, paper, garbage or rubbish of any kind in such waters.
Z. 
Overnight Camping Prohibited. No person shall camp overnight, erect a campsite or tent in any city park or park facility or public space.
1. 
"Camp" or "camping" means the conduct of more than one of the following activities on a public property, when it reasonably appears, in light of all circumstances, that a person is using such public property for living accommodation purposes:
a. 
Sleeping or preparing to sleep (including the laying down of bedding for the purpose of sleeping), including undertaking such activities in a vehicle (including any motorhome, camp trailer, camper, coach, fifth wheel travel trailer, house car, recreational vehicle, mobile home), or obscuring some or all of the vehicles windows;
b. 
Erecting or using any tent, camp facilities, or building any other form of shelter;
c. 
Unattended storage of personal belongings (including, but not limited to, clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware) or camp paraphernalia;
d. 
Making or using any fire, for purpose of heating or cooking, or using any flame, grill, portable stove, or similar flame producing device for cooking of meals on public property, except for in city parks with designated barbeque and cooking areas while using city-provided cooking facilities designed for such purposes; or
e. 
Doing any digging or earth breaking activities for purpose of creating or improving a shelter.
Camping shall be deemed to occur regardless of whether a full night is actually spent occupying any specific location on public property.
2. 
"Camp facilities" include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.
3. 
"Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking or heating equipment.
4. 
"Public property" means any publicly owned property in the city, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; park playgrounds; state highways; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces, including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the city.
5. 
Storage of Personal Property Prohibited.
a. 
It shall be unlawful for any person to store any personal property, including camp facilities and camp paraphernalia, on any public property within the city, except as otherwise provided herein.
b. 
Before removing any personal property, the enforcement officer, or their designee, shall attempt to provide any readily apparent owners with notice of the intent to remove the personal property and a reasonable opportunity to remove the personal property from public property. If there is no readily apparent owner, or if the readily apparent owner refuses to remove the personal property from public property, then the enforcement officer, or their designee, may cause the personal property to be removed from public property. The enforcement officer, or their designee, shall post a notice on or near the personal property so as to reasonably communicate the notice to the owner the following information:
i. 
The location of where the personal property was located.
ii. 
The date and time notice was served or posted.
iii. 
A statement that the storage of personal property violates this section.
iv. 
An advisement that the city has impounded the personal property for at least 30 days, the location where the personal property is impounded, and that the personal property will be discarded after 30 days if not claimed.
v. 
The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, and that the city will charge no fee for storage or retrieval.
vi. 
Information about any housing or shelter and homeless services available for the owners of the personal property, the phone number and address to contact in order to obtain the housing or shelter or other health and human services.
6. 
The enforcement officer, or their designee, may immediately discard, without impounding or retaining for 30 days, any items which constitute an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband that may be seized, as permitted by law.
Personal property is defined by State of California, Department of Transportation Directive MPD1001-R-1 subsections (E) Items to be collected; and (F) Items that will not be collected.
AA. 
Picnicking. Picnicking shall be permitted in established picnic areas only.
BB. 
Decorations. No person shall attach to any park facility or building any materials, devices or equipment for the purpose of decorating that facility or for any other similar purpose without first having obtained in writing the permission of the park superintendent.
CC. 
Unreasonable Noises Prohibited. No person shall operate any loudspeaker in any city park or park facility without written permission of the park commission. No person or group shall by either voice, mechanical device or other offensive conduct, create or permit any loud or unreasonable noise to develop in any city park or park facility.
DD. 
Fireworks. No person or groups shall discharge or cause to be discharged any type of fireworks within any city park or park facility except in areas so designated by the park commission.
EE. 
Construction of Platforms, Booths, etc., Prohibited. No person shall construct platforms, display booths or any edifice on or in any city park or park facility, nor shall such platforms, booths, etc., be placed in any park or park facility except as so designated by the park commission.
FF. 
Separability and Validation Clause. The city council hereby declares and provides that, if any portion of this section is held unconstitutional or void for any reason, such decision shall not affect the validity of the remaining portion thereof, and in such event, the city council declares it would have passed and enacted each and every other remaining valid section herein separately and without respect to the portion or portions held to void, unconstitutional or unenforceable.
GG. 
Violation of Any of the Foregoing Sections a Misdemeanor. Any person or persons violating any of the provisions of this section is guilty of a misdemeanor and upon conviction thereof punishable by imprisonment in the county jail not to exceed 6 months, a fine not to exceed the amount outlined in the Master Fee Schedule, or both.
(Ord. 775 §§ 1, 2; Ord. 1118; Ord. 1340 §§ 1, 2; Ord. 1349 §§ 1, 2; Ord. 1406 § 1; Ord. 1883, 11/19/2024)
A. 
Proper Swimming Attire. The wearing of sweatshirts, full-length jeans or other bulky attire by any person while swimming in any established swimming pool or area owned or maintained by the city is hereby prohibited. Proper attire shall be considered swim trunks or cutoffs that do not extend below the knee for male swimmers and one-piece or 2-piece swimsuits for female swimmers.
