CHAPTER 22.
OFFENSES/NUISANCES Revised 4/17

Article 1    OFFENSES -- MISCELLANEOUS

§ 22-1    Alcoholic beverages -- consumption and possession in public.

§ 22-2    Ball playing in streets.

§ 22-3    Bay of Monterey -- placing, etc., of boats, rubbish, etc., on shore.

§ 22-4    Aggressive Solicitation and Prohibited Solicitations (Ord 3355, 05/2005; Ord 3360, 09/2005)

§ 22-5    Definitions for curfew regulations.

§ 22-6    Curfew regulations.

§ 22-7    Penalty.

§ 22-8    Fire alarms -- false alarms prohibited.

§ 22-9    Same -- tampering with, unauthorized use of, etc., fire alarm system.

§ 22-9.1    Installation and operation of alarm devices.

§ 22-10    Garage sales.

§ 22-11    Gambling -- operation of card tables, gambling devices, etc. in businesses for compensation, etc., prohibited.

§ 22-12    Bicycles, roller skates, skateboards, etc., prohibited in certain areas.

§ 22-12.5    Prohibition of Motorized Scooters on the Recreation Trail (Ord 3330, 10/2003)

§ 22-13    Reckless operation of bicycles, skateboards, skates, in-line skates, and other similar vehicles on the Recreation Trail.

§ 22-14    Skateboards on Recreation Trail between the head of Municipal Wharf No. 1 and the City limit with Pacific Grove prohibited.

§ 22-15    Urinating and defecating in public prohibited.

§ 22-16    Loitering.

§ 22-17    Noise -- permit for use of loudspeakers, amplifiers, etc. -- required.

§ 22-17.1    Same -- applications generally.

§ 22-17.2    Same -- contents of application.

§ 22-17.3    Same -- issuance or denial.

§ 22-17.4    Same -- revocation.

§ 22-17.5    Same -- appeal upon denial or revocation.

§ 22-17.6    Same -- transfer; compliance with requirements.

§ 22-17.7    Same -- intent of requirements.

§ 22-17.8    Same -- applicability of Sections 22-17 to 22-17.7.

§ 22-18    Same -- certain noises prohibited.

§ 22-18.1    Repealed.

§ 22-19    Regulation of Door-To-Door Solicitors.

§ 22-19.5    Advertisement of short-term rentals. Revised 4/17

§ 22-20    Utility poles -- posting, etc., of signs, notices, etc.

§ 22-21    Weapons and firearms -- certain acts prohibited while carrying concealed weapons.

§ 22-22    Same -- sale, possession, etc., of switch-blade knives, etc.

§ 22-23    Same -- discharge of firearms.

§ 22-24    Obnoxious nude conduct -- prohibited acts.

§ 22-25    Activities Conducted upon quasi-public property.

§ 22-25.5    Trespass upon Private Lands and Business Premises; Unwelcome.

§ 22-26    Loitering in any parking facilities.

§ 22-26.5    Loitering at or in Public Restrooms (Ord 3322, 05/2003)

§ 22-27    Transit bus in Revenue service -- Smoking Prohibited; definitions.

§ 22-28    Same -- Littering Prohibited.

§ 22-29    Regulation of Smoking in Public Places.

§ 22-30    Minors Prohibited in billiard rooms during certain Hours.

§ 22-30.5    Screening of Harmful Matter.

§ 22-31    Massage therapists and massage establishments.

§ 22-31.1    Definitions.

§ 22-31.2    Certification and registration required.

§ 22-31.3    Massage establishment--Permit required.

§ 22-31.4    Permit exemptions.

§ 22-31.5    Massage establishment permit application.

§ 22-31.6    Massage establishment permit issuance.

§ 22-31.7    Massage establishment permit denial.

§ 22-31.8    Massage establishment permit amendment.

§ 22-31.9    Massage establishment permit--Suspension, revocation, or restriction.

§ 22-31.10    Notice, hearing, and appeal.

§ 22-31.11    Massage establishment reapplication.

§ 22-31.12    Massage establishment--Inspections by officials.

§ 22-31.13    Massage establishment general operating requirements.

§ 22-31.14    Applicability to existing massage establishments.

§ 22-31.15    Penalty for violation.

§ 22-31.16    Severability.

§ 22-32    Second Hand Dealers.

§ 22-33    Prohibition in Designated Public Restrooms.

§ 22-34    Regulation of Escort Services.

Article 2    GRAFFITI (Ord 3481; 7/2013)

§ 22-35    Findings and Purpose.

§ 22-35.1    Definitions.

§ 22-35.2    Graffiti Declared a Nuisance and Prohibited.

§ 22-35.3    Penalties and Remedies and Graffiti Abatement.

Article 3    RESERVED

Article 4    ABATEMENT OF PUBLIC NUISANCES (Ord 3390; 8/2007)

§ 22-38    General Definitions.

§ 22-38.1    Public Nuisances Prohibited.

§ 22-38.2    Nuisances Defined.

§ 22-38.3    Remedies for Public Nuisance.

§ 22-38.4    Administrative Order.

§ 22-38.5    Summary Abatement.

§ 22-38.6    Liability for Costs.

§ 22-39    Prohibiting Medical Marijuana Dispensaries, Delivery, and Cultivation, and Marijuana Dispensaries and Marijuana Sales.

ARTICLE 1
OFFENSES -- MISCELLANEOUS

Sec. 22-1 Alcoholic beverages -- consumption and possession in public.

Except as permitted in certain picnic areas specifically listed in Chapter 23 of this code and outdoor seating areas as allowed by encroachment permit, no person shall consume any alcoholic beverage or have in their possession any open container of any alcoholic beverage upon any public street, park, greenbelt, plaza, sidewalk, alley, lane, wharf, pier, walkway, mall, or other public place in the City.

For purposes of this section, “open container” includes any can, bottle, or other receptacle that has been opened, has a seal broken, or the contents of which have been partially removed.

This section does not apply to individuals in possession of empty alcoholic beverage containers for recycling purposes. (Ord. 3497 § 2, 2014; Ord. 3433 § 1, 2009)

Sec. 22-2 Ball Playing in streets.

No person shall play ball, ball and catch, baseball or any other game where any ball or other object is thrown from, to, or at one or another players, or from one place to another, or to or against any object or point or place, upon any of the public streets of the City.

Sec. 22-3. Bay of Monterey - Placing, etc., of Boats, Rubbish, etc., on Shore.

No person shall place, or suffer or allow to remain, boats of any kind, rubbish, debris, or other materials or thing upon the shore of the Bay of Monterey, within the City, below ordinary high water mark.

Sec. 22-4. Aggressive Solicitation and Prohibited Solicitations (Ord 3360: 09/05).

(a)    No person may solicit, ask or beg in an aggressive manner in any public place, which is defined to include but not be limited to any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, beach, boardwalk, hiking or walking trail, designated open space area, and any doorway, entrance, hallway, lobby and other portion of any business establishment or premises open to the public.

“Aggressive manner” is defined as any of the following actions:

1.    Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to

A.    fear bodily harm to oneself or to another, damage to or loss of property, or

B.    otherwise be intimidated into giving money or other thing of value;

2.    Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging;

3.    Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

4.    Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;

5.    Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

6.    Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.

“Solicit, ask or beg” is defined to include the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

(b)    No person shall solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association during its business hours, or within 15 feet of any automated teller machine during the time it is available for customers use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.

1.    The provisions of this Subdivision (b) shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, convenience market and retail sales facilities, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.

(c)    No person may solicit, ask or beg in any of the following locations, or under any of the following circumstances, after dark (one-half hour after sunset to one-half hour before sunrise):

1.    public parking lot or structures.

(d)    No person may loiter on any median island or solicit, ask or beg while standing on any median island.

Sec. 22-5 Definitions for curfew regulations.

For purposes of this Division, the following definitions apply:

“Curfew hours” means the period from 11:00 p.m. any evening of the week, until 5:00 a.m. the following day.

“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life. “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.

“Establishment” means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

“Guardian” means (1) a person who, under court order, is the guardian of a minor, or (2) a public or private agency with whom a minor has been placed by the court, or (3) a person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

“Minor” means any person under eighteen (18) years of age.

“Parent” means a person who is a natural parent, adoptive parent, or step-parent of a minor.

“Public place” means any place to which the public has access and includes, but is not limited to, streets, roads, alleys, trails, sidewalks, parks, recreational areas, public grounds or buildings, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

“Responsible adult” means a person at least eighteen (18) years of age, authorized by a parent or guardian to have the care and custody of a minor. (Ord. 3472 § 9, 2012)

Sec. 22-6 Curfew regulations.

(a)    It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Monterey during curfew hours.

(b)    It is unlawful for any parent or guardian of a minor knowingly to 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 of Monterey during curfew hours.

(c)    It is a defense to prosecution under subsection (a) or (b) of this section that the minor was:

(1)    Accompanied by the minor’s parent or guardian, or by a responsible adult;

(2)    On an errand at the direction of the minor’s parent or guardian, or the responsible adult, without any detour or stop;

(3)    In a motor vehicle involved in interstate travel;

(4)    Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5)    Involved in an emergency;

(6)    On the sidewalk abutting the minor’s residence;

(7)    Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Monterey, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Monterey, a civic organization, or another similar entity that takes responsibility for the minor;

(8)    Exercising First Amendment rights protected by the United States Constitution, or going to or returning home from, without any detour or stop, the exercising of those First Amendment rights;

(9)    Traveling from an activity listed in subsection (c) of this section to another activity listed in subsection (c) of this section, without any detour or stop; or

(10)    Emancipated pursuant to law.

(d)    Before taking any enforcement action under this section, a police 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 not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under subsection (c) of this section is present or applicable.

(e)    Each violation of this section shall constitute a separate offense. (Ord. 3472 § 9, 2012)

Sec. 22-7. Penalty.

Any person violating the provisions of Section 22-6 may be charged with a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure. (Ord. 3472 § 9, 2012)

Sec. 22-8. Fire alarms -- false alarms prohibited.

No person shall willfully or designedly give, assist in giving, countenance or request or cause to be given, any false alarm of fire in any manner; provided, that this section shall not apply to members of the Fire Department in making tests or repairs under the direction of proper authorities.

Sec. 22-9. Same -- tampering with, unauthorized use of, etc., fire alarm system.

No person shall tamper, meddle or in any way interfere with any station or signal box or any fire alarm telephone system or any auxiliary appliance, or willfully break, injure, deface or remove, or make any connection or communication with, the poles, wires, boxes or other parts or fixtures of the fire alarm system so as to interrupt or interfere with the proper working of the same, or mutilate or destroy any notices that may be legally posted relating to the same.

No person shall make or cause to be made, or use or have in his possession, any key, impression or duplicate of any signal box of the fire alarm telegraph, without the written permission of the Fire Chief.

Sec. 22-9.1. Installation and operation of alarm devices.

(a)    No person, firm, corporation, partnership, or other legal entity, with the exception of governmental entities, or such alarm devices as are required to be installed by governmental entities, shall install, connect, place, or cause to be installed, connected, or placed into operation any alarm device, whether sounded or operated, on the premises or remotely sounded or operated, which is designed, intended or expected, to summon the assistance of employees of the City without first obtaining a permit for such alarm device from the City Manager or his designated representative.

(b)    Any such person, firm, corporation, partnership, or other legal entity required to obtain a permit under this section, shall file a permit application of a form provided by the City showing the type, purpose, operating procedure and such other information as may be required by the City Manager or his designated representative. A fee shall be set by resolution of the City Council which shall accompany each application, and no renewal fee shall be required except as hereinafter provided. The application shall contain a contractual provision obligating the applicant to pay any service charges imposed and shall be signed by the applicant. The application shall contain a further provision, signed by both the applicant and the alarm company servicing the applicant, that the alarm company has explained the nature of this Section and the possible fees and penalties which may be imposed hereunder upon the applicant.

