(a) 
Persons, other than government agents or officials while acting in their official capacity, who by their presence and demeanor while upon any private property are disruptive to any business, enterprise or activity being conducted upon such property, may be excluded from such property by the property owner or his or her agent.
(b) 
No such person shall intentionally remain on any private property, whether open to the public or not, after being ordered to leave such property, by the property owner or his or her agent.
(c) 
No such person shall, within 24 hours, intentionally reenter onto any private property, whether open to the public or not, after being ordered to keep off such property by the property owner or his or her agent.
(d) 
Nothing in this section authorizes any property owner or his or her agent to exclude any person from such property solely because of age, sex, race, religion, sexual or political preference. Nor shall anything in this section be interpreted as authorizing any property owner or his or her agent to rely upon the provisions of this section to abridge the constitutional rights of any person, or prevent their exercise thereof.
(Added by Ord. 752, adopted 4-24-84)
(a) 
No person shall consume within any public place or business in the City, or on the grounds of any public or private park, recreation area, open space or school, or in the public parking, loading, access and areas accessible to the public, or private or commercial property which is open and accessible to the public, any non-alcoholic intoxicating substance possessed for the purposes of intoxication or any illegal or controlled substance, including marijuana, as defined in Health and Safety Code Section 11007.
(b) 
No person shall have in his or her possession within any public place or business in the City, or on the grounds of any public or private park, recreation area, open space, or in the public parking, loading, access and areas accessible to the public, or private or commercial property which is open and accessible to the public, any instrument used to administer or ingest any intoxicating or controlled substance, including marijuana pipes or similar smoking devices, and including drug paraphernalia as defined in Health and Safety Code Section 11014.5.
(Added by Ord. 1285, adopted 6-28-11)
For the purposes of this chapter "alcoholic beverages" shall mean and include alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1% or more of alcohol by volume, and which is fit for beverage purposes, either alone or when diluted, mixed, or combined with other substances.
No person while in or on any public school ground, public school building, public building, or grounds belonging to the State, County, or other governmental entity or agency, shall have in his or her possession or consume any alcoholic beverage.
No person while in or on any unenclosed area designed or used, or intended to be used, for the parking of motor vehicles and which parking area is used in conjunction with or as any adjunct to any business, trade, or occupation for which a business license has been issued or is required to be issued pursuant to the provisions of Chapter 2 of Article VI of this Code, shall consume any alcoholic beverage nor have upon his or her person, nor in his or her personal possession, any container containing an alcoholic beverage, which container has been opened.
(Amended by Ord. 211, adopted 11-13-62)
The provisions of Section 4103 of this chapter shall not be deemed to prohibit the possession or consumption of alcoholic beverages at the Rio Hondo Golf Course when alcoholic beverages are dispensed thereon or therein at a place designed and used for such purpose and under the authority of the City by a licensee thereof or a person authorized to cater a social function thereon or therein.
(Added by Ord. 448, adopted 1-22-74)
No person shall enter or remain 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.
(Added by Ord. 3, adopted 12-20-56)
(a) 
Definitions. The following definitions are applicable to this section:
"Abandon"
means to leave an item in a location where the person no longer has control over the item, or to give up or discontinue any interest in an item. Personal property that is left unattended on public property for a period in excess of 30 consecutive minutes or 60 minutes cumulatively within a 24 hour period, as well as any personal property located on public property during days and/or times when the public property is not open to the public, shall be deemed abandoned.
"Camp" or "camping"
means to use a camp facility or camp paraphernalia, or both, for the purpose of, or in a way that facilities, outdoor sheltering for living accommodation purposes or for remaining outdoors overnight. "Camp" or "camping" also includes occupying an encampment.
"Camp facility"
means a tent, cot, bed, hammock, vehicle, or other temporary physical shelter or enclosure.
"Camp paraphernalia"
means implements and equipment used for camping, including, but not limited to, camp facilities, tarpaulins, makeshift shade structures, mattresses, sleeping bags, bedrolls, blankets, sheets, pillows, cookware, and cooking equipment.
"Encampment"
means one or more temporary, makeshift, or hand-built structures or enclosures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp facility, camp paraphernalia, and/or personal property associated with or located in or around the structures or tents.
"Park"
shall have the same meaning as set forth in Downey Municipal Code Section 10100.2, as that section may be amended from time to time.
"Public facility"
means any building or structure on public property, whether secured, unsecured, locked, unlocked, open, or enclosed, as well as any area of public property enclosed by a locked fence.
"Public property"
means any real property, building, or vehicle within the jurisdiction of the City of Downey, which is owned, managed, or controlled by the City of Downey. "Public property" includes, but is not limited to, public streets, highways, alleys, sidewalks, walkways, parking lots, parking structures, transit vehicles, transit stations and stops, and parks. "Public property" also includes those portions of property owned, managed, or controlled by the County of Los Angeles, Los Angeles County Flood Control District, and/or State of California (including the California Department of Transportation) for which the City has been authorized to enter and remove camp facilities, camp paraphernalia, and/or encampments.
"Store"
means to put aside or accumulate personal property for safekeeping or use when needed, or to place or leave in a location. "Store" shall also include personal property that is left unattended for a period in excess of 30 consecutive minutes or 60 minutes cumulatively within a 24 hour period, as well as any personal property located on public property during days and/or times when the public property is not open to the public.
(b) 
Camping on Public Property Prohibited. It is unlawful and a public nuisance for any person to camp or to maintain or occupy an encampment on any public property, except as authorized by Downey Municipal Code Section 10114 or other applicable law, ordinance, rule, or regulation.
(c) 
Storage or Abandonment of Personal Property on Public Property Prohibited. It is unlawful and a public nuisance for any person to store or abandon any personal property on any public right-of-way or on any public property, except as authorized by any applicable law, ordinance, or permit.
(1) 
Exceptions. This subsection shall not apply to any of the following:
(i) 
Any City employee or other authorized person who stores personal property in a vehicle, building, or facility owned, operated, or controlled by the City while said employee is on duty or otherwise authorized to do so.
(ii) 
The abandonment of any personal property within a waste or recyclable container located on public property designated for such use.
(d) 
Violations; Enforcement.
(1) 
Any person who violates any provision of this section is guilty of a misdemeanor offense punishable in accordance with Section 1200 of this Code.
(2) 
Each violation of this section is hereby declared to be a public nuisance, and may be abated by administrative or civil action (including, but not limited to, civil injunction or other abatement action).
(3) 
The remedies provided in this section are cumulative and in addition to any other remedies available at law or in equity.
(4) 
City Officials as designated by the City Manager may cause the removal of any personal property (including, but not limited to, camp facility and/or camp paraphernalia) found on public property in violation of this section, in accordance with duly promulgated rules, regulations, policies, and procedures.
In a manner consistent with this section, the City Manager, or designee thereof, is authorized to promulgate rules, regulations, policies, and/or procedures for the removal of personal property from public property, the recovery of removed personal property by the owner thereof, the storage of the removed personal property pending recovery by the owner, and the disposition of removed personal property if not recovered by the owner in a timely fashion.
(5) 
Personal property (including, but not limited to, camp facility and/or camp paraphernalia) located in an encampment on public property is subject to removal in accordance with rules, regulations, policies, and procedures.
(Added by Ord. 3, adopted 12-20-56; amended by Ord. 971, adopted 1-11-94; Ord. 24-1513, adopted 10/8/2024)
Prior History: Added by Ord. 3, adopted 12-20-56; repealed by Ord. 24-1513, adopted 10/8/2024
(a) 
It is unlawful for any person to loiter in, on or near any public or private property or thoroughfare in a manner and under circumstances manifesting the purpose or the intent to engage in drugrelated activity defined as criminal offenses in Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code.
(b) 
Among circumstances that may be considered in determining whether a person loiters and manifests the intent to engage in drug-related activity are:
(1) 
The person enters and remains on any public or private property or thoroughfare under such circumstances that a reasonable person will conclude that the person who has entered and remained on said premises: (i) does not have a purpose legitimately connected with the business or activity of the legal occupant on or near the premises; (ii) does not have a bona fide intent to exercise a constitutional right; and (iii) does manifest the purpose of engaging in drug-related activities defined as offenses in Chapter 6 and 6.5 of Division 10 of the Health & Safety Code.
