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Title 9
PUBLIC PEACE, MORALS AND WELFAREChapters:
9.05 Intoxicating Beverages
9.10 Drug Paraphernalia
9.15 Graffiti
9.20 Destruction of Municipal Property
9.25 Curfew for Minors
9.30 Firearms
Chapter 9.05
INTOXICATING BEVERAGES*Sections:
9.05.010 Acts prohibited.
9.05.020 Definition.
9.05.030 Penalty for violation.
*Prior legislation: Ord. 66.
9.05.010 Acts prohibited.
No person shall drink any beer, wine or other intoxicating beverage on any street, sidewalk, alley, highway or public parking lot. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the state of California. [Ord. 142 § 1, 1990.]
9.05.020 Definition.
For the purpose of this chapter, “public parking lot” shall include city owned parking lots, parking lots provided in shopping centers and such other parking lots which may exist or be hereafter designed and constructed for use of the public. [Ord. 142 § 2, 1990.]
9.05.030 Penalty for violation.
Violation of this chapter shall be deemed a misdemeanor, punishable by a fine not exceeding $300.00, or by imprisonment not exceeding 90 days or by both such fine and imprisonment. [Ord. 142 § 3, 1990.]
Chapter 9.10
DRUG PARAPHERNALIASections:
9.10.010 Purpose.
9.10.020 Definitions.
9.10.030 Display of drug paraphernalia.
9.10.040 Distribution of drug paraphernalia.
9.10.050 Penalties.
9.10.010 Purpose.
The illegal use of controlled substances within the city of Point Arena creates serious social, medical and law enforcement problems. The illegal use of such substances by persons under 18 years of age has reached crisis dimensions. It is causing serious physical and psychological damage to the youth of this community, an impairment of educational achievement and of the efficiency of the educational system, increases in nondrug related crime, and a threat to the ability of the community to ensure future generations of responsible and productive adults; all to the detriment of the health, safety and welfare of the citizens of the city of Point Arena.
The proliferation of the display of drug paraphernalia in retail stores within the unincorporated area, and the distribution of such paraphernalia, intensifies and otherwise compounds the problem of illegal use of controlled substances within this community.
A ban only upon the display and distribution of drug paraphernalia to persons under 18 years of age would not be practical. The person who displays or distributes would have difficulty determining who could lawfully view or receive drug paraphernalia. The already thin-staffed law enforcement agencies would be subjected to intolerable added enforcement burdens by adding age of a person who views or receives paraphernalia as an element of a prohibition upon display and distribution. A significant number of high school students are 18 years of age or older. It would be lawful to distribute paraphernalia to some students attending the same school in which the distribution to other students would be prohibited. Permitted display and distribution to adults within the community would symbolize a public tolerance of illegal drug use, making it difficult to explain the rationale of programs directed against similar abuse by youth. The problem of illegal consumption of controlled substances by adults within this community is significant and substantial, necessitating a cessation of the encouragement to drug abuse which the display and distribution of drug paraphernalia create.
This chapter is a measure which is necessary in order to discourage the illegal use of controlled substances within the the city of Point Arena. [Ord. 101 § 6.24.01, 1982.]
9.10.020 Definitions.
As used in this chapter, the following terms shall be ascribed the following meanings:
(1) “Business” means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.
(2) “Controlled substance” means those controlled substances set forth in Sections 11054, 11055, 11056, 11057 and 11058 of the California Health and Safety Code, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be amended.
(3) “Display” means to show to a patron or place in a manner so as to be available for viewing or inspection by a patron.
(4) “Distribute” means to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. “Distribute” includes both sales and gifts.
(5) “Drug paraphernalia” means all equipment, products, and materials of any kind which are intended by a person charged with a violation of this chapter for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of any law of the state of California.