(c)    The City Manager or his designated representative shall verify the information submitted pursuant to the application. No permit shall issue under this section until the City Manager or his designated representative has ascertained that all personnel with access to the alarm device will or have received adequate training in its operation. No permit shall issue under this Section until agreement to the installation, connection or placement of the alarm device has been secured from the County Communications Center.

(d)    Whenever any employee of the City is required to respond to an alarm which has been activated falsely, which is determined to have been preventable by the permittee, his agents or employees, a service fee shall be imposed upon the permittee by the City in a given month in an amount to be determined by the City Council by resolution.

(e)    Repeated false activations of any alarm device shall be grounds for revocation of the permit. Whenever the City Manager or his designated representative finds and determines that the continued operation of such alarm or alarms constitutes a detriment to the public health, safety and welfare due to repeated misallocation of public safety employees or other reasonable cause, he shall notify the permittee to disconnect the alarm and revoke the permit. Upon such notification, there shall be no response to such alarm device by employees of the City, excepting that when an appeal has been filed, service shall continue during the period of such appeal.

(f)    Any revocation of a permit under this Section may be appealed to the City Council within ten days after notification of such revocation. The appeal shall be placed on the next available Council agenda for consideration.

(g)    Whenever a permit is revoked in accordance with this Section, and that revocation is upheld by the Council or the appeal period has elapsed, reinstatement of such permit may be treated as an application for a new permit, including fee, and such reinstatement shall be conditioned upon provision by the applicant of substantial evidence that the applicant has corrected the deficiencies which caused the original revocation.

(h)    Installation, connection or operation of any alarm system after revocation of the permit (excluding any period of appeal) shall be an infraction.

(i)    Any person, firm, corporation, partnership or other legal entity operating alarm system within the City at the effective date of this Section shall have a period of 30 days in which to apply for a permit pursuant to this Section. Failure to make such application within 30 days while continuing to operate an alarm device shall be an infraction.

Sec. 22-10. Garage sales.

(a)    Definitions. For the purposes of this chapter, the words listed in this section are defined as follows:

1.    “Commercial garage sale”:

(A)    Occurs more than four times in 12 consecutive months at the same residential property and conducted by the same occupants; or

(B)    Operates for more than two consecutive days; or

(C)    Operates earlier than 7:00 a.m. or later than 7:00 p.m.

2.    “Garage sale” means the display and sale of personal property or goods belonging to an individual or group of individuals to the general public, but not necessarily limited to sales or offerings of household items. “Garage sale” shall be broadly construed to include such similar terms as yard sale, lawn sale, moving sale, patio sale, trunk sale, closet sale, rummage sale, occasional sale, household sale, or other terms with like meaning.

3.    “Estate sale” means the sale to the public of the personal property or goods of an individual who has died within the past 24 months, or six months after the closing of probate of the estate, whichever occurs sooner.

(b)    Regulation of Garage Sales.

1.    It shall be unlawful to conduct any garage sale in violation of this or any other applicable law or regulation.

2.    No commercial garage sale is permitted in any residential zone.

(c)    Exemptions. Estate sales shall be exempt from the provisions of this section.

(d)    Penalties. Every person who violates any provisions of this section shall be subject to administrative citations under Sections 1-9 through 1-9.12, which is in addition to all other civil remedies that may be pursued by the City to address any violations of this code. (Ord. 3538 § 3, 2016)

Sec. 22-11. Gambling -- operation of card tables, gambling devices, etc., in businesses, for compensation, etc., prohibited.

No person, either as owner, principal agent, employee, licensee, lessee, mortgagee or in any other capacity, shall operate any card table or card tables in any store, bar, restaurant, public poolroom, public billiard room, cigar stand or any place of business, or in any room or place adjoining and connected with the same, within the City.

No person, either as owner, principal, agent, employee, licensee, lessee, mortgagee or in any other capacity, shall maintain or conduct or aid in maintaining and conducting any card table, gambling contrivance or card game for the use of which any fee or compensation is charged any player.

This Section is not intended nor shall it be construed to prohibit any act prohibited by Chapter 10, Title 9, Part 1 (commencing with Section 330) of the Penal Code of the state.

Sec. 22-12. Bicycles, roller skates, skateboards, etc., prohibited in certain areas.

In any area designated by resolution of the City Council, and signs are in place giving notice thereof, it shall be unlawful for any person to ride a bicycle or ride or propel roller skates, skateboards or similar non-motorized vehicles, on any sidewalk, street, mall, wharf, parking lot, parking garage, park, trail, or other public place.

This prohibition shall not apply to any bikeway designated in a bikeway plan adopted by the City Council nor any bikeway so designated by resolution of the City Council.

Wheelchairs and other similar vehicles for the transportation of the handicapped, baby carriages and strollers for transportation of young persons, and handcarts and other similar vehicles used for the delivery of personal property or used in construction are excluded from this prohibition.

Section 22-12.5 Prohibition of Motorized Scooters on the Recreation Trail.

No person shall operate any motorized scooter, as that term is defined in the California Vehicle Code, on the Recreation Trail. (Ord 3330; 10/2003)

Sec. 22-13 Reckless operation of bicycles, skateboards, skates, in-line skates, and other similar vehicles on the Recreation Trail.

No person shall operate any bicycle, skateboard, skates, in-line skates, or other similar self-propelled vehicles on the Recreation Trail in a reckless manner.

For purposes of this section, “reckless” shall mean operation of a vehicle in willful or wanton disregard for the safety of persons or property, and specifically includes, but is not limited to, the following specific conduct:

(a)    Operation at a speed greater than reasonable or prudent having due regard for weather, visibility, pedestrian and vehicular traffic on or crossing the trail, and condition of the vehicle;

(b)    Operation on the trail in such a manner as to result in loss of control of the vehicle;

(c)    Operation in such a manner as to result in a collision or accident involving any vehicle, property or pedestrian.

(d)    Operation when the operator is under the influence of any alcoholic beverage or drug as those terms are defined in CA Vehicle Code Section 23152; or

(e)    Operation in such a manner as to endanger life, limb, or property of any person.

Sec. 22-14. Skateboards on the Recreation Trail between the head of Municipal Wharf No. 1 and the City limit with Pacific Grove are prohibited.

Skateboarding is prohibited on certain sections of the Recreation Trail.

(a)    No person shall ride or propel a skateboard on the Recreation Trail between the head of Municipal Wharf No. 1 and the City limit with Pacific Grove.

Sec. 22-15. Urinating and defecating in public prohibited.

Prohibition of urination or defecation in public places, places open to public view, or on private property without consent of the owner.

(a)    It is unlawful for any person over the age of ten (10) years to willfully and knowingly urinate or defecate in a public place other than a restroom or in a place open to public view, or upon the private property of another without consent of the owner.

Sec. 22-16. Loitering.

Whenever two or more persons gather together in such a manner as to obstruct the free passage of any street, sidewalk, alley, public way or place used by members of the public to go from place to place, such persons shall move on or disperse when ordered to do so by a police officer. No person shall refuse or fail to disperse or move on when directed to do so by a police officer.

No person shall stand, sit, linger, idle or loiter on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any business establishment, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way, or obstruct or hinder persons entering and exiting from any business establishment.

For the purpose of this section, “business establishment” shall mean any retail store, food market, theater, restaurant, drive-in restaurant, gasoline service station, bar, hotel, motel or any other establishment which is open to and provides the public with any goods or services.

Sec. 22-17. Noise--permit for use of loudspeakers, amplifiers, etc., -- required.

No person, group, organization, corporation, association or partnership shall operate or cause to be operated within the City any amplified noise or sound equipment unless a permit has been obtained from the City Manager or his delegated representative.

Sec. 22-17.1. Same -- application generally.

The permit application shall be submitted not less than five working days before the date on which the use of the loudspeaker is proposed; provided, that where good cause is shown, such permit application may be considered less than three days prior to the proposed date of use.

Sec. 22-17.2. Same -- contents of application.

The permit application shall be executed on a form supplied by the City and shall contain the following:

(a)    The name, address, telephone number and other appropriate identification as may be required, of the person or persons or any groups, organization, corporation, association or partnership, and the officers of same which propose to emit amplified noise within the City.

(b)    The name, address, telephone number and other appropriate identification as may be required, of the person or persons who will actually be engaged in the emission of such amplified noise or sound if different from those above.

(c)    The proposed time and place for the emission of amplified sound or noise.

(d)    The length of time proposed for the emission of amplified sound or noise.

(e)    Such other similar information as the City Manager or his delegated representative shall require to properly regulate the time, place and manner of emission of such amplified sound or noise.

Sec. 22-17.3. Same -- issuance or denial.

The City Manager or his delegated representative shall issue a permit for emission of amplified noise or sound unless:

(a)    The loudspeaker is to be utilized for commercial purposes. Commercial purposes as defined herein include any activity done primarily for the purpose of private profit whether such activity resulted in a profit or otherwise. Permits for such amplified sound or noise emission equipment shall be issued only if the City Manager or his delegated representative finds that its use does not unreasonably invade the privacy of, or constitute a nuisance to those who reside, work or otherwise occupy premises in reasonable proximity to the emission of amplified sound or noise or otherwise endanger the health, safety and welfare of the City or its citizens. Once such permit has been issued, it may be revoked upon a finding by the City Manager or his delegated representative that in its operation the amplified sound or noise has become a nuisance or has unreasonably invaded the privacy of those who reside, work, or otherwise occupy the premises in reasonable proximity to the emission, or the emission will in any way endanger the health, safety and welfare of the City or its citizens.

(b)    The applicant seeks to emit the amplified sound or noise other than between the hours of 9:00 a.m. and 10:00 p.m. Permits which extend the emission of amplified sound or noise outside of those hours shall be issued only if the City Manager or his delegated representative determines that such an emission will not unreasonably invade the privacy of those who reside in or otherwise occupy premises in reasonable proximity to the emission area of operation, or constitute a nuisance as to such persons.

(c)    The applicant seeks to emit the amplified sound or noise in a residential area of the City, and there is a reasonably alternative means which will not require invasion of the privacy of all of the homeowners or occupiers within such residential area. Residential area as defined here is the area so designated by the zoning ordinance of the City.

Sec. 22-17.4 Same -- revocation.

A permit hereunder may be revoked if the amplified sound or noise emission constitutes a loud and raucous noise which is offensive to those in reasonable proximity to the amplified noise or sound or which loud and raucous noise is an unreasonable invasion of the privacy of those who reside in or occupy premises contiguous to the area in which the sound or noise is emitted. A permit hereunder may also be revoked if the emission of amplified sound or noise constitutes an impediment to the safe, orderly and free flow of pedestrian or vehicular traffic on the public street or sidewalk; provided, that no permit hereunder shall be revoked until request to lower the volume of noise or sound emission to a reasonable level has been made by an appropriate public official, and such request has been refused or only partially complied with.

Sec. 22-17.5. Same -- appeal upon denial or revocation.

The City Manager or his delegated representative shall grant or deny a permit to emit amplified noise or sound within five working days of application. Revocation of a permit shall be done as soon as reasonably possible after grounds for such revocation have been discovered. Upon denial or revocation of a permit to emit amplified noise or sound, the applicant or permittee may appeal to the City Council within 14 days after such revocation or denial. Such appeal may be taken by filing with the City Clerk a written notice of appeal containing a copy of the permit application, a copy of any correspondence between the City and the applicant or permittee, and if the applicant or permittee wishes, a written statement of the position on the denial or revocation. The City Council shall hear such appeal at its earliest opportunity, whether at the next regularly scheduled meeting or otherwise. A written notice shall be given the permittee at least five days prior to the Council meeting at which the appeal is to be heard. No other notice shall be required.