(2) 
The person is a known unlawful drug user, possessor, or seller. A "known unlawful drug user, possessor or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within the State of any violation involving the use, possession or sale of any of the substances referred to in Chapter 6 and 6.5 of Division 10 of the Health & Safety Code or has been convicted of any violation of substantially similar laws of any political subdivision of the State or of any other State;
(3) 
The person is currently subject to a court order prohibiting his or her presence in the particular area in which the person is loitering;
(4) 
The person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in, or is then engaged in, an unlawful drug related activity, including without limitation, the display of physical characteristics of drug intoxication, possession or usage, such as "needle tracks," the display of drug paraphernalia or the transfer of small objects or packages capable of containing drugs for currency or other drug related objects or packages in a furtive fashion;
(5) 
The person is physically identified by the arresting officer as an active member of a "gang" or association which has as its purpose, and was previously engaged in, drug related activity;
(6) 
The person loiters in or near to premises that have been reported to law enforcement as place suspected of drug related activity or in or within six feet of any vehicle registered to a known unlawful drug user, possessor or seller or near a person for whom there is an outstanding warrant for a crime involving drug related activity.
(c) 
Violations of this Section 4107.5 shall constitute a misdemeanor.
(Added by Ord. 958, adopted 3-9-93)
(a) 
Prohibited Acts.
(1) 
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 (a)(2) under any of the following circumstances:
(i) 
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;
(ii) 
With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.
(2) 
For purposes of this section, a "public place" means the public way and any other location open to the public, whether publicly or privately owned, including, but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, privately owned place of business, to which the public is invited, including any place of amusement, entertainment, or eating place. Any "public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment house.
(b) 
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.
(c) 
Parental Control. Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits or by insufficient control allows a minor to violate the provisions of this section is guilty of a misdemeanor.
(d) 
Penalty. Violation of this section shall constitute a misdemeanor.
(Added by Ord. 1152, adopted 09-09-03)
(a) 
Definitions. The following definitions are applicable to this section:
"Curfew hours"
means the period from 10:00 p.m. any night until 6:00 a.m. the following morning.
"Emergency"
means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent injury or loss of life.
"Establishment"
means any privately owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment.
"Guardian"
means (a) a person who, under court order, is the guardian of the minor; or (b) 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.
"Parent"
means a person who is a natural parent, adoptive parent or step-parent of a minor.
"Public places"
means any place the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
"Remain"
means to (a) linger, stay or be present, or (b) fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises.
"Responsible adult"
means a person at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
(b) 
Offenses. It is unlawful for:
(1) 
Any minor to remain in any public place or on the premises of any establishment within the City during curfew hours, or
(2) 
Any parent, guardian, or other person having legal care, custody, or control of a minor, to knowingly permit or by insufficient control, allow the minor to remain in any public place or on the premises of any establishment within the City during curfew hours, or
(3) 
Any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours.
(c) 
Defenses.
(1) 
It is a defense to prosecution of the above offenses that the minor was:
(i) 
Accompanied by the minor's parent or guardian or responsible adult;
(ii) 
On an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay;
(iii) 
In a motor vehicle involved in intrastate or interstate travel;
(iv) 
Engaged in employment, or going to or returning home from employment, without detour or delay;
(v) 
Involved in an emergency;
(vi) 
On the sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law;
(vii) 
Attending an official school, religious or other adult-supervised recreational activity sponsored by the City, a civic organization or other similar entity responsible for the temporary supervision of the minor, or going to or returning home from such an activity, without detour or delay;
(viii) 
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or
(ix) 
Emancipated pursuant to law.
(2) 
It is a defense to prosecution under subsection (b)(3) above, 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 against a minor under this ordinance, a peace officer shall ask the apparent offender's age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation for any offense under this ordinance or detain a minor under this ordinance unless the officer reasonably believes an offense has occurred and based upon the offender's or minor's response(s) and other circumstances, no defense under this ordinance appears present or applicable.
(e) 
Penalties. Any person who violates a provision of this ordinance is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Any person who violates subsection (b) (2) or (b) (3) of this section shall be guilty of a misdemeanor. Any minor who violates subsection (b) (1) of this section shall be guilty of an infraction punishable by fine as set forth in Section 1200 (d) of this Code; provided, however, the Court may set aside the fine, or any portion thereof, if the fine is based on the minor's first infraction under this section and the minor produces proof satisfactory to the Court that all the following have occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the court;
(1) 
The minor has no additional violations of subsection (b) (1); and
(2) 
The minor has performed 10 hours of Court-approved community services; and
(3) 
The minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor has or have attended a parenting class or series of parenting classes approved by the Court.
(f) 
Hearing Requirement—Parental Obligation to Attend. A minor cited for an infraction under subsection (b)(1) of this section must attend a Court hearing on the infraction, accompanied by the minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor, as described in Section 4109.6 of this Code.
(Added by Ord. 3, adopted 12-20-56; amended by Ord. 881, adopted 1-24-89; amended by Ord. 1048, adopted 1-13-98)
(a) 
Purpose and Intent. The City Council of the City of Downey finds, determines and declares that this chapter has been enacted based upon the following facts and beliefs:
(1) 
Juveniles who are subject to compulsory education laws, who do not attend school during school hours, without a lawful excuse, frequently congregate and loiter in public parks and other public places and in and around businesses, involving themselves in unsafe activities, discouraging patronage of such places by parents with small children and legitimate business customers, and frequently engage in criminal or delinquent behavior.
(2) 
Unsupervised juveniles become a burden on police who must return them to school, wait for parents to pick them up, and investigate any and all criminal activity related to a student's absenteeism.
(3) 
The City of Downey has compelling interest in protecting the public from juveniles committing crimes, increasing the exercise of parental responsibility for the City's juvenile residents, reducing the opportunities for juvenile crime, and improving school attendance, and ultimately reducing crime and poverty later in life for affected juveniles.
(4) 
The unexcused absences of students from school to engage in loitering and criminal behavior precludes educational growth for such juveniles, hindering their chances for success later in life and also resulting in the loss of State and Federal funding for schools to the detriment of all students.
It is, therefore, the intent of the City Council in enacting this section to prohibit any juvenile as defined in this section, who is subject to compulsory education, from being in or upon public grounds during the period of the day when the juvenile is required to be in school, subject to the terms and exceptions of this chapter.
In addition, it is the intent of the City Council to provide appropriate criminal sanctions against any juvenile who violates this section, and against the adult(s) responsible for any such juvenile, by making a violation of this chapter an infraction for a first and second offense, and a misdemeanor for subsequent offenses. Finally, it is also the intent of the City Council to allow juveniles to move about freely while participating in legitimate activities during the day with the permission of his or her parent, guardian, or other adult person having the lawful care and custody of the juvenile.
(b) 
Definitions.
"At the direction"
means specifically permitting or directing either verbally or in writing.
"Daytime curfew hours"
means the period of the day when the school which the minor would normally attend is in session, on days when the school the minor would normally attend is in session.
"Emergency"
means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, medical emergency or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"Establishment"
means any privately owned place of business, whether or not operated for a profit, to which the public is invited, including but not limited to, any retail business, and/or 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 which the court has placed a minor.
"Parent"
means a person who is a natural parent, adoptive parent, or stepparent of another person.
"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, parks and the common areas of schools, hospitals, apartments, houses, office buildings, transport facilities and shops.
"Responsible adult"
means a person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.
"Serious bodily injury"
means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(c) 
Daytime Curfew.
(1) 
It is unlawful for any minor who is subject to compulsory education to be present, alone or in concert with others, in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating establishments, vacant lots or any place open to the public during daytime curfew hours, on days when such minor's school is in session.
(2) 
It is unlawful for any parent, guardian or responsible adult of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City during curfew hours.
(3) 
It is likewise unlawful for any person to cause, permit, aid, abet or conceal any violation of this section.
(d) 
Exceptions—Daytime Curfew. It is not a violation of this chapter if any of the following apply:
(1) 
The minor is accompanied by his or her parent, guardian or responsible adult;
(2) 
The minor is on an errand as directed by his or her parent or guardian or other adult person having the care and custody of the minor;
(3) 
The minor is lawfully employed and is going to or coming from or to his or her lawful place of gainful employment;
(4) 
The minor is going or coming to or from a medical appointment for the minor or a member of the minor's immediate family;
(5) 
The minor has proof of permission to leave the school campus for lunch or any other activity and has in his or her possession a valid, school-issued, off-campus permit;
(6) 
The minor is directly going to or from a school sponsored event or activity such as a sporting event, field trip, or other such school activity;
(7) 
The minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, or any other applicable State or Federal law;
(8) 
The minor is lawfully receiving instruction by a qualified tutor or is receiving home or private school instruction;
(9) 
The minor is lawfully involved in an emergency;
(10) 
The minor is emancipated pursuant to law, and otherwise exempt from school attendance;
(11) 
The minor is exercising First Amendment rights protected by the United States Constitution;
(12) 
The minor is engaged in interstate travel with the permission of a parent or guardian.