(a) “Drug paraphernalia” includes, but is not limited to, all of the following:
(i) Kits intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(ii) Kits intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(iii) Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance;
(iv) Testing equipment intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(v) Scales and balances intended for use in weighing or measuring controlled substances;
(vi) Dilutants and adulterants, such quinine, hydrochloride, mannitol, mannite, dextrose and lactose, intended for use in cutting controlled substances;
(vii) Separation gins and sifters intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(viii) Blenders, bowls, containers, spoons and mixing devices intended for use in compounding controlled substances;
(ix) Containers and other objects intended for use in storing or concealing controlled substances; and
(x) Objects intended for use in injecting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(B) Water pipes;
(C) Carburetion tubes and devices;
(D) Smoking and carburetion masks;
(E) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
(F) Miniature cocaine spoons, and cocaine vials;
(G) Chamber pipes;
(H) Carburetor pipes;
(I) Air driven pipes;
(J) Bongs.
(b) In determining whether an object is “drug paraphernalia,” a court or other authority may consider, in addition to all other logically relevant factors, the following:
(i) Statements by an owner or by anyone in control of the object concerning its use;
(ii) The proximity of the object to controlled substances;
(iii) The existence of any residue of controlled substances on the object;
(iv) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom he knows intend to use the object to facilitate a violation of the laws of the state of California relating to controlled substances;
(v) Instructions, oral or written, provided with the object concerning its use;
(vi) Descriptive materials accompanying the object which explain or depict its use;
(vii) National and local advertising concerning its use;
(viii) The manner in which the object is displayed for sale;
(ix) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
(x) The existence and scope of legitimate uses for the object in the community; and
(xi) Expert testimony concerning its use.
(6) “Patron” means a person who enters a business for the purpose of purchasing or viewing as a shopper merchandise offered for sale at the business.
(7) “Person” means a natural person or any firm, partnership, association, corporation or cooperative association. [Ord. 101 § 6.24.02, 1982.]
9.10.030 Display of drug paraphernalia.
(1) Except as authorized by law, it shall be unlawful for any person to wilfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business.
(2) Except as authorized by law, it shall be unlawful for any person who is the owner of a business, an employee thereof or one who works at such business as an agent of the owner, to wilfully display drug paraphernalia at such a business. [Ord. 101 § 6.24.03, 1982.]
9.10.040 Distribution of drug paraphernalia.
Except as authorized by law, it shall be unlawful for any person to wilfully distribute to another person drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of any law of the state of California. [Ord. 101 § 6.24.04, 1982.]
9.10.050 Penalties.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the Mendocino County jail for a term not exceeding six months, or by a fine not exceeding $500.00, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted and shall be punishable therefor as provided by this chapter. [Ord. 101 § 6.24.05, 1982.]
Chapter 9.15
GRAFFITISections:
9.15.010 Purpose and intent.
9.15.020 Definitions.
9.15.030 Unlawful to apply graffiti.
9.15.040 Possession of graffiti implements by minors prohibited.
9.15.050 Possession of graffiti implement prohibited in designated public places.
9.15.060 Removal of graffiti.
9.15.070 Notice to abate – Compliance by owner.
9.15.080 Service of notice.
9.15.090 Removal by city.
9.15.100 Encroachment permits – Conditions.
9.15.110 Parental responsibility.
9.15.120 Penalties.
9.15.130 Community service.
9.15.140 Suspension or delay of driving privileges.
9.15.150 Severability.
9.15.160 Nuisance.
9.15.170 Administrative fee.
9.15.180 Remedies cumulative.
9.15.190 Authorization form.
9.15.010 Purpose and intent.
(1) The city council of the city of Point Arena specifically finds that graffiti on public or private property is a blighting factor which not only depreciates the value of property which has been the target of such vandalism but also depreciates the value of the adjacent and surrounding properties so as to create a negative impact upon the entire city.
(2) California Government Code Section 53069.3 authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. The council finds and determines that graffiti is obnoxious and a public nuisance and unless the city causes it to be removed from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and become less desirable places in which to be.
(3) It is the purpose and intent of the city council, through the adoption of the ordinance codified in this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on privately and publicly owned walls and structures. Such acts are inimical to and destructive of the rights and values of private property owners as well as the total community. It is the further intent of the city council, through the adoption of the ordinance codified in this chapter, to provide notice to all of those who disregard the property rights of others that the law enforcement agencies of the city, the sheriff’s department and the district attorney’s office, will strictly enforce the law and vigorously prosecute those persons engaging in the defacement of public and private properties. Graffiti also has been found to be a means of identification utilized by gangs and its presence may encourage further gang-related activities. [Ord. 163 § 1, 1997.]
