Title 9
PUBLIC PEACE, MORALS AND WELFARE
Chapters:
9.04
Glue Sniffing
9.06
Drug Paraphernalia
9.08
Discharge of Firearms
9.10
Regulations Governing Parks
9.12
Curfew
9.16
Alcoholic Beverages in Public
9.18
Noise Control
9.20
Loitering
9.22
Graffiti
9.24
Cigarette Vending Machines
9.26
Unclaimed Property
9.28
Skateboards, Roller Blades, Bicycles, Scooters, and Other Similar Vehicles on
Public or Private Real Property
9.32
Sexual offenders' Proximity to Children's Facilities
Chapter 9.04
GLUE SNIFFING
Sections:
9.04.010
Certain acts prohibited.
9.04.020 Penalty for violation.
9.04.010 Certain
acts prohibited. It shall be unlawful for any person to inhale, breathe,
drink or in any manner use any product or substance or combination thereof
containing organic solvents, which include amyl acetate, trichlor
ethylene, acetone or other closely related or similar compounds used as
solvents for products referred to as “glue,” “adhesive cement,” “mucilage” or
“dope,” with the intent of becoming intoxicated, elated, dazed, paralyzed,
irrational or in any manner changing, distorting, disturbing the eyesight,
thinking process, balance or coordination or affecting the central nervous
system of such person. For the purposes of this chapter, any such condition so
induced shall be deemed to be an “intoxicated condition.” The provisions of
this section shall not pertain to any person who inhales, breathes or drinks or
uses such product or substance pursuant to the direction or prescription of any
doctor, physician, surgeon, dentist or podiatrist authorized to so
direct or prescribe.
9.04.020 Penalty for violation. Any person violating any
provisions of this chapter shall be guilty of a misdemeanor and shall,
upon conviction, be punished by a fine not exceeding five hundred dollars or by
imprisonment in the county jail not exceeding six months or by both such fine
and imprisonment. Every separate act or transaction in violation of this
chapter shall be deemed a separate offense.
Chapter 9.06
DRUG PARAPHERNALIA
Sections:
9.06.010
Definitions.
9.06.020
General prohibition.
9.06.030
Exceptions.
9.06.040
Minors.
9.06.050
License required. 9.06.060 Required records. 9.06.070
Use permit required.
9.06.080
Unauthorized sale declared public nuisance. 9.06.090
Violation--Penalty.
9.06.010 Definitions. As used in this chapter:
A.
"Business" means a fixed location whether indoors or outdoors, at
which merchandise is displayed or offered for distribution.
B.
"Display" means to show to a patron or any member of the public, or
place in a manner so as to be available for
viewing or inspection by a patron or any member of the public.
C. "Distribute" means to transfer ownership or a possessory interest to another, whether
for consideration or as a gratuity. "Distribute" includes both
sales and gifts.
D. "Drug paraphernalia" means and includes any of the items
possession of which is prohibited by Section 11364 of the State Health and
Safety Code. "Drug paraphernalia" also means all equipment,
products, and materials of any kind which are intended for use or designed for use, in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance. "Drug paraphernalia" includes,
but is not limited to, all of the following:
1. Kits intended for use or
designed for use in planting, propagating, cultivating, growing or harvesting of any
species of plant which is a controlled substance or from
which a controlled substance can be derived.
2. Kits intended for use or
designed for use in manufacturing, compounding, converting, producing, processing,
or preparing controlled substances.
3. Isomerization
devices intended for use or designed for use in increasing the potency
of any species of plant, which is a controlled substance.
4. Testing equipment intended for
use or designed for use in identifying, or in analyzing the strength,
effectiveness or purity of controlled substances.
5. Scales and balances intended
for use or designed for use in weighing or measuring controlled substances.
6. Diluents and adulterants, such
as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended
for use or designed for use in cutting controlled substances.
7 Separation gins
and sifters intended for use or designed for use in removing twigs and seeds
from, or in otherwise cleaning or refining, marijuana.
8. Blenders, bowls, containers, spoons, and
mixing devices intended for use or designed for use in compounding controlled
substances.
9. Capsules, balloons, envelopes, and other
containers intended for use or designed for use in packaging small quantities
of controlled substances.
10. Containers and other objects intended for
use or designed for use in storing or concealing controlled substances.
11. Hypodermic syringes, needles, and other
objects intended for use or designed for use in parenterally
injecting controlled substances into the human body.
12. Objects intended for use or designed for
use in ingesting, inhaling, or otherwise introducing marijuana, cocaine,
hashish, or hashish oil into the human body, such as the following:
a. Metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipes with or without screens, permanent screens, hashish
heads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to
hold burning material, such as a marijuana cigarette that has become too small
or too short to be held in the hand;
f. Miniature cocaine spoons, and cocaine
vials;
g. Chamber pipes;
h.
Carburetor pipes;
i. Electric
pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs;
m. Ice Pipes or Chillers. In determining
whether an object is drug paraphernalia, a court or other authority may consider,
in addition to all other logically relevant factors, the following:
i. Statements
by an owner or by anyone in control of the object concerning its use.
ii. Prior convictions, if any, of an
owner, or of anyone in control of the object, under any state or federal law
relating to any controlled substance.
iii. Direct or circumstantial evidence
of the intent of an owner, or of anyone in control of the object, to deliver it
to persons whom he or she knows, or should
reasonably know, intend to use the object to facilitate a violation of
this section. The innocence of an owner, or of anyone
in control of the object, as to a direct violation of this section shall not
prevent a finding that the object is intended for use, or designed for use, as
drug paraphernalia.
iv. Instructions, oral or written,
provided with the object concerning its use.
v. Descriptive materials, accompanying
the object, which explain or depict its use.
vi. National and local advertising
concerning its use.
vii. The manner in which the object is
displayed for sale.
viii. Whether the owner, or anyone in control of the object, is a legitimate supplier of
like or related items to the community, such as a licensed distributor
or dealer of tobacco products.
ix. The existence and scope of legitimate
uses for the object in the community.
x. Expert testimony concerning its use.
E.
"Minor" means any person under eighteen
years of age.
F.
"Patron" means a person who enters a business for the purpose of
purchasing, or viewing as a shopper, merchandise displayed or offered
distribution at the business.
G.
"Person" means a natural person or any firm, partnership,
association, corporation or cooperative association.
9.06.020 General prohibition.
No person or business shall display or offer for distribution, in a place of
business open to the public, any drug paraphernalia.
9.06.030 Exceptions. A.
Separate Room. The prohibition set
forth in Section 9.06.020 of this chapter shall not apply when drug paraphernalia are displayed or offered for
distribution in a separate room or enclosure to which minors not accompanied by
a parent or legal guardian are excluded. The entrance to such a room or
enclosure shallbe conspicuously posted with a sign
clearly indicating that drug paraphernalia are displayed or offered for distribution
therein, and that minors may not enter such room.
B. Hypodermic Syringes.
1. The prohibition set forth in Section
9.06.020 of this chapter shall not apply to any physician, dentist, podiatrist,
veterinarian, pharmacist or other authorized person who distributes hypodermic
syringes, needles and other objects intended to use or designed for use in parenterally injecting controlled substances into the human
body.
2. The
prohibition set forth in Section 9.06.020 of this chapter shall not apply to
any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to distribute hypodermic
syringes, needles and other objects intended to use or designed for use
in parenterally injecting controlled substances into
the human body.
9.06.040 Minors. A. Sale Prohibited. No
person or business open to the public shall distribute drug paraphernalia to
any minor.
