It is unlawful for any person to fly, above an altitude of 10
feet above the ground, or near any electrical conductive public utility
wires or facilities, any kite or balloon which has a body or any parts,
tail, string or ribbon made of any metallic or electrical conductive
material.
A.
Consumption
in Public Places. Every person who consumes any beer, wine or other
alcoholic beverages on any public street, sidewalk, alley, parkway,
public building or parking lot open to the public is guilty of a misdemeanor.
This section shall not be deemed to prescribe any act which is positively
permitted or prohibited by any law of the State.
B.
Consumption
on School Grounds. No person shall consume any alcoholic beverage
on the grounds of any public school or any stadium or athletic field
while being used by a public school.
C.
Drinking
in Vehicle.
1.
No
person shall enter or remain in a vehicle while any other occupant
is consuming any alcoholic beverage while such vehicle is on a public
street, alleyway or public highway.
2.
Every
person who enters or remains in any vehicle while such vehicle is
on any part of any public highway when such person or any other occupant
of such vehicle is consuming any alcoholic beverage is guilty of a
misdemeanor.
A.
Closing
Hours—Established. No person shall carry on or assist in carrying
on any amusement or entertainment to which the public is invited,
or in which the public may participate, at any time between the hours
of 2:00 a.m. and 6:00 a.m.
B.
Special
Permission. Any person who shall desire to carry on or conduct amusement
or entertainment for one night only, during the hours prohibited by
the foregoing section, may apply in writing to the sheriff for permission
to do so and the sheriff may grant such permission to such applicant
when in his or her discretion the conduct of such amusement or entertainment
at such time shall not be detrimental to the public health, safety,
morals or welfare. The sheriff shall either grant or deny such application
within three days after such application has been presented to him
or her and if he or she does not grant the same within such period
such application shall be deemed to have been denied.
C.
Application
to City Council. Any person who shall desire to carry on or conduct
any amusement or entertainment during the hours prohibited by the
foregoing sections and for a longer period than one night shall file
a written application therefor with the City Clerk for presentation
to the City Council. Such application shall contain a detailed statement
of the type of amusement or entertainment which the applicant desires
to carry on or conduct and a statement of the reasons which in his
or her opinion warrant the granting of the same. Such application
shall be filed with the City Clerk at least five days prior to the
date upon which the applicant desires the granting of such permission
and five days prior to the meeting of the City Council next succeeding
the filing of such application. Thereupon the City Clerk shall refer
the application to the sheriff for investigation and his or her recommendation
thereon. The City Council may grant such permission to such applicant
when in its discretion the nightly conduct of such amusement or entertainment
will not be detrimental to the public health, safety, morals or welfare.
No person of the class commonly known as "tramps" shall visit
any house within the City for the purpose of soliciting food or clothing
or alms, or shall in any public place in the City solicit alms or
money from any person.
A.
All
places where billiard tables or pool tables are maintained for public
use shall remain closed every day between the hours of 2:00 a.m. and
6:00 a.m.
B.
No person
under the age of 18 years shall be permitted to play at any game or
lounge about or in any public billiard hall, pool hall or other gaming
place within the City, unless accompanied by his or her parent or
guardian or upon the written consent of his or her parent or guardian.
C.
No owner,
proprietor or operator of any such establishment shall permit a violation
of the foregoing section within his or her establishment.
No person who owns or has the care or management of any real
property shall wilfully permit any part of the property to become
so unsightly as to detract from the appearance of the immediate neighborhood,
and shall fail to remedy the condition within 30 days from being ordered
to do so by the City Council upon recommendation of the City Planning
Commission.
No person shall engage in any disorderly or boisterous conduct,
or disturb the peace by assaulting, striking or fighting, or be found
in an intoxicated or drunken condition upon any premises within the
City, or expose his or her person or any part thereof in any place
in the City where there are other persons to be offended or annoyed
thereby, or make in any place, or suffer to be made on his or her
premises or upon premises under his or her control, any disorder or
tumult, to the disturbance of the public peace, or utter in the presence
of two or more persons, any bawdy, lewd or obscene words or epithets
or address another any words, language or expressions having a tendency
to create a breach of the peace, or utter or use within the hearing
of one or more persons, any seditious language.
No person shall keep a riotous or disorderly house, or permit
any riotous or disorderly conduct in his or her house yard or premises
connected with his or her house or be guilty of any riots or disorderly
conduct in any house, yard or premises, whereby the peace, quiet or
decency of the neighborhood of such house or of any person may be
disturbed.
A.
Legislative
Authorization—Definitions.
1.
This
section is adopted pursuant to Sections 318.5 and 316.6 of the Penal
Code. All words used in this section which also are used in Sections
318.5 and 318.6 of the Penal Code are used in the same sense and mean
the same as the same respective words used in Sections 318.5 and 318.6
of the Penal Code.