B. 
Children Under 7 Years of Age. Children under 7 years of age shall not be allowed in or about a city owned or maintained swimming pool or swimming area unless accompanied by a responsible person 14 years of age or older.
C. 
Loitering or Playing on Spillway. No person shall loiter, play, sit, dive or jump from any spillway facility located at or near a city owned or maintained swimming pool or swimming area.
D. 
Violation. Violation of any of the provisions of this section shall, in addition to other penalties provided by law, subject the violator to removal from any city park, park facility or any swimming pool or area owned or maintained by the city wherein such violation occurred, by the order of any lifeguard on duty, the director of parks or any authorized employee or officer of the city. It is unlawful for any person to fail or refuse to remove him or herself upon such order. Removal, if ordered, includes exclusion for a 24-hour period.
(Ord. 1349 § 3)
A. 
General Prohibitions. It is unlawful for any person to keep or carry on, or become inmate of or a visitor to or to in any way contribute to the support of, any house of ill fame or prostitution in the city, or to aid, or assist, or be engaged in carrying on or causing prostitution, or to induce, or attempt to induce, or by any solicitation, prostitution to be carried on in any house, room or place in the city, or to solicit by word, act, gesture, sign or otherwise any person for the purpose of prostitution.
B. 
Use of Motels, Apartments, Etc.; Registration. It is unlawful for any person in the city engaged in conducting any lodginghouse, rooming house, apartment house, motel or hotel to permit knowingly any person to lodge therein without first requiring him or her to register his or her true name, and address in a register kept for that purpose, or to let any room therein for the purpose of prostitution, or to allow knowingly any room to be used, or for any person occupying any room in any lodginghouse, apartment house, motel or hotel, to refuse to register as herein provided, or to enter such room for the purpose of prostitution.
(Ord. 890 §§ 1, 2)
It is unlawful for any train on the Western Pacific tracks in the city between the mile post nearest to Bridge Street and the mile post nearest to Oro-Dam Boulevard to exceed the speed of 25 miles per hour.
(Ord. 1155 § 1)
No animals larger than rabbits, whose flesh is intended for use as food, shall be killed or slaughtered within the limits of the city. In addition to the penalty assessed by this Code, such violation shall constitute a nuisance and may be abated as such.
(Code 1954 § 12.1)
It is unlawful for any person to throw or shoot any slingshot, dart, spring or air gun, arrow or other missile within the limits of the city.
(Code 1954 § 15.8)
It is unlawful for any person to spit or expectorate within the city upon the floor or steps of any public vehicle or conveyance, or upon the floor or steps of any public building, or upon any sidewalk or crosswalk.
(Code 1954 § 15.7)
A. 
General Prohibition. It is unlawful for any person to enter upon, go upon or remain upon any land or premises, or to drive, propel or cause any vehicle or conveyance to enter upon, go upon or remain upon any land or premises without the consent of the owner or other person lawfully in possession thereof when such owner or such person lawfully in possession thereof, including any persons lawfully conducting any building operation or work thereon or the agent of any such person, shall have posted or caused to be posted a printed notice in the form herein provided stating in substance that such property is private property and that trespassing is prohibited.
B. 
Signs. Any person lawfully entitled to possession of premises may post or cause to be posted a notice as provided in subsection A of this section in such form, with such size, type, surface, method of mounting or installation as the chief of police shall prescribe; provided, however, that any such sign shall in substance state that the property posted is private property and the trespassing is prohibited, together with such other information as shall be desired or approved. Such notices shall be posted or installed at such intervals or location as the chief of police shall determine to be reasonable to give notice to members of the public.
(Ord. 816 § 1)
A. 
Definitions. As used in this section, the following terms shall be ascribed the following meanings:
"Business"
means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.
"Controlled substance"
means those controlled substances set forth in Sections 11054, 11055, 11056, 11057 and 11058 of the California Health and Safety Code, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be amended.
"Display"
means to show to a patron, or place in a manner so as to be available for viewing or inspection by a patron.
"Distribute"
means to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. "Distribute" includes both sales and gifts.
"Drug paraphernalia"
means all equipment, products and materials of any kind which are used or are intended by a person charged with a violation of this chapter for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of any law of the State of California. "Drug paraphernalia" includes, but is not limited to, all of the following:
1. 
Kits used or intended for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
2. 
Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
3. 
Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance;
4. 
Testing equipment used or intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
5. 
Scales and balances used or intended for use in weighing or measuring controlled substances;
6. 
Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances;
7. 
Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
8. 
Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances;
9. 
Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances;
10. 
Containers and other objects used or intended for use in storing or concealing controlled substances; and
11. 
Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
a. 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls,
b. 
Water pipes,
c. 
Carburetion tubes and devices,
d. 
Smoking and carburetion masks,
e. 