9.15.020 Definitions.
(1) “Aerosol paint container” means any aerosol container which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.
(2) “Felt tip marker” means any tipped style marker or similar implement with a tip which, at its broadest width, is one-eighth inch or greater.
(3) “Graffiti” means any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or on any surface, to the extent the same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the city council to be a public nuisance.
(4) “Graffiti implement” means an aerosol paint container, a felt tip marker, or any other device containing any solution or substance capable of being used to leave a visible mark at least three-eighths of an inch in width upon any surface. [Ord. 163 § 2, 1997.]
9.15.030 Unlawful to apply graffiti.
It is unlawful for any person to apply graffiti to any trees or structures including, but not limited to, buildings, walls, fences, poles and signs (“structures” hereinafter in this chapter) located within the city. It shall also be unlawful for any person to apply or affix any adhesive backed label, sticker, “bumper sticker” or similar item to any tree or structure not owned or lawfully possessed by such person. [Ord. 163 § 3, 1997.]
9.15.040 Possession of graffiti implements by minors prohibited.
It is unlawful for any person under the age of 18 years to have in his or her possession any graffiti implement, or any other object capable of scribing graffiti, with the intent to commit vandalism or graffiti, while upon public property or upon private property without the consent of the owner of such private property whose consent to such possession and presence is given in writing in advance. [Ord. 163 § 4, 1997.]
9.15.050 Possession of graffiti implement prohibited in designated public places.
It is unlawful for any person to have in his or her possession any graffiti implement, with the intent to commit vandalism or graffiti, while performing any activity in any public park, playground, recreational facility, or other public buildings owned or operated by the city or any other governmental agencies, or any public right-of-way in the city unless necessary in order to participate in any city sponsored function under the direct supervision of adults. This action shall not apply to authorized employees of the city nor shall it apply to authorized agents or contractors under contract to the city. [Ord. 163 § 5, 1997.]
9.15.060 Removal of graffiti.
(1) No person owning or otherwise in control of any real property within the city shall permit or allow any graffiti to be placed upon or remain on such property, when graffiti is visible from the street or other public or private property, for a period in excess of three days (72 hours) of occurrence, or 15 days after the date of notice to abate by the city.
(2) Should the property owner contact the city within 72 hours of the occurrence, the following shall apply:
(a) The city shall assist in the coordination of labor, whether volunteers or city employees, to remove the graffiti.
(b) The city will furnish the property owner or applicable labor group supplies (paint, paint brushes, etc.) which may be utilized to remove the graffiti.
(3) In an attempt to assist property owners with the removal of the graffiti, the 72-hour deadline for contacting the city will not be enforced until 30 days after the adoption of the ordinance codified in this section. Thus, the “bank” of the city supplies will be available to all property owners who request assistance from the time period of adoption of the ordinance codified in this section until the ordinance becomes effective. When the ordinance codified in this section has become effective, the 72-hour deadline will be enforced. [Ord. 163 § 6, 1997.]
9.15.070 Notice to abate – Compliance by owner.
Whenever the city determines that graffiti exists on any surface in the city which is visible from the street or other public or private property, the city shall cause a notice to be issued to abate such nuisance. The property owner shall have 15 days after the date of the notice to remove the graffiti or the property will be subject to abatement by the city. [Ord. 163 § 7, 1997.]
9.15.080 Service of notice.
The notice to abate graffiti shall be served upon the owner(s) of the affected premises, as such owner’s name and address appears on the latest equalized property tax assessment rolls of the county of Mendocino. In addition, if there is a commercial tenant using the premises, the notice shall also be served on the tenant. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this chapter may be served in any one of the following manners:
(1) By personal service on the owner(s), occupant or person in charge or control of the property.
(2) By registered or certified mail addressed to the owner at the last known address of the owner. If this address is unknown, the notice will be sent to the property address. In addition, where the property is occupied, a copy of the notice shall be delivered to the occupant. [Ord. 163 § 8, 1997.]