2.
As used in subsections B through E of this section and in Sections 318.5 and 318.6 of the Penal Code, the phrase "theater concert hall or other similar establishment which is primarily devoted to theatrical performances" shall mean a building, playhouse, room, hall or other place having permanently all fixed seats so arranged that a body of spectators can have an unobstructed view of the stage, upon which theatrical or vaudeville or similar performances are given, and in which the serving of food or beverage or both is clearly incidental to such performances. This definition does not supersede the provisions of paragraph 1 of this subsection.
B.
Display
of Female Breasts. Every female is guilty of a misdemeanor who, while
participating in any live act, demonstration or exhibition in any
public place, place open to the public or place open to public view,
or while serving food or drink or both to any customer:
1.
Exposes
any portion of either breast below a straight line so drawn that both
nipples and all portions of both breasts which have a different pigmentation
than that of the main portion of the breasts are below such straight
line.
2.
Employs
any device or covering, which is intended to simulate such portions
of the breast.
3.
Wears
any type of clothing so that any portion of such part of the breast
may be observed.
C.
Display
of Private Parts. Every person is guilty of a misdemeanor who:
1.
Exposes
his or her private parts or buttocks, or employs any device or covering
which is intended to simulate the private parts or pubic hair of such
person, while participating in any live act, demonstration or exhibition
in any public place, place open to the public or place open to public
view, or while serving food or drink or both to any customer.
2.
Permits,
procures or assists any person to so expose him or herself, or to
employ any such device.
No person shall inform or report to a peace officer that a crime
has been committed, whether a felony or a misdemeanor, unless he or
she, in good faith, believes that such crime has been committed.
A.
Persons
Under 18 Years of Age—Furnishing To.
1.
Except as otherwise provided in subsection C of this section, it is unlawful in the City for any person to sell, give, loan or in any way furnish, or to cause or permit to be sold, given, lent or in any way furnished, to any person under the age of 18 years, any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot or device designed or intended, to discharge, or capable of discharging, any dangerous missile.
2.
Except as otherwise provided in subsection C of this section, it is unlawful in the City for any person to sell, give, loan or in any way furnish, or to cause or permit to be sold, given, lent or in any way furnished, to any person under the age of 18 years, any cartridge, shell, ammunition or device containing any explosive substance, designed or intended to be used in, or fired from any gun, revolver, pistol or firearm.
B.
Discharge—Possession. Except as otherwise provided in subsection C of this section, it is unlawful in the City for any person under the age of 18 years to fire, discharge, shoot or operate, or to assist or participate in the firing, discharging, shooting or operating, or to have in his or her possession, care, custody or control, any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot or device designed or intended to discharge, or capable of discharging, any dangerous missile, or any cartridge, shell, ammunition or device containing any explosive substance, designed or intended to be used in or fired from, any gun, revolver, pistol or firearm.
C.
Exceptions. Nothing in this code shall be deemed or construed to prohibit in the City the selling, giving, lending or furnishing to any person under the age of 18 years, upon the written consent of the parent or guardian of such person, any article mentioned in subsection A of this section; nor to prohibit any such person under the age of 18 years from having in his or her possession, care, custody or control any article mentioned in subsection B of this section in the event that such possession, care, custody or control of such article is had with the consent of the parent or guardian of such person and is under the direct supervision and control of some adult person.
D.
License
to Sell. No person shall engage in the business of selling or otherwise
transferring, or advertising for sale, or offering or exposing for
sale or transfer, any pistol, revolver or other firearm capable of
being concealed upon the person without first having received a license
from the County Sheriff.
E.
Discharge.
It is unlawful, in the City, for any person, other than duly authorized
officers of the law while on duty, to discharge, fire, shoot or operate
any gun, revolver, pistol, firearm, spring gun, air gun, pellet gun,
BB gun, slingshot or other device designed or intended to discharge
any dangerous missile, cartridge, shell, ammunition or pellet, except
in target shooting in a public or private shooting gallery or range,
regularly licensed by the City.
No person shall pick any flower or flowers growing in any public
park or place in the City, except by the express authorization of
the superintendent thereof.
A.
The
term "park" includes every public park, roadside rest area, playground,
or other recreation facility area, together with any parking lot,
reservoir, swimming pool, course, court, field, bridle path, trail
or other recreational facility or structure thereon or therein owned,
managed or controlled by the City.
B.
Except
as specifically authorized by written permit issued by the City Council
or the City Manager, within the limits of any park in the City, no
person shall:
1.
Cause,
permit or allow any animal owned or possessed by him or her or any
animal in his or her care, custody or control, to be present in such
park, except:
a.
Equine animals being led or ridden, under reasonable control, within
the facility provided for such purposes.
b.