Metal or decorative clips, commonly known as alligator clips, and tweezers, used or intended to be used to hold marijuana cigarettes,
f. 
Miniature spoons used or intended to be used to measure cocaine, and vials used or intended to be used to contain cocaine,
g. 
Chamber pipes,
h. 
Carburetor pipes,
i. 
Air-driven pipes,
j. 
Bongs.
In determining whether an object is "drug paraphernalia," a court or other authority may consider, in addition to all other logically relevant factors, the following:
1.
Statements by an owner or by anyone in control of the object concerning its use;
2.
The existence of any residue of controlled substances on the object;
3.
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom he or she knows intend to use the object to facilitate a violation of the laws of the State of California relating to controlled substances;
4.
Instructions, oral or written, provided with the object concerning its use;
5.
Descriptive materials accompanying the object which explain or depict its use;
6.
The manner in which the object is displayed for sale;
7.
Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
8.
The existence and scope of legitimate uses for the object in the community; and
9.
Expert testimony concerning its use.
"Patron"
means a person who enters a business for the purpose of purchasing or viewing as a shopper merchandise offered for sale at the business.
"Person"
means a natural person or any firm, partnership, association, corporation or cooperative association.
B. 
Display of Drug Paraphernalia.
1. 
Except as authorized by law, it shall be unlawful for any person to wilfully maintain or operate any business knowing that drug paraphernalia is displayed at such business.
2. 
Except as authorized by law, it shall be unlawful for any person who is the owner of a business, an employee thereof or one who works at such business as an agent of the owner to wilfully display drug paraphernalia at such business.
C. 
Distribution of Drug Paraphernalia. Except as authorized by law, it shall be unlawful for any person to wilfully distribute to another person drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of any law of the State of California.
D. 
Exceptions. No provision of this section shall be deemed, whether directly or indirectly, to authorize any act which is otherwise prohibited by any law of the State of California or require any act which is otherwise prohibited by any law of the State of California. Nor shall any provision of this section be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the State of California.
E. 
Violations—Infractions. Any person who violates any provision of this section is guilty of an infraction and, upon conviction, is punishable by:
1. 
A fine not exceeding $____________* for a first violation;
2. 
A fine not exceeding $__________* for a second violation of this chapter within one year;
3. 
A fine not exceeding $____________* for each additional violation of this chapter within one year. A person who violates the provisions of subsection B of this section shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues. A person who violates the provisions of subsection C of this section shall be guilty of a separate offense for each item of drug paraphernalia which is distributed.
F. 
Revocation of Business Licenses. Notwithstanding any provision contained in this Code to the contrary, violation of the provisions of this section shall constitute grounds for revocation of any business license issued pursuant to the provisions of Title 5 of this Code to a business upon the premises of which the violation has occurred. The city council shall establish by resolution or ordinance procedures and standards for the commencement and conduct of business license revocation proceedings upon such grounds.
* See Master Fee Schedule for current amount.
(Ord. 1350 § 1)
A. 
It is unlawful for any person to consume any alcoholic beverage on, in, or upon any private commercial parking lot open to public use without a valid city permit.
B. 
It is unlawful for any person to drink any alcoholic beverage upon any public right-of-way (including the street, parkstrip, sidewalk and public property up to the private property line), lane, alley, public park and other public property unless the consumption of alcoholic beverages is expressly permitted for that location pursuant to a permit or ordinance and the consumption is in conformance with the terms of that permit or ordinance, or except as may be otherwise authorized by the city.
C. 
Any person violating any provision of this section shall be guilty of an infraction, and, if convicted, shall be fined in accord with California Government Code Section 36900, as determined by a court of competent jurisdiction.
D. 
Each day any violation of this section occurs shall constitute a separate offense.
(Ord. 1321 § 1; Ord. 1600 § 1)
It is unlawful for any person to loiter or trespass upon private property between the hours of 10:00 p.m. and 6:00 a.m. when he or she has no obvious business to be upon the property, and is causing a nuisance by being noisy or tumultuous, or by such conduct as could result in damage or litter to the private property, when the private property has been posted with a sign by the property owner notifying said persons that the provisions of this section are in effect upon the private property. Such sign shall be posted at each entrance to such off-street facility and shall be not less than 17 by 22 inches in size with lettering not less than one inch in height.
(Ord. 1322 § 1)
A. 
Definitions. As used in this section, the following terms shall be ascribed the following meanings:
"Business"
means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale.
"Display"
means to show to a patron or place in a manner so as to be available for viewing or inspection by a patron.
"Distribute"
means to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. "Distribute" includes both sales and gifts.
"Knowledge" or "knowledge or such nuisance"
means having knowledge of the contents and character of the patently offensive sexual conduct which appears in the obscene matter.
"Matter"
means a motion picture film or a publication or both.
"Motion picture film"
shall include any:
1. 
Film or plate negative;
2. 
Film or plate positive;
3. 
Film designed to be projected on a screen for exhibition;
4. 