9.15.090 Removal by city.
(1) Upon failure of a person receiving a notice to abate pursuant to PAMC 9.15.070 to comply with the notice to abate by the designated date, or such continued date thereafter as the city approves, then the city is authorized and directed to cause the graffiti to be abated by city forces, volunteers, community service worker(s), or private contractor, and the city, its volunteers, or its private contractor is expressly authorized to enter upon the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate graffiti shall be as close as practicable to background color(s).
(2) When the graffiti has been abated by the city due to the refusal or the failure of the owner to do so, the owner shall reimburse the city of the total cost of the removal of the graffiti. The costs to be reimbursed include labor, material, preparation of specifications and contracts and inspection.
If the amount billed to the property owner has not been paid within 30 days of the city’s assessment, the city shall cause to be filed in the office of the recorder of the county of Mendocino a notice of lien. Liens shall be collected at the time of sale or remodel in excess of 50 percent of the market value of the building.
(3) The city’s program for the removal of the graffiti, as noted in PAMC 9.15.080, does not authorize nor will it undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located. Prior to the removal of the graffiti, the city shall attempt to obtain written consent from the property owner, and the owner shall execute the appropriate release, as provided for in PAMC 9.15.190. [Ord. 163 § 9, 1997.]
9.15.100 Encroachment permits – Conditions.
All encroachment permits issued by the city may, among other things, be conditioned by the following:
(1) Use of anti-graffiti materials on surfaces exposed to public view acceptable to the city manager and kept on file at the department of community development;
(2) Use of landscaping to screen or provide a barrier to encroaching object;
(3) The immediate removal by the permittee of any graffiti;
(4) The right of the city to remove graffiti or to paint the encroaching object to conceal graffiti;
(5) Applicant shall provide the city with sufficient matching paint on demand for use in painting the encroaching object to conceal graffiti. [Ord. 163 § 10, 1997.]
9.15.110 Parental responsibility.
Pursuant to Section 1714.1(b) of the California Civil Code, where graffiti is applied by an unemancipated minor, the parents or legal guardian of said minor shall be jointly and severally liable for payment of civil damages resulting from the misconduct of the minor in an amount not to exceed $10,000 for each such offense. [Ord. 163 § 11, 1997.]
9.15.120 Penalties.
(1) Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this chapter shall be subject to a civil penalty not to exceed $1,000. Such person, firm or corporation shall be deemed to have committed a separate violation for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, firm, or corporation and shall be penalized as herein provided. The total amount of civil penalty imposed in any single action brought by the city to enforce the provisions of this chapter shall not exceed the total costs to the city of such enforcement, including but not limited to the following: attorneys’ fees, filing fees, telephone charges, postage, photocopying costs, facsimile transmission costs, and travel expenses.
(2) Notwithstanding the penalties set forth in subsection (1) of this section, any person who maliciously defaces, damages or destroys property with a graffiti implement is guilty of vandalism, pursuant to Section 594 of the California Penal Code, and upon conviction thereof shall be punished by imprisonment in the state prison or in a county jail for a period not to exceed one year, or by a county jail for a period not to exceed one year, or by a fine of $5,000, but no more than $50,000, depending upon the severity and the amount of defacement, damage or destruction to property, or by both such fine and imprisonment. [Ord. 163 § 12, 1997.]
9.15.130 Community service.
(1) Upon conviction of any person for violation of PAMC 9.15.030, 9.15.040, or 9.15.050, or any state law pertaining to vandalism of property with a graffiti implement, the city shall petition the sentencing court to impose community service time, pursuant to Section 640.6 of the California Penal Code. The sentencing court may require the performance of community service within the city in addition to any monetary penalties imposed. In the event the sentencing court approves community service, the city shall request any adult or emancipated minor convicted of vandalism, as defined by Section 594(a)(1) of the California Penal Code, to: (a) complete a minimum of 24 hours, but no more than 48 hours, of community service cleaning up, removing and repairing property damaged by graffiti or other work cleaning or repairing city property for the first conviction; and (b) complete 48 hours, but no more than 96 hours, of community service cleaning up, removing, and repairing property damaged by graffiti or other work cleaning or repairing city property for each subsequent conviction.