Dogs or cats being led by a cord or chain not more than six feet
long and not tethered on an additional line, or when confined within
the interior area of a vehicle; dogs are to be "curbed."
c.
Dogs which have been specially trained and are being used by blind
persons to aid and guide them in their movements.
2.
Cause,
permit or allow any animal owned or possessed by him or her or any
animal in his or her care, custody or control, to enter any fenced
sports fields or facilities such as baseball fields or tennis courts
even if being led by cord or chain, except dogs which have been specially
trained and are being used by blind persons to aid and guide them
in their movements;
3.
Sell
or offer for sale any merchandise, article or thing of any kind or
nature whatever, or practice, carry on, conduct or solicit any trade,
occupation, business or profession;
4.
Play
any musical instrument within 500 feet of any structure used for dwelling
purposes between the hours of 10:00 p.m. and 7:00 a.m., except within
or upon an area or facility set aside for this purpose by the City
Council or City Manager. For purposes of this paragraph, the term
"musical instrument" includes, but is not limited to, drums and other
percussion devices;
5.
Play
or utilize any sound amplifying system within or upon an area or facility
not set aside for such purposes by the City Council or City Manager.
For purposes of this paragraph, "sound amplifying system" shall mean
and include any system of electrical hook-up or connection, loudspeaker
system or equipment, sound amplifying system and any apparatus, equipment,
device, instrument or machine designed for or intended to be used
for the purpose of amplifying the sound or increasing the volume of
the human voice, musical tone, vibration or sound wave. This paragraph
shall not apply to the regular and customary use of portable radios,
televisions, record players or tape recorder played or operated in
such places and at such times so as not to disturb other persons in
their permitted uses of the park;
6.
Use
any area set aside for a specific purpose by the City Council or City
Manager for a purpose contrary to or inconsistent with that specific
purpose;
7.
Throw,
discard or deposit any paper, rubbish, debris, ashes, dirt, bottles,
cans, trash or litter of any kind or nature whatsoever, except in
receptacles specifically provided therefor;
8.
Land,
release, take off or fly any balloon, except children’s toy
balloons not inflated with any flammable material, helicopter, parakite,
aircraft or powered model airplane, except in an area specifically
set aside for such purpose;
9.
Engage
in any voluntary parachute jump;
10.
Use, throw or release any spear, arrows, bows or crossbows, except
as specifically permitted in designated archery areas;
11.
Take any bird, animal, fish or other aquatic life. "Take" is defined
as hunt, seize, pursue, catch, capture or kill, or attempt to hunt,
pursue, catch, capture or kill;
12.
Remove any wood, tree, shrub, plant, ground cover, turf, grass, soil,
rock, sand or gravel from any park;
13.
Cut, break, injure, tamper with, deface or disturb any tree, shrub,
plant, rock, building, cage, pen, monument, fence, bench, table, bleacher,
structure, apparatus, sign, equipment or property in the park, or
mark, paint, post or write upon any building, monument, fence, bench,
table, sign or other structure;
14.
Enter or remain in any park between the hours of 10:00 p.m. and 6:00
a.m., except as otherwise allowed by permit obtained from the Parks
and Recreation Commission;
15.
Drive or ride any cycle, go-cart, mini-bike or vehicle, except on
roads or drives provided for such purposes;
16.
Make or kindle a fire or cook food, except in a stove or masonry
or concrete hearth or barbecue brazier provided by the City for such
purpose;
17.
Enter any municipal swimming pool or dressing room therein at any
time when an employee of the City is not in attendance therein;
18.
Rollerskate, board skate, rollerblade or ride or drive any bicycle,
scooter or similar vehicle on the decks surrounding a swimming pool,
on tennis courts or on any area specifically posted prohibiting rollerskating,
board skating, rollerblading or other vehicles; the exception shall
be those persons physically handicapped using proper vehicles to transport
themselves from place to place;
19.
Erect, maintain, use or occupy any tent, lodge, shelter or structure
unless there shall be an unobstructed view into such tent, lodge,
shelter or structure from the outside on all sides;
20.
Fly a kite, play or participate in any organized game, such as baseball,
hockey, football or the like in any park, square, avenue, grounds
or recreation center, except at such places designated for such use
by the City Council or City Manager;
21.
Play golf in any park, recreation playground or other area not designated
for the purpose of playing golf, hitting or driving a golf ball;
22.
Climb upon any wall, fence, shelter, seat, statue, building, structure,
construction or erection;
23.
Bring, land or cause to descend or alight, any aeroplane, airship,
flying machine, dirigible, balloon, parachute or other instrumentality,
machine or apparatus for aviation;
24.
Fire or carry any firecracker, torpedo or fireworks;
25.
Beg or solicit contributions, gifts or subscriptions.