Films, glass slides, or transparencies, either by negative or positive form designed for exhibition by projection on a screen;
5. 
Videotape or any other medium used to electronically reproduce images on a screen.
"Obscene matter"
means matter, taken as a whole, the predominant appeal of which to the average person, applying contemporary standards, is to prurient interest, i.e., a shameful or morbid interest in nudity, sex or excretion; and is matter which taken as a whole goes substantially beyond customary limits of candor in the description or representation of such matters, and is matter which, taken as a whole, is utterly without redeeming social importance.
1. 
The predominant appeal to prurient interest of the matter is judged with reference to average adults unless it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition, that it is designed for clearly defined sexual groups, in which case the predominant appeal of the matter shall be judged with reference to its intended recipient group.
2. 
Where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is utterly without redeeming social importance.
3. 
In determining whether the matter taken as a whole goes substantially beyond customary limits of candor in description or representation of such matters, the fact that the defendant knew that such matter depicts persons under the age of 16 years engaged in sexual conduct, as defined in subdivision (c) of Penal Code Section 311.4 is a factor which can be considered in making such a determination.
"Patron"
means a person who enters a business for the purpose of purchasing or viewing as a shopper merchandise offered for sale at the business.
"Person"
means any individual, partnership, firm, association, corporation, or other legal entity.
"Place"
includes, but is not limited to, any building, structure, or place, or any separate part or portion thereof, whether permanent or not, or the ground itself. "Place" also includes any money, slug or coinoperated vending machine, which is located upon or is accessible from a public sidewalk or thoroughfare.
"Publication"
includes any book, magazine, newspaper, article, pamphlet, writing, printing, illustration, picture, sound recording, or a motion picture film when such film is offered for sale or exhibition in a coin-operated machine.
"Sale"
means a passing of title or right of possession from a seller to a buyer for valuable consideration, and includes, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or transfer of possession of, obscene matter.
"Sexual conduct"
means any of the following:
1. 
Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal contact whether between persons of the same or opposite sex or between humans and animals.
2. 
Penetration of the vagina or rectum by any object.
3. 
Masturbation, for the purpose of sexual stimulation of the viewer.
4. 
Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
5. 
Exhibition of the genitals, pubic or rectal areas of any person for the purpose of sexual stimulation of the viewer.
6. 
Defecation or urination for the purpose of sexual stimulation of the viewer.
B. 
Exhibition of Obscene Films.
1. 
Except as authorized by law, it shall be unlawful for any person to wilfully maintain or operate any business knowing that obscene films are exhibited at such business.
2. 
Except as authorized by law, it shall be unlawful for any person who is the owner of a business, an employee thereof, or one who works at such business as an agent of the owner to wilfully exhibit obscene films at such business.
C. 
Distribution of Obscene Matter. Except as authorized by law, it shall be unlawful for any person to wilfully distribute obscene matter to another person.
D. 
Public Nuisances. The following are declared to be public nuisances per se:
1. 
Any and every place in the city where obscene films are publicly exhibited as a regular course of business;
2. 
Any and every place in the city where an obscene film is publicly and repeatedly exhibited, or possessed for the purpose of such exhibition; and
3. 
Any and every obscene film which is publicly exhibited or possessed for such purpose at a place which is a public nuisance under this section.
From and after service on a theater, or its manager, or acting manager, or person then in charge of such place, of a certified copy of the ordinance codified in this chapter and a certified copy of Resolution No. 3695, and a certified copy of the application provided for in Resolution No. 3695, all moneys paid as admission price to such exhibitions shall be regarded as being a public nuisance per accidens, as being personal property used in conducting and maintaining a declared public nuisance and shall be subject to forfeiture.
4. 
Any and every place of business in the county in which obscene publications constitute all of the stock in trade or a principal part thereof. Where such obscene publications constitute only a part of the stock in trade, and are located in a place or places within such business which are capable of demarcation, such place or places constitute the public nuisance which requires abatement; and
5. 
Any and every obscene publication possessed at a place which is a public nuisance under this section.
From and after service on the business, or its manager, or acting manager, or person then in charge of such place, of a certified copy of the ordinance codified in this chapter, a certified copy of Resolution No. 3695, and a certified copy of the application provided in Resolution No. 3695, any and all valuable consideration or moneys received for the sale of such obscene publications shall be regarded as being a public nuisance per accidens, as being personal property used in conducting and maintaining a declared public nuisance, which shall be subject to forfeiture.
E. 
Knowledge of Nuisance Presumed From Service of Copy of Resolution—Responsibility of Parties Therefor—Abatement of Such Nuisance.
1. 
Upon receiving notice through service of a certified copy of the application provided for in Resolution No. 3695, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct, or operate a place in the city which is declared to be a public nuisance as set forth and stated in this section is deemed to be a person who has knowledge of such nuisance for the purpose of the ordinance codified in this chapter and is, thereafter, responsible for its maintenance, and shall be liable therefor.