B.
Purchase of Drug Paraphernalia Prohibited. No person under the age of eighteen
years shall purchase drug paraphernalia at a place of business open to the
public.
1. No minor shall enter, be in, remain in or
visit a room at a place of business open to the public in which drug
paraphernalia are displayed or offered for distribution unless such minor
person is accompanied by a parent or legal guardian.
2. No person in control of any place of business
open to public shall allow a minor to enter, be in, remain in or visit a room
at such place of business in which drug paraphernalia are displayed or offered
for distribution unless such minor person is accompanied by a parent or legal
guardian.
9.06.050 License required. A.
No persons or business open to the public shall distribute drug paraphernalia as authorized by this chapter without first
obtaining a license as described herein. Such license shall be in addition to any other licenses held or required to
be held by applicant. Such licenses are not transferable.
B. Annual
applications for licenses shall be made to the chief of police upon forms
supplied by the police department office and shall require that the following
be furnished:
1. The name of the applicant and of each of
its officers, partners, business associates, and managers.
2. The location of the business and its name,
if different from applicant's name.
3. Acknowledgment and representation by applicant
that it is familiar with the requirements of this chapter and will inform all persons it employs within this
municipality of the requirements thereof.
4. The annual license fee shall be five
hundred dollars.
5. Such application shall be accompanied by
an affidavit by each individual applicant an each person employed by the
applicant within the municipality that such person has never been convicted of
a drug abuse offense.
6. A separate license shall be required for each location at which drug paraphernalia are
displayed or offered for distribution within the city.
C.
Within fifteen days after an application is received for such licenses, an
inspection of the premises will be made by the chief of police or his
designated representative for purpose of determining whether the premises
comply with the requirements of this chapter. In particular, any such premises
must be reasonably designed so as to limit
the controlled entry of minors into an area where drug paraphernalia are
displayed or offered for distribution.
9.06.060 Required
records. A. Every person or business who obtains a license to distribute
drug paraphernalia as authorized by this chapter must keep an accurate record
of every item of drug paraphernalia which is sold by the person or business.
B. Such records
shall contain the following information:
1. The name and address of the purchaser;
2. The name and quantity of the product and
the generic name or type of product;
3. The date
and time of sale;
4. Signature of the person, business or
authorized agent thereof;
5. The type of identification used to verify
the age of purchaser.
C. The records
described in herein shall be retained by the person or business licensed for
not less than two years and shall be open to the inspection of the chief of
police or his designated representative upon request at reasonable times during
the two year period.
9.06.070 Use permit required.
Any person or business, which displays or offers for distribution drug paraphernalia
shall only conduct such business within the retail commercial (C-1) zone of the
city, and shall first obtain a use permit in accordance with Title 18 of this code.
9.06.080 Unauthorized
sale declared public
nuisance. The display or offer for
distribution of drug paraphernalia in a place of business open to the public,
except as permitted in this chapter, is declared to be a public nuisance and
may be abated pursuant to Section 731 of the Code of Civil Procedure of the
state.
9.06.090 Violation--Penalty. A. Any person violating
any of the provisions of this chapter shall be deemed guilty of an infraction,
and upon conviction thereof, shall be punished as provided in Chapter 1.20 of
this code.
B. Violation of any of the provisions of this
chapter shall constitute grounds for revocation of any business license issued
by the city to a business upon the premises of which the violation has
occurred. Revocation of a business license shall be pursuant to procedures
adopted by the city.
Chapter 9.08
Sections:
9.08.010 Definition.
9.08.020
Prohibited.
9.08.030 Exemptions and special permits.
9.08.010 Definition. “Firearm,” as used in this
chapter, includes any instrument or weapon commonly known as a pistol,
revolver, gun, rifle, air gun, pellet gun or BB gun, or an instrument or weapon
from which is expelled a projectile by the force of any explosion or other form
of combustion.
9.08.020 Prohibited. Every
person who discharges a firearm within the city limits is guilty of a
misdemeanor and, upon conviction thereof, punishable by fine of not more than five
hundred dollars or by imprisonment for a period of not more than six months, or
by both such fine and imprisonment.
9.08.030 Exemptions and special permits. A. This chapter shall not
apply to duly appointed peace officers who are carrying out official duties
while in the city, or any person summoned by any such officer to assist in
making arrests or preserving the peace while he is actually engaged in
assisting such officer.
B.
On application to the chief of police, any person may obtain a permit for the
discharge of firearms, providing that the person making such application gives
satisfactory evidence that the discharge of such firearm or firearms involved
is not for an unlawful purpose, and that reasonable precautions have been taken
by the applicant to prevent the injury to persons or property from the
discharge of such firearms.
Chapter 9.10
REGULATIONS GOVERNING PARKS
Sections:
I. PURPOSE
9.10.010 Purpose.
II. GENERAL
9.10.020 Definitions.
9.10.030 Hours of operation.
9.10.040 Closure for emergency.
III. PROHIBITED ACTS
9.10.050
Miscellaneous prohibited acts.
9.10.060
Animals——prohibited acts.
9.10.070
Polluting water——Prohibited acts.
9.10.080
Operation of vehicles and bicycles——Prohibited acts.
9.10.090 Glass beverage containers——Prohibited.
9.10.100 Disposition of rubbish, trash, garbage,
etc.
IV.
9.10.110
V. MERCHANDISING, ADVERTISING, PEDDLING, VENDING, SOLICITING, POSTING OF SIGNS, ETC., PROHIBITED——EXCEPTION.
9.10.120 Merchandising, etc.
VI. OVERNIGHT CAMPING
9.10.130
Camping.
VII. RECREATION AND PARK PERMITS
9.10.140 Picnics——Permits.
9.10.150
Violation of chapter an infraction—— Penalty.
9.10.160
I. PURPOSE
9.10.010 Purpose. It is the purpose and
intent of this chapter to promote the safety, comfort and convenience of the
public’s use and enjoyment of any park or recreational area and the use and enjoyment
of any building, structure, equipment, or apparatus thereon.
II. GENERAL
9.10.020 Definitions. For the purpose of this
chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
A.
Alcoholic beverages” means alcohol, spirits, liquor, beer or wine.
B.
“Amplified sound” means music, speech, or sound projected and transmitted by
electronic equipment including amplifiers, tape, disk, or record players, and
radios.
C.
“Board” means the board of directors of the Weed Recreation and parks District.
D.
“City” means the city of
E.
“City council” means the legislative body of the city.
F.
“Director” means the director of recreation and parks of the Weed Recreation
and Parks District or his designated representative.
G.
“District” means the Weed Recreation and Parks District.
H.
“Park” means any public park owned or leased by the Weed Recreation and Parks
District.
J.
“Vehicle” means any wheeled conveyance, whether motor—powered, drawn or
self—propelled, of any size, kind or description, except for baby carriages and
vehicles in service to the Weed Recreation and Parks District.
9.10.030 Hours of operation. A. All parks and
recreational areas under the jurisdiction of the district shall be open to the public
every day of the year from sunrise until eleven p.m., provided, however, that
the closing hours shall be automatically extended to allow public participation
in park activities organized or sanctioned by the district or city and
expressly intended to continue into extended hours. The director may, for good
cause, temporarily restrict such hours, or in the same manner temporarily
extend same for the general public use, or for particular individuals or
groups. The director shall install appropriate signs to advise the public of
hours of operation. Any restriction in hours shall be posted in conspicuous
places so as to reasonably put the public on notice.