C.
The
City Council or the City Manager is authorized to select suitable
sites within parks in the City to be used primarily, but not exclusively,
for meeting places for noncommercial societies, groups and organizations
for the purpose of holding or conducting meetings, lectures and assemblies.
Where sites have been designated by the City for such purposes, no
person or group shall use other sites for any such purposes without
permission from the City Council or City Manager. No person or group
shall hold, conduct or address any assemblage, meeting or gathering
of persons, or make or deliver any public speech, lecture or discourse,
or take part in any public debate in such selected sites in any park
in this City, without a written permit granted by the City Council.
Except where a prior permit has been granted for the same place and
the same time, a permit shall be granted where the person applying
therefor states in his or her application the time and place wherein
the activity is to take place, the approximate number of persons expected
to attend, the type of sound amplifying equipment, if any, to be used,
and the name of the society, group or organization using the site.
The applicant shall comply with all other requirements found by the
City Council to be reasonably necessary for the protection of persons
and property. The City Council or City Manager shall be authorized
to allocate portions of the designated site, when more than one party
has an interest in the use of the site at the same time.
D.
No male
person over eight years of age shall enter or use any public restroom
designated for women in a park, nor shall any female person over eight
years enter or use any public restroom designated for men in a park.
E.
Every
person shall comply with rules promulgated by the Parks and Recreation
Commission for the use of baseball diamonds, tennis courts or other
game courts, aquatic areas, equine areas, and recreation buildings,
which rules shall be conspicuously posted on the backstop of the ball
diamond and on a bulletin board adjacent to any of these areas or
buildings.
F.
No person
shall disobey any instruction, sign or notice posted by any authorized
official of the City in any park, square, avenue, grounds or recreation
center, or in any building, structure, construction or erection thereon
for the control, management or direction of such park, square, avenue,
grounds, recreation center, building, structure, construction or erection.
No person shall wilfully refuse to follow or comply with any lawful
order or direction of any park or recreation department employee.
G.
No person
shall use public restrooms for the purpose of bathing him or herself
or any other individual or animal, nor shall the restrooms be used
for dressing rooms or the changing of wearing apparel.
H.
No person
shall have, possess, carry, sell or consume any intoxicating liquor
in any City park. For the purpose of this section "intoxicating liquor"
shall be construed to include any spirituous, vinous, malt or mixed
liquors containing one-half of one percent, by volume, of alcohol.
The City Council may grant an exception to the provisions of this
section, subject to applicable State law and such conditions and permitting
procedures as the City Council may establish from time to time by
policy and as the City Council determines are reasonable and appropriate
based upon the location, time and nature of the proposed event.
(Ord. 22-05, § 1)
A.
It is
unlawful to construct or maintain any gate in any fence in such manner
that such gate may be opened outward over any portion of any public
highway open for either pedestrians or vehicular traffic.
B.
It is
unlawful to cause or permit any gate in any fence to be or remain
opened outward over any portion of any public highway open for either
pedestrian or vehicular traffic.
A.
It is
unlawful for any person to loiter or to stand or sit in or upon any
public highway, alley, sidewalk or crosswalk so as to in any manner
hinder or obstruct the free passage therein or thereof of persons
or vehicles passing along the same.
B.
It is
unlawful for any person to loiter or to stand or sit in or upon any
public highway, alley, sidewalk or crosswalk so as to in any manner
harass, molest or interfere with persons passing along the same.
C.
It is
unlawful for any minor under the age of 18 years to loiter, idle,
wander, stroll or play in or upon the public streets, highways, roads,
alleys, parks, playgrounds, or other public grounds, public places
and public buildings, places of amusement and eating places, vacant
lots or any unsupervised place between the hours of 10:00 p.m. and
daylight immediately following. The provisions of this section do
not apply when:
1.
The
minor is accompanied by his or her parents, guardian or other adult
person having the care and custody of the minor;
2.
The
minor is upon an emergency errand directed by his or her parent or
guardian or other adult person having the care and custody of the
minor;
3.
The
minor is returning directly home from a meeting, entertainment, recreational
activity or dance.
D.
It is
unlawful for any minor under the age of 18 years to loiter, idle,
wander, stroll, play or drive in or upon the public streets, highways,
roads, alleys, parks, playgrounds, or other public grounds, public
places and public buildings, places of amusement and eating places,
vacant lots or any unsupervised place between the hours of 8:30 a.m.
and 1:30 p.m. of the same day on days when school is in session. This
subsection does not apply:
1.
When
the minor is accompanied by his or her parent, guardian, or other
adult person having the care or custody of the minor;
2.
When
the minor is on an emergency errand directed in writing by his or
her parent or guardian or other adult person having care or custody
of the minor;
3.