Sec. 22-17.6. Same -- transfer; compliance with requirements.

No person shall emit amplified noise or sound within the City without having on his person a valid permit issued as herein specified. No permit authorized under these requirements shall be transferable or utilized by any person who has not complied with all requirements herein specified.

Sec. 22-17.7. Same -- intent of requirements.

The City Council hereby declares that it is not its intent, by the passage of these requirements to in any way infringe the rights of speech, press and assembly guaranteed by the United States Constitution. Rather, these requirements are designed to reconcile those rights with the co-equal rights of privacy in the home and the free use of the public streets.

Sec. 22-17.8. Same -- applicability of Sections 22-17 to 22-17.7.

The provisions of Sections 22-17 to 22-17.7 shall not apply to private radio sets installed in any private home for the purpose of receiving signals from regularly licensed stations or radio sets utilized for purposes of display in any store where they are sold; provided, that in none of the above situations shall the amplification be beyond the reasonable necessity of the respective uses. Nor shall the provisions of this Section apply to any governmental agency acting within the scope of its discretionary authority.

Sec. 22-18 Same -- certain noises prohibited.

No person shall cause, suffer, permit or allow the repeated or persistent emission of any noise or sound produced by any such person, by an animal or fowl or through any mechanical means within his ownership, possession or control, which by reason of its raucous nature habitually disturbs the peace and quiet of any person.

Sec. 22-18.1 Same -- oral advertising prohibited on municipal Wharf No. 1.

Repealed by Ord. 3840 C.S.

Sec. 22-19. Regulation of Door-To-Door Solicitors.

No solicitor, peddler, hawker, itinerant vendor or merchant, canvasser, or transient vendor shall enter upon residential property for the purpose of soliciting orders for or selling any goods, wares, merchandise, or service, including subscriptions or orders for books, magazines, or periodicals, if a notice prohibiting soliciting or peddling is visibly displayed upon the property; and further, no such soliciting or peddling shall occur during the hours from sunset to sunrise. (Ord 3319; 4/03)

Sec. 22-19.5. Advertisement of short-term rentals. Revised 4/17

(a)    No responsible party shall post, publish, circulate, broadcast or maintain any advertisement of a short-term residential rental prohibited by the Monterey City Code.

(b)    For purposes of this section the following words and phrases shall have the meaning respectively ascribed to them by this section.

1.    “Advertisement” means any announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website, platform or application, any form of television or radio broadcast or any other form of communication whose primary purpose is to propose a commercial transaction.

2.    “Responsible party” means any property owner or tenant, or any agent or representative thereof, who causes or permits any violation of this Code. To cause or permit includes failure to correct after receiving notice from the City of the violation. A responsible party does not include online hosting platforms/companies.

3.    “Short-term residential rental” shall have the meaning set forth in Chapter 38 of the Monterey City Code.

(c)    Each day that an advertisement is posted, published, circulated, broadcast or maintained by a responsible party in violation of this section is a separate offense. (Ord. 3564 § 3, 2017)

Sec. 22-20. Utility poles -- posting, etc., of signs, notices, etc.

No person shall post, paste or paint any sign or notice of any kind whatsoever on any telegraph, telephone or power line pole, standing or erected on any street in the City; provided, that this section shall not apply to notices or signs painted on such poles by the person owning the same for the purposes of warning or identification.

Sec. 22-21. Weapons and firearms -- certain acts prohibited while carrying concealed weapons.

(a)    No person while carrying concealed upon his person any dangerous or deadly weapon, shall loaf or loiter upon any public street, sidewalk or alley, or wander about from place to place, with no lawful business thereby to perform, or hide, lurk or loiter upon or about the premises of another.

(b)    No person who has concealed upon his person, or who has in his immediate physical possession, any dangerous or deadly weapon shall engage in any fight, or participate in any rough or disorderly conduct, upon any public place or way, or upon the premises of another.

(c)    No person who has concealed upon his person any dangerous or deadly weapon shall loiter about any place where intoxicating liquors are sold, or any other place of public resort.

(d)    The restrictions of this Section shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business, or for the purpose of legitimate recreation.

(e)    As used in this Section, but in nowise limited thereto, “dangerous or deadly weapon” shall mean any knife with a blade three inches or more in length; any spring-blade, switch-blade or snap-blade knife, or other similar type knife; any knife having a blade which is automatically released by a spring mechanism or other mechanical device; any ice pick or a similar sharp, stabbing tool; any straight edge razor, or any razor blade fitted to a handle; any cutting, stabbing, bludgeoning weapon; or any device capable of inflicting grievous bodily harm.

Sec. 22-22. Same -- sale, possession, etc., of switch-blade knives, etc.

No person shall sell, offer for sale, expose for sale, keep, carry, possess, loan, transfer or give to any other person any spring-blade, switch-blade or snap-blade knives, or similar type knives, or any knife of which the blade is automatically released by a spring mechanism or other mechanical device.

Sec. 22-23. Same -- discharge of firearms.

No person shall shoot, fire or discharge any pistol, revolver, rifle, cannon or other firearms or devices fired or discharged by explosives, or any air gun or air pistol, or spring gun or spring pistol, or any bow and arrow, not in necessary self-defense or in the performance of official duty, within the City, without first having obtained a written permit from the Chief of Police or other officer designated by him. The Chief of Police shall issue to shoot or discharge any such pistol, revolver, rifle, cannon or other firearms or devices fired or discharged by explosives, or any such air gun or air pistol, or spring gun or spring pistol, or bow and arrow, only when he finds that the proposed use thereof will not endanger life or property. The Chief of Police may issue such written permit subject to such reasonable conditions as he finds will reduce or eliminate hazard to life or property.

No person shall shoot or discharge any such pistol, revolver, rifle, cannon or other firearms or devices fired or discharged by explosives, or any air gun or air pistol, or spring gun or spring pistol, or bow and arrow, contrary to the provisions of this Section or contrary to the conditions of such written permit. The person shall have upon his person such permit when exercising the privileges granted in this Section.

Nothing contained in this Section shall apply to or prevent the firing of salutes for men of war or other steamships or sailing vessels on Monterey Bay nor to the firing of guns under the authority of the United States or of the state, nor to shooting galleries or target ranges.

Sec. 22-24. Obnoxious nude conduct -- prohibited acts.

(a)    Legislative authorization. This Section is adopted pursuant to Section 318.5 and 318.6 of the California Penal Code. All words used in this Section which are also used in such Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in Sections 318.5 and 318.6 of the California Penal Code.

(b)    Prohibition against display of female breasts. Every female person is guilty of a misdemeanor who, while participating in any live act, demonstration or exhibition in any public place, place open to the public, or place open to public view or while serving food or drink or both to any customer:

1.    Exposes any portion of her breast or breasts or below the areola thereof.

2.    Employs any device or covering which is intended to simulate such portion of the breast or breasts.

3.    Wears any type of clothing so that any such portion of the breast or breasts may be seen or observed.

(c)    Prohibition against display of private parts. Every person is guilty of a misdemeanor who:

1.    Exposes his or her private parts, buttocks, genitals, pubic hair, natal cleft or perineum or employs any device which though covering such parts is intended to simulate the same while participating in any live act, demonstration or exhibition in any public place, place open to the public, or place open to public view or while serving food or drink or both to any customer.

(d)    Permitting, procuring or assisting any person in violating subsection (b) and (c).

Any person who employs, procures, permits or assists any person to engage in conduct prohibited by subsections (b) or (c) of this Section is guilty of a misdemeanor.

(e)    Exceptions. The provisions of this Section shall not apply to:

1.    A theater, concert hall or other similar establishment which is primarily devoted to theatrical performances.

2.    Any act authorized or prohibited by any statute of the State.

Sec. 22-25. Activities conducted upon quasi-public property.

Any person or persons, group, organization, corporation or other entity, or the officers, agents, employees, representatives, delegates or appointees of same which engage in the activity or activities of distribution or dissemination of ideas or information, whether for the purpose of soliciting funds, contributions, donations or otherwise, and whether in conjunction with the distribution of newspapers, magazines, leaflets, pamphlets, handbills, literature or otherwise shall do so in a manner which does not constitute an obstruction of the free flow of pedestrians or vehicular traffic within any quasi-public property, or an unreasonable interference with the lawful, normal, ordinary and efficient business operations of such property.

Quasi-public property as used herein is defined as any property which, although privately owned in whole or in part, is held open to the general public for commercial purposes and is intended to attract substantial members of the public for such purposes. Such quasi-public property shall include, but is not limited to, shopping centers, business blocks, transportation centers, including airports, railroad stations and bus terminals, wharves, stadiums, amphitheaters and other such property which is or may be used for public assemblies or other public purposes.

Obstruction of the free flow of persons and unreasonable interference with normal business operations as used herein, shall include, but is not limited to, the blockage, obstruction or impeding of entrance into or exit from any part, portion, section, or division of any quasi-public property, to include the ingress and egress to and from parking lots on such quasi-public property, the materials and vehicles on or within such property, and the violation of any state law or municipal ordinance pertaining to conduct or the regulation thereof on private, public or quasi-public property.

Sec. 22-25.5 Trespass upon Private Lands and Business Premises; Unwelcome

(a)    No person shall enter or remain upon private property or business premises after having been informed, orally or in writing, by the owner, the owner’s agent, or the person in lawful possession of the property, or any police officer or City official acting at the request of the owner, the owner’s agent, or the person in lawful possession of the property, to remove himself or herself therefrom. The posting of signs indicating the property is private or stating “no trespassing” shall be sufficient warning that the property is private and not open to public use, occupation, or entry, or the receipt of a written request to exclude persons from entering or remaining upon the property from the property owner, owner’s agent, or the person in lawful possession of the property by the City shall be sufficient to enable enforcement of this provision for a period not exceeding twelve (12) months. The requestor shall inform the City when the assistance is no longer desired, before the period not exceeding twelve (12) months expires. The request for assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.

(b)    It shall be unlawful for any person excluded from private property or business premises pursuant to subsection (a) of this section to reenter the subject premises within ninety (90) days after having been requested to remove himself or herself therefrom.

(c)    The foregoing notwithstanding, this section shall not apply in the following instances:

1.    Where persons are lawfully on quasi-public property who are engaging in activities protected by the California or United States Constitution, unless such persons are interfering with or blocking ingress or egress to any premises on the property or are acting in a manner that is unsafe or disruptive to the quiet enjoyment of the property by its owner;

2.    Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Acts or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, sexual orientation, creed, ancestry or national origin;

3.    Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code;

4.    Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

5.    Where the person who is upon another’s private property or business premises is there under claim or color of legal right. This exception is applicable to (but not limited to) the following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies: marital and post-marital disputes; child custody visitation disputes; disputes regarding title to rights in real property; landlord-tenant disputes; disputes between persons residing together upon the property concerned up until the time of the dispute, employer-employee disputes; business-type disputes such as those between partners; debtor-creditor disputes, and instances wherein the person claims rights to be present pursuant to order, decree, or process of a court. (Ord. 3521 § 2, 2015)

Sec. 22-26. Loitering in any parking facilities.

(a)    Prohibited. It shall be unlawful for any person to loiter, linger or loaf in or on any parking facility, or on the sidewalks or streets immediately adjacent thereto.

(b)    Definitions:

1.    Parking facilities. All parking lots, garages, parking structures, whether public or private, having designated spaces for the parking of five or more vehicles.

2.    Sidewalks and streets immediately adjacent thereto. All sidewalks, walkways, stairways, streets, alleys and driveways which are provided for the purpose of providing either pedestrian or vehicular ingress and egress to the parking facility.

Sec. 22-26.5. Loitering at or in Public Restrooms.