(e) 
Enforcement.
(1) 
Before taking any enforcement action under this chapter, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall also take reasonable actions to verify that the juvenile is enrolled in school and is absent without excuse or permission during a time when the juvenile is required to be in attendance at school. 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 no exception is present or applicable.
(2) 
Each violation of the provisions of this section shall constitute a separate offense.
(3) 
A law enforcement officer may issue a citation to any juvenile found to be in violation of this chapter and may detain any juvenile until the juvenile can be placed in the care and custody of a parent, guardian or the juvenile's school. If cited, the juvenile and his or her parent or guardian shall appear in court as directed by the citation.
(f) 
Penalties for Violation.
(1) 
Any violation of this chapter shall be an infraction subject to the fines set forth in Section 1200 of this Code, except as specifically set forth in this chapter. Any juvenile who violates any provision of this chapter shall be dealt with in accordance with State law and the procedures governing the prosecution of minors who are charged with infractions.
(2) 
Any adult convicted of violating this chapter as a third or subsequent offense may be found guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed $1,000, or by imprisonment for a period of not more than six months or by both fine and imprisonment.
(3) 
Notwithstanding any other provisions of this Code, when a person under the age of 18 years is charged with a violation of this chapter, and a peace officer issues a notice to appear in Superior Court, Traffic Division, to that minor pursuant to California Welfare and Institutions Code Section 256, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code.
(4) 
Alternatively, at the prosecutorial discretion of the City Attorney, any violation of this chapter may be prosecuted through the City's adopted citation and administrative hearing process. The civil penalties imposed in such an administrative proceeding shall be equivalent to the amount of the fines set forth in this chapter for an infraction. An additional alternative system of hearing and resolution, including but not limited to a youth court, may be used upon consent of both the City attorney and the parents or guardians of the charged juvenile. In lieu of a fine or civil penalty, a person found to be in violation of this chapter may be required to perform City and/or school-approved work projects or community service or both. If required to perform a project, the minimum required time for performance shall not exceed 10 hours for first offenses, 20 hours for second offenses and 50 hours for third offenses and subsequent offenses. Such projects shall be completed over a period not to exceed 60 days for first and second offenses, and 120 days for third and subsequent offenses. Juveniles shall be credited with work done on such projects only during times other than his or her hours of school attendance.
(g) 
General Provisions for Cost Recovery.
(1) 
This chapter shall be construed and applied to promote its basic purposes and policies, which are to provide for a procedure to charge the parent or guardian for the cost of providing police and related services to apprehend and temporarily detain juveniles in violation of this chapter.
(2) 
The City Council finds and determines that under California Education Code Section 48264, a peace officer may arrest or assume temporary custody during school hours of any minor subject to compulsory full-time or continuation education found away from home and who is absent from school without valid excuse within the City. Such level of police and related services can exceed the capabilities of the normal and usual police and station staff and can necessitate the expenditure of large sums for overtime and other pay to City personnel.
(3) 
Additionally, such services drain the manpower and resources of the police department and can leave certain areas of the City with inadequate levels of police protection so as to create a significant hazard to the safety of citizens and police officers. This chapter is intended to provide a means for transferring the cost of providing such service from the general taxpayers to the parents or guardians of the violating juvenile.
(h) 
Police Service Fee.
(1) 
In addition to any fine or civil penalty imposed by the court or through the administrative hearing process, the parents or guardian of the violating juvenile shall be liable for the police services fee to defray the reasonable cost of providing the police services.
(2) 
The police services fee shall not exceed $65 for any single incident. The fee shall be computed on the basis of actual cost to the City of the police activity, transportation, detention, feeding and processing of the juvenile.
(3) 
The amount of such fee shall be a debt to the City of the parents or guardian responsible for the juvenile. Any person owing money shall be liable in an action brought by the City in its own name to recover such amount, including reasonable attorneys' fees. This fee is civil in nature and shall not be construed to be a criminal penalty or fine.
(i) 
Billing.
The Chief of Police or his/her designee shall notify the Finance Department in writing of the name and address of the parent or guardian responsible for the juvenile, the date and time of the incident, the services performed and such other information as may be required. The finance Department shall thereafter cause appropriate billings to be made. It shall be within the discretion of the Finance Department to assign such fees to an agency or agencies for the purpose of collection if such action shall appear to be less costly than use of City personnel for such purpose.
(j) 
Late Charge.
A fee imposed pursuant to subsection (h) of this section and not paid within 30 days of the date upon which such fee was assessed shall be subject to a late charge of 1% per month compoundable until the fee is paid.
(k) 
Appeal.
(1) 
Any person receiving a bill for police services provided pursuant to this chapter may, within 15 days after the bill was sent, file a written appeal. Any appeal regarding the billing shall be heard by the City Manager or his/her designee.
(2) 
After a request for appeal is filed, the City shall withhold collection of the bill until conclusion of the appeal.
(3) 
If, after a hearing before the City Manager or his/her designee, the appeal is denied in part or in full, all amounts due to the City shall be paid within 30 days or be subject to the late charges set forth above in this section.
(Added by Ord. 1017, adopted 4-9-96; amended by Ord. 06-1193, adopted 8-22-06)
A minor cited for an infraction under Section 4109.6 of this Code must attend a Court hearing on the infraction 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 the minor. If any such parental or custodial person 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 directing that person to appear at the continued hearing with the minor.
(Added by Ord. 1017, adopted 4-9-96)
(a) 
Determination by Court. When, based on a finding of civil liability or criminal conviction for the violation of curfew, for being absent from school and found in a public place in violation of Section 4109.5 of the Downey Municipal Code or for willful misconduct in violation of Welfare and Institutions Code Section 602, a minor under eighteen years of age is detained for a period of time in excess of one hour, which required the supervision of the juvenile offender by personnel of the Downey Police Department, the parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor shall be jointly and severally liable for the cost of providing such personnel over and above the detention, processing and supervision services normally provided by said department.
(b) 
Determination by Chief of Police. As determined by the Chief of Police or designee, the parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of a minor who has committed any public offense as described in subsection (a), may be assessed, and billed for, the cost of providing the personnel for the services relating to the detention, processing and supervision of the minor.
(c) 
Appeal. Any person wishing to appeal a bill for police services pursuant to this Section 4109.7 must, within 15 days after the billing date, file a written request appealing the imposition of said charges.
Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the City Manager, or designee, as the hearing officer. Within 10 days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid within 30 days after notice of the decision of the hearing officer.
(Added by Ord. 1017, adopted 4-9-96)
No person, other than a peace officer acting in his or her official line of duty, shall shoot, fire, or discharge any rifle, shotgun, pistol, revolver, or firearm, except when it may be necessary to do so to protect life or property, or to destroy or kill any predatory or dangerous animal, or when firing upon an established firing range approved by the Police Department.
(Added by Ord. 3, adopted 12-20-56)
(a) 
It shall be the responsibility of the owner, operator or person in control of any place of business, retail establishment or other place generally open to the public in which there is located any electric game machine, video game or similar type machine to prohibit, and such person shall prohibit, persons between the ages of six and 17 years from using or playing any such machine before 3:00 p.m., Monday through Friday, and after 10:00 p.m. daily. The 3:00 p.m. restriction shall not apply during school holidays and school vacation periods recognized by schools within the City.
All such machines shall be located in such places of business, retail establishments or other place generally open to the public so that the person in control of such place may readily have observation of the ones playing or operating such machines.
(b) 
No person shall place, maintain or allow to be placed or maintained any game referred to in this section in any place of business, retail establishment or other place generally open to the public unless a permit therefor has been issued by the City. The fee for such permit shall be established by resolution of the City Council.
(c) 
Applications for permits shall be filed with the License Division of the City and a permit shall be issued therefor, which permit shall specify the kind of machine, the name of the owner, operator, or person in control of the place where such machine is located. The owner, operator or person in control of any place in which any game is located on the effective date of this section and for which a permit is required hereunder shall apply for a permit within 15 days from the effective date of this section.