When
the minor is going or coming directly from or to his or her place
of gainful employment, or to or from a medical appointment;
4.
To
students who have permission to leave school campus for lunch or school-related
activity and have in their possession a valid, school-issued, off-campus
permit.
E.
Upon
a second or subsequent violation of this section a minor must attend
a court hearing on the violation and must be accompanied at the hearing
by his or her parent(s), legal guardian(s), or other adult person(s)
having the legal care or custody of said minor. If any such parental
or custodial person(s) fails to attend the hearing with the minor,
and unless the interests of justice would otherwise be served, the
court shall continue the hearing and shall issue a citation to said
parental or custodial person(s) to appear at the continued hearing
with the minor.
F.
Notwithstanding subsection E of this section the court may set aside any fine imposed for the violation, or any portion thereof, if the fine is based on the minor’s second or subsequent offense under this section and provided the minor produces proof satisfactory to the court that the following has occurred during the period between the initial hearing on the violation and any subsequent hearing set by the court:
1.
The
minor has had no unexcused absences from school; and
2.
The
minor has performed 10 hours of court-approved community service during
times other than said minor’s hours of school attendance; or
3.
The
minor’s parent, legal guardian(s), or other adult person(s)
having the legal care or custody of said minor has or have attended
a parenting class or a series of parenting classes approved by the
court.
G.
Upon
the first violation of this section, the sheriff shall issue to the
minor a warning citation regarding the consequences of a second violation
of this section. The sheriff shall mail to the parents of the minor
or legal guardian a notification that states that upon a second violation,
the parents or legal guardian may be held liable for the actual administrative
and transportation costs. The notification shall be sent by certified
mail.
A fee for the actual costs of administrative and transportation
services for the return of the minor to his or her school, or any
other appropriate location, may be charged jointly or severally to
the minor, his or her parents, or legal guardian, in an amount not
to exceed those actual costs. Upon petition of the person required
to pay the fee, the City Manager shall conduct a hearing as to the
validity of the fees charged, and may waive payment of the fee, upon
a finding of good cause. The City Manager may waive the fee upon a
determination that:
1.
The
parents or legal guardian have made reasonable efforts to exercise
supervision and control over the minor;
2.
Neither
the minor nor the parents or legal guardian has the ability to pay
the fee;
3.
Community
service has been performed in lieu of imposition of the fee;
4.
The
parents or legal guardian have limited physical or legal custody and
control of the minor.
A.
It is unlawful for any person who is a member of a "criminal street gang" as that term is defined in California Penal Code Section 186.22(f) or who is in the company of or acting in concert with a member of a "criminal street gang" to loiter or idle in a "public place" as defined in subsection B of this section under any of the following circumstances:
1.
With
the intent to publicize a criminal street gang’s dominance over
certain territory in order to intimidate non-members of the gang from
entering, remaining in, or using the public place or adjacent area;
2.
With
the intent to conceal ongoing commerce in illegal drugs or other unlawful
activity.
B.
For
purposes of this chapter, a "public place" means the public way and
any other location open to the public, whether publicly or privately
owned, including, but not limited to any street, sidewalk, avenue,
highway, road, curb area, alley, park, playground or other public
ground or public building, any common area of a school, hospital,
apartment house, office building, transport facility, shop, privately
owned place of business, to which the public is invited, including
any place of amusement, entertainment, or eating place. Any "public
place" also includes the front yard area, driveway and walkway of
any private residence, business, or apartment house.
C.
Powers
of Law Enforcement Officers Not Limited. Nothing in this section shall
be construed in any way to limit the power or right of a law enforcement
officer to make any investigation, detention or arrest as such law
enforcement officer would be permitted to make in absence of this
section.
D.
Parental
Control. Any parent(s), legal guardian(s), or other adult person(s)
authorized by the parent(s) or guardian(s) to have the care and custody
of a minor, who knowingly permits or by insufficient control allows
a minor to violate the provisions of this section is guilty of a misdemeanor.
E.
Penalty.
Violation of this section shall be punishable by a fine not to exceed
$500.00 or by imprisonment not to exceed six months, or both.
It is unlawful for any person to loiter or to stand or sit in
or at the entrance of any church, hall, theater or place of public
assemblage so as in any manner to obstruct such entrance.
No person shall act as a lookout for a gambling game, house
of prostitution or other illegal act.
It is unlawful for any person to throw upon, along or across
any public highway, road, street, alley or sidewalk any missile capable
of causing personal injury or damage to personal property, at or towards
any person or any vehicle.
No person shall wilfully or maliciously break or destroy any
window, window-sash, door, blind or pane of glass of any occupied
or unoccupied house or outhouse in the City or enter any unoccupied
house or outhouse and commit any nuisance therein or break, destroy
or injure anything therein or any part of such house or outhouse,
or any fence, or improvement whatever, or aid, abet or assist anyone
to commit such nuisance or injure said property.