2. 
The places and subject matter declared to be public nuisances under this section shall be abated pursuant to Government Code Section 25845, Code of Civil Procedures Section 731, and Civil Code Sections 3491, 3494, and 3496 as provided for in this section.
F. 
Revocation of Business License. Notwithstanding anything in this Code to the contrary, violation of the provisions of this section shall constitute grounds for revocation of any business license issued pursuant to the provisions of Chapter 12 of this Code to a business upon the premises of which the violation has occurred, in accordance with the standards and procedures as set forth in Resolution No. 3695 as the same now exists or may from time to time hereafter be amended.
G. 
Action to Be Taken by City Attorney. A copy of any application for revocation of any business license shall be forwarded to the city attorney who is authorized to do all things necessary to abate such public nuisance through judicial proceedings and to conclude such proceedings as expeditiously as is permissible under the law. The city attorney shall:
1. 
Forthwith, but not later than 5 working days after receipt of the application, commence legal proceedings under Civil Code Sections 3491 and 3494 and Code of Civil Procedure Section 731, by the filing of a civil action seeking:
a. 
An order that the subject matter identified in the application is obscene as defined in subsection A of this section;
b. 
An order that each place named in the application is a public nuisance;
c. 
An injunction enjoining and restraining all persons maintaining the nuisance from possessing or publicly exhibiting the obscene motion picture films, or from selling or possessing for sale the obscene publication at any time in the future in the city, and such other injunctive relief as the court may order;
d. 
An order that all positive prints of such obscene publication or copies or reproductions thereof be forfeited as contraband;
e. 
An accounting of all moneys paid as admission price to the exhibition or exhibitions of such obscene motion picture films and valuable consideration received for the sale of such obscene publications from and after the time the person or persons maintaining the nuisance receive a certified copy of the application provided for by Resolution No. 3695 and a judgment that such moneys are gain-derived from a wrongful act under Civil Code Section 2224, and a public nuisance;
f. 
An order that all admission price moneys or valuable consideration received and enumerated in the court-ordered accounting be forfeited as required by law;
g. 
Judgment for the city for all costs expended in abating the public nuisance, including investigative costs, court costs, reasonable attorney fees, and such other expenses as are provided for in subsection H of this section; and
h. 
All other relief as the court may deem proper.
2. 
File a notice of the pendency of the action in the office of the Butte County Recorder pursuant to Code of Civil Procedure Section 409, giving the names of the parties, the object of the action, and a description of the property thereby affected.
H. 
Cost of Abatement—Assessment and Collection.
1. 
The cost of abatement is hereby declared a special assessment against the parcel of land upon which the public nuisance is maintained, but only against the interest, if any therein, of the person or persons determined in the action to be responsible for maintaining such nuisance. As used in this subsection, the term "cost of abatement" shall include, but is not limited to, the following:
a. 
Investigative costs;
b. 
Court costs;
c. 
Reasonable attorney fees;
d. 
Printing costs for any trial and appeal.
2. 
The city attorney shall keep an itemized account of the expense incurred by the city in abating the public nuisance. Upon the filing of a Butte County Superior Court judgment adjudicating the existence of a public nuisance in any proceeding instituted pursuant to subsections D through H of this section, the city attorney shall file with the city clerk a written report containing his or her account of the expenses of abatement, the person or persons determined in the action to be responsible for maintaining such nuisance, a description of the premises on which such abatement occurred, and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof.
3. 
Upon receipt of the report, the city clerk shall present it to the city council for consideration. The city council shall fix a time, date and place for hearing the report, and any protests or objections thereto. The city clerk shall cause notice of the hearing to be posted upon the property involved, published in a newspaper of general circulation in the city, and served by certified mail postage prepaid, addressed to the owner of the property as his or her name and address appear on the last equalized assessment roll of the county, if such so appear, or as known to the clerk. Such notice shall be given at least 10 days prior to the date set for hearing and shall specify the day, hour, and place when the council will hear and pass upon the city attorney's report, together with any objections or protests which may be filed as provided in subsection (H)(4) of this section by any person interested in or affected by the proposed charge.
4. 
Any person interested in or affected by the proposed charge, may file a written protest or objection with the city clerk at any time prior to the time set for the hearing on the report of the city attorney. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The city clerk shall endorse on every such protest or objection the date it was received by him or her. He or she shall present such protests or objections to the city council at the time set for the hearing and no other protests or objections shall be considered.
5. 
Upon the day and hour for the hearing the city council shall hear and pass upon the report of the city attorney together with any such objections or protests. The council may make such revision, corrections, or modification in the report or the charge as it may deem just; and when the council is satisfied with the corrections of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the city council on the report and the charge and on all protests or objections, shall be final and conclusive.
6. 
The city council may thereupon order that said charge shall be made a personal obligation of the property owner or assess said charge against the property involved. If the city council orders that the charge shall be a personal obligation of the property owner, it shall direct the city attorney to collect the same on behalf of the city by use of all appropriate legal remedies. If the city council orders that the charges shall be assessed against the property it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter the assessment shall constitute a special assessment against and a lien upon the property.