B.
No person shall park a motor vehicle in or adjacent to any park for the purpose
of sleeping in, or occupying such vehicle for any other purpose, in violation
of any posted notice prohibiting same.
9.10.040 Closure for emergency. A. In any emergency or when
the director or his appointed representative, the mayor or his appointed
representative, the city administrator, the chief of police or designee, the
fire chief or designee, shall have the authority and shall determine that the
public health, or public safety demands such actions, any park or recreational
area or portion thereof may be declared closed to the public at any time and
for any interval or time, either temporarily or at regular and stated intervals
(daily or otherwise) and either entirely or merely to certain uses, as these
officials find reasonably necessary.
B.
No person shall enter an area posted as “Closed to the Public” nor shall any
person use or abet the use of any area in violation of posted notices.
III. PROHIBITED ACTS
9.10.050 Miscellaneous prohibited
acts. No person in a park or recreational area shall:
A.
Take into, have brought or have in his possession, exhibit or set off or
otherwise cause to explode or discharge or burn, any firecrackers, torpedoes,
rockets, or other fireworks or explosives or inflammable materials, or
discharge them or throw them into any such area from land or highway adjacent
thereto. This prohibition includes any substance, compound, mixture or article
that in conjunction with any other substance or compound would be dangerous
from any of the foregoing standpoints;
B.
Fire or carry any pellet gun, BB gun, handgun, rifle, slingshot, or weapon of
any kind, unless under the direction of a police officer of the city or
Siskiyou County sheriff, or an approved district representative and shall act
in accordance with state law;
C.
Practice, carry on, conduct, or solicit for any trade,
occupation, or profession, without the written permission of the director;
D.
Use restrooms and washrooms designated for the opposite sex; provided, that
this shall not apply to children under seven years of age accompanied by their
father, mother, guardian or custodian;
E.
Erect, construct, install, or post any structure, wire, pipe or sign of any
kind whatsoever without prior written permission of the director;
F.
No sound amplification system shall be permitted to be used in any park without
the prior approval of the director, who may deny approval if such use will
unduly disturb users of, or neighbors to the park. Permits will be issued only
as a part of a permit being issued under Section 9.10.140 hereof. The permittee shall keep the sound level of such amplification
system at a reasonable level to avoid disturbing other people using the park;
G. Claim exclusive use of, prevent the use by others
of, nor reserve for use, any park area without prior written permission of the
director;
H.
Violate the regulation that use of the individual fireplaces together with
tables and benches, follows generally the rule of “first come, first serve,”
with the exceptions that those units may be served by an authorized permit
signed by the director or his representative;
I.
No person shall take part an or abet the playing of games involving batted,
thrown, or otherwise propelled objects of danger such as golf balls, baseballs,
stones, arrows, javelins, or model airplanes in any park except in areas, if
any exist, posted to permit such forms of recreation, provided, however, that
all balls may be thrown and batted in any area if doing so will not constitute
a danger to other users of the park, nor unreasonably interfere with their
enjoyment of same.
9.10.060 Animals——Prohibited acts.
No person shall:
A.
Leave, drive, entice, conduct, ride or otherwise bring any horse, mule, ass,
cattle, goat, sheep, swine, or other animals or fowl of any kind in any park or
recreation area without written permission from the director;
B.
Permit, allow or suffer any domestic dog to enter upon or remain in any park or
recreational area, unless such dog is confined in a vehicle or fastened to and
restrained by a chain or leash not more than six feet long;
C.
Hunt, chase, shoot, trap, throw missiles at, molest, disturb, snare, catch,
injure or destroy, any animal, bird, or fish in any park or recreational area
unless under the direction of a police officer of the city;
D.
Bring or allow any dog in a park or any portion thereof, where notices have
been posted by the director prohibiting same;
E.
Allow any dog to defecate in any park, unless the person in control of the dog
promptly picks up and removes such feces.
9.10.070 Polluting
water——Prohibited acts. No person in a park or recreational area shall:
A.
Throw, discharge, or otherwise place or cause to be placed in the waters of any
fountain, pond, lake, stream, swimming pool or other body of water any dirt,
filth, substance, matter, or thing, liquid or solid, which will or may result
in the pollution of said waters;
B.
Swim, bathe or wade in water or disrupt any flow of any creek, fountain, pond,
lake, stream, or other body of water, except that wading and swimming shall be
permitted in pools provided for these purposes. No person shall enter any
swimming pool except during hours of operation, or with the express consent of
the director. No person shall enter upon any area of a park which is roped or
fenced off and which is under construction, is being reseeded, or which the
director has excluded from public use for any other reason.
9.10.080 Operation of vehicles and bicycles--Prohibited
acts.
No person in a park or recreational area shall:
A.
Fail to comply with all applicable provisions of the Vehicle Code of the state
of California in regard to equipment and operation of vehicles together with
such regulations as are contained in this chapter and ordinances of the city
regulating traffic;
B.
Fail to obey all police officers and park employees who are herinafter
instructed to direct traffic whenever and wherever needed in accordance with
the provisions of these regulations and such supplementary regulations as may
be issued subsequently by the director;
C.
Fail to observe all traffic signs indicating speed, direction, caution,
stopping, or parking, and all others posted for proper control and to safeguard
life and property;
D.
Ride or drive a vehicle at a rate of speed exceeding ten miles an hour, except
upon such roads as the director may designate, by posted signs, for faster
travel;
E.
Operate a motorized vehicle in an area other than park roads and parking areas,
nor park a vehicle in other than a designated roadway or temporary parking area
without written permission from the director; provided, however, that bicycles
may be ridden in park areas so long as done so in a safe manner, and so as not
to endanger others, or unreasonably interfere with their use of the park.
9.10.090 Glass beverage containers——Prohibited. No person shall possess any
glass beverage container in any municipal park or playground within the city
without the prior written permission of the recreation director.
9.10.100 Disposition of rubbish, trash, garbage, etc. No person in a park or
recreational area shall throw, cast, place, deposit or dump or cause to be
thrown, placed, cast, deposited, or dumped, any ashes, refuse, reptile, glass,
crockery, bones, cans or like matter, empty box, carton, wastepaper, remains of
food, newspaper, filth or rubbish of any kind except to place the same in the
trash cans, bins, or receptacles provided for such matter, Where receptacles
are not provided or are insufficient to accommodate trash and refuse, all such
trash and refuse shall be carried away from the park or recreational area by
the person responsible for its presence, and properly disposed of elsewhere.
IV.
9.10.110
V. MERCHANDISING, ADVERTISING, PEDDLING, VENDING, SOLICITING, POSTING OF SIGNS, ETC., PROHIBITED - EXCEPTION
9.10.120 Merchandising, etc. No person in a park or
recreational area shall:
A.
Bring, or cause to be brought into, for the purpose of sale or barter, or have
for sale, or sell or exchange, or offer for sale or exchange any goods, wares,
or merchandise without first having obtained written permission from the
district board, and a business license from the city to do so. An exception to
this prohibition is made to any regularly licensed or nonprofit organization in
conjunction with community sponsored events acting by permit and under the
authority and regulation of the district board;
B.
Erect or cause to be erected any sign whatever without written approval from
the director.
VI. OVERNIGHT CAMPING
9.10.130 Camping. No person
shall camp, lodge, sleep, or tarry in any park or recreational area without the
written permission of the director.
VII. RECREATION AND PARK PERMITS
9.10.140 Picnics——Permits. A. A permit shall be
obtained from the director to reserve, for exclusive use, any picnic area.
