Chapter 9.12
PUBLIC NUISANCES AFFECTING PUBLIC PEACE AND SAFETY

Sections:

9.12.010    Generally.

9.12.020    Use of law enforcement agency uniform, vehicle, identification or insignia.

9.12.030    Acts menacing public peace and safety.

9.12.035    Interference with police dogs.

9.12.040    Consumption of alcoholic beverages on public rights-of-way or public or private property open to public view.

9.12.050    Alcoholic beverages--Public parks.

9.12.060    Violation--Penalty.

9.12.070    Prohibition of fires on city beaches.

9.12.080    Prohibition of fires in city parks.

9.12.010 Generally.

The acts enumerated in this chapter are public nuisances affecting public peace and safety in addition to any other provisions of this code.  (Ord. 8-80 §1, 1980:  Ord. 13-75 §1(part), 1975).

9.12.020 Use of law enforcement agency uniform, vehicle, identification or insignia.

The wearing, displaying or using of any title, identification card, vehicle, uniform, cap, badge or insignia by any person which causes a reasonable individual to believe that such person is a member of the Half Moon Bay police department, San Mateo County sheriff’s office, California Highway Patrol or other law enforcement agency having jurisdiction within the city is a public nuisance affecting public peace and safety.  (Ord. 13-75 §1(part), 1975).

9.12.030 Acts menacing public peace and safety.

All other acts, occupations and uses of property, not specifically mentioned in this chapter, which are in fact a menace to the public peace and safety are public nuisances affecting public peace and safety.  (Ord. 13-75 §1(part), 1975).

9.12.035 Interference with police dogs.

No person shall wilfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the police department or county sheriff in the performance of the functions or duties of such department, or interfere with or meddle with any such dog while being used by said department or any member thereof in the performance of any of the functions or duties of said department or of such officer or member.  (Ord. 3-81, 1981).

9.12.040 Consumption of alcoholic beverages on public rights-of-way or public or private property open to public view.

It is unlawful for any person to consume any alcoholic beverage, or to have in his possession or on his person any bottle, can or other receptacle containing an alcoholic beverage which has been opened, or a seal broken or the contents of which have been partially removed while such person is standing, sitting or otherwise occupying any public right-of-way, including any public street, sidewalk, pedestrian mall, alleyway or thoroughfare; nor shall any person consume any alcoholic beverage in any private or public parking lot within the city where such parking lot has immediate access to a public street; nor shall any person consume any alcoholic beverage within fifteen feet of any public rights-of-way while on a private stairway, doorway, or other private property open to public view without the express or implied permission of the owner, his agent, or the person in lawful possession thereof; provided, however, that the provision of this section shall not apply to the interior portion of any private dwelling, habitat or building, to the consumption by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content, or those persons consuming alcoholic beverages while viewing a parade for which a permit has been granted pursuant to Half Moon Bay city ordinance.  Further, this section shall not be applicable in those areas and during such time as the city council has granted permission for temporary use or occupancy of public streets and appurtenant areas pursuant to the city ordinances of Half Moon Bay.  (Ord. 5-96 §2(part), 1996).

9.12.050 Alcoholic beverages--Public parks.

No person shall consume any alcoholic beverage, or have in his possession or on his person, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or the seal broken or the contents of which have been partially removed, while such person is occupying any municipal public park within the city.  (Ord. 8-80 §3, 1980).

9.12.060 Violation--Penalty.

Any person violating the provisions of this chapter shall be guilty of an infraction, and if convicted shall be punished by (a) a fine not exceeding twenty-five dollars for the first violation, until July 1, 1996 when the fine shall be increased to seventy-five dollars, (b) any person violating these sections a second or more times shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Title 1 of this code.  (Ord. 5-96 §2(part), 1996).

9.12.070 Prohibition of fires on city beaches.

No person shall light, build, use or maintain a fire on any beach owned by the city excepting a portable camp stove or barbecue.  (Ord. 12-91 §1(A), 1991).

9.12.080 Prohibition of fires in city parks.

No person shall light, build, use or maintain a fire in any city park except in a fireplace provided, maintained and designated for such purpose, or a portable barbecue or camp stove used in areas designated for such use.  (Ord. 12-91 §1(B), 1991).