7. 
The validity of any assessment made under the provisions of this section shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided in subsection (H)(6) of this section. Any appeal from a final judgment in such action or proceeding must be perfected within 30 days after the entry of such judgment.
8. 
The city council, in its discretion, may determine that assessments in amounts of $500.00 or more shall be payable in not to exceed 5 equal annual installments. The council's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment.
9. 
Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county and municipal taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid.
10. 
All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of 7% per annum from and after said date.
11. 
A certified copy of the assessment shall be filed with the county auditor on or before August 10th. The description of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year.
12. 
The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment.
13. 
All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the city treasurer who shall credit the same to the general fund.
I. 
The city council hereby declares that it would have enacted this section word by word, sentence by sentence, paragraph by paragraph, and subsection by subsection and does hereby declare that provisions of this section are severable and if for any reason any word, sentence, paragraph, or subsection of this section shall be held invalid, such decision shall not affect the validity of the remaining parts of this section.
(Ord. 1424 § 1)
A. 
It is unlawful for any person to wilfully or maliciously torture, tease, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the Oroville police department while any such dog is in the performance of the functions or duties of the Oroville police department, or to wilfully interfere with any such dog while it is being used in the performance of any of the functions or duties of the Oroville police department.
B. 
A person who violates this section shall be punished by a fine of not more than the amount outlined in the Master Fee Schedule or by imprisonment for not more than 6 months, or both.
(Ord. 1433 § 1)
It is unlawful to pass out, give away, circulate, or deliver any printed or written handbills, circular, or advertising literature offering to sell or buy goods, wares, merchandise or commercial services or offering to buy, sell or list any real property:
A. 
In any public place within the City of Oroville; or
B. 
Into or upon any motor vehicle within the city; or
C. 
In the yard or grounds or on the doorstep, porch, or vestibule of any residence, dwelling or apartment within the city; or
D. 
In or upon any privately owned and maintained commercial parking lot open to public use within the city; or
E. 
Upon any vacant lot or other private property within the city;
Without first having obtained permission of the owner, adult occupant, or other person in control thereof.
(Ord. 1452 § 1)
A. 
Definitions. The following words and phrases, whenever used in this chapter, shall be construed as here-after set out, unless it shall be apparent from the context that they have a different meaning:
"Bar"
means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages and which is enclosed and separated from areas dedicated primarily to dining and the service of food. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area.
"Business"
means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
"Dining area"
means any enclosed area containing a counter or tables upon which meals are served.
"Employee"
means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profits, and any person who volunteers his or her time or service for a nonprofit entity.
"Employer"
means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons.
"Enclosed area"
means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or other similar structures.
"Non-profit entity"
means any corporation, unincorporated association, or other entity created for charitable, philanthropic, social or other similar purposes, the net proceeds from the operation of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public entity is not a "non-profit entity" within the meaning of this section.
"Place of employment"
means any enclosed area under the operation or control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, individual and group offices, employee lounges, and restrooms, conference and classrooms, employee cafeterias and hallways.
"Public place"
means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a "public place."
"Restaurant"
means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in this subsection.
"Retail tobacco store"
means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
"Service line"
means any indoor line at which one or more persons are awaiting or are receiving service of any kind, whether or not such service involves the exchange of money.
"Smoking"
means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form. For the purposes of this chapter, the use of electronic cigarettes and the inhalation of their nicotine vapor shall also be classified as "smoking."
"Sports arena"
means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, pool halls and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events.
B. 
Regulation of Smoking in City-Owned Facilities. All enclosed facilities owned by the city shall be subject to the provisions of this chapter.
C. 
Prohibition of Smoking in Enclosed Public Places. Smoking shall be prohibited within the City of Oroville, including, but not limited to, the following places, and with the following exceptions:
1. 
All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including, but not limited to, attorneys' offices and other offices, banks, hotels and motels.
2. 
Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except when smoking is part of a stage production and, in said event, the only smoking permitted in such a facility will be that smoking that is part of and incident to the performance.
3. 
Buses, shuttle buses, taxi cabs and other means of public transit sponsored by or subject to the authority of the City of Oroville, and ticket, boarding and waiting areas of public transport depots.
4. 
Common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and adult day care facilities.
5. 
Elevators.
6. 
Every room, chamber, place of meeting or public assembly, including school buildings, under the control of any board, council, commission, committee, including joint committees, or agencies of the City of Oroville or any political subdivision of the State of California during such time as a public meeting is in progress, to the extent the same is subject to the jurisdiction of the City of Oroville.
7. 
Polling places.
8. 
Public areas of galleries, libraries, and museums when open to the public.
9. 