B.
Application. A person, organization or group seeking issuance of a permit
hereunder shall file an application with the director.
C.
Effect of Permit. A permittee shall be bound by all
park rules and regulations and all applicable ordinances fully, as though the
same were issued, in the permits.
D.
Authority of Board. The board shall retain authority to direct or override any
of the actions of the director authorized herein.
9.10.150 Violation of chapter an
infraction——Penalty. Violation of any provision of this chapter is an infraction
punishable by a fine of not more than one hundred dollars for a first
violation, and for a second violation of the same provision within one year by
a fine of not more than two hundred dollars and for each additional violation
of the same provision within one year by a fine of not more than five hundred
dollars.
9.10.160
A.
To engage in any skate or skateboard-related activity inside the park premises
without wearing appropriate helmet, kneepads, and elbow pads at all times;
B. To enter or
remain on skate park premises during periods
of closure, after official sunset, or during other periods of facility
closure as posted by the district, or during periods of inclement weather
conditions that pre-sent unsafe skating conditions;
C. To litter
and/or allow litter or debris on skating surfaces of the park, or within the
park premises;
D. To operate
any bicycle, scooter or motorized vehicle inside the park premises;
E.
To use, possess, consume or sell alcoholic beverages, tobacco, or illegal
drugs within the park premises at any time.
Chapter 9.12
CURFEW
Sections:
9.12.010 Definition.
9.12.020
Violation prohibited.
9.12.030
Permitting curfew violations prohibited.
9.12.010 Definition. “Loiters” as used in this
chapter means to delay or linger without a visible lawful purpose.
9.12.020 Violation prohibited.
Every person under the age of eighteen years who loiters in or about any public
Street or other public place or any place open to the public in the city
between the hours of ten p.m. and the time of sunrise of the following day,
when not accompanied by his parent or guardian, or other adult person having
the legal care, custody or control of such person, is guilty of an infraction.
9.12.030 Permitting curfew
violations prohibited. No parent or guardian, or other adult person having
legal care, custody or control of any person under the age of eighteen years
shall allow or permit such minor to violate the provisions of Section 9.12.020.
A violation of this section shall constitute an infraction.
Chapter 9.16
ALCOHOLIC BEVERAGES IN PUBLIC
Sections:
9.16.010
Drinking prohibited.
9.16.020
Violation——Penalty.
9.16.030 Open alcoholic beverage container.
9.16.040 Exemption.
9.16.010 Drinking prohibited.
No person shall drink within the city limits any alcoholic beverage as defined
in Section 23004 of the California Business and Professions Code, in or upon:
A.
Any street, alley, sidewalk, parkway or any other public right—of-way; or
B.
Private property which is open to public view without the consent of the owner
or control of said property.
9.16.020 Violation——Penalty.
Any person violating the provisions of this chapter is deemed guilty of an
infraction.
9.16.030 Open alcoholic beverage container. No person shall have in his
or her possession any open beverage container, including a container where the
seal has been broken, containing any alcoholic beverage as defined in Section
23004 of the California Business and Professions Code, in any public place not
licensed for the consumption of any alcoholic beverage, while such person is in
or upon:
A.
Any street, alley, sidewalk, parkway or any other public right—of-way;
B.
Private property, which is open to public view, without the consent of the
owner or person in lawful possession or control of said property.
9.16.040 Exemption. The city council may, for
special events, exempt any portion of this chapter as it deems necessary as
long as there is council approval prior to the event.
Chapter 9.18
NOISE CONTROL
Sections:
9.18.010 Declaration of policy.
9.18.020 Definitions.
9.18.030 Noise measurement procedure.
9.18.040
Exterior noise limits.
9.13.050
Interior noise limits.
9.18.060
Prohibited acts.
9.13.070
Motor vehicle noise limits.
9.18.080 Exemptions.
9.18.090 Penalty for violation.
9.18.100 Tables.
9.13.010 Declaration of policy. In order to control
unnecessary, excessive and annoying noise in the city it is declared to be the
policy of the city to prohibit such noise generated from or by all sources as
specified in this chapter. It shall be the policy of the city to maintain quiet
in those area which exhibit low noise levels and to implement programs aimed at
reducing noise in those areas within the city where noise levels are above
acceptable values.
It is determined that certain noise levels are detrimental to public interest. Therefore, the city does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by or not in conformity with the provisions of this chapter, is a public nuisance.
9.18.020 Definitions. For the purposes of this
chapter, the following definitions will apply:
“Ambient
noise level” means the composite of noise from all sources near and far. In
this context, the ambient noise level constitutes the normal or existing level
of environmental noise at a given location.
“A—weight
sound level” means the sound level in decibels as measured on a sound level
meter using the A-weight network. The level so read is designated bd(a) or dBA.
Commercial Area. As defined in the community
(comprehensive plan) zoning ordinance.
“Construction”
means any site preparation, assembly, erection, substantial repair, alteration,
or similar action, for or of public or private rights-of-way, structures,
utilities, or similar property.
“Decibel”
means a unit for measuring the amplitude of a sound, equal to twenty times the
logarithm to the base ten of the ratio of the pressure of the sound measured to
the reference pressure, which is twenty micropascals.
“Demolition”
means any dismantling, intentional destruction, or removal of structures,
utilities, public or private right-of-way surfaces, or similar property.
“Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
“Fixed noise source” means a stationary device which creates sounds while fixed or motionless, including but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment.
“Impulsive
sound” means sound of short duration, usually less than one second, with an
abrupt onset and rapid decay. Examples of sources of impulsive sound include
explosions, drop forge impacts, and the discharge of firearms.
Industrial Area. As defined in the community
(comprehensive plan) zoning ordinance.
“Intrusive
noised” means that noise which intrudes over and above existing ambient noise
at a given location. The relative intrusiveness of a sound depends upon its
amplitude, duration, frequency, and time of occurrence, and tonal or
informational content as well as the prevailing ambient noise level.
“Licensed”
means the possession of a formal license or a permit issued by the appropriate
jurisdictional authority; or, where no permits or licenses are issued, the
sanctioning of the activity by the jurisdiction as noted in public record.
“Mobile
noise source” means any noise source other than a fixed noise source.
Motor Vehicle. “Motor vehicle” includes any and all as
defined in the California Motor Vehicle Code, including all on-highway type
motor vehicles subject to registration under said Code, and all off-highway
type motor vehicles subject to identification under said Code.
“Muffler
or sound dissipative device” means a device consisting of a series of chambers
or baffle plates, or other mechanical design, for the purpose of receiving
exhaust gas from an internal combustion engine, and effective in reducing
noise.
“Noise
disturbance” means any sound which, as judged by the chief of police or his
designated representative, violates the limits set forth in this chapter.
Compliance with this chapter shall constitute elimination of a noise
disturbance.
“Noise
zone” means any defined areas or regions of land use as shown in the Noise
Element in the General Plan for the city.
“Person”
means any individual, association, partnership, or corporation, and includes any
officer, employee, department, agency, or instrumentality of a state or any
political subdivision of a state.
“Powered
model vehicle” means any self-propelled airborne, waterborne or landborne plane, vessel, or vehicle, which is not designed
to carry persons, including but not limited to, any model airplane, boat, car,
or rocket.
“Public
right-of-way” means any real property or structures thereon which are owned or
controlled by a governmental entity, and over or through which the public may
drive or ride a bicycle.
