Chapter 8.20
DISORDERLY CONDUCT1

Sections:

8.20.010    Obstruction of public rights-of-way.

8.20.020    Obstruction of entrances and exits.

8.20.030    Placement of objects of obstruction.

8.20.040    Interference with public officers prohibited.

8.20.050    Rules of order.

8.20.060    Consumption of alcoholic beverages.

8.20.070    Use of public restrooms.

8.20.080    Public indecency.

8.20.010 Obstruction of public rights-of-way.

It is unlawful for any person to intentionally stand, sit or lie in or upon any street, sidewalk or crosswalk so as to prevent the free passage of persons or vehicles passing over, along or across the same. [Ord. 2010-126 § 1 (Exh. A)].

8.20.020 Obstruction of entrances and exits.

It is unlawful for any person to intentionally stand, sit or lie in, on or at any driveway, entrance or exit of any church, hall, school, theater, place of public assembly, store, business, plant, industry, private residence or private property so as to prevent the free passage of persons or vehicles to or from the same. [Ord. 2010-126 § 1 (Exh. A)].

8.20.030 Placement of objects of obstruction.

It is unlawful for any person to intentionally place or maintain anything or to assist in placing or maintaining anything in, on or at any driveway, entrance or exit of any church, hall, school, theater, place of public assembly, store, business, plant, industry, private residence or private property so as to prevent the free passage of persons or vehicles to or from the same. [Ord. 2010-126 § 1 (Exh. A)].

8.20.040 Interference with public officers prohibited.

A. It is unlawful for any person to knowingly interfere with, disrupt, or obstruct a public officer or other person who is performing authorized work, maintenance, or a public service on:

1. Public property; or

2. Private property adjacent to the public right-of-way.

B. Definitions. The following definitions apply to the use of these terms for purposes of this section:

“Interfere with,” “disrupt,” or “obstruct” includes, but is not limited to, refusing to move from an area of property that is to be cleaned; spitting at persons; attempting to eavesdrop on confidential conversations between public service providers and clients; acting in any manner which would cause a reasonable public officer to fear for his or her own safety. Factors to be weighed in determining whether the behavior would cause a reasonable person to fear for his or her own safety shall include, but shall not be limited to, the making of threatening gestures by the aggressor; the proximity of the aggressor to the public officer; and whether the aggressor made physical contact with the person.

“Public officer” means all employees or agents of any public entity. Peace officers are not included in this definition.

“Public right-of-way” means all streets, sidewalks, pathways and alleys dedicated to and accepted by the city, as well as all other property acquired for purposes of public use under California Civil Code Section 1009 or any property impliedly dedicated or licensed for such use.

“Public service” includes, but is not limited to, refuse collection; street cleaning; sidewalk cleaning; graffiti abatement; sign repair; building maintenance or repair; and regulatory licensing inspections and enforcement. [Ord. 2010-126 § 1 (Exh. A)].

Cross-references: definitions generally, AVMC 1.02.010; animal control officers, AVMC 6.02.050; city veterinarian, AVMC 6.04.430; noise control officers, AVMC 8.12.090; traffic, police and fire department officers, AVMC 9.02.070; parks employees and volunteers, AVMC 11.10.150.

8.20.050 Rules of order.

It is unlawful for any person to fail or refuse to comply with any reasonable rule or order of the city council governing the conduct of its meetings, or any reasonable order of the mayor, or other person acting as the mayor during an official meeting, whether the city council is holding a regular or special meeting as the governing body of the city. [Ord. 2010-126 § 1 (Exh. A)].

Cross-references: improper conduct at meeting, AVMC 2.04.090; rules of order, AVMC 2.04.100.

8.20.060 Consumption of alcoholic beverages.

A. Except as otherwise provided by state law or local ordinance, it is unlawful for any person to drink any spirituous, malt, vinous, or otherwise alcoholic beverages containing more than one-half of one percent of alcohol by volume, upon any public streets, alleys, sidewalks, parkways, playground, parking lots open to the public, public parks, public school grounds, and public recreation areas within this city, unless such person is in or on any place for which a conditional use permit or special event permit has been issued by the city permitting alcohol consumption. Unless otherwise indicated, any person who violates a provision of this chapter is guilty of an infraction.

B. It is unlawful for the owner, manager or person in charge of a place open or accessible to the general public, which is not licensed to permit alcohol consumption, to permit on such premises a person to partake of any spirituous, malt, vinous, or otherwise alcoholic beverages containing more than one-half of one percent of alcohol by volume. Unless otherwise indicated, any person who violates a provision of this chapter is guilty of an infraction. [Ord. 2010-126 § 1 (Exh. A)].

Cross-references: special events, Chapter 11.05 AVMC; alcoholic beverages in public parks, AVMC 11.10.170.

8.20.070 Use of public restrooms.

It is unlawful for any person to use any toilet or restrooms set apart for members of the opposite sex. This section does not apply to children age 10 and under who are accompanied by their parent or guardian. [Ord. 2010-126 § 1 (Exh. A)].

8.20.080 Public indecency.

A. It shall be unlawful for any person to appear nude in any place open to the public or any place visible from a place open to the public. “Nude” within the meaning of this section means the showing of the human male or female genitals, pubic area, buttocks, perineum, anus or anal region with less than a fully opaque covering and/or the showing of the female breast with less than a fully opaque covering of any part or portion of the breast at or below the areola.

B. Exceptions. The provisions of this section shall not apply to:

1. Any person 10 years old or younger.

2. Any female exposing her breast to the extent such exposure is necessary to breastfeed a child.

3. Performers who are engaged in live theatrical performances performed in a theater, concert hall or other such establishment primarily devoted to theatrical performances; provided, that this exception shall not apply to permit any conduct or activities regulated under Chapter 4.12 AVMC. [Ord. 2010-126 § 1 (Exh. A)].


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Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.