(Amended by Ord. 694, adopted 4-7-82)
It shall be unlawful and a public nuisance for any person to urinate or defecate, or to cause urine or feces to be placed, deposited, thrown, or dumped, in any of the following locations, except within a urinal, toilet, or commode located in a bathroom, restroom, or other similar facility designed, constructed and approved for the purpose of urination and defecation:
(a) 
Any publicly or privately owned highway, street, alley, sidewalk, parkway, avenue, plaza, civic center, park, library, playground, recreation area, public building, public parking lot or structure, or other publicly maintained facility or place;
(b) 
Any private property into or upon which the public is admitted by easement or license, or is otherwise open to the public, including, but not limited to, restaurants, cafés, stores, and theaters;
(c) 
Any public or private property without the consent of the owner, the owner's agent, or other person in lawful possession thereof;
(d) 
Any public or private property where such person would be exposed to public view.
(Added by Ord. 1380, adopted 6-27-17)
No person shall place, deposit, throw, or dump, or cause to be placed, deposited, thrown, or dumped, any garbage, swill, sand, rook, cement, glass, metal, cans, bottles, papers, ashes, dirt, carcasses of dead animals, offal, refuse, plants, cuttings, trash, or rubbish of any nature whatsoever or any nauseous, offensive matter in or upon any private road or any public or private property of any kind whatsoever.
(Added by Ord. 3, adopted 12-20-56; amended by Ord. 374, adopted 11-10-69)
No person shall deposit, drain, wash, allow to run or divert into or upon any public road, highway, street, alley, drainage ditch, storm drain, or flood control channel owned or controlled by any public agency within the City any water, mud, sand, oil, or petroleum.
(Added by Ord. 3, adopted 12-20-56)
Notwithstanding the provisions of Section 4117 of this chapter, water may be discharged upon a public road or highway, street, alley, drainage ditch, storm drain, or flood control channel owned or controlled by the City if a permit therefor first has been issued by the City Engineer. The City Engineer is hereby authorized to issue such permits for such periods of time as he or she may deem reasonable and under such terms and conditions as he or she may deem necessary to protect the public property and public peace, health, safety, and general welfare.
(Added by Ord. 398, adopted 7-12-71)
No person, except a public officer or employee in the performance of a public duty, shall paste, paint, print, nail, tack, erect, place, fasten, or otherwise affix any flag, pennant, sign, handbill, decorative material, structure used for advertising, or notice of any kind, or cause the same to be done, in or upon any public street or public property within the City, including any roadway, curb, parkway, sidewalk, driveway, approach, apron, lamp post, hydrant, electric light pole, power pole, telephone pole, appurtenance of any such pole, fixture of the fire alarm system, street sign, traffic signal or device, parking meter, parked vehicle, tree, shrub, tree stake or guard, or other similar facility installed within a street.
Any flag, pennant, sign, handbill, decorative material, structure used for advertising, or notice which is placed upon a public street or public property contrary to the provisions of this section hereby is declared to be a public nuisance, and the Director of Public Works or Chief of Police, and each of them, hereby is authorized to remove the same and shall cause the same to be removed, except for parked vehicles that meet the criteria defined in subsection (e) of this section.
(a) 
Any sign placed on or over public property or the public right-of-way in violation of the provisions of this section shall constitute a public nuisance and may be summarily removed by the City without notice to the owner. Said sign shall be retained by the City for a period of not less than three working days. Thereafter, any unclaimed sign may be destroyed. Should someone wish to reclaim any confiscated signs, he or she must first pay the abatement costs as set forth in subsections (b) and (c) of this section.
(b) 
Placement of any sign on or over public property or a public right-of-way in breach of the provisions of this section shall constitute a violation of the Municipal Code subject to citation and an administrative fine which shall be set by resolution of the City Council.
(c) 
Whenever any person by reason of violation of this section causes damage, or destruction of public property, the violator shall also pay the City for the cost of cleaning, repairing, or replacement of such public property made necessary by such violation. The City may require the deposit of the reasonable estimate of such costs and payment of actual costs within 30 days after the City has delivered an invoice for the same.
(d) 
Should the City be required to remove any illegal sign pursuant to this section, the person or entity responsible for such illegal posting shall be liable for the reasonable cost of abatement of such illegal signs. The abatement costs shall be determined by resolution of the City Council. The beneficiary of the advertising or notice shall be presumed to be the party responsible for such costs and shall be billed by the City.
(e) 
Excluded from the provisions of this section shall be parked vehicles on display for sale that conform to all of the following:
(1) 
The owner/seller of said vehicle(s) shall be held responsible for maintaining the cleanliness of the street in complete compliance with the NPDES urban stormwater runoff regulations of Section 5700.
(2) 
The owner/seller of said vehicle(s) must not be affiliated with any licensed business that pertains to used or new car sales.
(i) 
The owner/seller shall have a period of 24 hours to comply with the forgoing upon notification by the City, or must remove such signage from their vehicle(s) when parked upon any public roadway in the City in the future. Failure to act within said grace period and/or the display of the same vehicle(s) on a public street at a different location within the City, shall constitute a violation of Section 3178(c), and the vehicle(s) will be subject to immediate removal and storage.
(Amended by Ord. 59, adopted 10-28-57; Ord. 363, adopted 7-14-69; Ord. 07-1211, adopted 04-10-07; Ord. 1245, adopted 6-23-09)
Signs may be painted on or affixed to temporary construction fences erected upon public streets during building construction to advertise the name of the contractor, subcontractor, architect, builder, owner, or future occupant of the building; provided, however, no such sign shall exceed 12 square feet in area, and not more than one such sign may be attached for each 25 lineal feet of fence.
(Amended by Ord. 59, adopted 10-28-57)
(a) 
Definitions. Unless the context clearly indicates otherwise, terms used in this section shall have the same meaning as set forth in Section 4106(a) of this chapter.
(b) 
Public Rights-of-Way. Unless otherwise authorized by this Code or by other applicable law, no person shall sit, sleep, or lie, nor place, keep, maintain, store, or abandon any merchandise, goods, furniture, baggage, or any other article of personal property on any public highway, alley, bicycle lane or path, crosswalk, median, sidewalk, parkway, public parking lot or structure, or other public property or public way in such a manner that the person and/or items of personal property obstructs the intended usage of that public way for pedestrian or vehicular travel, or in a manner that otherwise constitutes a public safety hazard.
(c) 
Public Seats and Benches.
(1) 
No person shall, at any time, lie upon any seat or bench designed or intended for sitting by the public within a park, public facility, or any public transit vehicle, nor at any public transit stop or station.
(2) 
No person shall sit upon any seat or bench at a public transit stop or station unless actively waiting for public transportation that stops at that location.
(3) 
No person shall place, keep, maintain, or store any items of personal property upon any bench or seat within a park, public facility, or any public transit vehicle, or at any public transit stop or station, or within any public transit vehicle, or within any publicly owned or operated building in a manner that obstructs or hinders the ability of any other person from being able to sit down on the bench or seat as designed and intended.
(d) 
Building Entrances and Exits.
(1) 
Buildings Generally Open to the Public. Unless otherwise authorized by this Code or by other applicable law, no person shall stand, sit, lie, or otherwise physically occupy, nor shall any person place, keep, maintain, store, or abandon items of personal property in or at, the entrance to or exit from any place of public assemblage or other place generally open to the public in such a manner as to obstruct such entrance or exit, to prevent, delay, hinder, or interfere with any person entering, occupying, or leaving said building, or to otherwise constitute a public safety hazard while that place is open to the public.
(2) 
Nonresidential Buildings Not Open to the Public. Unless otherwise authorized by this Code or by other applicable law, no person shall stand, sit, lie, or otherwise physically occupy, nor shall any person place, keep, maintain, store, or abandon items of personal property in or at, the entrance to or exit from any nonresidential building in such a manner as to obstruct such entrance or exit, during any time that the building is not open to the public, without written permission of the owner or person in lawful possession thereof.
(i) 
Written permission to stand, sit, lie, or otherwise physically occupy, or to otherwise place items of personal property in or at, the entrance or exit to a building adjacent to a public highway or sidewalk in violation of Article III, Chapter 3 ("Fire Code") and/or Article VIII ("Building Regulations") of the Downey Municipal Code shall be deemed invalid and to have no legal effect.
(3) 
Exception. The provisions of subsection 4106(c) do not apply to any lawful picketing, or other activities that are authorized by law.
(e) 
Other Locations.