It shall be unlawful for any person to loiter at, in, or within fifty (50) feet of any public restroom, or intentionally block the ingress or egress of anyone attempting to use any public restroom. It shall further be unlawful to return to a public restroom within seventy-two (72) hours after having been asked to leave by a peace officer for loitering at, in, or about the restroom. As used in this section “loiter” means to delay, to linger, or to idle about in any City park, on City property or property otherwise designated for public use, without a lawful purpose for being present. (Ord 3322; 05/2003)

Sec. 22-27. Transit bus in revenue service -- smoking prohibited; definitions.

It shall be unlawful for any person to smoke or possess any lighted substance aboard any transit bus in revenue service within the City.

Transit bus shall mean any vehicle designed to carry 15 or more passengers, transporting the general public in urban, suburban or interurban service. Excluded are intercity passenger stage corporations regulated by the Public Utilities Commission, and charter operations which are not available to the general public.

Revenue service shall mean that period of time when the vehicle is in operation for the purpose of transportation of passengers and that period of time when parked at terminal points prior to departure.

Sec. 22-28. Same -- littering prohibited.

It shall be unlawful to place, deposit, leave or throw any refuse on any transit bus in revenue service except in designated containers within such bus.

Sec. 22-29. Regulation of smoking in public places.

(a)    Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this section:

1.    “Beach” means any sand area of a public park within the City of Monterey that abuts the Monterey Bay and extends to the Recreation Trail.

2.    “Electronic smoking device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any such device that is manufactured, distributed, marketed, or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah or by any other product name or descriptor. “Electronic cigarette” does not include any inhaler prescribed by a licensed physician.

3.    “Employment” shall be defined as in California Labor Code Section 6303(b).

4.    “Enclosed” means closed in by a roof and four (4) walls with appropriate openings for ingress and egress.

5.    “Place of employment” is any place where employment is carried on.

6.    “Open to the public” means any area to which the public is invited or in which the public is permitted, including, but not limited to, common areas within hotels and motels, pharmacies, banks and other financial institutions, offices, gymnasiums, health spas, swimming pools, roller and ice rinks, bowling alleys, sports pavilions, boxing arenas, restaurants, bars, aquariums, museums, galleries and retail stores.

7.    “Recreation Trail” means the paved bicycle and pedestrian path which extends from the Monterey Bay Aquarium to the City of Seaside’s limits.

8.    “Smoke” or “smoking” means inhaling, exhaling, burning, carrying, or possessing any lighted, heated, or ignited pipe, cigar, cigarette, cigarillo, hookah, electronic smoking device, or any plant product intended for human inhalation, or any other similar combustible substance in any manner or in any form.

9.    “Service area” means any outdoor area in which one (1) or more persons are waiting for or receiving service of any kind, including, but not limited to, automatic teller machines (ATMs), ticket lines, bus stops, and boarding and waiting areas of public transit depots.

(b)    Smoking is prohibited in the following places located within the City of Monterey except as provided in subsection (c) of this section:

1.    Beaches.

2.    The Recreation Trail.

3.    Buildings. All enclosed areas of buildings which are open to the public.

4.    Covered public parking lots and parking areas, including stairwells.

5.    Buses, taxicabs, shuttles, and other means of public transportation operating in the City of Monterey.

6.    Service areas.

7.    City-owned vehicles.

8.    Where any person or entity that either owns or exercises management and control over the property and has declared the area, where smoking would otherwise be allowed, to be a nonsmoking area and posts “No Smoking” signs as described in subsection (d) of this section.

9.    Enclosed places of employment.

10.    Municipal Wharf I (Old Fisherman’s Wharf).

11.    Municipal Wharf II.

(c)    Exceptions. Smoking may be permitted in the following locations unless otherwise prohibited by State law:

1.    Theatrical production sites, if smoking is an integral part of the story in the theatrical production.

2.    Patient smoking areas in long-term health care facilities, as defined in California Health and Safety Code Section 1418.

3.    Medical research or treatment sites, if smoking is integral to the research and treatment being conducted.

4.    Sixty-five percent (65%) of hotel and motel guest rooms per California Labor Code Section 6404.5(d)(1).

5.    Private residences, except for those licensed as family day care homes during hours of operation and in those areas where children are present.

(d)    Posting of Signs.

1.    “No Smoking” signs shall be clearly and conspicuously posted in every building or other place where smoking is regulated by this chapter by the owner, operator, a manager or other person having control of such place where smoking is regulated by this section.

(e)    Penalties for Violation.

1.    No person shall smoke where smoking is prohibited by this section.

2.    It shall be unlawful for any person who owns, manages, operates, or otherwise controls the use of any place subject to the restrictions and regulations of this section to permit or allow smoking in violation of this section.

3.    To the extent that subsection (b)(9) of this section is duplicative of Labor Code Section 6404.5, any enforcement shall be pursuant to the Labor Code. To the extent that subsection (b)(9) of this section is not duplicative of Labor Code Section 6404.5, it shall be enforced pursuant to Section 1-7.

4.    Any person smoking where smoking is prohibited by this section shall constitute a public nuisance.

5.    Causing, permitting, aiding, abetting, or concealing a violation of any provision of this section shall also constitute a violation. (Ord. 3530 §§ 3 – 5, 2015; Ord. 3487 § 2, 2013; Ord. 3442 C.S., 2010)

Sec. 22-30. Minors prohibited in billiard rooms during certain hours.

(a)    Between the hours of 8:00 p.m. and 8:00 a.m. of the following morning, no person under the age of 18 years shall enter, visit, frequent or remain in or upon any portion of a commercial premises where any game, involving the use of billiard or pool tables, billiard or pool balls and billiard or pool cue sticks is played and where liquor is sold, served or consumed on or within such portion of the premises, unless such person is accompanied by his or her parent or legal guardian. The intent of this Section is to preclude minors from being in or upon any separately definable portion of a commercial premises where billiards or pool are played, but not to preclude the minor from being in or around other portions of the premises during the prohibited hours.

(b)    The owner or operator of any such premises or portion thereof within the City shall post in a conspicuous place and at his own expense a sign stating that the presence of persons under the age of 18 years therein between the hours of 8:00 p.m. and 8:00 a.m. when not accompanied by a parent or legal guardian, is prohibited by Monterey City Code, Section 22-30.

Sec. 22-30.5 Screening of Harmful Matter.

(a)    The term “harmful matter” as set forth in Penal Code § 313 is hereby found to include any material that includes printed text on its cover or exterior that depicts or describes, either directly or by inference, sexual conduct in a patently offensive way.

(b)    No person shall display any harmful matter in any public place unless all offensive depictions or descriptions are screened from view of minors, either by devices commonly known as “blinder racks” that cover the offensive material, or by other means that effectively screen such offensive material from the view of minors. Solid cabinets accessible to adults only, separate rooms for adults only where material is not visible to minors outside this room, the sealing and covering of offensive material on covers of magazines or similar printed materials, and other similar means of effectively screening this material from the view of minors shall be acceptable in meeting this requirement. Ord 3285 11/00

Sec. 22-31. Massage therapists and massage establishments.

(a)    Sections 22-31 through 22-31.16 shall be known as the massage permit ordinance.

(b)    It is the purpose and intent of Sections 22-31 through 22-31.16 to provide for the orderly regulation of massage therapists and massage establishments, in the interest of public health, safety and welfare. Sections 22-31 through 22-31.16 rely upon the certification process of the California Massage Therapy Council under California Business and Professions Code Section 4600 et seq. In addition, Sections 22-31 through 22-31.16 provide certain minimum standards for the operation of massage establishments, their managing employees, and massage therapists and practitioners in order to protect the health, safety and welfare of the citizens of the City of Monterey, as well as to ward against illegal sexual commerce. (Ord. 3517 § 3, 2015)

Sec. 22-31.1. Definitions.

(a)    “California Massage Therapy Council” or “CAMTC” means the California Massage Therapy Council created under California Business and Professions Code Section 4602.

(b)    “Certified Massage Practitioner” means a person who is currently certified as a massage practitioner by the CAMTC pursuant to California Business and Professions Code Section 4604.2 and who administers massage for compensation.

(c)    “Certified Massage Therapist” means a person who is currently certified as a massage therapist by the CAMTC pursuant to California Business and Professions Code Section 4604 and who administers massage for compensation.

(d)    “Massage” means the application of various techniques to the soft tissues of the human body as defined in California Business and Professions Code Section 4601(e). Application of massage techniques may include, but is not limited to, any method of pressure or friction, stroking, kneading, rubbing, tapping, stretching, pounding, vibrating, or stimulating the external surfaces of the body with hands or with any object or appliance.

(e)    “Massage establishment” means a place where certified massage therapists or certified massage practitioners practice massage as provided in California Business and Professions Code Section 4601(f). The following are not considered massage establishments under this section: California state-licensed hospitals, nursing homes, the office of a licensed medical professional, or other state licensed physical or mental health facilities; nor a personal fitness training center, gym, athletic facility or health club, when the administering of massage is an incidental function of the business, constituting 10 percent or less of the business.

(f)    “Outcall massage service” means a business which provides a massage at a location designated by the client or the massage practitioner or therapist, other than a massage establishment.

(g)    “Owner” means any individual natural person, proprietorship, partnership, firm, association, joint stock company, corporation, organization, limited liability company, trust, or combination of individuals of whatever form or character that owns, has an equity interest in, or shares a percentage of massage therapy proceeds with a massage establishment.

(h)    “Person” means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.

(i)    “Police Chief” means the Police Chief of the City of Monterey or his or her authorized representative(s).

(j)    “Sexual or genital part” shall include the genitals, pubic area, anus, and perineum of any person and the breasts of any female.

(k)    “Employee” means any person who renders any service, with or without compensation, for a massage establishment relating to the day-to-day operation of the massage establishment. (Ord. 3517 § 3, 2015)

Sec. 22-31.2. Certification and registration required.

Except as otherwise provided in Section 22-31.4, it shall be unlawful for any person to provide massage in exchange for compensation unless they are a certified massage therapist or certified massage practitioner. (Ord. 3517 § 3, 2015)

Sec. 22-31.3. Massage establishment--Permit required.

(a)    Except as otherwise provided in Section 22-31.4, it shall be unlawful for any person to own or operate a massage establishment in the City without first having obtained a permit to conduct such business pursuant to this section.

(b)    It is unlawful for a massage establishment operator to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage therapy for compensation on the premises of a massage establishment, unless that person is listed on the massage establishment permit issued pursuant to this section.

(c)    It is unlawful for a massage establishment to operate under any name or conduct business under any designation not specified in the massage establishment permit issued pursuant to this section.

(d)    It is unlawful for a massage establishment to continue to operate following the sale or transfer of any interest in the massage establishment to a person who was not identified as an owner in the massage establishment permit application.

(e)    In order to add authorized massage professionals to the permit, change the name or address of the massage establishment, change the owners of the massage establishment, etc., the permit must be amended under Section 22-31.8 prior to any change to the information submitted with the permit application. It is unlawful for a massage establishment to operate with any changed conditions prior to approval of an amended permit.

(f)    The permit required hereby shall be in addition to any required City business license, conditional use permit in accordance with Chapter 38 of this code, or other permit if otherwise required by law. A permit issued under this section does not authorize the permittee to practice massage therapy until the permittee has complied with all business license requirements and all other applicable Federal, State, and City of Monterey laws and regulations. (Ord. 3517 § 3, 2015)

Sec. 22-31.4. Permit exemptions.