“Pure
tone” means any sound which can be judged as audible as a single pitch or a set
of single pitches by the chief of police or his designated representative. In
case of dispute, a pure tone shall exist if the one-third octave band sound pressure
level in the band with the tone exceeds the arithmetic average of the sound
pressure levels of the city contiguous one-third octave bands by five dBA for center frequencies of 500 Hz and above and by eight
dBA for center frequencies between 160 and 400 Hz and
by 15 dBA for center frequencies less than or equal
to 125 Hz.
“Real
property boundary” means an imaginary line along the ground surface, and its
vertical extension, which separates the real property owned by one person from
that owned by another person, but not including intra—building real property
divisions.
Residential Area. As defined in the community (comprehensive plan) zoning ordinance.
“Sound
amplifying equipment” means any device for the amplification of the human
voice, music, or any sound, excluding standard.
“Sound
level meter” means an instrument, including a microphone, an amplifier, an
output meter, and frequency weighting networks for the measurement of sound
levels, which meets or exceeds the requirements pertinent for type S2A meter in
ANSI specifications for sound level meters, S1.4-1971, or most recent revision
thereof.
“Sound
truck” means any motor vehicle, or any other vehicle, regardless of motive
power, whether in motion or stationary, having mounted thereon, or attached thereto,
any sound amplifying equipment.
“Weekday”
means any day, Monday through Friday, which is not a legal holiday.
9.18.030 Noise measurement procedure. Upon receipt of a complaint
from a citizen, the chief of police or his designated representative, equipped
with sound level measurement equipment satisfying the requirements defined in
Section 9.18.020 shall investigate the complaint. The investigation shall
consist of a measurement and the gathering of data to define adequately the
noise problem and shall include the following:
A.
Nonacoustic Data.
1. Type of noise source,
2. Location of noise relative to complainants property,
3. Time period during which noise source is
considered by complainant to be intrusive,
4. Total duration of noise produced by noise
source,
5 Date and time of noise measurement survey;
B.
Noise Measurement Procedure. Utilizing the “A” weighting scale of the Sound
level meter and the “slow” meter response (fast for impulsive type sounds), the
noise level shall be measured at a position or positions at any point on the
emitter’s property line.
In
general the microphone shall be located four to five feet above the ground, ten
feet or more from the nearest reflective surface, where possible; however, in
those cases where another elevation is deemed appropriate, the latter shall be
utilized. Calibration of the measurement equipment, utilizing an acoustic
calibrator, shall be performed immediately prior to recording any noise data.
9.18.040 Exterior noise limits.
A. Maximum Permissible Sound Levels by
1. The noise standards for the various zones
as presented in Table I set forth in Section 9.18.100, shall, unless otherwise
specifically indicated, apply to all property within a designated zone.
2. No person shall operate or cause to be
operated, any source of sound at any location within the incorporated limits,
or allow the creation of any noise on property owned, leased, occupied, or
otherwise controlled by such person, which causes the noise level when measured
at his/her property line to exceed the limits in Table I set forth in Section
9.18.100 for more than seven and one-half minutes in a fifteen minute period.
3. If the ambient level differs from the
permissible, the allowable noise exposure standard shall be adjusted in the
five dBA increments in each category as appropriate
to encompass or reflect said ambient noise level.
4. If the measurement location is on a
boundary between two different zones, the noise limit applicable to the lower
zone shall apply.
B.
Correction for Character of Sound. In the event the alleged offensive noise, as
judged by the chief of police or his representative, contains a steady audible
tone such as a whine, screech, or hum; or is a repetitive noise such as
hammering or riveting, or contains music or speech, the standard limits set
forth in Table I set forth in Section 9.18.100 shall be reduced by five dBA.
9.18.050 Interior noise limits.
Maximum Permissible Dwelling Interior Sound Levels.
A. The interior noise standards for multifamily dwellings as presented in Table II set forth in Section 9.18.100 shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration.
B.
No person shall operate or cause to be operated within a dwelling unit, any
source of sound or allow the creation of any noise which causes the noise level
when measured inside a neighboring receiving dwelling unit to exceed
1. The noise standard specified in Table II
set forth in Section 9.18.100 for a cumulative period of more than five minutes
in any hour; or
2. The noise standard plus five dBA for a cumulative period of more than one minute in any
hour; or
3. The noise standard plus ten dBA of the maximum measured ambient, for any period of
time.
C.
If the measured ambient level differs from that permissible within any of the
noise limit categories, the allowable noise exposure standard shall be adjusted
in the five dBA increments in each category as
appropriate to reflect said ambient noise levels.
D.
Correction for Character of Sound. In the event the alleged offensive noise, as
judged by the chief of police or his representative, contains a steady, audible
tone such as a whine, screech, or hum, or is a repetitive noise such as
hammering or riveting, or contains music or speech conveying informational
content, the standard limit set forth in Table II Section 9.18.100 shall be
reduced by five dBA.
9.18.060 Prohibited acts. A.
Noise Disturbances Prohibited. No person shall unnecessarily make, continue, or
cause to be made or continued, any noise disturbance.
B.
Specific Prohibitions. The following acts, and causing or permitting thereof,
are declared to be in violation of the chapter:
1. Radios, television, musical instruments,
and similar devices: operating, playing or permitting the operation of any
radio, television, phonograph, drum, musical instrument, or similar device
which produces or reproduces sound between ten p.m. and seven a.m. in such a
manner as to create a noise disturbance across a residential or commercial real
property line or at any time violates the provision of Section 9.18.040 and
9.18.050, of this chapter except of those activities permitted by the city.
2. Loudspeakers (Amplified Sound). Using or
operating for any purpose any loudspeaker, loudspeaker system, or similar
device between the hours of ten p.m. and seven a.m. in such a manner as to
create a noise disturbance across a residential real property line, or at any
time violates the provision of Section 9.18.040 and 9.18.050 of this chapter
except for any noncommercial public speaking, public assembly, or other
activity permitted by the city.
3. Animals and Birds. No person shall own, as
described in the provisions of Section 6.04.040 of this code, any animal which
frequently or for long durations makes sounds which create a noise disturbance
across a residential or commercial real property line or within a noise
sensitive zone.
4. Motorized recreation vehicles operating
off public right-of-way. No person shall operate or cause to be operated any
motorized recreational vehicle off a public right-of-way in such a manner that
the sound levels emitted therefrom violate the
provisions of Section 9.18.040. This section shall apply to all motorized
recreational vehicles, whether or not duly licensed and registered, including
but not limited to, commercial or noncommercial racing vehicles, motorcycles,
go-carts, campers, and dune buggies.
9.18.070 Motor vehicle noise limits.
A. Motor vehicle noise limits on a public right-of-way are regulated by the
California Vehicle Code, Section 23130 and 23130.5. Equipment violations which
create noise problems are covered under Section 27150 and 27151. Therefore, it
shall be the policy of this city to enforce these sections of the California
Vehicle Code.
B.
Standing Motor Vehicles. No person shall operate or permit the operation of any
motor vehicle with a gross weight rating (GVWR) in excess of ten thousand
pounds, or any auxiliary equipment attached to such a vehicle, for a period
longer than fifteen minutes in any hour while the vehicle is stationary, for
reasons other than traffic congestion, on a public right-of-way or public space
within one thousand five hundred feet of a residential area or designated noise
sensitive zone, between the hours of ten p.m. and seven a.m.
9.18.080 Exemption. A. Emergency. The
provisions of this chapter shall not apply to: (1) the emission of sound for
the purpose of alerting persons to the existence of an emergency; or (2) the
omission of sound in the performance of emergency work;
B.