A.
The
City Council hereby finds and declares that there has been a substantial
increase in vandalism and the damage or destruction of property. This
has materially increased the cost of maintaining property.
B.
It is
unlawful to damage, destroy, or vandalize any property.
C.
A reward
of not to exceed $500.00 is hereby offered and shall be paid to any
person who furnishes to the Sheriff’s Department information
leading to the apprehension and conviction or confession of any person
who wilfully destroys or damages property.
D.
Claims
for reward under this section shall be filed with the City Clerk as
are other claims against the City. Each claim shall:
1.
Specifically
identify the date, location and kind of property damaged or destroyed.
2.
Identify
by name the person who was convicted, or confessed to the damage or
destruction of property.
3.
Identify
the court and the date upon which the conviction occurred or the place
and the date of the confession.
E.
No claim
shall be allowed by the City Council unless the City Manager investigates
and verifies the accuracy of the claim and recommends that it be allowed.
F.
The
City Manager is authorized and directed to cause signs containing
the offer of reward to be posted at appropriate locations on property.
The following provisions are enacted to prevent and control
graffiti, and are intended to be different from, and in addition to
any other provision of state law.
A.
It is
unlawful for any person under 18 years of age to have in their possession
any dye containers or marker pens with tips exceeding four millimeters
in width containing anything other than a solution which can be removed
with water after it dries, or instruments designed to inscribe on
glass or metal, on any public highway, street, alley or way, or other
public place, regardless of whether that person is or is not in any
automobile, vehicle or other conveyance unless that person is accompanied
by a parent or guardian.
B.
It is
unlawful for any person under 18 years of age to purchase any dye
containers or marker pens with tips exceeding four millimeters in
width containing anything other than a solution which can be removed
with water after it dries, or instruments designed to inscribe on
glass or metal.
C.
It is
unlawful for any person to sell to any other person under the age
of 18 years of age any dye containers or marker pens with tips exceeding
four millimeters in width containing anything other than a solution
which can be removed with water after it dries, or instruments designed
to inscribe on glass or metal.
D.
Every
person who owns, conducts, operates or manages a retail commercial
establishment selling aerosol spray paint containers, dye containers,
marker pens with tips exceeding four millimeters in width containing
anything other than a solution which can be removed with water after
it dries, or instruments designed to inscribe on glass or metal, shall
store or cause such aerosol spray paint containers, dye containers,
marker pens or inscribers to be stored in an area visible by, but
not accessible to the public without employee assistance, pending
legal sale or disposition of such paint containers, dye containers,
marker pens or inscribers.
A.
Any
parent or legal guardian having custody or control of a minor who
permits the minor to possess any dye containers, or marker pens with
tips exceeding four millimeters in width, or instruments designed
to inscribe on glass or metal shall be jointly and severally liable
with such minor for any and all costs incurred in connection with
the removal of any graffiti caused by said minor and for all enforcement
and court costs including sheriff’s fees, the City’s administrative
enforcement and supervision costs, City Attorney’s fees, and
district attorney’s fees, incurred in connection with the civil
prosecution of any claim for damages.
B.
Any person convicted of violating any of the provisions of Section 3.48.240 of this chapter who is granted probation, and any minor who is found to be a person described in California Welfare and Institutions Code Section 602 as a result of committing an offense set forth in Section 3.48.240 shall, in addition to any other penalties prescribed by law, make restitution to the victim and, at the option of the City, perform community service within the City for not less than eight hours and not more than 100 hours.
C.
In any prosecution for a violation of Section 3.48.240, the Sheriff’s Department , the City’s enforcement representative and the District Attorney shall request the court to impose as a part of the penalty for the violation, the restitution and community service requirements of subsection B of this section and cost recovery provisions of subsection A of this section.
It is unlawful for any person to transport, convey or bring
into the City any construction equipment, trash dumpsters, traffic
control devices, or delivery trucks, which are in any way marked with
graffiti.
No person shall equip a vehicle with a radio capable of receiving
police, sheriff, state highway patrol, forester and fire wardens’
calls.
No person shall falsely impersonate or cause or permit to be
falsely impersonated the sheriff, district attorney or City prosecutor,
or member of the State Highway Patrol, or a deputy of, representative
of, or connected with either. No persons shall wear the uniform of
the sheriff, State Highway Patrol or deputies thereof, or any part
of such uniform or any uniform, part of which is similar to the uniform
of the sheriff or state highway patrol or deputies thereof, unless
such a person is a member of such organization.
A.
It is
unlawful for any person not serving as a member of any branch of the
United States Military or State Militia to wear while on public property
a military uniform of any branch, or any distinctive part of a military
uniform or any part which is similar to a distinctive part of a duly
prescribed uniform thereof; provided, that the foregoing provision
shall not be construed to apply to any person authorized to wear such
uniform by the laws of the United States.