The permit requirements of Sections 22-31 through 22-31.16 shall not apply to the following persons while engaged in the performance of their duties:

(a)    Any individual licensed to practice the art of healing as defined under Business and Professions Code Section 500 et seq. while engaging in a practice within the scope of their license;

(b)    Any person licensed to practice barbering or cosmetology as defined in Business and Professions Code Section 7300 et seq. while engaging in a practice within the scope of their license;

(c)    Trainers of any amateur, semiprofessional or professional athlete or athletic teams while engaging in their training responsibilities for and with athletes;

(d)    Any employee of a California state-licensed hospital, nursing home, or other state-licensed physical or mental health facility while engaging in a practice within the scope of their employment;

(e)    Accredited high schools and colleges, and their coaches and trainers while acting within the scope of their employment;

(f)    Accredited colleges or universities that offer massage therapy programs whose instructors and students are acting within the scope of their employment or within the scope of their curriculum; and

(g)    Any other business or professions exempt by State law. (Ord. 3517 § 3, 2015)

Sec. 22-31.5. Massage establishment permit application.

Every owner of a massage establishment shall complete an application, signed under penalty of perjury, furnished by the Police Chief, and pay the nonrefundable application fee as determined by City Council resolution to cover the cost of the permitting activities established by Sections 22-31 through 22-31.16. A massage establishment permit does not authorize the permittee to provide massage therapy services, and it is unlawful to do so without a valid CAMTC certification.

All applications shall be dated and shall include, but are not limited to, the following information under penalty of perjury:

(a)    The name, address, and telephone number of the massage establishment.

(b)    The name, residence address and telephone number, and business address and telephone number of each owner of the massage establishment.

(c)    The form of business under which the applicant will be conducting the massage establishment, i.e., corporation, general or limited partnership, limited liability company, or other form. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than 10 percent of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable.

(d)    The name and address of the owner of the real property upon, in, or from which the certified massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner’s property.

(e)    A description of the proposed massage establishment, including the type of treatments to be administered.

(f)    The name of each individual who the massage establishment does or will employ or retain to perform massage therapy for compensation, whether on or off the massage establishment premises.

(g)    For each individual who the massage establishment does or will employ or retain to perform massage therapy for compensation, whether on or off the massage establishment premises, a copy of that individual’s current certification from the CAMTC as a certified massage practitioner or certified massage therapist, and a copy of his or her current CAMTC-issued identification card.

(h)    For each owner of the massage establishment who is a CAMTC-certified massage professional, a copy of his or her current certification from the California Massage Therapy Council as a certified massage practitioner or as a certified massage therapist and a copy of his or her current California Massage Therapy Council-issued identification card.

(i)    For each owner of the massage establishment who is not a CAMTC-certified massage professional, the following information:

(1)    Whether any owner of the massage establishment has within the five years immediately preceding the date of application been convicted in any state of any misdemeanor or felony.

(2)    Whether any owner of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code.

(3)    The business, occupation, and employment history of each owner of the massage establishment for five years preceding the date of application, and the inclusive dates of same.

(4)    For any owner who is not a CAMTC-certified massage professional, one set of fingerprints of each owner of the massage establishment in a form satisfactory to the permit authority. The fingerprints shall be taken at a place designated by the permit authority, and any required fee for such fingerprinting shall be paid by the applicant.

(j)    Whether any license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage therapy, and as to any such license or permit, the name and address of the issuing authority, the effective dates of such license or permit, whether such license or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary materials relating to such suspension, revocation, withdrawal, or denial.

(k)    Such other information as may be required by the permit authority to determine compliance with any other eligibility requirements for issuance of the permit as specified by federal, state, or local law. (Ord. 3517 § 3, 2015)

Sec. 22-31.6. Massage establishment permit issuance.

The Police Chief shall issue a massage establishment permit if the applicant meets the requirements of Sections 22-31 through 22-31.16 and no grounds for denial exist under Section 22-31.7. The Police Chief may impose conditions on the permit consistent with Sections 22-31 through 22-31.16 and applicable law.

(a)    Timing. The Police Chief shall issue or deny the application for a new massage establishment permit within 60 calendar days of a completed application. When necessary, the Police Chief may extend the time to issue or deny the permit.

(b)    Notice. If the applicant is not the record owner of the property where the massage establishment is located, the Police Chief may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable to the massage establishment. The Police Chief may also provide the property owner with copies of any other notices or communications with the applicant sent at any time before or after issuance of the permit.

(c)    Duration. A massage establishment permit issued pursuant to the terms of Sections 22-31 through 22-31.16 shall be valid for a term of one year from the date of issuance, and, unless suspended or revoked, must be renewed by the massage establishment operator annually so long as the massage establishment is operating within the City.

(1)    A permittee may apply for a renewal of a permit 30 calendar days prior to the expiration of the permit. If, upon the fourteenth day after the expiration of a permit, an application for renewal has not been received, the permit shall be deemed expired and no privilege to provide massage therapy shall exist. A massage establishment may continue to provide massage under the terms of the previous permit if a timely renewal application has been received and is awaiting a determination by the Police Chief.

(2)    The Police Chief shall renew the permit within 30 calendar days of submission of the application for renewal if the information upon which the original application was granted remains unchanged and no violations of Sections 22-31 through 22-31.16 have been committed. In all other situations, the Police Chief shall approve or deny the application within 60 calendar days.

(d)    No permit shall be sold, transferred, or assigned by the permittee or by operation of law to any other person. Any such sale, transfer, assignment, attempted sale, attempted transfer or attempted assignment shall constitute an immediate revocation of the permit and the permit shall thereafter be null and void. A new owner of a massage establishment must submit a new application for a massage establishment permit. (Ord. 3517 § 3, 2015)

Sec. 22-31.7. Massage establishment permit denial.

(a)    The Police Chief may deny an application for a massage establishment permit on any of the following grounds:

(1)    The massage establishment, as proposed by the applicant, would not comply with the requirements of Sections 22-31 through 22-31.16 and/or with any applicable law, including but not limited to the City’s building, fire, zoning, and health regulations.

(2)    The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a massage establishment permit.

(3)    Any owner of the massage establishment, within five years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense that relates directly to the operation of a massage establishment whether as a massage establishment owner or operator or as a person practicing massage for compensation, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any misdemeanor or felony the commission of which occurred on the premises of a massage establishment.

(4)    Any owner of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code.

(5)    Any owner of the massage establishment, within five years of the date of application, has been convicted in a court of competent jurisdiction of any violation of Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or any other crime involving theft, dishonesty, fraud or deceit; or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses. A violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058; or any offense under a statute of any state or ordinance of any city or county, which is the equivalent of any of the aforementioned offenses, including Business and Professions Code Section 4609(a).

(6)    Any owner of the massage establishment has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the State of California.

(7)    Any owner of the massage establishment who is an individual has not attained the age of 18 years.

(8)    Any owner of the massage establishment, within five years immediately preceding the date of filing of the application, has had a permit or license to practice massage for compensation or to own and/or operate a massage establishment revoked or denied in any jurisdiction.

(b)    If prosecution is pending against the applicant for conduct listed in this section, the Police Chief may postpone decision on the application until the final resolution of the prosecution. As used in this subsection, “prosecution” means charges filed by the district attorney, administrative proceedings brought by a local government or agency, or a civil or administrative action maintained by any city, county, state, or government. (Ord. 3517 § 3, 2015)

Sec. 22-31.8. Massage establishment permit amendment.

The owner of a permitted massage establishment may apply to amend the permit by submitting an application on a form provided by the Police Chief. The application shall be accompanied by the fee established by the City’s fee schedule. The application shall not be granted unless the Police Chief determines that the terms of the amended permit comply with all requirements of Sections 22-31 through 22-31.16 and all other local, State, and Federal laws. An amended permit shall retain its original expiration date. The Police Chief shall approve or deny the application for an amended permit within 60 calendar days.

A massage establishment may continue to provide massage under the terms of the previous permit while an application for an amended permit is awaiting a determination by the Police Chief. (Ord. 3517 § 3, 2015)

Sec. 22-31.9. Massage establishment permit--Suspension, revocation, or restriction.

(a)    The massage establishment operator shall be responsible for the conduct of all massage establishment employees, agents, independent contractors, or other representatives while such persons are on the premises of the massage establishment or providing outcall massage services on behalf of the massage establishment.

(b)    Any massage establishment permit may be suspended, revoked, or restricted where the Police Chief finds that any of the following have occurred on even a single occasion:

(1)    The person(s) to whom the massage establishment permit has been issued, or any person employed or retained by the massage establishment, have violated any provision of Sections 22-31 through 22-31.16 or any relevant California or Federal law.

(2)    The permittee or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated any of the following: California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, of the California Penal Code, or any other crime involving theft, dishonesty, fraud or deceit; or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses. A violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058; or any offense under a statute of any state or ordinance of any city or county, which is the equivalent of any of the aforementioned offenses, including Business and Professions Code Section 4609(a) or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses.

(3)    The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code.

(4)    The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California.

(5)    The permittee or any employee of the massage establishment has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment.

(6)    The permittee has continued to operate the massage establishment after massage establishment permit has expired or been suspended.

(7)    Massage is or has been performed on the premises of the massage establishment, with or without the permittee’s actual knowledge, by any person who is not a duly authorized CAMTC-certified massage professional. (Ord. 3517 § 3, 2015)

Sec. 22-31.10. Notice, hearing, and appeal.

(a)    Any person who has been denied a massage establishment permit; any person whose application for an amended permit has been denied; or any person whose privilege to operate a massage establishment has been suspended, revoked, or restricted shall be notified in writing by means of registered mail, certified mail, or hand delivery of the Police Chief’s decision as well as the person’s right to request a hearing under subsection (c) of this section.

(b)    Notwithstanding the foregoing, the Police Chief may immediately suspend a massage establishment permit without a prior hearing if he or she determines that the continued provision of massage services constitutes an immediate and significant threat to the public health, safety or welfare. In such a case, if requested, the Appeals Hearing Board shall conduct the hearing following the suspension.

(c)    Any person who has been notified in writing by the Police Chief of the denial of a massage establishment permit; any person whose application for an amended permit has been denied; or any person whose privilege to operate a massage establishment has been suspended, revoked, or restricted may request a hearing before the Appeals Hearing Board. The request for a hearing must be in writing and must be made within 10 calendar days from the date of the decision to deny, suspend, revoke, or restrict the permit. If no hearing request is made within this time period, the Police Chief’s notice of denial, revocation, suspension or restriction shall become final and shall go immediately into full force and effect.

(d)    Upon receiving a written request for hearing, the Board shall set a time and place for the hearing not less than 10 days nor more than 60 days thereafter. The applicant or permittee shall be notified of the hearing by means of registered mail, certified mail, or hand delivery at least five days before the hearing date.

(e)    All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Formal rules of evidence shall not apply; any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The City shall have the burden of proof of any violations by a preponderance of the evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness. In the event that the applicant or permittee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the denial, suspension, revocation, or restriction of the permit shall be considered conclusively established.

(f)    Within 30 days of the hearing, the Board shall issue a written decision specifying the reasons for the decision, which shall be delivered by means of registered mail, certified mail, or hand delivery to the applicant or permittee. The decision of the Board shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. (Ord. 3517 § 3, 2015)

Sec. 22-31.11. Massage establishment reapplication.

If a massage establishment permit is revoked or not renewed as a result of violations, no massage establishment permit may be issued at that location for a period of five years from the date of the revocation or nonrenewal. (Ord. 3517 § 3, 2015)

Sec. 22-31.12. Massage establishment--Inspections by officials.

The investigating officials of the City shall have the right as otherwise provided for by law to inspect a massage establishment during regular business hours, without a search or inspection warrant, to ascertain whether there is compliance with the provisions of Sections 22-31 through 22-31.16. (Ord. 3517 § 3, 2015)

Sec. 22-31.13. Massage establishment general operating requirements.

No massage establishment shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, the operation of a massage establishment unless each and all of the following requirements are met:

(a)    Massage operations shall be carried on, and the premises shall be open, only between the hours of 8:00 a.m. and 9:00 p.m. A massage begun anytime before 9:00 p.m. must nevertheless terminate at 9:00 p.m. No client shall be in the establishment between 9:00 p.m. and 8:00 a.m.

