Chapter 9.01
GENERAL OFFENSES
Sections:
9.01.050 Discharging firearms.
9.01.070 Handbills, distribution of.
9.01.080 Jumping on, off railroad trains.
9.01.090 Cruelty to police dogs.
9.01.100 Loitering in public parks.
9.01.010 Disorderly conduct.
A. Definitions.
“Apartment houses” means any structure designed, built or rented for occupation as a home by three or more families, each living in a separate apartment containing cooking facilities.
“Drive-in restaurant or drive-in stands” shall mean and include any restaurant, or any place where food or beverages or other refreshments are sold to the public, and so designed as to accommodate the automobile or other vehicles operated or occupied by patrons or customers of said restaurant receiving service in said automobile or vehicle.
“Hotel” shall include motel, motor hotel and motor court.
“Public place” means the area outside a home in which a stranger is able to walk without challenge.
“Trailer court or trailer park” shall mean and include any area or tract of land where space is rented or held out for rent and intended for occupancy by two or more coaches or trailer houses.
B. It shall be unlawful for any person in the City to:
1. Use offensive, lewd, vulgar, licentious, profane, threatening, abusive or insulting language within the hearing of any other person to the annoyance of such person, in any public place, or any place open to the patronage of the public.
2. Engage in or be a party to any boisterous or offensive conduct or behavior in any public place or any place open to the patronage of the public.
3. Shout or wilfully make any loud, raucous noise, either outside or inside a public building or a building open to the patronage of the public, to the annoyance or disturbance of any other person inside or outside said building.
4. Congregate with two or more other persons on any public street or in any public place, or in any place open to the patronage of the public, when the purpose of so congregating is to annoy, disturb or interfere with the lawful discharge or pursuit of any lawful business or occupation by any other person, or to maliciously interfere with or annoy any occupant, licensee, guest or invitee lawfully on such place, by words, act or conduct generally offensive to the community and to such occupant, licensee, guest or invitee.
5. Become part of, or remain in a group of three or more persons in any public place or any place open to the patronage of the public, when any member of such group is engaged in the commission of a felony or a misdemeanor; or when any member of such group is about to engage in the commission of a felony or a misdemeanor, and after disobedience to a request to disperse has been made to such persons by a law enforcement officer or by the owner or person in charge of said premises.
6. Utter, or use within the hearing of any other person, any language, words, epithets, expressions or remarks, designed or having a tendency to incite or create a breach of the peace.
7. Incite or encourage by words or conduct, disobedience to any lawful order or request of any law enforcement officer pursuant to and in the performance of his duties.
8. Wander, idle or loiter on any of the grounds of any hotel, apartment house, bungalow court, rooming house or in any of the corridors, passageways, hallways, lobbies, walkways, verandas, terraces or swimming pools of any such places, or to wander, idle or loiter in, upon or around any professional, business, financial or commercial buildings or industrial establishments, without lawful business, or when not authorized by the owner or manager of said premises.
9. Wander, idle or loiter on any parking lot, or on the grounds of any drive-in restaurant, trailer court or trailer park, whether in an automobile or not, without lawful business with the owner or occupant of said places.
10. Park any automobile or other vehicle, whether attended or not, upon any private parking lot intended for the employees, customers, clients or patrons of any professional, business, commercial or industrial establishments when such parking lot is posted at the entrance thereof in a conspicuous manner conveying the information to the public that such parking lot is reserved for such employees, customers, clients and patrons of said professional, business, commercial or industrial establishment.
11. Enter the premises, including the grounds of any private residence, for the purpose of participating in any festivity, party, social function, social affair, dance, ceremony or private gathering of persons, unless such person so entering the premises or grounds, was at the time of such entering, an invitee or guest of the occupant of said premises; and no person under false pretense of being an invitee or guest shall gain admittance to any such premises or grounds.
C. Exceptions. This section shall not apply to members of the military or naval forces of the United States or of the State Militia in obedience to lawful orders of duly constituted authority.
D. Infraction. The violation of any of the provisions of this section is hereby declared to be an infraction. (Ord. 2010-3 § 1, 4-13-2010; Ord. 77-5, 2-22-1977; Ord. 223, 4-25-1961)
9.01.020 Intoxication.
It shall be unlawful for any intoxicated person to be upon the streets or sidewalks, or in or about any railroad depot, or the lobby of the United States Post Office, or in or about any theater, show, church, race track, ball game or other public exhibition or upon any unenclosed lot in the corporate limits of the City. (Ord. 13, 7-14-1908)
9.01.021 Drinking in public.
A. No person shall drink and/or be in possession of an open container, including, but not limited to, any bottle, can or other receptacle containing any beer, wine or other intoxicating beverage on any public street, sidewalk, alley, playground, or walkway except:
1. In the geographic area immediately surrounding a community-wide event which has received the prior written approval of the City Manager or designee which shall specify the boundaries of the exempted area and the duration of the exemption;
2. In or on the property of an establishment, business place, outdoor dining area or other location properly licensed for the consumption of alcoholic beverages under the Alcoholic Beverage Control Act of the State of California.