B.
Violation
of any part of the provisions of this section constitute a misdemeanor.
Section 6404.5 of the California Labor Code, as effective January
1, 1995, is hereby adopted by reference as the no smoking ordinance
for the City. At least one copy of said Labor Code Section 6404.5
shall be kept on file in the office of the City Clerk, and it shall
be maintained by the City Clerk for the use and examination by the
public.
A.
Purpose.
The City Council has determined that there is ample evidence that
smoking in any form is a serious hazard to the health of members of
the general public and City employees and an irritation, inconvenience
and discomfort to persons. In order to serve the public health, safety
and welfare, the declared purpose of this section is to promote a
policy of nonsmoking in and around City-owned public parks.
B.
"Public park"
"Smoke" or "smoking"
Definitions.
For the purposes of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
means any park, roadside rest, or other site designated by
the City of Walnut for any recreational purpose which is owned, managed
or controlled by the City, and includes the entire site of the public
park, all structures thereon, and any public sidewalk adjacent to
that site.
means the burning of any form of tobacco, in a pipe, cigar
or cigarette or any other device used for the burning of tobacco or
other similar combustible material, so that the person in possession
thereof can inhale and exhale the smoke therefrom.
C.
Smoking
Prohibited. No City employee or member of the public shall smoke any
tobacco product on or in any public park.
D.
Signs.
Signs designating no smoking areas in public parks shall be clearly,
sufficiently and conspicuously posted in such parks. The manner of
such posting, including the wording, size, color, design, and place
of posting, shall be determined by the City Manager or designee.
E.
Polling
Places. It is unlawful to smoke in a polling place during an election.
No person, with intent gratuitously to avail him or herself
of the entertainment or recreation furnished or the privileges conferred
therein, shall enter any theater, stadium, athletic club, ball park,
golf course, golf club, tennis club, beach club, bathing beach or
other place of amusement, entertainment or recreation, for admission
to which an admission fee or membership fee is charged, without first
paying such admission fee or membership fee. Any person who is a bona
fide guest of a member of any club may enter such club in accordance
with the rules thereof. Any person may enter any place which is within
the purview of this section with the consent of the owner or manager
thereof. This section shall not be deemed to apply to the entry into
any such place by a law enforcement officer acting within the scope
and course of his or her official duties.
A.
No person
shall trespass in, upon, on or across the property of another, without
the permission and consent of the person in charge or control thereof;
provided, that such person shall have posted at each of the corners
of the property, a notice in writing, upon either a metallic or wooden
sign, or other substantial material, which sign shall be at least
one square foot in area, and shall be placed three feet above the
normal level of the ground, and upon which posted notice there appears
in legible letters, at least two inches in height, the words, "PRIVATE
PROPERTY—NO TRESPASSING," and such other words as may be desired
indicating that trespassers are subject to prosecution. The sign shall
have either a white or black base, and in the event the white base
is used, the letters shall be in black, and if a black base is used,
the letters shall be in white; provided further, that in the event
the property exceeds a total area of one acre, in addition to the
posting of such notices at the corners thereof, there shall be posted
at intervals of 300 feet, or less, on or near the boundary lines of
the property, notices of similar character.
B.
These
provisions shall have no application to a trespass committed by any
officially authorized peace officer or law enforcement agent when
such trespass is committed in the execution of such officer or agent’s
official duty, nor to any person visiting or calling at the residence
or place of business of another person for the purpose of transacting
any legitimate business.
It is unlawful to sell goods on any public street, highway, road, alley or sidewalk within the City, except as provided by Section 4.12.070 of this code.
It is unlawful to sell newspapers or magazines on any portion
of a public highway.
A.
It is
unlawful for any person except a duly elected or appointed peace officer
to carry concealed upon or about his or her person any revolver, pistol,
dagger, dirk, slug or slingshot, billy or other deadly weapon or instrument
without first having obtained a written permit from the sheriff of
the County.
B.
All
concealed weapons found on persons violating the provisions of this
section shall upon conviction of such persons be confiscated upon
order of the court in which the conviction has been had.
A.
Every
person who digs, drills, excavates, constructs, owns or controls any
abandoned water well or abandoned oil well, and every person owning
or having possession of any premises on which any such abandoned well
exists, shall cap or otherwise close the mouth of or entrance to such
well in such a manner as to prevent persons from falling therein and
in such a manner that such capping or covering cannot be removed by
accident or inadvertence or such persons shall fill such a well.
B.
Whenever
any person fails or refuses to perform any act required by this section
the City may itself cap, cover or fill such well. It is not necessary
to follow the provisions of this section as a condition precedent
to any criminal prosecution.