(1) 
Notwithstanding any other provisions of this section, and unless otherwise authorized by this Code or by other applicable law, no person shall sit or lie, nor shall any person place, keep, maintain, store, or abandon any items of personal property, in such a manner that the person and/or items of personal property:
(i) 
Obstructs any paved sidewalk, walkway, path, or other public rights-of-way designed and intended for pedestrian travel by providing less than 36 inches of unimpeded, clear access along that right-of-way, or that otherwise impedes passage as provided by the Americans with Disabilities Act of 1990, as amended from time to time;
(ii) 
Is located on any public highway, alley, sidewalk, parkway, crosswalk, median, or other public way within three feet of any fire hydrant, fire plug, or other Fire Department connection;
(iii) 
Is located on any public highway, alley, sidewalk, parkway, crosswalk, median, or other public way within 10 feet of any operational or utilizable driveway or loading dock;
(iv) 
Is located on any public highway, alley, sidewalk, parkway, crosswalk, median, or other public way within 10 feet of any Automated Teller Machine ("ATM") located adjacent to a public sidewalk, street, or highway;
(v) 
Is located on any public highway, alley, sidewalk, parkway, crosswalk, median, or other public way within 10 feet of any outdoor dining area located upon or adjacent to a public sidewalk;
(vi) 
Is located on any public highway, alley, sidewalk, parkway, crosswalk, median, or other public way within 10 feet of any bench designed or intended for sitting by the public at a public transit stop or station, except that sitting is authorized on such benches for the sole purpose of waiting for public transportation that stops at that location;
(vii) 
Is located within the Downey Civic Center (including Downey City Hall, Downey Police Station, Downey Library, and corresponding walkways and parking areas), except that sitting is authorized on benches installed for such purposes and/or in seats located inside of buildings while utilizing the services provided therein;
(viii) 
Is located within the Barbara J. Reilly Community and Senior Center, except that sitting is authorized on benches and/or in seats while utilizing the services provided at the Center; and/or
(ix) 
Obstructs or unreasonably interferes with the use of any portion of a public right-of-way for any activity for which the City has issued a permit.
(f) 
Exceptions.
(1) 
The provisions of this section do not prohibit any of the following:
(i) 
The parking or placement of a motor vehicle or any bicycle or scooter in a location provided, designated, and approved for such use and in accordance with any applicable laws, rules, and regulations pertaining to the parking or placement of said motor vehicle, bicycle, or scooter;
(ii) 
Any person from sitting on the curb portion of a sidewalk while attending or viewing any lawfully conducted parade;
(iii) 
Any person from sitting or lying upon a public highway, greenbelt, street median, alley, sidewalk, crosswalk or other public place when necessitated by physical disability or injury of such person, provided that such person relocates to a lawful location as soon as physically able;
(iv) 
The temporary placement of personal property on a sidewalk or street during the active loading or unloading of that property (not to exceed 30 minutes), but only during the minimum time for the active loading or unloading of such property to occur and provided the personal property is not left unattended; and,
(v) 
Any activity that is subject to a permit issued by the City authorizing such activity.
(Added by Ord. 57, adopted 10-28-57; amended by Ord. 24-1513, adopted 10/8/2024)
No person shall transmit or broadcast, or cause or permit to be transmitted for broadcast, any radio emission not authorized by the Federal government.
(Added by Ord. 80, adopted 1-27-58)
No person shall operate any device, appliance, equipment, or apparatus generating or causing high frequency oscillations or radiations which interfere with radio broadcast receiving apparatus or wireless receiving apparatus which is supplied with and operated from a suitable antenna and ground system adequate therefor and which is shielded so as to deliver less than 50 milliwatt output across speaker voice coil when placed in a field of intensity of 10,000 microvolts per meter at any frequency within its tuning range without an antenna or ground and with the volume control at the point of greatest sensitivity.
(Added by Ord. 80, adopted 1-27-58)
The prohibitions set forth in Section 4122 of this chapter shall not apply to a person duly licensed to practice medicine, osteopathy, chiropractic, or dentistry or duly licensed by the City to carry on or conduct the business of a massage parlor or x-ray laboratory when the machines causing such prohibited interference are necessary to give treatment, provided all reasonable methods of preventing interference have been applied.
The provisions of said Section 4122 shall not apply to radio broadcast stations, either commercial or amateur, licensed by the Federal government, or which are engaged in interstate communication, or which are public utilities under the supervision of the Public Utilities Commission of the State.
(Added by Ord. 80, adopted 1-27-58)
When an inspection shall have been made by the Chief of Police or his duly authorized representatives and it is found that any device, appliance, equipment, or apparatus is being operated in violation of the provisions of Section 4122 of this chapter, the person responsible for the operation of such device, appliance, equipment, or apparatus shall be notified in writing to discontinue the use of such device, appliance, equipment, or apparatus or to make additions, repairs, or modifications thereof in order that the same may be operated in a manner which complies with the provisions of this chapter. The mailing of a registered letter, addressed to the owner or operator of the device, appliance, equipment, or apparatus at the premises where such device, appliance, equipment, or apparatus is located, shall constitute a sufficient notice for the purposes of this section. In the event the owner or operator of such device, appliance, equipment, or apparatus, within 48 hours after the receipt of the notice to repair or discontinue the use of such device, appliance, equipment, or apparatus, does not either entirely discontinue the use of such machine or repair it so that it complies with the provisions of this Code such owner or operator shall be deemed to be operating such device, appliance, equipment, or apparatus in violation of the provisions of Section 4122 of this chapter.
(Added by Ord. 80, adopted 1-27-58)
No person, unless acting in the scope and course of his or her official duties, shall knowingly intercept any Police Department or Fire Department intradepartmental or interdepartmental radio signal or broadcast for the purpose of responding to or answering the same, or interfering with the answering or responding to the same by a duly authorized person, or otherwise using the information so obtained to interfere with the performance of the duties of persons authorized to receive such departmental radio signals or broadcasts.
No person, except a person acting in the course and scope of his or her official duties, shall knowingly respond to or answer any Police Department of Fire Department intradepartmental or interdepartmental radio signal or broadcast or interfere with the answering of the same by any duly authorized person in the performance of his or her duties.
(Added by Ord. 80, adopted 1-27-58; amended by Ord. 500, adopted 3-23-76)
No person shall wear any device, uniform, cap, or badge which is not readily distinguishable from any badge, cap, device, or uniform worn by an authorized police officer in the employ of the City or by a patrolman, as defined in Part 6 of Chapter 5 of Article VI of this Code, holding a valid and existing registration card. No person shall carry or display a police officer's badge or a badge containing thereon the words "Police," "Downey Detective," "Downey Patrolman," or any other similar such designation unless such person is an authorized police officer in the employ of the City.
(Added by Ord. 77, adopted 1-13-58)
The provisions of Section 4125 of this chapter shall not apply to any patrolman licensed by the City, any police officer, special or regular, in the employ of the City, or any other peace or police officer employed by any governmental agency; provided, however, no such peace or police officer shall carry any badge, card, or device containing the words "Downey Police Officer," "Downey Detective," "Downey Patrolman," or the like, unless such person is a duly authorized employee of the City.
(Added by Ord. 77, adopted 1-13-58)
No person knowingly shall make any false, misleading, or unfounded report, whether oral, written, or otherwise, to any police officer of the City while such police officer is acting in his or her official capacity.
(Added by Ord. 77, adopted 1-13-58)
No person shall abandon, park, store, or leave, or permit the abandonment, parking, storing, or leaving, of any licensed or unlicensed vehicle, or part thereof, which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property, not including highways, within the City for a period in excess of 10 days, unless such vehicle, or part thereof, is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or any private or public property, or unless such vehicle is stored or parked in a lawful manner, on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junk yard.
(Amended by Ord. 340, adopted 1-23-68)
For the purposes of this section, "posted aircraft property" shall mean any property exceeding one acre in area and at each corner of which, at each entrance to which, and at intervals of not more than 300 feet along or near the boundaries thereof three feet above the normal ground level, there has been placed a sign of wood, metal, or other equally substantial material, the face of which is not less than one square foot in area and upon which, in legible letters not less than two inches in height, either black against a white background or white against a black background the words "Private Property – No Trespassing" and which property is used exclusively or principally for any one or more of the following purposes:
(a) 
Airport.
(b) 
Airplane landing field.
(c) 
Testing of aircraft of any type or kind.
(d) 
The manufacture of aircraft of any type or kind.
(e) 
The assembly of aircraft of every type or kind.
(f) 
Uses appurtenant or incidental to any of the uses above described.
Such signs, in addition to the wording required hereinabove, may contain such other words as may be desired indicating that trespassers will be subject to prosecution.