B. No person shall drink and/or be in possession of an open container containing any intoxicating beverage on any private parking lot held open to the public except for intoxicating beverages dispensed or consumed on a private parking lot pursuant to a license issued for that purpose by the State of California. Nor shall any person drink and/or be in possession of any open container containing any intoxicating beverage on any public parking lot except those that directly abut a City park, and only with advance written approval of the Public Works Director. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the State of California.
1. The City Council recognizes that there is an increasing problem both nationally and locally involving persons who consume alcoholic beverages in public. The City Council finds that there is risk to the public health and safety when:
a. Subsequent public intoxication occurs;
b. Opened and empty alcoholic beverage containers left behind;
c. Urination in public, from overconsumption of alcoholic beverages. (Ord. 2010-3 § 2, 4-13-2010)
9.01.030 Gambling.
A. Every person who deals, plays or carries on, opens or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noir, rondo, tan, fan-tan, stud-horse poker, seven-and-a-half, twenty-one, hokey-pokey or any banking or percentage game played with cards, dice or any device for money, checks, credit or other representative of value, and every person who plays or bets at or against any of said prohibited games, is guilty of an infraction1.
B. Every person who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagee or otherwise, or who permits to be placed, maintained or kept, in any room, space, enclosure or building owned, leased or occupied by him, or under his management or control, any slot or card machine, contrivance, appliance or mechanical device, upon the result of action of which money or other valuable thing is staked or hazarded, and which is operated, or played, by placing or depositing therein any coins, checks, slugs, balls or other articles or device, or in any other manner and by means whereof, or as a result of the operation of which any merchandise, money, representative or articles of value, checks or tokens, redeemable in, or exchangeable for money or any other thing of value, is won or lost, or taken from or obtained from such machine, when the result of action or operation of such machine, contrivance, appliance or mechanical device is dependent upon hazard or chance, and every person who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagee or otherwise, or who permits to be placed, maintained or kept, in any room space, enclosure or building owned, leased or occupied by him, or under his management or control any cards, dice or any dice having more than six faces or bases each, upon the result of the operation of which any merchandise, money, representative or article of value, check or token, redeemable in or exchangeable for money or any other thing of value, is won or lost or taken, when the result of action or operation of such dice is dependent upon hazard or chance, is guilty of an infraction, and shall be punishable as above provided2. (Ord. 77-5, 2-22-1977; Ord. 272, 1-22-1974)
9.01.040 Fireworks.
A. It shall be unlawful for any person, at any time, to keep or be possessed of any dangerous fireworks as defined in Section 12505 of the Health and Safety Code of the State of California for the purpose of selling, giving away or using the same within the corporate limits of the City.
B. It shall further be unlawful for any person at any time to use, explode, set off, or otherwise discharge any of said dangerous fireworks as defined in the above paragraph in the corporate limits of the City.
C. Any person violating any provisions of this section shall be guilty of an infraction3. (Ord. 77-16, 5-24-1977)
9.01.050 Discharging firearms.
It shall be unlawful for any person to unnecessarily discharge any kind of firearms, at any time or place, within the corporate limits of the City, except as hereinafter provided. Any person may discharge the firearms provided and kept for that purpose in a regularly licensed shooting gallery, provided the same be discharged toward the marks therein provided and ordinarily used for that purpose. And, provided further, that any person may so discharge firearms for any lawful purpose, upon obtaining from the City Council a permit so to do, which permit shall describe the weapon to be used, the purpose for which it is to be used, and the time within which it is to be used, not to exceed 30 days in all, which permit must be countersigned by the Chief of Police. Any person violating this section or any part thereof shall be deemed guilty of an infraction4. (Ord. 77-5, 2-22-1977; Ord. 23, 10-27-1908)
9.01.060 Concealed weapons.
A. It shall be unlawful for any person, other than a peace officer, as defined and named in Section 830 of the Penal Code of the State of California, or their legally authorized deputies, or other persons to whom a permit may be granted, as provided for herein, to carry concealed upon his person a pistol, sling-shot, dirk, dagger, bowie knife or other deadly weapon, within the corporate limits of the City.