A.
Fence
or Wall Required. Every person who shall own or be in possession of
any premises on which there is situated a swimming pool, fish pond,
or other outside body of water created by artificial means, designed
or used for swimming or other immersion purposes by men, women, or
children, any portion of which is two feet deep or more and the surface
area of the water in which does not exceed 10,000 square feet shall
erect and maintain on such lot or premises, a fence, wall or other
structure which fence, wall or other structure complies with the provisions
of this section.
B.
Design
of Fence or Wall. The fence, wall or other structure required by this
section shall be not less than five feet high, measured from the existing
surface to the top of the fence or wall on the side of the fence or
wall opposite the side towards the pool, with no openings except doors
or gates, with an area greater than 50 square inches, except that
a rectangular opening having no horizontal dimension exceeding four
inches, may have a greater area.
C.
Gates
and Doors. All gates or doors opening through the fence or structure
protecting a swimming pool as required by this section shall be equipped
with self-closing and self-latching devices not less than four feet
above grade capable of keeping such gate or door closed at all times
when not in actual use. All doors or gates shall be of such size as
to completely fill any opening; in the fence or wall. The owner or
person in possession of the premises on which such swimming pool exists
shall keep such doors and gates closed and securely latched at all
times when such swimming pool is not in use.
D.
Exceptions.
This section does not apply to portable swimming pools which are so
designed that the water in them can at no time exceed two feet in
depth, but do apply to all other portable swimming pools.
Any person who discards or abandons or leaves in any place accessible
to children any chest or box having a capacity of one and one-half
cubic feet or more, which is no longer in use, which chest or box
has an attached lid or door which may be opened or fastened shut by
means of an attached latch, which has not had such door removed or
the hinges and such portion of the lock mechanism removed to prevent
latching or locking the door, is guilty of a misdemeanor.
A.
Any
manufacturer, wholesaler, retailer, or other person who sells, transfers,
or otherwise furnishes any of the following substances to any person
shall submit a report to the sheriff of all of those transactions:
B.
Any manufacturer, wholesaler, retailer, or other person shall, prior to selling, transferring, or otherwise furnishing any substance specified in subsection A of this section, obtain proper identification from the purchaser.
C.
For the purposes of this section, "proper identification" means a motor vehicle operator’s license or other official state-issued identification of the purchaser which contains a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number, and motor vehicle license number of any motor vehicle owned or operated by the purchaser, a letter of authorization from the business for which any substance listed in subsection A of this section is being furnished, which includes the business license number and address of the business, a full description of how the substance is to be used, and the signature of the purchaser. The person selling, transferring, or otherwise furnishing any substance listed in subsection A of this section shall affix his or her signature as a witness to the signature and identification of the purchaser.
E.
Reports to Sheriff—Time Requirements. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in subsection A of this section to any person shall, not less than 21 days prior to delivery of the substance, submit a report of the transaction, to the sheriff, including the identification information specified in subsection C of this section. However, the sheriff may authorize the submission of the reports on a monthly basis with respect to repeated, regular transactions between the furnisher and the recipient involving the same substance if the sheriff determines that either of the following exist:
1.
A
pattern of regular supply of the substance exists between the manufacturer,
wholesaler, retailer, or other person who sells, transfers, or otherwise
furnishes such substance and the recipient of the substance.
2.
The
recipient has established a record of utilization of the substance
for lawful purposes.
F.
Penalties.
1.
Any person specified in subsection E of this section who does not submit a report as required or who knowingly submits a report with false or fictitious information shall be punished by imprisonment in the County Jail not exceeding six months or by a fine not exceeding $500.00, or by both the fine and imprisonment.
2.
Any person specified in subsection E of this section who has previously been convicted of a violation of paragraph 1 of this subsection shall, upon a subsequent conviction thereof, be punished by imprisonment in the County Jail not exceeding one year, or by a fine not exceeding $1,000.00, or by both the fine and imprisonment.
G.
Exemptions.
This section shall not apply to any of the following:
1.
Any
pharmacist or other authorized person who sells or furnishes a substance
upon the prescription of a physician, dentist, podiatrist or veterinarian.
2.
Any
physician, dentist, podiatrist, or veterinarian who administers or
furnishes a substance to his or her patients.
3.
Any
manufacturer or wholesaler licensed by the California State Board
of Pharmacy who sells, transfers or otherwise furnishes a substance
to a licensed pharmacy, physician, dentist, podiatrist or veterinarian.
4.
Sales
consistent with federal law of any proprietary product containing
substances listed in paragraphs (A)(1) through (4) of this section.
No person shall urinate or defecate on private property in an
area exposed to public view or on any public property, including,
but not limited to, streets, sidewalks, alleys, parks or other public
places except in a restroom.