(b)    The main entrance to the massage establishment shall be unlocked during posted business hours unless the massage establishment is a business entity owned by one individual with one or fewer employees or independent contractors.

(c)    Display of Permits and Certificates.

(1)    The massage establishment permit shall be displayed in an open and conspicuous place on the premises visible from the main entry door and/or reception and waiting area of the massage establishment.

(2)    Each person employed or retained by a massage establishment to perform massage in or on the premises or through an outcall massage service shall display on his or her person the valid current photograph-bearing identification card issued to that employee by the CAMTC. A copy of each such identification card shall also:

(A)    Be kept in a specific location by management and accessible to any regulatory body performing an inspection; and

(B)    Be displayed in an open and conspicuous place visible from the main entry door and/or reception and waiting area of the massage establishment. The displayed copy need only include the first name and first letter of the last name. The home address of any employee need not be displayed.

(d)    No permittee or employee of a massage establishment shall: (1) expose the sexual or genital parts of the permittee or employee in the course of a massage therapy; (2) touch or expose the sexual or genital part of any other person in the course of a massage therapy; or (3) perform massage therapy on a patron with the intent or purpose of arousing, appealing to, or gratifying the sexual desires of said patron.

(e)    No permittee or employee of a massage establishment shall perform any task or service associated with the massage establishment while nude, semi-nude, or dressed in lingerie, see-through, or transparent attire. Garments shall be maintained in a clean and sanitary condition. The only exceptions will be for specific massage modalities which have been approved by CAMTC.

(f)    No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage establishment.

(g)    Controlled substances may not be consumed in a massage establishment unless the person has a prescription for the substance.

(h)    No person shall enter, be or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, or manager shall not permit any such person to enter or remain upon such premises.

(i)    Condoms or spermicides may not be stored, kept or used for any purpose in a massage establishment. Sexually-oriented implements, paraphernalia, or novelty items that are designed or marketed primarily for the stimulation of human genital organs shall not be stored, kept, or used for any purpose in a massage establishment.

(j)    A minimum of one toilet and wash basin shall be provided for the patrons in every massage establishment. Hot and cold running water under pressure shall be provided to all wash basins, bathtubs, showers, and similar equipment. Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in every toilet room. Every portion of a massage establishment, including appliances and apparatus, shall be kept clean and be operated in a sanitary condition. All massage establishments shall provide clean laundered sheets and towels in sufficient quantity which shall be laundered after each use, and stored in a sanitary manner. Receptacles shall be provided for the storage of used linens and paper towels.

(k)    The name of the designated on-site manager/operator must be posted in an open and conspicuous place on the premises visible from the main entry door and/or reception and waiting area of the massage establishment. It is unlawful for an owner to not have an owner or designated on-site manager/operator on the premises at all times the massage establishment is open.

(l)    No owner, manager, operator, responsible managing employee, or permittee shall permit, and no person performing massage shall offer or perform, any service other than those permitted under Sections 22-31 through 22-31.16.

(m)    A massage establishment may not be used for residential or sleeping purposes unless the massage establishment is properly zoned and has all necessary use permits, and the massage establishment is owned by one individual with one or fewer employees or independent contractors.

(n)    No permittee or employee of a massage establishment shall place, publish, or distribute or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers that any service is available that is prohibited under Sections 22-31 through 22-31.16 nor shall any massage establishment employ language in any advertising text or business name that would reasonably suggest to a prospective client that any service is available that is prohibited under Sections 22-31 through 22-31.16.

(o)    No electrical, mechanical or artificial device shall be used by the owner and/or manager, massage therapist, or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage therapy, or the conversation or other sounds in the massage rooms without the knowledge and written consent of the patron.

(p)    It is unlawful for an owner or designated on-site manager/operator to operate a massage establishment in which any unprofessional conduct occurs as defined by Business and Professions Code Section 4609.

(q)    During hours of operation, no person other than a valid permit holder under Sections 22-31 through 22-31.16, a massage therapist or practitioner, or a patron or a patron’s immediate family member shall be allowed beyond the reception area of the massage establishment. Patrons and visitors shall only be permitted in the massage establishment during the hours of operation. Patrons shall only be permitted in massage treatment areas if at least one massage therapist or massage practitioner is on the premises of the massage establishment. (Ord. 3517 § 3, 2015)

Sec. 22-31.14. Applicability to existing massage establishments.

(a)    All persons currently holding a valid massage establishment permit shall have three months following the enactment of the ordinance codified in Sections 22-31 through 22-31.16 in which to comply with the requirements of Sections 22-31 through 22-31.16. If a permittee does not attain compliance within the prescribed time limits, the Police Chief shall immediately suspend or revoke the permittee’s permit(s).

(b)    Any business that holds itself out as a massage establishment in any way will be subject to the provisions of Sections 22-31 through 22-31.16. (Ord. 3517 § 3, 2015)

Sec. 22-31.15. Penalty for violation.

Any person violating or failing to comply with any of the provisions of Sections 22-31 through 22-31.16 shall be guilty of a misdemeanor. Every person who violates any provision of Sections 22-31 through 22-31.16 may also be subject to administrative citations under Sections 1-9 though 1-9.12, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violations of this code. (Ord. 3517 § 3, 2015)

Sec. 22-31.16. Severability.

If any section, subsection, sentence, clause or phrase of Sections 22-31 through 22-31.16 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of Sections 22-31 through 22-31.16. In addition, the City Council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of Sections 22-31 through 22-31.16 would be subsequently declared invalid or unconstitutional. (Ord. 3517 § 3, 2015)

Sec. 22-32 Second Hand Dealers

(a)    No person, firm, corporation, partnership, or other legal entity doing business as a “second hand dealer” as that term is defined in Business and Professions Code S. 21626 shall allow any agent, employee, or other person to purchase, trade, or otherwise transfer legal ownership of any “tangible personal property” as defined in Business and Professions Code S. 21627, until and unless aid agent, employee, or other person shall first secure a permit from the Monterey Police Department.

(b)    The Police Department shall issue permits to agents and employees of second hand dealers upon completion of an application which shall include the person’s name, address, phone number, social security number, list of previous aliases, list of prior arrests, (other than traffic offenses), list of prior convictions (other than traffic offenses), and any financial interest in any pawnshop, second hand dealership, jewelry outlet, coinshop, or metal smelting/refinery operation. Said person shall also submit to having his or her fingerprints taken and allow the Police Department to conduct background and records investigations.

(c)    All second hand dealers required by Business and Professions Code S 21636 to retain tangible personal property in their possession for a period of 30 days, shall maintain such property upon the premises or within the City of Monterey. Upon a showing of hardship or good cause, any such individual may be permitted in writing by the Chief of Police to remove said tangible personal property from the city limits, but in no case shall said property be removed to location further than five (5) miles from the City of Monterey during this 30 day period.

Sec. 22-33. Prohibition in Designated Public Restrooms.

No person shall change clothes in any public restroom facility identified by the City Council as inappropriate for such activity, and which is appropriately signed.

No person shall bring any scuba diving equipment under his or her possession or control into any public restroom facility designated by the City Council as inappropriate for such equipment, and which is appropriately signed. The term scuba diving equipment shall include masks, swimfins, air tanks and regulators, weight belts, knives, wetsuits and similar equipment used for underwater diving activity. The provisions of this paragraph notwithstanding, a wetsuit worn by an individual and which is not wet, dirty, or covered with sand may be worn in restrooms while the person is utilizing the facilities in an otherwise lawful manner.

Section 22-34. Regulation of Escort Services.

I. PURPOSE; DEFINITIONS.

(a) Purpose and intent. It is the purpose and intent of this Section to provide for the orderly regulation of escort services in the City of Monterey by establishing certain minimum standards for the conduct of these types of businesses to protect the public health and welfare of the residents of the City.

(b) Definitions. Whenever used in this Section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:

1. “Escort service” means any business, agency or person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany clients or other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any public place or within any private quarters.

2. “Escort” means any person who, for a fee, commission, hire, reward or profit, accompanies other persons to or about social affairs, entertainments or places of amusement or consorts with others about any public place or within any private quarters.

3. “Permit” shall mean either a permit to operate an escort service or to engage in the activities of an escort as required by this Section.

4. A “crime of moral turpitude” is defined as a crime which infringes upon the moral sentiment of the community, as distinguished from acts prohibited by statute or other law.

(c) Exemptions: The provisions of this Section shall not apply to businesses, agencies or persons that provide escort services for older persons as defined in California Welfare and Institutions Code Section 9406, when such services are provided as part of a social welfare and health program.

(c) Renewal. Permits issued under this Section shall be valid for one year from the date of issuance, unless revoked sooner by the Chief of Police, and shall be renewed on an annual basis. The applicant shall pay a nonrefundable renewal fee in an amount established by resolution of the City Council.

(d) Non-transferability. Permits issued under this Section shall be non-transferrable. Upon the transfer of ownership or control of an escort service, the escort service permit shall immediately be null and void, and a new permit must be applied for by the new owner.

(e) Application to Existing Escort Services and Escorts. Any escort service or escort operating within the City of Monterey shall have ninety (90) days from the effective date of this Section to obtain a permit pursuant to the requirements herein.

II. ESCORT SERVICE.

(a) Permit required. It shall be unlawful for any person, association, partnership, corporation or other entity to engage in, conduct, carry on, in or upon any premises within the City of Monterey, the business of an “escort service” as herein defined, without a permit issued by the City of Monterey pursuant to the provisions of this Section. The permit required shall be in addition to any other escort permits required by this provision and any business license required by this Code.

(b) Application for Escort Service Permit - Fee. Any person, association, corporation, partnership or other entity desiring to obtain a permit to operate an escort service shall make application to the Police Chief or his or her designated representative. Prior to submitting such application, a nonrefundable fee as established by resolution of the City Council shall be paid to the City of Monterey to defray the cost of investigation required by this Section. Application for a permit does not authorize operation of an escort service until such permit has been granted.

(c) Application for Escort Service Permit - Contents. Each application for an Escort Service Permit shall be submitted on a form furnished by the Police Department, furnishing the following information and including the accompanying data required:

1. The full, true name and any other names used by the applicant and all owners of the business, and their present addresses and telephone numbers;

2. The previous addresses of the applicant and all owners of the business, for a period of five (5) years immediately prior to the date of the application and the dates of residence of each;

3. Acceptable written proof that the applicant and all owners of the business are at least eighteen (18) years of age;

4. The business, occupation or employment history of the applicant and all owners for the five (5) years immediately preceding the date of application;

5. The criminal record, if any, of the applicant and all owners of the business, showing any and all convictions of the offenses listed in Section 22-34(II)(e)(5);

6. A detailed description of the proposed business, including the name of the business, the types of services to be provided, the hours of operation, whether the proposed business will operate as a home occupation, and whether other services, including but not limited to massage services, will be provided;

7. The names and dates of birth of all persons currently employed or intended to be employed by the escort service, regardless of the nature of the employment and including independent contractors, along with the proposed or actual nature of the work performed or to be performed. “Employee” includes every owner, partner, manager, supervisor and worker, whether paid or not, who renders personal services of any nature in the operation of an escort service;

8. Whether the applicant or any owners of the proposed establishment intend to personally act as escorts;

9. Such other identification and information as the Police Department may require, such as fingerprints and or photographs of the applicant, in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application; and

10. A statement in writing by the applicant certifying under penalty of perjury that the foregoing information contained in the application is true and correct, and specifically authorizing the City, its agents and employees to seek information to verify the truth of the statements set forth in the application and the qualifications of the applicant for the permit. Applicant shall sign the application under penalty of perjury and in the presence of a Monterey Police Department staff member.