Within all restaurants; provided, however, that by no later than September 1, 1991, each restaurant shall designate a continuous area within the restaurant that contains no more than 50% of the seating capacity as a smoking area, by January 1, 1992, each restaurant shall designate a continuous area within the restaurant that contains no more than 25% of the seating capacity as a smoking area, and by July 1, 1992, 100% of each restaurant shall be designated as a non-smoking area.
Every restaurant required to provide a non-smoking area pursuant to the provisions of this section shall have posted at its entrance a sign clearly stating that a non-smoking area is available, and every patron of a restaurant having a non-smoking area shall be asked whether he or she desires to be seated in a smoking or non-smoking area at any time the restaurant has a hostess or maitre d' on duty.
Notwithstanding the foregoing, all restaurant customers who desire a smoke-free environment will be accommodated under the same conditions as all other customers.
10. 
Restrooms.
11. 
Retail stores.
12. 
Service lines.
13. 
Sports arenas and convention halls.
14. 
Waiting rooms, hallways, wards and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices.
15. 
Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a non-smoking establishment or facility.
D. 
Regulation of Smoking in Places of Employment. It shall be the responsibility of employers to provide a smoke-free workplace for all employees, but employers are not required to incur any expense to make structural or other physical modifications.
Within 90 days of the effective date of the ordinance codified in this chapter, each employer, and each place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
The smoking policy as set forth above shall be communicated to all employees within 3 weeks of its adoption. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employees.
E. 
Where Smoking is Not Regulated. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions in this chapter:
1. 
Bars.
2. 
Private residences, unless such residence is used as a child-care or health-care facility.
3. 
Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia.
4. 
Conference meeting rooms and public or private assembly rooms in restaurants, hotels and motels while these places are being used for private functions.
5. 
Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a non-smoking establishment.
F. 
Posting Requirements. "No Smoking" signs or the international "No Smoking" symbol (consisting of the pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control over the place. Every restaurant regulated by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited in said establishment.
G. 
Administration and Implementation. Administration of this chapter shall be by the Butte County health department. Any citizen who desires to register a complaint hereunder may request the Butte County health department or its designees to consider enforcement by either of the following action:
1. 
Serving notice on the health department requiring the correction of any violation of this chapter.
2. 
Calling upon the district attorney to maintain an action for injunction to enforce the provisions of this chapter, to cause the correction of any such violation, and for assessment and recovery of the penalty for such violation.
3. 
Any owner, manager, operator or employer of the establishment controlled by the chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof.
4. 
The fire department or the health department shall require, while an establishment is undergoing otherwise mandated inspections, a self-certification from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with. For purposes of this chapter, said self-certification shall be sworn under penalty of perjury.
5. 
No Liability for Nonenforcement. In undertaking the enforcement of this chapter, the city is assuming and undertaking only to promote the general welfare. It is not assuming, nor is it imposing upon it officers and employees an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
6. 
When the provisions of this chapter are not remedied by county officials, city officials or any other public employee with authority to remedy any violations of this chapter, civil action against Butte County and/or the City of Oroville is denied and the county and city are absolved of any responsibility to enforce and/or of any liability for failure to enforce any provision hereof.
7. 
Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter.
H. 
Violation—Penalties.
1. 
It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of its provisions.
2. 
It is unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
3. 
Any person/business who violates any provision of this chapter shall be guilty of an infraction punishable by:
a. 
A fine, not exceeding $__________*, for a first violation;
b. 
A fine, not exceeding $____________*, for a second violation of this chapter within any consecutive 12-month period;
c. 
A fine, not exceeding $________*, for each additional violation of this chapter within any consecutive 12-month period.
I. 
Nonretaliation. No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter.
J. 
Other Applicable Laws.
1. 
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by applicable laws.
2. 
If any provision or clause of this chapter or the application thereof to any person or circumstances is held to be unconstitutional or to otherwise be invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision or clause, or application, and to this end the provisions and clauses of this chapter are declared to be severable.
3. 
Other Agency Cooperation. Federal, state, county, school and all district officials are urged to enact and enforce provisions similar to the provisions contained herein.
* See Master Fee Schedule for current amount.
(Ord. 1534 § 2; Ord. 1794 § 3)
A. 
Purpose and Findings. The City Council of the City of Oroville hereby finds and declares as follows:
1. 
Whereas, smoking is the greatest preventable cause of death in our nation; and
2. 
Whereas, California Penal Code Section 308(a) and (b) prohibits the purchase and possession of tobacco products and paraphernalia by minors; and
3. 
Whereas, over 29 million packs of cigarettes are illegally sold to California minors annually; and
4. 
Whereas, nearly 90% of all tobacco users start well before the age of 18; and
5. 
Whereas, shoplifting of cigarettes from tobacco self-displays is one means by which minors access tobacco products; and
6. 
Whereas, the State of California has already enacted a statute prohibiting the sale of tobacco products from vending machines.
Therefore, the city council finds it in the public interest to promote the welfare of Oroville residents under 18 years of age by further restricting youth access to tobacco products with the prohibition of tobacco self-displays in our community.