B. The City may grant to any person, upon application in writing theretofore made to him by said person, a permit to carry a concealed deadly weapon, which must be named in said permit, good cause for the same being shown to the satisfaction of the Council. When a permit is granted, as hereinbefore provided, it must be countersigned by the Chief of Police, and until countersigned shall not be valid. Any person violating any provision of this section shall be deemed guilty of a misdemeanor5. (Ord. 27, 2-9-1909)
9.01.070 Handbills, distribution of.
A. It shall be unlawful for any person to distribute, or cause to be distributed, within the City any handbills or other printed or written advertising matter by, in any way, placing or causing the same to be placed, in or about any lot, yard, building or other structure within the City, not owned or occupied by the person distributing the same, unless the following conditions are met:
1. Handbills/leaflets must be given to the occupant directly or placed at the main door or entrance in the form of a door-hanger style handbill/leaflet. Placement of handbills on garage doors, windows or yards is prohibited.
2. Handbills/leaflets shall not be deposited at residences bearing a “No Solicitors” (or similar) signage.
3. Handbills/leaflets shall not be deposited at residences currently listed on the Do Not Disturb Registry.
B. It shall be unlawful for any person to distribute any handbill or other printed or written advertising matter by placing or causing the same to be placed in or on any automobile or other vehicle within the City, not owned or operated by the person distributing the same, unless the consent or permission of such owner or operator has been obtained therefor.
C. Excessive handbill/leaflet distribution shall be deemed as littering and enforced as such.
D. The provisions of this section shall not be deemed to apply to any newspaper or any publication printing news of a general nature and keeping advertising space therein open to the public, and the publishing of general advertising matter therein; nor shall the provisions of this section be deemed to apply to any legal notices permitted or required by law to be posted upon any lot, building or structure, or to cards or notices advertising such lot, building or structure for sale, or that the same or some part thereof is for rent.
E. Any person who engages in the business of advertising from door to door, distributes, or causes to be distributed within the City any handbills or other printed or written advertising matter, who violates any of the provisions of this chapter, shall be deemed guilty of a misdemeanor and/or infraction and shall be subject to criminal prosecution and/or administrative citation as referenced in NCC Title 8, Health and Sanitation, Chapters 8.05 and 8.06 NCC. (Ord. 2015-1 § 1, 2-10-15; Ord. 129, 5-11-1937)
9.01.080 Jumping on, off railroad trains.
It shall be unlawful for any person, not an employee of a railroad or express company to get on or off of any railroad engine or car while the same is in motion, within the corporate limits of the City. Anyone violating any provision of this section shall be deemed guilty of an infraction6. (Ord. 77-5, 2-22-1977; Ord. 15, 8-11-1908)
9.01.090 Cruelty to police dogs.
A. It shall be unlawful for any person to wilfully or maliciously torture, tease, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the Police Department, in the performance of the functions or duties of the Department, or to wilfully or unwarrantably interfere with any such dog while it is being used by the Department or any officer or member thereof in the performance of any other functions or duties of the Department or such officer or member.
B. It shall be unlawful for any person to violate any of the provisions of this section. Any person violating any provisions of this section shall be deemed guilty of an infraction and said infraction shall be punished by a fine not exceeding $50.00 for the first violation; a fine not exceeding $100.00 for a second violation within one year, and a fine not exceeding $250.00 for each additional violation thereof within one year. (Ord. 84-16, 10-9-1984)
9.01.100 Loitering in public parks.
A. It shall be unlawful for any person to loiter, idle, wander, stroll, play or be in or upon any public park within the corporate limits of the City between the hours of 10:00 p.m. and 5:00 a.m. on the day immediately following.
B. It shall be unlawful for any person to permit, allow or let any other person loiter, idle, wander, stroll, play or be in or upon any public park within the corporate limits of the City between the hours of 10:00 p.m. and 5:00 a.m. of the day immediately following.
C. Persons, service clubs, lodges, societies, organizations or corporations, or other local groups may apply to the Chief of Police for permission to use any of said parks during said hours not later than five days prior to the date upon which such activities are to take place.
D. Any person, society, lodge, organization or corporation to whom permission is given to use any of said public parks during said hours shall be liable for any loss, damage, or injury sustained by any person whatsoever by reason of the negligence of the person, society, lodge, organization or corporation to whom permission is given. (Ord. 85-8, 5-14-1985)
See NCC 1.04.010.
See NCC 1.04.010.
See NCC 1.04.010.
See NCC 1.04.010.
See NCC 1.04.010.
See NCC 1.04.010.