(d) Applicant to appear. The applicant, if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally appear at the Police Department of the City of Monterey to present the application containing the aforementioned and described information, to produce proof that the application fee has been paid, and to sign the application under penalty of perjury.

(e) Investigation - Issuance of permit. Upon the receipt of the completed application for Escort Service Permit, the Police Chief shall have sixty (60) days to investigate the application and the background of the applicant, and owners including, but not limited to, any past criminal convictions as provided by the Department of Justice or other legally authorized agency. Upon completion of the investigation, the Police Chief may grant the permit, or may deny the permit if he finds lack of compliance with any of the following:

1. The required fee has been paid;

2. The applicant conforms in all respects to the provisions of subsection (c) above;

3. The applicant has not made any false, misleading or fraudulent statements in the application;

4. The applicant has fully cooperated in the investigation of his or her application;

5. The applicant, if an individual, or any officers, directors, or shareholders of the corporation holding more than five percent (5%) of the stock, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, have not within the last ten (10) years been convicted in a court of competent jurisdiction of:

A. An offense involving conduct which requires registration under California Penal Code section 290;

B. Any offense in violation of Penal Code sections 266, 314, 315, 316, 318, 647(a), 647(b) or 647(h);

C. An offense involving violation of California Health and Safety Code Sections 11351 through 11354, 11358 through 11363, 11378 through 11380, or involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health & Safety Code;

D. Abatement proceedings under the California Red Light Abatement Act (Penal Code sections 11225 through 11325);

E. Any offense involving lewd conduct, the use of force or violence upon another person, fraud, deceit, or moral turpitude;

F. An attempt to commit or conspiracy to commit any of the above mentioned offenses; or

G. Conviction in any state of an offense which, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses.

6. The escort service business, as proposed by applicant, would comply with all applicable laws, including but not limited to zoning, fire and safety requirements and standards;

7. The applicant and all owners are at least eighteen (18) years of age;

8. The applicant has not engaged in conduct which would constitute grounds for suspension or revocation under this Section.

(f) Temporary permit. If relevant Department of Justice state summary criminal history information is not received within the sixty-day (60) investigation period, the Police Chief is authorized to issue a temporary permit, valid for a ninety-day (90) period. A final decision granting or denying a permit shall be made after receipt of such summary criminal history information. If the permit is granted, its effective date shall be the date of issuance of the temporary permit. If the permit is denied, the temporary permit shall expire upon notice of the denial.

(g) Denial of permit application - Appeal. If the Police Chief, following investigation of the applicant, finds that the applicant does not fulfill the requirements set forth herein, he shall deny the application and notify the applicant by first-class mail of such denial. Any applicant who is denied a permit by the Police Chief may appeal such denial to the City Manager, pursuant to the provisions of section 22-34(V)(d)(2)-(5) herein.

(h) Escort Permit required. Possession of a valid escort service permit does not authorize the holder thereof to personally perform work for which an escort permit is required.

III. ESCORTS.

(a) Permit required. It shall be unlawful for any person to engage in the business of acting or to act as an escort, as defined herein, without a valid Escort Permit issued pursuant to the provisions set forth below. The Escort Permit shall be in addition to any Escort Service Permit or any business license which may be required by law.

(b) Application for Escort Permit - Fee. Any person desiring to obtain a permit to act as an escort shall make application to the Police Chief or his or her designated representative. Prior to submitting application, a nonrefundable fee as established by resolution of the City Council shall be paid to the City of Monterey to defray the cost of investigation required by this Section. Submission of an application for a permit does not authorize the applicant to act as an escort until a permit has been granted.

(c) Application for Escort Permit - Contents. Each escort permit application shall be submitted on a form furnished by the Police Department and shall set forth the following information to include the accompanying data required:

1. The full, true name and any other names used by the applicant;

2. The present address and telephone number, as well as the previous addresses of the applicant for a period of five (5) years immediately prior to the date of application and the dates of residence of each;

3. The name and address of the escort service and name of the owners of the escort service where applicant is to be employed, if any;

4. The birth certificate of applicant or other acceptable written proof that applicant is at least eighteen (18) years of age;

5. The applicant’s height, weight, color of eyes and hair and date and place of birth;

6. Two photographs at least 2" X 2" taken within the last six (6) months, together with a complete set of fingerprints taken by the Chief of Police or his or her agent;

7. The criminal record, if any, of applicant, showing any and all convictions of the offenses listed in Section 22-34(II)(e)(5);

8. Such other identification and information as the Police Department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application; and

9. A statement in writing by the applicant signed under penalty of perjury that the foregoing information contained in the application is true and correct, and specifically authorizing the City, its agents and employees to seek information to verify the truth of the statements set forth in the application and the qualifications of the applicant for the permit. Applicant shall sign the application under penalty of perjury and in the presence of a Monterey Police Department staff member.

(d) Applicant to appear. The applicant for an Escort Permit shall personally appear at the Police Department of the City of Monterey to produce proof that the application fee as set by resolution of the City Council has been paid, present the application containing the aforementioned and described information, and sign the application under penalty of perjury.

(e) Investigation - Issuance of permit. The Police Chief shall have sixty (60) days to investigate the application and the background of the applicant. Upon completion of the investigation, the Police Chief may grant the permit, or may deny issuance of the permit if he or she finds lack of compliance with any of the following:

1. The required fee has been paid;

2. Applicant conforms in all respects to the provisions of subsection (c) above;

3. Applicant has not made any false, misleading or fraudulent statements in the application;

4. Applicant has fully cooperated in the investigation of his or her application;

5. Applicant has not been convicted in a court of competent jurisdiction within the last ten (10) years of the violations set forth in section 22-34(II)(e)(5) herein;

6. Applicant is at least 18 years of age;

7. Applicant has not engaged in conduct which would constitute grounds for suspension or revocation under this Section.

(f) Temporary permit. If relevant Department of Justice state summary criminal history information is not received within the sixty-day (60) investigation period, the Police Chief is authorized to issue a temporary Escort Permit, valid for a ninety-day (90) period. A final decision granting or denying a permit shall be made after receipt of such summary criminal history information. If the permit is granted, its effective date shall be the date of issuance of the temporary permit. If the permit is denied, the temporary permit shall expire upon notice of the denial.

(g) Escort Permit - Denial - Appeal. If the Police Chief, following investigation of the applicant, finds that the applicant does not fulfill the requirements set forth above, he or she shall deny the application and notify the applicant by first-class mail of such denial. Any applicant who is denied a permit by the Police Chief may appeal such denial pursuant to the provisions of section 22-34(V)(d)(2)-(5) herein.

IV. PROHIBITED CONDUCT.

The following regulations shall apply to all escort services and escorts permitted under this Section.

(a) Age of customer. It shall be unlawful for any escort service or escort to allow any person under the age of 18 years to patronize an escort service as a customer or patron.

(b) Nudity prohibited. It shall be unlawful for any escort or client of an escort, or for any escort service to allow or permit its employees or clients, to be nude, semi-nude, dressed in lingerie or be other than fully clothed at all times when performing or utilizing escort services. Clothing shall be fully non-transparent and provide complete covering of the genitals, pubic area, buttocks and chest.

(c) Massage Establishment Permit and/or Massage Practitioner Permit Required. Any escort service or escort who performs or offers massage as part of their escort services shall obtain a Massage Establishment Permit and/or Massage Practitioner Permit, as appropriate, pursuant to the provisions of Monterey City Code section 22-31.

V. FAILURE TO COMPLY.

(a) Escort service responsibility. No permittee, owner, operator or manager of an escort service shall allow or permit any agent, employee, or other person under his or her control or supervision to perform any acts prohibited, or to fail to perform any acts required, by this Section. Any such performance or failure to perform shall be subject to the provisions set forth below.

(b) Violations - Misdemeanors. Violation of any provisions of this Section shall constitute a misdemeanor and may be prosecuted criminally as set forth in Monterey City Code section 1-7.

(c) Violations - Public nuisance. Any escort service or escort operating contrary to the provisions of this Section shall be, and the same is hereby declared to be, unlawful and a public nuisance. The City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action for abatement, removal or enjoinment thereof, in the manner provided by law or as set forth in Monterey City Code section 1-7.

(d) Violations - Suspension or revocation of permit.

1. Basis for suspension or revocation. The Police Chief may suspend or revoke an Escort Service Permit or Escort Permit if he or she finds that a permittee has:

A. Knowingly made any false, misleading, or fraudulent statements in their permit application or application for renewal of same;

B. Violated any provision of this Section or any other ordinance, law or statute relating to or regulating permittee’s permitted activity; or

C. Been convicted of or arrested for violation of any of the offenses listed in section 22-34(II)(e)(5) herein.

The permittee shall be provided written notice by first class mail, postage prepaid, of such suspension or revocation.

2. Appeal to City Manager. The permittee may file an appeal with the City Manager’s Office within fifteen (15) days of the date of the mailing of the notice of suspension or revocation. In the event an appeal is timely filed, the suspension or revocation shall not take effect until a final decision has been rendered by the City Manager, or his or her designee. If no appeal is timely filed, the denial, suspension or revocation shall become effective upon expiration of the period for filing appeals.

3. Hearing before City Manager. The City Manager, or designee, shall schedule a hearing to be held within fifteen (15) days after the filing of the notice of appeal. Notice of the date, time and place of the hearing shall be mailed, postage prepaid, at least ten (10) days prior thereto to the appellant.

The City Manager, or designee, shall conduct an informal hearing on the appeal. Formal rules regarding evidence and witnesses shall not apply. Appellant may have legal counsel and both parties shall have the right to present evidence and call witnesses; however, parties are encouraged to submit as much evidence as is possible by way of written briefs and declarations. In the event that the appellant fails to appear at the hearing, the existence of facts which constitute grounds for revocation or suspension of the permit shall be considered conclusively established. A copy of the decision of the hearing officer specifying the reasons for the decision shall be furnished to the appellant.

4. Appeal to the City Council. The permittee may file an appeal to the City Council with the City Clerk’s Office within fifteen (15) days of the date of the mailing of the decision of the City Manager or designee. In the event an appeal is timely filed, the suspension or revocation shall not take effect until a final decision has been rendered by the City Council. If no appeal is timely filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals.

5. Hearing before City Council. The City Clerk shall schedule a hearing before the City Council to be held within forty-five (45) days of the filing of the notice of appeal. The City Clerk shall provide notice of the hearing to the appellant, which shall include the date, time and place of the hearing. Once commenced, the hearing may be continued until it can be completed.

Formal rules regarding evidence and witnesses shall not apply at the hearing. Appellant may have legal counsel and both parties shall have the right to present evidence and call witnesses; however, parties are encouraged to submit as much evidence as is possible by way of written briefs and declarations. The City Council shall have the authority to rule on admissibility of evidence.

The City Council shall determine, after consideration of all evidence presented, whether a permit should be reinstated, suspended or revoked. The decision of the City Council shall be final.

ARTICLE 2 (Ord 3481; 07/2013)
GRAFFITI

Sec. 22-35 Findings and Purpose.

(a)    The Monterey City Council finds that the presence of graffiti on public and private property within the City can cause the aesthetic deterioration of neighborhoods and commercial areas, creates blight and, if not promptly abated, may lead to further placement of graffiti and the aesthetic deterioration of areas within the City of Monterey.

(b)    The Monterey City Council finds and determines that graffiti is obnoxious and a public nuisance, and must be eliminated by means of prevention, education, and abatement to avoid the detrimental impact of such graffiti on the City and its residents, and to prevent the further spread of graffiti. Prompt removal is a disincentive to graffiti and minimizes the blight created by graffiti.

(c)    The purpose of this article is to promote the health, safety, and general welfare of the community by creating an aesthetically pleasing environment in which graffiti is declared a nuisance which must be promptly abated by property owners and imposing penalties on vandals. (Ord. 3481 § 2, 2013)

Sec. 22-35.1 Definitions.