(2) Any person who is under the age of 18 when he or she violates any provision of this chapter or any state law pertaining to vandalism of property with a graffiti implement, and is found to be a person described in Section 602 of the California Welfare and Institutions Code by reason of the commission of vandalism, may be required to perform community service time pursuant to Section 728 of the California Welfare and Institutions Code. For any minor adjudicated guilty of vandalism, the city will petition the juvenile court and the court may, in addition to any other penalties imposed by the city, require the emancipated minor to provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed property, or otherwise make restitution to the property owner. [Ord. 163 § 13, 1997.]
9.15.140 Suspension or delay of driving privileges.
For each conviction of a person aged 13 to 21 for violation of PAMC 9.15.030, 9.15.040, or 9.15.050, or any state law pertaining to vandalism of property with a graffiti implement, the city shall petition the sentencing court to suspend driving privileges or delay the issuance of driving privileges in accordance to California Vehicle Code Section 13202.6. [Ord. 163 § 14, 1997.]
9.15.150 Severability.
The city council declares that, should any provision, section, paragraph, sentence, or word of this chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, section, paragraphs, sentences, and words of this chapter shall remain in full force and effect. [Ord. 163 § 15, 1997.]
9.15.160 Nuisance.
The existence of graffiti is declared to be obnoxious and a nuisance, and may be abated pursuant to Chapter 8.05 PAMC, Nuisances, in addition to and not in lieu of any other available remedies. [Ord. 163 § 16, 1997.]
9.15.170 Administrative fee.
A reasonable administrative fee (which may include, without limitation, courts costs, staff time, law enforcement costs and attorneys’ fees) may be imposed against any person found in violation of this chapter as a part of any abatement hereunder in addition to and not in lieu of any other fine, charge, fee, cost, assessment or payment imposed in connection with any violation of this chapter. Said fee may be included in the costs of removal upon which an assessment may be imposed hereunder. [Ord. 163 § 17, 1997.]
9.15.180 Remedies cumulative.
The remedies provided in this chapter are in addition to other remedies and penalties available under provisions of applicable ordinances of the city and the laws of the state of California. All provisions of the Point Arena Municipal Code, as heretofore adopted by the city of Point Arena, which are in conflict with the provisions of this chapter are repealed. [Ord. 163 § 18, 1997.]
9.15.190 Authorization form.
City of Point Arena
Graffite Abatement Program
Graffiti Removal Authorization Form
I, (name) _____________, the owner of property located at _______________, Point Arena, California, or agent representing the property owners, hereby authorize the City of Point Arena and its officers, agents, contractors, volunteers, and employees to remove graffiti from property by repainting, sandblasting, or other appropriate graffiti removal technique.
I hereby release and hold harmless the City of Point Arena, its officers, agents, contractors, volunteers and employees from any and all claims, demands, causes of action or obligations whatsoever arising out of or of action or obligations whatsoever arising out of or relating to entry on my property for the purpose of graffiti eradication, including, but not limited to, those arising from incidental damage to shrubs, plants or other vegetation as well as those related to the appearance of the property as the result of the graffiti eradication work.
I understand that the City will not repaint or repair any more extensive area than where the graffiti is located and further understand that I will have to pay for the total cost of the graffiti removal. I further understand that every effort will be made to match existing colors; however, an exact match may not be provided. I also understand that if I want to assure that I will be satisfied with the color or paint being used, I can furnish the paint with the color that I desire.
Please Check The Appropriate Response:
____ I will be able to supply paint or other removal equipment. Contact me to finalize arrangement.
____ I will not be able to supply paint and understand that paint used by the City may not match the existing color.
[Ord. 163 Exh. A, 1997.]
Chapter 9.20
DESTRUCTION OF MUNICIPAL PROPERTYSections:
9.20.010 Violation – Penalty.
9.20.010 Violation – Penalty.
Any person or persons, who cut or remove any city owned trees, obliterate, damage or remove structures protecting said trees, or damage or remove any trash receptacles, all of said objects being upon any streets or alleys within the city limits without permission of the city council is guilty of a misdemeanor and, upon conviction thereof, is punishable by a fine not exceeding $500.00, by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. [Ord. 131-A § 2, 1989.]