No person without the permission, expressed or implied, of the owner, tenant, or person in lawful possession or control of posted aircraft property shall enter into, upon, on, or cross posted aircraft property; provided, however, that nothing contained herein shall apply to the act of any peace officer while acting in the course, scope, and duty of his or her employment as a peace officer.
(Added by Ord. 138, adopted 1-26-60)
(a) 
Every owner, keeper, or proprietor of any lodginghouse, rooming house, or hotel shall keep a register wherein he or she shall require all guests, roomers, or lodgers to inscribe their names and motor vehicle license number, if applicable, upon their procuring lodging or a room or accommodations. Said register shall also show the day of the month and year when said name was so inscribed and the room occupied or to be occupied by said lodger, roomer, or guest. Said register shall be kept in a conspicuous place in said lodginghouse, rooming house, or hotel and at all times shall be open to inspection by the Chief of Police or any regular police officer or police detective as long as such inspection complies with Federal and State laws.
(b) 
Before furnishing any lodging for hire to any person in any lodginghouse, or before renting any room to any person in any rooming house, or before furnishing any accommodations to any guest at any hotel, the owner, keeper, or proprietor thereof shall require the person to whom such lodging is furnished, or room is rented, or accommodations furnished to inscribe his or her name in such register kept for that purpose as hereinbefore provided, and shall set opposite said name the time when said name was so inscribed, and also the room occupied by such lodger, roomer or guest.
(c) 
Erasures or alterations on the register or document required by subsection (a) or (b) shall not be permitted or made for any purpose, and it is unlawful to erase a name or names and address or addresses, or to permit or allow such an erasure. Such register or documents shall be kept in a conspicuous place and shall be at all times opened to the inspection of any peace officer as long as such inspection complies with Federal and State laws.
(d) 
No person shall write or cause to be written or knowingly permit to be written in any register in any public lodginghouse or hotel, any other or different name or designation than the true name of the person registering therein.
(e) 
No person shall let any room or area in any lodginghouse, rooming house or hotel in the City more than twice in any 24 hour period.
(f) 
No person conducting or owning a lodginghouse, rooming house or hotel, and no person in actual charge, management or control thereof nor agent thereof, shall let or cause to be let any room or area for hourly or other short time rates of less than 12 hours; or in any way advertise that any room or area is available at hourly or other short time rates of less than 12 hours.
(Added by Ord. 216, adopted 1-4-63; amended by Ord. 773, adopted 11-13-84; Ord. 775, adopted 11-27-84; Ord. 15-1348, adopted 12-8-15)
No person shall remove, deface, damage or destroy any marker, monument or device bearing an inscription as a historical marker and erected under the authority of the City of Downey.
(Added by Ord. 335, adopted 8-14-67)
(a) 
Findings and Declaration. Many retail establishments provide shopping carts for the convenience of customers while shopping on the premises of such businesses. However, shopping carts removed from the premises of such businesses and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public. The proliferation of lost, stolen or abandoned shopping carts on public and private sidewalks, streets, parking lots and other ways interfere with pedestrian and vehicular traffic on public and private streets and impedes emergency services. For the aforesaid reasons, such lost, stolen or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this section or in any other manner provided by law.
The purpose of these regulations is to ensure that reasonable measures are taken by the owners and operators of businesses which provide shopping carts for the convenience of customers to either prevent the removal of shopping carts from business premises and parking lots, or provide for the prompt retrieval of lost, stolen or abandoned shopping carts, to complement and supplement provisions of State law, and to adopt local regulations to the extent not otherwise preempted by State statute.
(b) 
Definitions. Except as expressly set forth herein, the following words and terms as used in this section shall have the following meanings:
"Abandoned shopping cart"
shall mean a shopping cart that is left unattended, discarded or abandoned upon any public or private property other than the business premises from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the permission of the owner.
"Business premises"
shall mean the interior of a cart owner's commercial establishment, adjacent walkways, any loading area, and the parking area, as defined herein.
"Cart identification sign"
shall mean a sign or engraved surface which is permanently affixed to a shopping cart containing all of the information specified in Downey Municipal Code Section 4133(d)(2).
"Cart owner"
shall mean the owner or operator of a commercial establishment, or agent thereof, that provides carts for use by its customers for the purpose of transporting goods of any kind, regardless of whether such commercial establishment is operated as a retail or wholesale business, and regardless of whether the commercial establishment is open to the general public, or is a private club or business, or is a membership store.
"Cart removal warning"
shall mean a placard, sign or painted text which meets the requirements of Downey Municipal Code Section 4133(d)(3).
"Enforcement officer"
shall mean any officer or employee of the City designated with the authority to enforce the applicable provisions of the Downey Municipal Code.
"Parking area"
shall mean a parking lot or other property provided by a commercial establishment for use by a customer for parking an automobile or other vehicle. In a multistore complex or shopping center, "parking area" includes the entire parking area used by or controlled by the complex or center.
"Qualified cart retrieval service"
shall mean a commercial service, operated by a third party and paid by a cart owner to retrieve and return shopping carts.
"Shopping cart"
shall mean a basket which is mounted on wheels or a similar device provided by the operator of a commercial establishment for the use of customers for the purpose of transporting goods of any kind. A cart sold by a commercial establishment to a retail customer for that customer's personal use is not a shopping cart for the purposes of this section.
(c) 
Unlawful Acts.
(1) 
Except as otherwise expressly provided in this Section, it shall be unlawful and a misdemeanor offense for any cart owner to provide or offer, or permit to be provided or offered, any shopping cart to a customer of the cart owner without a current and valid cart containment plan approved by the City as required by and in accordance with the provisions of this Section.
(2) 
It is unlawful and a misdemeanor to do any of the following acts, if a shopping cart has a permanently affixed cart identification sign:
(i) 
To temporarily or permanently remove a shopping cart from the business premises or the parking area of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment. Written permission shall be valid for a period not to exceed 24 hours.
(ii) 
To be in possession of a shopping cart that has been removed from the business premises or parking area of a business establishment without the express prior written approval of the cart owner or on-duty manager of the business establishment unless it is in the process of being immediately returned to the owner or business establishment.
(iii) 
To abandon or leave any shopping cart upon any public street, alley, sidewalk, parkway, or other public place nor upon any private property except that of the business premises of the cart owner.
(iv) 
To alter, convert, tamper with, or remove any part (including, but not limited to, cart identification sign or physical devices designed to lock or disable the wheels of a cart) from any shopping cart which has a permanently affixed cart identification sign.
Subsection 4133(c)(2) shall not apply to carts that are removed for the purposes of repair or maintenance that has been authorized by the cart owner.
(3) 
Failure to comply with any portion of Section 4133 may subject the violator to any civil, criminal, or administrative remedies, as provided by law.
(d) 
Cart Containment Plan. Every cart owner shall develop, implement, and comply with the provisions of a written cart containment plan approved by the City to prevent customers from removing carts from the business premises. The cart containment plan shall be posted at or near the entrance of the business premises. The cart containment plan shall include the following elements and a detailed description of how they will be implemented:
(1) 
Physical Measures. Specific physical measures shall be implemented to prevent cart removal from the business premises. This shall include one or more of the following:
(i) 
Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.
(ii) 
Obtaining a security deposit from customers for the on-site use of shopping carts.
(iii) 
Any other measure approved by the Director of Public Works as a means to contain carts on premises.
(2) 
Cart Identification Sign. Every cart owner shall ensure that every shopping cart has a sign permanently affixed to it that contains, at a minimum, the following information:
(i) 
Identification of the owner of the cart or the retailer, or both;
(ii) 
Notification to the public of the procedure to be utilized for authorized removal of the cart from the premises;
(iii) 
Notification to the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law and the Downey Municipal Code; and
(iv) 
A valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.
(3) 
Cart Removal Warning Required. Every cart owner shall post and maintain cart removal warnings on the business premises, which meet all of the following minimum specifications:
(i) 
Meet or exceed 18 inches in width and 24 inches in height.
(ii) 
Using block lettering not less than one-half inch in width and two inches in height, contain a statement to the effect that unauthorized removal of a shopping cart from the business premises, or possession of a shopping cart in a location other than on the business premises, is a violation of State law and City ordinance.
(iii) 
List a local or toll-free telephone number for cart retrieval.
(iv) 
Be affixed to an interior wall of the building or otherwise permanently and prominently displayed within two feet of all customer entrances and exits.
(v) 
Cart removal warnings on the exterior of the building are not considered "signs" for the purpose of calculating maximum allowable signage under Article 9 ("Land Use") of the Downey Municipal Code.