(a)    As used in this chapter, “graffiti” means any unauthorized form of painting, scratching, writing or inscription, regardless of the content or nature of the material used, which is placed upon any private structure, fixture, sign, sidewalk, or other real or personal property in any location where it can be viewed from any public street, bay, walkway, building, park, facility, or any other public property, or upon any public structure, fixture, sign, sidewalk, or other real or personal property, and which is without the authorization of the owner or any other person in control of the property.

(b)    “Owner” means any person, firm, corporation, partnership or other entity, owning property either public or private, whose name or title appears on the last equalized assessment roll with the Monterey County Recorder’s office, or the lessee, tenant or other person having control or possession of the property. (Ord. 3481 § 2, 2013)

Sec. 22-35.2 Graffiti Declared a Nuisance and Prohibited.

It shall be a nuisance for any person to place graffiti upon any property located within the City of Monterey. Any owner of property within the City of Monterey shall remove any graffiti on his/her property within five days of notice of its placement on such property. Maintenance of property in violation of this section is a public nuisance. (Ord. 3481 § 2, 2013)

Sec. 22-35.3 Penalties and Remedies and Graffiti Abatement.

(a)    The remedies provided for in this section are in addition to any the City might have under Chapter 1, Article 2 (Administrative Remedies) of this code; Chapter 22, Article 4 (Abatement of Public Nuisances) of this code; or applicable law.

(b)    The City may impose a graffiti nuisance abatement lien pursuant to State law against the property of the individual who defaces property with graffiti, or, if the individual is a minor, a lien against the property of the parent or guardian, by following the procedures set forth under Section 1-12.1, as enhanced or modified by Government Code Section 38771 et seq. In accordance with State law, the City may make the expense of abatement a personal obligation against the individual, or, if the individual is a minor, against his/her parent or guardian. If the individual is a minor, the parent or guardian shall be jointly and severally liable with the minor. An administrative citation may be issued for violations relating to graffiti offenses against the responsible person(s) and/or, if the responsible person is a minor, against the parent(s) or guardian(s) having custody and control of the minor. (Ord. 3481 § 2, 2013)

ARTICLE 3
RESERVED

(Repealed by Ord. 3442 C.S.)

ARTICLE 4 (Ord 3390; 08/07)
ABATEMENT OF PUBLIC NUISANCES

§ 22-38    General Definitions

§ 22-38.1    Public Nuisances Prohibited

§ 22-38.2    Nuisances Defined

§ 22-38.3    Remedies for Public Nuisance

§ 22-38.4    Administrative Order

§ 22-38.5    Summary Abatement

Sec. 22-38 General Definitions.

For the purposes of this Article, the following definitions shall apply:

(a)    “Enforcement Officer” shall mean any City employee or agent of the City granted the authority by the City Manager to enforce any provision of this Code, including, but not limited to, the Code Enforcement Officer, Fire Prevention Officer, Animal Control Officer, and any Police Officer.

(b)    “Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such manner and to such an extent as the enforcement officer in his or her judgment determines is necessary in the interest of the public health, safety and welfare.

(c)    “Premises” means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

Sec. 22-38.1 Public Nuisances Prohibited.

No person shall have upon any premises or real property owned, occupied or controlled by him or her, any public nuisance as defined in this Article or anywhere else in this Code. Whenever an enforcement officer determines that any of such conditions exist upon any premises, he or she may require or provide for the abatement thereof pursuant to this Article.

Sec. 22-38.2 Nuisances Defined.

The following conditions are hereby defined as and declared to be a public nuisance:

(a)    Any accumulation of filth, garbage, waste paper, litter, rubble, rubbish, combustible trash, unsanitary debris or waste material or decaying animal or vegetable matter upon any public or private property unless contained in a proper trash receptacle in compliance with Chapter 14 of this Code;

(b)    The existence of any dead, diseased, infested, or dying tree in any street; or on any private property so near to any street tree as to constitute a danger to street trees, or streets, or portions thereof, so as to be a danger to the public safety;

(c)    The existence of any tree or shrub on any private property or in any street, of a type or species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees, gutters, sewers, other public improvements, including utility mains or services;

(d)    The existence within the thirty-five foot triangle of property at the intersection of streets improved for vehicular traffic, of any tree limb, shrub, hedge, or plant exceeding three feet in height where either traffic signals, stop signs, or yield signs are not installed, or at any intersections which are determined by the chief transportation official to contain tree limbs, shrubs, hedges, or plants that obscure and impair the view of passing motorists or pedestrians so as to create a safety hazard;

(e)    The existence of any branches or foliage which interfere with visibility on, or free use of, or access to, or obstruct public vehicular or pedestrian travel on any portion of any street improved for vehicular or pedestrian travel, including a sidewalk;

(f)    Any buildings, structures, or portion thereof found to be unsanitary;

(g)    Any matter or material which constitutes, or is contaminated by, animal or human excrement, urine or other biological fluids;

(h)    Any visible or otherwise demonstrable growth of mold or mildew in the interiors of any buildings or facilities;

(i)    Any pest harborage or infestation including but not limited to rats, pigeons, skunks, raccoons, opossums, or snakes;

(j)    Any noxious insect harborage or infestation including, but not limited to cockroaches, fleas, scabies, lice, spiders or other arachnids, houseflies, wasps or mosquitoes;

(k)    The existence of any act or condition that presents a fire, panic, or life safety hazard, or would contribute to the rapid spread of fire or inhibit mitigation or increase the chance of release of hazardous material, or would interfere with, hinder or delay the egress of occupants or response of emergency personnel;

(l)    The storage or keeping of any used or unused building material, including but not limited to lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, concrete block, roofing materials, cans of paint and similar materials, in a location out of doors for more than thirty days within a year; provided, that nothing in this subsection shall:

1.    Prohibit such storage upon the premises of a bona fide lumberyard or other dealer in building materials when the same is permitted under the Zoning Code and other applicable laws;

2.    Prohibit such storage when done in conjunction with a construction project for which a valid building permit is in effect if required and which is being prosecuted diligently to completion.

(m)    The storage, or keeping in a location out of doors, any unused and abandoned open pit or excavation, building foundation, automobile, trailer, or other vehicle or major parts thereof, or indoor furniture. Without limiting the foregoing, any such item stored or kept for a period in excess of thirty days in a year shall be presumed to be unused and abandoned for purposes of this provision;

(n)    The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk or place, which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition;

(o)    Any other condition of property defined as a nuisance or public nuisance by any other section of this Code;

(p)    Any other condition on or use of property which is in fact a menace to the public peace, health, or safety;

(q)    Any violation of any Uniform Code or City amendment thereto;

(r)    Any business or use of property in violation of the City’s Municipal Code. (Ord. 3472 § 11, 2012)

Sec. 22-38.3 Remedies for Public Nuisance.

Public nuisances under this Article may be remedied using the procedures set forth in Article 2 of Chapter 1 of the Monterey City Code, known as the Administrative Remedies Ordinance. These remedies include issuance of Administrative Citations (Monterey City Code section 1-9 et seq.) and utilization of the Administrative Orders process (Monterey City Code section 1-10 et seq.). These remedies shall be in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any public nuisance.

Sec. 22-38.4 Administrative Order

Imposition of an Administrative Order by the Administrative Appeals Hearing Board pursuant to Monterey City Code Sections 1-10 et seq. may result in any or all of the following:

1.    An order to abate the nuisance, including a schedule for correction where appropriate;

2.    Imposition of administrative penalties;

3.    Imposition of administrative costs;

4.    Interest on such penalties and costs at the legal rate;

5.    Abatement of said nuisance by City with the full cost of abatement plus all administrative costs charged to the property owner;

6.    Enforcement of any unpaid administrative costs, penalties and interest, or any unpaid nuisance abatement costs incurred by City, as a personal obligation of the property owner;

7.    Imposition of a lien or special assessment against the property for any unpaid administrative costs, penalties and interest, or for any unpaid nuisance abatement costs incurred by City. Such lien or special assessment shall be imposed as provided in Monterey City Code sections 1-12 through 1-12.3 inclusive.

Sec. 22-38.5 Summary Abatement.

(a)    The City may, forthwith and without notice or prior order of the City Council or Administrative Appeals Hearing Board, abate the following nuisances:

1.    Any nuisance defined by statute, ordinance or resolution as a public nuisance which constitutes an immediate danger to persons or property; or

2.    A nuisance defined by statute, ordinance or resolution as a public nuisance which is located and maintained on public property, including but not limited to any street, highway, easement, park or building.

(b)    No notice need be given to any property owner or to the person or persons who created, caused, committed or maintained said nuisance prior to the City acquiring jurisdiction to enter the property and abate the nuisance. Following acquisition of jurisdiction, City or a contractor designated by City shall enter upon the private property for the purpose of abating the nuisance. All costs, including administrative costs, of such abatement shall be imposed on the property owner or person responsible for such nuisance, and may be enforced as a personal obligation, or as a lien or special assessment against the property as set forth in Monterey City Code section 1-12 et seq. herein.

Sec. 22-38.6 Liability for Costs.

In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party shall be entitled to recover reasonable attorneys’ fees. The recovery of attorneys’ fees by the prevailing party shall be limited to those actions or proceedings in which the City elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding. (Ord. 3472 § 12, 2012)

Sec. 22-39 Prohibiting Medical Marijuana Dispensaries, Delivery, and Cultivation, and Marijuana Dispensaries and Marijuana Sales.

(a)    Medical Marijuana Dispensaries Prohibited. Medical marijuana dispensaries are prohibited in the City of Monterey. No person shall locate, operate, own, suffer, allow to be operated or aid, abet, lease to or assist in the operation of any fixed or mobile medical marijuana dispensary within the City in any zone. The operation of a medical marijuana dispensary in the City of Monterey shall constitute a public nuisance.

“Medical marijuana dispensary” is defined as any facility, clinic, cooperative, club, business, group or location, whether fixed or mobile, where medical marijuana is made available to, exchanged, sold, or distributed to a qualified patient, a person with an identification card, and/or a primary caregiver as defined by State law. A medical marijuana dispensary shall not include the following uses, as long as the location of such use is otherwise in accordance with this code and other applicable law:

1.    A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

2.    A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

3.    A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.

4.    A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

5.    A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.

(b)    Medical Marijuana Delivery Prohibited. Deliveries of medical marijuana and medical cannabis products are prohibited. “Delivery” is as defined in Business and Professions Code Section 19300.5(m), as this section may be further amended.

(c)    Medical Marijuana Cultivation Prohibited. Marijuana cultivation by any person or business, including but not limited to primary caregivers, qualified patients, collectives, cooperatives, or dispensaries, is prohibited.

(d)    Marijuana Dispensaries Prohibited. Marijuana dispensaries are prohibited in the City of Monterey. No person shall locate, operate, own, suffer, allow to be operated or aid, abet or assist in the operation of any fixed or mobile marijuana dispensary within the City in any zone. The operation of a marijuana dispensary in the City of Monterey shall constitute a public nuisance.

“Marijuana dispensary” is defined as any facility, clinic, cooperative, club, business, group or location, whether fixed or mobile, where marijuana is made available to, sold, exchanged, or distributed to any person. A marijuana dispensary shall not include the following uses, as long as the location of such use is otherwise in accordance with this code and other applicable law:

1.    A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

2.    A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

3.    A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.

4.    A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

5.    A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.

(e)    Marijuana Sales Prohibited.

1.    No person shall grow, sell, exchange, or distribute marijuana within the City in any zone, or engage in any operation for this purpose.

2.    No person shall make, sell or distribute any marijuana-infused product such as tinctures, baked goods or other consumable products, or participate in any operation for this purpose. (Ord. 3532 § 3, 2015; Ord. 3465, 2011)