B. 
Self-Service Tobacco Display Prohibited.
1. 
It is unlawful for any person, business or tobacco retailer within the incorporated City of Oroville to sell, permit to be sold, offer for sale or display for sale any tobacco product by means of self-service display, rack or shelf that allows self-service sales or smaller counter-top displays for any tobacco product that allow other than vendor-assisted sales.
2. 
All tobacco products shall be offered for sale exclusively by means of vendor/employee assistance, with tobacco products in a case requiring employee assistance to retrieve the tobacco products.
C. 
Enforcement. Violation of this section is a misdemeanor and shall be subject to a fine not exceeding the amount outlined in the Master Fee Schedule per day for each violation, with each day that the violation continues considered a separate and distinct violation of this section. The Butte County health department director, the district attorney's office, the city attorney's office and/or the police department may enforce this chapter.
D. 
Severability. If any provision, clause, sentence or other paragraph of this section or the application thereof to any persons or circumstances shall be held invalid, such validity shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared severable. Furthermore, in the event that any provision of this section is determined to be invalid and the city is duly notified of that invalidity, the city attorney, on behalf of the city, shall take whatever action necessary to see that those provisions rendered invalid are no longer enforced and that this section is amended to reflect the deletion of those provisions invalidated.
(Ord. 1681 § 1)
A. 
Definitions. For the purpose of this section, the following definitions shall apply:
"Butane"
means iso-butane, n-butane, and refined butane of any power.
"Canister"
means a single container designed or used for the storage of butane under pressure.
"Code"
means the City of Oroville Municipal Code.
"Count"
means the number of canisters of butane.
"Customer"
means any person who is sold or acquires during a transaction product from any retail store.
"Day"
means calendar day.
"Person"
means a corporation, co-partnership, or association as well as a natural person.
"Reseller"
means any business, company, corporation, person, employee or associate selling products to any customer within the City of Oroville. It does not include any wholesaler engaged in a wholesale transaction.
"Sell"
means to furnish, give away, exchange, transfer, deliver, surrender, distribute or supply, whether for monetary gain or other consideration.
"Transaction"
means a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, exchange of currency, extension of credit, purchase or sale of any monetary instrument, or an electronic, magnetic or manual transfer between accounts or any other acquisition or disposition of property by whatever means effected.
"Wholesaler"
means a person whose business is the selling of goods in gross to retail stores for purposes of resale.
B. 
Unlawful Sale, Purchase and Handling of Butane.
1. 
It is unlawful for any reseller or other person to sell, offer to sell, or otherwise provide to a customer any number of butane canisters that exceed a combined total storage of 600 milliliters of butane during any single transaction.
2. 
It is unlawful for any customer to purchase or acquire any number of butane canisters that exceed a combined total storage capacity of 600 milliliters of butane during any 30-day period.
3. 
It is unlawful for any person to have in their possession, custody, or control any number of butane canisters that exceed a combined total storage capacity of 600 milliliters of butane at any one time. The limitation in this subsection shall not apply to the following:
a. 
Butane canisters possessed by wholesalers or resellers solely for the purposes of resale; or
b. 
Butane canisters possessed by persons solely for the purposes of furthering their ongoing, lawful, and City-licensed commercial operations which require butane quantities greater than 600 milliliters;
c. 
Butane canisters containing a sulfur-containing odorant, such as ethyl mercaptan.
C. 
Tracking of Butane Sales.
1. 
For every sale of butane, the reseller shall prepare a bill of sale that identifies the date of sale, quantity of butane purchased, and the purchaser's identification. "Purchaser's identification," as used herein, shall mean a person's first and last name as verified from a valid driver's license or other official and valid state-issued identification that contains a photograph of the purchaser and a residential or mailing address. The reseller shall retain a copy of the bill of sale in readable form for a period of two years.
2. 
It is unlawful for any reseller to sell butane to any customer without complying with subsection (C)(1) of this section.
D. 
Penalties, Strict Liability, and Nuisance.
1. 
Any violation of this section is a misdemeanor and subject to a $1,000.00 penalty and/or six months in the County Jail; provided, however, the City shall have the discretion to reduce the misdemeanor to an infraction. A separate offense shall exist for every single violation of this section. The criminal prosecution of any violation of this section does not preclude the City of Oroville from the further initiation of any other civil or administrative proceeding which may be available as a remedy for such violation in accordance with Title 1 of this Code.
2. 
This section is a regulatory provision necessary for the protection of the public health, welfare and safety. In any criminal prosecution for a violation of this section, it is not necessary to prove knowledge or criminal intent.
3. 
A violation of any provision of this section constitutes a public nuisance.
E. 
Cumulative Remedy. Nothing herein is intended to limit the City of Oroville from pursuing any other remedy available at law or in equity against any person or entity maintaining, committing, or causing a public nuisance or any other violation of the Code or State or Federal law.
(Ord. 1817 § 3)