(4) 
Cart Retrieval Operations. The procedure by which the owner or qualified cart retrieval service will search, find and return carts removed from the business premises. The cart retrieval operation must demonstrate that the cart retrieval service will patrol all public streets, highways, sidewalks, alleys, parks, and other public rights-of-way throughout the City not less than every 24 hours to actively locate lost, stolen, and abandoned shopping carts, and that the cart retrieval service or cart owner will respond to complaints from the public or notifications from an enforcement officer in a manner which results in the retrieval of carts within 24 hours of receiving the notification. The owner shall provide written authorization to all retrieval personnel, which authorization shall be carried by each person while performing cart retrieval services on behalf of the owner and shall be provided to any enforcement officer upon request.
(5) 
Shopping Cart Maintenance. If a cart owner equips shopping carts with disabling devices, the owner shall conduct regular maintenance to ensure the disabling devices are working properly. If at any time, the owner determines the disabling device installed on a cart is not working properly, the cart shall be pulled from circulation until it is repaired. The owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned carts available for use.
(6) 
Employee Training. The owner of the retail establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the cart containment plan and the provision of law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.
(e) 
Cart Containment Plan Approval Process.
(1) 
Except as set forth in Subsection 4133(e)(2), cart owners shall submit a proposed cart containment plan that complies with the provisions of Subsection 4133(d) to the Public Works Department, and obtain approval thereof by the City, prior to providing any shopping carts to its customers. Each proposed plan shall be accompanied by a non-refundable fee in an amount set by resolution of the City Council.
(2) 
Any commercial retail establishment with a current and valid business license that provides shopping carts for use by its customers as of the effective date of this Ordinance shall submit a proposed cart containment plan that complies with the provisions of Subsection 4133(d) to the Public Works Department within 90 calendar days following the effective date of adoption of this Ordinance, and shall obtain approval thereof by the City. Each proposed plan shall be accompanied by a non-refundable fee in an amount set by resolution of the City Council, and such fees shall not be pro-rated.
(3) 
City Review. Within 30 calendar days of receipt of a completed cart containment plan and corresponding fee, the Public Works Director shall review the proposed plan and determine whether the cart containment measures set forth in the proposed plan comply with the provisions of Subsection 4133(d), and whether such measures are otherwise adequate to reasonably prevent the removal of shopping carts from the business premises and to ensure the prompt retrieval of lost, stolen, or abandoned shopping carts from the business premises.
(i) 
The Public Works Director shall issue a written Notice of Decision and serve it upon the cart owner via either personal delivery or by United States Postal Service, first-class mail. If the cart owner has provided an e-mail address with the cart containment plan, the Notice of Decision may alternatively be issued via e-mail to that e-mail address. Notice shall be deemed effective upon personal delivery, upon transmission of e-mail, or upon placement in a United States Postal Service receptacle in the ordinary course of business.
A. 
A Notice of Decision denying a proposed cart containment plan shall set forth the reasons for denial, and may include recommendations for additional measures to adequately contain shopping carts or ensure timely retrieval of lost, stolen, or abandoned shopping carts. Any cart owner may appeal the Public Works Director's denial of a proposed cart containment plan to the City Manager, or designee thereof, within 15 calendar days of a Notice of Decision in the manner set forth in Subsection 4133(f)(3).
(ii) 
All containment and recovery measures approved in a cart containment plan shall be implemented within 30 calendar days of City approval of the cart containment plan.
(4) 
Cart containment plans shall be effective through December 31st of the calendar year in which the cart containment plan was approved.
(i) 
Cart owners that are proposing any modification of a current and valid cart containment plan shall submit a new cart containment plan that adheres to the provisions of Subsection 4133(d), along with corresponding nonrefundable fees in an amount set by resolution of the City Council, no later than October 31st of each calendar year. Any such containment plan shall be processed as set forth in Subsection 4133(e).
(ii) 
Cart owners that are not proposing any modifications to a current and valid cart containment plan shall apply to renew the cart containment plan no later than October 31st of each calendar year. An application to renew an existing cart containment plan shall be accompanied by a nonrefundable renewal fee in an amount set by resolution of the City Council.
A. 
An application to renew an existing cart containment form does not negate the Public Works Director's authority to review the existing containment plan that is proposed to be renewed and to determine whether the cart containment measures comply with the provisions of Subsection 4133(d), and whether such measures are otherwise adequate to reasonably prevent the removal of shopping carts from the business premises and to ensure the prompt retrieval of lost, stolen, or abandoned shopping carts from the business premises. In any instance where the Public Works Director denies the renewal of a cart containment plan, the Public Works Director shall issue a Notice of Decision as set forth in Subsection 4133(e)(3)(A)(i).
(f) 
Modification or Revocation of Cart Containment Plan Approval; Appeal Thereof.
(1) 
Grounds for modification or revocation. An approved cart containment plan may be modified or revoked by the Public Works Director upon any of the following grounds:
(i) 
The cart owner is causing, allowing, permitting, or suffering any violation of the provisions of an approved cart containment plan and has failed to correct the violation within 15 calendar days of the issuance of written notification from the City of such violation. Written notification is only required upon a first violation, and the City is not required to provide additional notice or an opportunity to correct upon a subsequent violation of the same provision of a cart containment plan before modifying or revoking a cart containment plan approval.
(ii) 
The cart owner is causing, allowing, permitting, or suffering any violation of the provisions of Section 4133 and has failed to correct the violation within 15 calendar days of the issuance of written notification from the City of such violation. Written notification is only required upon a first violation, and the City is not required to provide additional notice or an opportunity to correct upon a subsequent violation of the same provision of Section 4133 before modifying or revoking a cart containment plan approval.
(iii) 
The cart containment plan, as approved, is inadequate to reasonably prevent the removal of shopping carts from the premises of the retail establishment.
(iv) 
The cart containment plan, as approved, is inadequate to ensure the prompt retrieval of lost, stolen, or abandoned shopping carts from the business premises.
(v) 
A previous cart containment plan for the same commercial establishment has been revoked within the previous 180 calendar days.
(2) 
Upon determining the existence of grounds set forth in Subsection 4133(f)(1) and that a cart containment plan approval should be modified or revoked, the Public Works Director shall issue a written Notice & Order either modifying or revoking the cart containment plan approval, and shall serve the cart owner with the Notice & Order in the same manner as set forth in Subsection 4133(e)(3)(A).
(i) 
The Notice & Order shall contain, at a minimum, the grounds upon which the modification or revocation is based, along with the information and/or evidence (or a summary thereof), constituting the basis for the modification or revocation. The Notice & Order shall also advise the cart owner of the cart owner's right to appeal the modification or revocation to the City Manager, or designee thereof, within 15 calendar days of the Notice & Order in the manner set forth in Subsection 4133(f)(3).
(3) 
Appeals.
(i) 
Any cart owner whose proposed cart containment plan has been denied, or whose approved cart containment plan has been modified or revoked, may appeal the determination of the Public Works Director to the City Manager, or designee thereof, by filing a written request for an appeal with the City Clerk, accompanied by an appeal fee as approved by resolution of the City Council, within 15 calendar days of the issuance of the Public Works Director's determination. The request for an appeal must contain, at a minimum, the following information:
A. 
The name, address, telephone number, and e-mail address of each appellant;
B. 
The date of the Public Works Director's notice that is being appealed;
C. 
A statement as to all grounds for appeal in sufficient detail to enable the City Manager or designee thereof to understand the nature of the controversy; and,
D. 
The signature of each appellant under penalty of perjury as to the contents of the request for appeal.
(ii) 
Failure of the City Clerk to receive a timely appeal and payment of corresponding appeal fee(s) constitutes a waiver of the right to challenge the Public Works Director's determination, and the Notice of Decision or Notice & Order shall be deemed final and binding.
(iii) 
Upon a timely receipt of a request for an appeal and applicable fees, the City Manager shall conduct an appeal hearing within 30 calendar days. The cart owner shall be provided with written notice of the date, time, and location of the appeal hearing at least 10 calendar days prior to the hearing.
(iv) 
Appeal hearings are informal proceedings, and the legal rules of evidence shall not be applicable. Appeal hearings shall proceed solely on those issues or defenses raised in the request for an appeal filed by the appellant(s), and all matters not contested in said request shall be deemed admitted into evidence. The Notice of Decision and/or Notice & Order shall be admitted into evidence and shall constitute prima facie evidence of the grounds for the denial, modification, and/or revocation. The Public Works Director (or designee thereof) and the cart owner may present written and/or oral evidence relating to the request for an appeal and grounds for denial, modification, and/or revocation, and the City Manager or designee thereof may question any person who presents evidence or who testifies.