Warning Devices. Warning devices necessary for the protection of public safety,
as for example, police, fire, and ambulance sirens, burglar alarm (in proper
working order and shut off promptly), and auto alarms (with automatic shut-off
features), etc.;
C.
Outdoor Activities. The provisions of this chapter shall not apply to
occasional outdoor gatherings, public dances, shows and entertainment events,
provided such events are conducted pursuant to the permission of the city.
Applicants
shall file their applications with the chief of police. If the requested
exemption is within the jurisdiction of the Weed Recreation and Park District,
it shall first be filed with its director, and upon written approval by the
director, or board of the district, it may be filed with the chief of police.
The chief shall consider public health and safety, but shall not unreasonably
withhold permission.
The
decision of the chief of police may be appealed to the city administrator by
written notice of appeal filed within seven days of the chief’s decision. The
city administrator shall consider all evidence, written or oral, presented by
the applicant, and shall rule on the appeal within ten days of its filing. The
chief of police shall prepare application forms and have them available to the
public;
D.
Temporary use of domestic power tools, construction and demolition equipment;
E.
Federal or state preempted activities.
9.18.090 Penalty for violation. A. Prima
Facie Violation. Any noise exceeding the noise level limits specified in
these provisions shall be deemed prima facie evidence of a violation of this
chapter.
B.
Violation--Infractions. Any person violating any of the provisions of this
chapter shall be deemed guilty of an infraction and, upon conviction thereof,
shall be fined in an amount not to exceed the maximums established in
Government Code Section 36900(b), which currently is one hundred dollars for a
first offense, two hundred dollars for a second conviction within one year, and
five hundred dollars for each additional conviction of the same
ordinance within one year. Each hour that a violation is repeated or is
permitted to continue shall constitute a separate offense and shall be
punishable as such.
9.18.100 Tables.
I. EXTERIOR NOISE LIMITS
Noise Level
Receiving Time dBA
Land Zone Period 15 Min. MED MAX
A. Residential 10 p.m. -- 7 a.m. 40 55
7 a.m. -- 10 p.m. 50 65
B. Multiple
dwelling, 10 p.m. -- 7 a.m. 45
60
residential public
space 7 a.m. -- 10 p.m. 50 75
C. Limited commercial, 10 p.m. -- 7 a.m. 55 70
multiple
dwelling 7 a.m. -- 10 p.m. 60 75
D. Commercial
10 p.m. -- 7 a.m. 55 70
7 a.m. -- 10 p.m. 60 75
E. Industrial Anytime 75 90
II. INTERIOR NOISE LIMITS
Noise
Zone Land Use Type Time Period Noise Level dBA
All
Multi — family 10 p.m. -- 7 a.m. 35
Residential 7 a.m.
-- 10 p.m. 45
Chapter 9.20
Sections:
9.20.010 Area where loitering prohibited.
9.20.020
Loitering.
9.20.030
Unlawful acts.
9.20.040 Infraction--Penalty.
9.20.010 Area where loiterinci
prohibited.
The area within which this chapter may be enforced is the public streets,
sidewalks, parks, parking lots, alleys, and walkways with geographic limits as
listed below: Both sides of
9.20.020 Loitering. It is
unlawful for any person to loiter within the areas defined in Section 9.20.010
for the purpose of engaging in any unlawful act as set forth in Section
9.20.030.
9.20.030 Unlawful acts. The
unlawful acts referred to in Section 9.20.020 are as follows: A. Weed Municipal
Code Chapter 9.16 (Alcoholic beverages in public);
B.
Penal Code Section 272 (contributing to the delinquency of a minor);
C.
Penal Code Section 303(a). (Begging or soliciting customer to purchase
alcoholic beverage)
D.
Penal Code Section 308(a) (Furnishing tobacco or smoking paraphernalia to
minor)
E. Penal Code Section 308(b) (Person under 18 purchasing or receiving tobacco, etc.);
F.
Penal Code Section 415 (Disturbing the peace)
G.
Health and Safety Code Chapter 6 (Uniform Controlled Substances Act, Offenses
and Penalties);
H.
Penal Code Section 594 (Vandalism);
J.
Penal Code Section 622 (Injuring or disfiguring monument, shade tree, etc.)
9.20.040 Tnfraction-—Penaltv. Any person convicted of violating this chapter
shall be guilty of an infraction. The punishment upon a conviction shall be a
fine as set forth in California Government Code Section 36900(b). This amount
is currently not exceeding one hundred dollars for a first violation, not
exceeding two hundred dollars for a second violation of the same ordinance
within one year, and not exceeding five hundred dollars for each additional
violation of the same ordinance within one year. Cord.
Chanter 9.22
GRAFFITI
Sections:
9.22.010 Purpose.
9.22.020 Definitions.
9.22.030
Graffiti declared a public nuisance.
9.22.040
Graffiti prohibited.
9.22.050
Assisting in or encouraging violations.
9.22.060 Punishment provisions.
9.22.070 Removal of graffiti.
9.22.080 Summary abatement.
9.22.090 Reward.
9.22.100
Use of transient occupancy tax funds for removal.
9.22.010 Purpose. The purpose of this legislation
is to provide for the removal of graffiti from public and private property
within the city and to establish regulations designed to prevent and control
the spread of graffiti.
The
city council finds and determines that the increase of graffiti on both public
and private buildings, structures and other places,
creates a condition of blight within the city which can result in the
deterioration of property values, business opportunities and enjoyment of life
for persons using adjacent and surrounding properties. The council further
finds and determines that graffiti is inconsistent with the city’s property
maintenance goals, crime prevention programs, and aesthetic standards, and
unless graffiti is quickly removed, public and private properties soon become
targets of graffiti.
9.22.020 Definitions. For the purpose of this
chapter, the words set out in this section shall have the following meanings:
“Graffiti” means any inscription, word, figure, or design that is marked, etched, scratched, drawn, sprayed, painted, pasted, or otherwise affixed to, or sprayed on any surface to the extent that the same was unauthorized by the owner thereof.
“Graffiti
implement” means a pressurized container, ink marker or paint stick.
“Ink
marker” means any broad-tipped marker pen with a tip of one quarter inch or greater
in width.
“Paint
stick” means any device containing a solid form of paint, chalk, wax, or other
similar substance capable of being applied to a surface and upon application,
leaving a mark upon property of at least one quarter inch or greater in width.
“Pressurized
container” means any can, bottle, spray device or other mechanism designed to
propel liquid which contains ink, paint, dye or other similar substance which
is expelled under pressure, either through the use of aerosol devices, pumps or
similar propulsion devices.
“Property”
means real or personal property, whether publicly or privately owned, within
the city.
9.22.030 Graffiti declared a
public nuisance. The city council declares that graffiti is a public
nuisance and is subject to punishment and abatement as prescribed by this code.
9.22.040 Graffiti prohibited.
A. It is unlawful for any person to apply graffiti upon any property within the
city.
B.
It is unlawful for any person owning or otherwise being in control of property
within the city to maintain, or allow any graffiti to remain on such property
when the graffiti is visible from the street or other public property.
9.22.050 Assisting
in or encouraging violations. It is unlawful for any person to assist, aid,
abet or encourage another to violate the provisions of this chapter by words or
overt act.
9.22.060 Punishment provisions. A. Each violation of this
chapter shall be punishable by (1) a fine of one hundred twenty-five dollars
for a first violation; (2) a fine of two hundred fifty dollars for a
second violation within one year; or (3) a fine of five hundred dollars for
each additional violation within one year.
B.
Where there has been a conviction, sustained allegation, guilty or nolo contendere plea to a
violation of this chapter, the court shall, in addition to any fine imposed
pursuant to this chapter and at the city council’s option, order the defendant
to complete community service, including graffiti removal service, of not less
than six hours for the first conviction, and not less than forty-eight hours
for a second and/or subsequent convictions. A defendant shall be ordered to
complete community service during a time other than during his or her hours of
employment or school attendance.
C. Where there has been a conviction, sustained allegation, or guilty or nolo contendere plea of a violation of this chapter, the court shall, in addition to any punishment imposed pursuant to this chapter, and at the victim’s option, order the defendant to perform the necessary labor to clean, repair or replace the property damaged by that defendant.
D.
Where there has been a conviction, sustained allegation, or guilty or nolo contendere plea of a violation
of this chapter, the court shall, in addition to any punishment imposed
pursuant to this chapter, and at the victim’s option, and as restitution, order
the defendant to pay for any related costs incurred for the cleanup, repair or
replacement of the property damaged by that defendant.
F.
If a minor is unable to pay any fine or restitution levied for a violation of
any provision of this chapter, the parent or legal guardian of the minor shall
be liable for payment of the fine and/or restitution.
9.22.070 Removal of graffiti. A. Graffiti on Public
Property. Where graffiti exists on property owned by a public agency other than
the city, graffiti may be removed by the city with the consent of the public
agency owning the property, and the city may proceed with any enforcement
action authorized by law against the person responsible for the graffiti. Any
fines or penalties collected as a result of the arrest and conviction of any
person for a violation of this chapter shall be credited to the city as reimbursement
for its abatement of graffiti.
B.
Graffiti on Private Property.
1. Graffiti on private property shall be
removed from private property within ten calendar days after notification to
the property owner, by the city, to remove such graffiti.
2. In the event a property owner fails to
remove the graffiti after notice has been given, the city may, at its option,
abate the graffiti as a nuisance. The cost of said abatement may be placed as a
lien or assessment against the property.
9.22.080 Summary abatement. The city shall have the
right but not the duty to obscure or remove, at its sole expense, any graffiti
upon the exterior of walls or fences upon the perimeters of private property
within the city. The city council shall direct such abatement when they find
that the graffiti is plainly visible to the public and is detrimental to the
health or welfare of the city residents; and, in the case of publicly owned
property, after securing an appropriate release from the public agency having
jurisdiction over said property. In the case of privately owned property, the
city shall attempt to provide three days’ notice of the planned abatement
activities, but failure to so notice, or nonreceipt
of said notice, shall not invalidate the city’s powers hereunder. The
provisions of this section authorize the removal of graffiti only from the
exterior of walls or fences upon the perimeter of private property. The scope
of removal is limited to such areas as are determined appropriate by the city
and not the repair or masking of a more extensive area.
9.22.090 Reward. The city offers a reward of one hundred
dollars or such other sun as council may direct for information leading to the
arrest and conviction of any person violating this chapter.
9.22.100 Use of transient
occupancy tax funds for removal. The city may, at its option, use transient
occupancy tax funds received by the city to defray the cost of materials and/or
labor reasonably required to abate graffiti on public or private property. In
the event a private property owner removes graffiti from his/her property, the
city may, at its option, use transient occupancy tax funds to reimburse
said property owner for the reasonable cost of material used in the removal.
Chapter 9.24
CIGARETTE VENDING MACHINES
Sections:
9.24.010 Definitions.
9.24.050 prohibition of cigarette vending machines
except in places to which minors have no access.
9.24.100 Disclaimers.
9.24.150 Penalties and enforcement.
9.24.010 Definitions. Unless the term is otherwise
defined, the following definitions shall govern the interpretation of this
chapter:
A. “Cigarette vending machine” means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper bill or other thing representative of value, which dispenses or releases a tobacco product and/or tobacco accessories.
B.
“Tobacco product” means any substance containing tobacco leaf, including but
not limited to cigarettes, cigars, pipe, tobacco, snuff, chewing tobacco and
dipping tobacco.
C.
“Tobacco accessories” means cigarette papers or wrappers, pipes, holders of
smoking materials of all types, cigarette rolling machines, and any
other item designed primarily for the smoking or ingestion of tobacco products.
D.
“Six month owner” means a person who purchased a cigarette vending machine
fewer than six months prior to the effective date of the ordinance codified in
this chapter for the purpose of using the vending machine to sell or distribute
tobacco products exclusively within the city and who on the effective date of
the ordinance codified in this chapter was using the vending machine in an area
accessible to minors and who has not, or will not have, recovered his, her or
its investment therein by the date on which discontinuance of use is required
pursuant to this chapter.
9.24.050 Prohibition of cigarette vending machines except
in places to which minors have no access. A. No person shall locate,
install, keep, maintain or use, or permit the location, installation, keeping
or maintenance or use on his, her or its premises of any vending machine used
or intended to be used for the purpose of selling or distributing any tobacco
products or tobacco accessories therefrom unless:
1. Access to the premises by persons under eighteen years of age is prohibited by law; or
2. The cigarette vending machine is within
ten feet of an attended cashier or check stand and in clear view of such
attendant without any intervening physical or visual obstruction.
B.
Any cigarette vending machine in use on the effective date of the ordinance codifed in this chapter on premises to which minors have
access shall be removed within ninety days after the effective date of the
ordinance codified in this chapter.
C.
A six month owner may apply to the building inspector for a use extension based
on financial hardship. A use extension shall be granted to a six month owner if
the building inspector or his designee makes all of the following findings:
1. That the vending machine was intended for
use only within the city and had been in use in an area accessible to minors on
the effective date of the ordinance codified in this chapter;
2. That the vending machine owner had owned
the machine for less than six months prior to the effective date of the
ordinance codified in this chapter;
3. That the vending machine owner has not, or
will not have recovered his, her or its investment therein before the date of
required discontinuance;
4. That the vending machine owner has no
practical way to recover the investment in the machine other than its continued
use within the city on premises accessible to minors;
5.
That the investment not yet recovered exceeds ten percent of the actual cost of
the machine;
6.
That the vending machine will be placed in a location on the premises easily
viewed and supervised by the owner or a responsible employee;
7.
The length of the use extension shall not exceed that additional time period necessary
to allow recovery of the owner’s investment; provided, however, that no use
extension shall be granted which allows the total time during which the machine
will be in use within the city in an area accessible to minors to exceed one
year from the date of the installation of the machine. The cigarette vending
machine owner shall bear the burden of proof on each issue. The decision of the
building inspector, or his designee, shall be final. The power of the building
inspector to grant a use extension shall expire six months after the effective
date of the ordinance codified in this chapter.
9.24.100 Disclaimers. By prohibiting cigarette
vending machines except in places to which minors have no access, the city is
assuming and undertaking only to promote the general welfare. It is not
assuming, nor is it imposing on its officers and employees, an obligation for
breach of which it is liable in money damages to any person who claims that
such breach proximately caused injury.
9.24.150 Penalties and enforcement. The building inspector
shall enforce Section 9.24.050 of this chapter against violations by any of the
following actions:
A.
Receiving complaints relating to violations of this chapter;
B.
Acting upon complaints relating to violations of this chapter by serving notice
requiring the correction of any violation of this chapter;
C.