(v) 
The City Manager or designee thereof shall render a decision on the appeal and adopt findings of fact in support of such decision, and issue a written Order on Appeal setting forth the decision and findings of fact in support thereof within 30 calendar days of the conclusion of the appeal hearing. The Order of Appeal shall be served upon the appellant in the same manner as set forth in Subsection 4133(e)(3)(A).
(vi) 
The decision of the City Manager or designee thereof shall be deemed final and binding, and judicial review of any final administrative decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.6, et seq.
(vii) 
No owner of a commercial establishment which is subject to the requirements of this Section shall provide or make available shopping carts for use by its customers following the date any decision denying or revoking a cart containment plan approval becomes final, unless and until a new proposed cart containment plan is approved by the City for such commercial establishment.
(g) 
Abatement of Abandoned Shopping Carts.
(1) 
An abandoned shopping cart that has a cart identification sign permanently affixed to it may be impounded by the City, provided any of the following conditions have been satisfied:
(i) 
The shopping cart is located on any public street, alley, sidewalk, parkway, other public place or upon any private property except that of the business premises of the cart owner.
(ii) 
The shopping cart has not been retrieved within three calendar days from the date the City provides the cart owner notice of the shopping cart's discovery and location.
(iii) 
Notwithstanding Municipal Code Section 4133(f)(1)(B), in instances where the location of a shopping cart will impede emergency services, or is a threat to public safety, the City may immediately impound the shopping cart.
(iv) 
In addition to any civil, criminal, or administrative penalties, the City may recover its actual costs for any impounded shopping carts as otherwise authorized by the California Business and Professions Code and/or other applicable law.
(2) 
Upon impounding an abandoned shopping cart, the City shall provide notice of impoundment to the cart owner.
(3) 
Any shopping cart not reclaimed by the cart owner from the City within 10 days of receipt of an impoundment, the shopping cart may be sold or otherwise disposed.
(4) 
Nothing in this Subsection shall be interpreted to prevent the City from contracting with a third party to impound, store, and dispose of abandoned shopping carts pursuant to the provisions of this section.
(Added by Ord. 357, adopted 1-28-69; amended by Ord. 427, adopted 11-28-72; Ord. 987, adopted 11-22-94; repealed and replaced by Ord. 20-1422, adopted 1-28-20)
No person shall construct, place, or maintain any bus bench or other similar device upon public property.
(Added by Ord. 364, adopted 7-14-69; amended by Ord. 1021, adopted 6-11-96)
Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol 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, shall store or cause such aerosol containers or marker pens to be stored in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers.
(Added by Ord. 672, adopted 10-13-81; amended by Ord. 962, adopted 4-27-93)
(a) 
Public access to any cemetery within the City of Downey shall only be allowed between 6:00 a.m. and 8:00 p.m., seven days a week. No member of the public shall enter any cemetery at any time not permitted herein.
(b) 
No person shall carry on activities within any cemetery, including without limitation the hitting of golf balls and the playing or practicing of sports or recreational activities, which are contrary to, or disruptive of, cemetery purposes.
(c) 
For the purposes of this section, "cemetery purposes" are those purposes as defined in Health and Safety Code Section 7029 and further defined as the maintenance of an atmosphere of reverence for the interment of deceased persons and for the mourning of the deceased by any individual. Any violation of this section shall be punishable as a misdemeanor in accordance with Section 1200 of Chapter 2, Article I, of the Downey Municipal Code. This section does not preclude or supplant the provisions of Health and Safety Code Section 8101 relating to crimes of vandalism within cemeteries.
(d) 
Signs shall be posted at the entrances to all cemeteries to inform the public in summary form of the provisions of this section.
(Added by Ord. 939, adopted 12-10-91; amended by Ord. 948, adopted 9-8-92)
No person shall enter or be present upon any private property or portion of private property, not open to the general public, without the consent of the owner, the owner's agent, or the person in lawful possession, where signs forbidding entry are displayed as provided in Section 4154.
(Added by Ord. 961, adopted 4-27-93)
For purposes of Section 4153, one sign must be printed or posted in a conspicuous manner at every walkway and driveway entering any enclosed private property or portion thereof and at a minimum of every 50 feet along the boundary of any unenclosed lot. This requirement is met if at least one sign is conspicuously printed or posted on the outside of every structure on such property, so as to be readable from each walkway and driveway entering such property. At a minimum, the sign shall state in clear lettering at least two inches high:
"THIS PROPERTY CLOSED TO THE PUBLIC
NO ENTRY WITHOUT PERMISSION
DOWNEY MUNICIPAL CODE SECTION 4153"
(Added by Ord. 961, adopted 4-27-93)
No person shall enter or be present upon any private property or portion of private property, not open to the general public, who within the immediately preceding six months was advised as follows: to leave and not return, and that if he or she returns to the property within six months of the advisement he or she will be subject to arrest. This advisement must be made by the owner, the owner's agent, the person in lawful possession or a peace officer at the request of the owner, owner's agent or person in lawful possession. The advisement shall be documented in writing by the individual making it and shall include the name of the person advised, the date, approximate time, address and type of property involved. This subsection is not violated if a person so advised enters the property within the designated six month period, when he or she has been expressly authorized to do so by the owner's agent or a person in lawful possession.
(Added by Ord. 961, adopted 4-27-93)
(a) 
No person shall enter or be present upon any private property or portion of private property, not open to the general public, without the express consent of the owner of the owner's agent when that person:
(1) 
Has been convicted of any violation of the law involving narcotics, prostitution, vandalism, weapons, disturbance of the peace, loitering, threat to commit a violent act, or a violent act, on that same private property not open to the general public, whether or not such property is posted in accordance with Section 4153; and
(2) 
Has, subsequent to the conviction, been told leave and not return to that same property, by the owner, the owner's agent or a peace officer at the request of the owner or the owner's agent.
(b) 
The request to leave must be made within six months of the date of the conviction and shall be documented in writing by the individual making the request. The documentation of the request shall include the name of the person being requested to leave, the date, the approximate time, the address and the type of property involved.
(c) 
This section applies even if the person has the consent of a person in lawful possession but does not apply to persons who have a right of lawful possession to the subject property. An individual who has the consent of the person in lawful possession may not be refused entry by the owner or the owner's agent for a period exceeding 12 months, computed from the date of the request to leave.
(Added by Ord. 961, adopted 4-27-93)
No person shall enter or be present upon any private property or portion of private property, open to the general public, who within the immediately preceding 24 hours was advised to leave and not return, and that if he or she returns to the property within 24 hours of the advisement, he or she will be subject to arrest. This advisement must be made by the owner, the owner's agent, the person in lawful possession or a peace officer at the request of the owner, owner's agent or the person in lawful possession. The advisement shall be documented in writing by the individual making it and shall include the name of the person advised, the date, approximate time, address and type of property involved. A request to leave may be made only if it is rationally related to the services performed or the facilities provided and may not be made in any instance provided under Section 4160.
(Added by Ord. 961, adopted 4-27-93)
The term "private property" shall mean any real property, including but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, driveways, carports, parking areas and vacant lots, except land which is used exclusively for agricultural purposes, owned by any person or legal entity other than property owned or lawfully possessed by any governmental entity or agency.
(Added by Ord. 961, adopted 4-27-93)
When a peace officer's assistance in dealing with a trespass is requested pursuant to Sections 4155, 4156 and 4157, the owner, owner's agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion. However, a single request for a peace officer's assistance may be made to cover a limited period of time not to exceed 12 months when such request is made in writing and provides the specific dates of the authorization period and further provides a copy of any documented request to leave.
(Added by Ord. 961, adopted 4-27-93)
Sections 4153 through 4159 shall not apply in any of the following instances:
(a) 
When its application results in, or is coupled with, any act prohibited by the Unruh Civil Rights Act, or any other provision of law relating to prohibited discrimination against any person;
(b) 
When its application results in, or is coupled with, an act prohibited by Section 365 of the California Penal Code, or any other provision of law relating to the duties of innkeepers;
(c) 
When public officers or employees are acting within the course and scope of their employment or in the performance of their official duties; or
(d) 
When persons are engaging in activities protected by the United States Constitution or the California Constitution or when persons are engaging in acts which are expressly required or permitted by any provision of law.
(Added by Ord. 961, adopted 4-27-93)