Any person who violates or refuses to comply with the provisions of this
chapter shall be guilty of an infraction, and shall be deemed guilty of a
separate offense for every day such violation or refusal shall continue. Every
violation is punishable by (1) a fine of at least twenty-five dollars but not
exceeding one hundred dollars for the first violation, (2) a fine of at least
one hundred dollars but not exceeding two hundred dollars for a second
violation within one year, (3) a fine of at least two hundred dollars but not
exceeding five hundred dollars for each additional violation within one year.
Chapter 9.26
UNCLAIMED PROPERTY
Sections:
9.26.010 Intent and purpose.
9.26.020 Definitions.
9.26.030 Procedures.
9.26.010 Intent and purpose. It is the intention of the
city council to provide that any bicycles or toys, or both, in the possession
of the police department which has been unclaimed for a period of at least sixty
days may, instead of being sold at public auction to the highest bidder
pursuant to the provisions of Section 2080.5 of the Civil Code, be turned over
to the probation department, welfare department, or to any charitable nonprofit
organization which is authorized under its articles of incorporation to
participate in programs or activities designed to prevent juvenile delinquency.
9.26.020 Definitions. For the purpose of this
chapter, the following definitions apply:
“Bicycles
or toys” means any bicycle or toy or parts thereof.
“Charitable
nonprofit organization” means an organization which, under its article of
incorporation, designates it as eligible to participate.
“Probation
department” means the
“Welfare
department” means the
9.26.030 Procedures. Once property as described
herein has been identified as unclaimed in compliance with Penal Code Section
1411, Disposition of Property, and the chief of police determines that the
release of the item(s) better serves in the prevention of juvenile delinquency,
the police department is authorized to release the item(s) to either the
probation department, the human services department, or any charitable
nonprofit organization for disposal.
Chapter 9.28
SKATEBOARDS, ROLLER BLADES, BICYCLES, SCOOTERS, AND OTHER SIMILAR VEHICLES ON PUBLIC OR PRIVATE REAL PROPERTY
Sections:
9.28.010 Purpose.
9.28.020 Definitions.
9.28.030
Posted “No skating, bicycle or scooter riding” on public or private property.
9.28.040
Other notice by public or private property owner.
9.28.050
Riding of skateboards, roller blades, bicycles, scooters, or other similar
vehicles prohibited; penalties.
9.28.010 Purpose. The purposes of this
chapter is to allow private and public property owners to prohibit the riding
of skateboards, roller blades, bicycles, scooters, or other similar vehicles on
public or private real property where such a prohibition is posted, or other
adequate notice is given.
9.28.020 Definitions. A. “Public property” means
real property within the city that is owned, leased, or controlled by a public
agency, including but not limited to property of the state, county, city, park
and recreation district, and high and elementary school districts.
B.
“Private property” means real property within the city that is not public
property.
C.
“Skateboard, roller blades, bicycles, scooters, or other similar vehicles” mean
a personal conveyance device consisting of a wheeled platform, wheeled footwear,
wheeled frame, wheeled wagon, or other similar vehicles on which a person
typically rides by being propelled by the rider him/herself.
D.
“Private property owner” means a person who is the owner, lessee, or person
otherwise in control of private person.
E.
“Person” means an individual or business entity.
9.28.030 Posted “No skating,
bicycle or scooter riding” on public or private property. A. Any public or
private property owner, or an authorized representative of the same, may post
in a conspicuous place a sign on or near public or private property under the
control of such owner, that prohibits the riding of
vehicles subject to this ordinance on that public or private property, in any
words that reasonably convey such prohibition.
B. The governing body of any public property owner may, by resolution or other formal action, designate the places where riding vehicles subject to this ordinance shall be prohibited on the agency’s property.
9.28.040 Other
notice by public or private property owner. A. Any public or private
property owner, or an authorized representative or same, may, in addition to
posting notice, or as an alternative to posted notice, give personal verbal or
written notice to any person observed riding vehicles subject to this ordinance,
that such riding is prohibited on specific public or private property.
9.28.050 Riding of skateboards,
roller blades, bicycles, scooters, or other similar vehicles prohibited;
penalties. A. Any person who rides any vehicle subject to this ordinance on
any public property or private property on which a notice is posted pursuant to
9.28.030, or after having been given personal notice that the riding of such
vehicles is prohibited pursuant to 9.28.040, shall be guilty of an infraction,
to be punished as provided by law. To the extent permissible by law, such
penalties may include restitution to the owner of any property that has been
damaged by such skateboard riding.
B.
Any person who commits a third violation of this section within a one—year
period following his or her initial violation, shall be charged with either a
misdemeanor or an infraction, in the discretion of the city attorney or other
prosecuting attorney. If convicted or a misdemeanor, the person shall be
punished by confinement in the county jail for a period not to exceed ten days
and a fine not exceed one thousand dollars, and if found guilty of an
infraction shall be punished as provided by subpart A, hereinabove, and in any
event shall be required to make restitution to the owner of any property which
has been damaged by such prohibitive vehicle use.
Chapter 9.32
SEXUAL OFFENDERS' PROXIMITY TO CHILDREN'S FACILITIES
Sections:
9.32.010
Purpose.
9.32.020
Definitions.
9.32.030
Prohibition.
9.32.040
Exceptions.
9.32.050
Violation.
9.32.010 Purpose. Sex offenders pose a clear
threat to the children residing or visiting in the community. Currently,
thirty-eight sex offenders reside in the city of
The purpose of
this chapter is to reduce the potential
risk of harm to children of the community by limiting the opportunity
for sex offenders to be in contact with unsuspecting children in locations that
are primarily designed for use by, or are primarily used by children, namely,
the grounds of public or private schools for children, centers or facilities
that provide day care or children's services, video arcades, public and
private playgrounds and play facilities, parks, youth sports facilities, skateparks and public swimming pools. Currently, state law
does not address the areas that sex offenders can frequent.
Instead, state law only regulates where sex offenders can reside in relation to a
limited number of specified areas. This chapter is not intended to conflict
with existing state law but to add location restrictions to sex offenders
where state law is silent.
For
these reasons, the city council finds that a public emergency exists that
affects the life, health and public welfare
of residents in, and visitors to, the city.
9.32.020 Definitions. For the purpose of this
chap-ter, the following words and phrases shall have
the meanings respectively ascribed to them by this section:
A. "Children"
means those persons who are under the age of eighteen.
B. "Sex offender"
means a person who has been required to register with a governmental entity as
a sex of-fender under California Penal Code Section 290.
9.32.030 Prohibition. A. A sex offender is prohibited
from being on or within three hundred feet of the grounds of public or private schools for children, centers or
facilities that provide day care or children's services, video arcades, public
and private playgrounds and play facilities, parks, youth sports facilities, skateparks, public swimming pools and bus stops in the immediate
vicinity of parks and schools. For purposes of this section, distances shall be
measured from the edge of the parcel or contiguous parcels where the identified
use is located.
B. This prohibition does not
apply to a sex offender's place of residence when regulated by state law. This
prohibition does not apply to single trips while traveling past a location specified in this chapter while in
route to another destination.
9.32.040 Exceptions. A. This chapter does not apply to registrants while in the company of their
children.
B.
This chapter does not apply to registrants who are attending religious services, or going to government
buildings to take care of official business.
9.32.050 Violation. Any person violating this
chapter is guilty of a misdemeanor punishable by a fine up to one thousand
dollars or by imprisonment for up to one year, or both. A person is guilty of a
separate offense for each and every day during which a violation occurs.