Chapter 9.25
CURFEW FOR MINORSSections:
9.25.010 Minors under the age of 18 years.
9.25.020 Minors under the age of 16 years.
9.25.030 Exceptions.
9.25.040 Minor – Penalties.
9.25.050 Apprehension – Detention – Proceedings.
9.25.060 Parent/guardian – Fines and penalties.
9.25.010 Minors under the age of 18 years.
It shall be unlawful for any minor person under the age of 18 years to loiter or loaf or to congregate or to be present at or to be upon any public street, way, square, park, place, building or at or in any place of business, or business house, or public dance hall, or other place designed for the accommodation of the public between the hours of 11:00 p.m. of one day and 5:00 a.m. the following day. Any person who has not attained his eighteenth birthday shall be deemed to be under the age of 18 years. [Ord. 156 § 1, 1995.]
9.25.020 Minors under the age of 16 years.
It shall be unlawful for any minor person under the age of 16 years to loiter or loaf or to congregate or to be present at or to be upon any public street, way, square, park, place, building or at or in any place of business, or business house, or public dance hall, or other place designed for the accommodation of the public between the hours of 10:00 p.m. of one day and 5:00 a.m. of the following day. Any person who has not attained his sixteenth birthday shall be deemed to be under the age of 16 years. [Ord. 156 § 2, 1995.]
9.25.030 Exceptions.
(1) The provisions of PAMC 9.25.010 and 9.25.020 shall not apply to any minor who at the time mentioned in PAMC 9.25.010 and 9.25.020 is accompanied by his parent, guardian or other adult person having lawful custody of such minor.
(2) The provisions of PAMC 9.25.010 and 9.25.020 shall not be deemed to apply to the following places: public theaters and places where supervised entertainment or play or instruction for minors under the age of 18 is conducted; provided, however, that this exception shall apply only to minors who are in attendance at such theaters or places for the purpose of attending the entertainment, supervised entertainment, play or instruction thereby afforded.
(3) The provisions of PAMC 9.25.010 and 9.25.020 shall not apply to any minor while engaged in going to or returning from, in direct route, the places mentioned in subsection (2) of this section and his home or other place of abode; provided however, in the event such minor stops or loiters or loafs or congregates or deviates from such direct route this exception shall not apply, and the provisions of PAMC 9.25.010 and 9.25.020 shall then apply.
(4) The provisions of PAMC 9.25.010 and 9.25.020 shall not apply to any minor who is lawfully employed and while engaged in going to or returning from his place of employment in a direct route between such place of employment and his place of abode. [Ord. 156 § 3, 1995.]
9.25.040 Minor – Penalties.
Any minor violating the terms of this chapter is guilty of a misdemeanor. [Ord. 156 § 4, 1995.]
9.25.050 Apprehension – Detention – Proceedings.
Any minor violating the provisions of this chapter may be immediately apprehended and lawfully detained, and appropriate proceedings may be instituted under and pursuant to the provisions of the juvenile court law as set forth in the Welfare and Institutions Code of the State of California. [Ord. 156 § 5, 1995.]
9.25.060 Parent/guardian – Fines and penalties.
Any parent, guardian, or other adult person having the lawful custody, permanent or temporary, of any minor person who suffers or permits or lets, either wilfully or negligently, such minor violate the provisions of this chapter is guilty of a misdemeanor and shall be punished by imprisonment for a term of not exceeding 90 days, or shall be fined in a sum not in excess of $300.00, or shall be both imprisoned and fined in accordance with the time and amount set forth in this section. [Ord. 156 § 6, 1995.]
Chapter 9.30
FIREARMSSections:
Article I. Discharge of Firearms
9.30.010 Shooting prohibited near occupied buildings.
9.30.020 Shotguns.
9.30.030 Exemptions.
9.30.040 Penalties.
9.30.050 Enforcement.
Article II. Replica or Facsimile Firearms
9.30.060 Prohibition of sale.
9.30.070 Brandishing.
9.30.080 Brandishing a replica firearm in presence of a public safety officer.
9.30.090 Definitions.
9.30.100 Purpose.
Article I. Discharge of Firearms
9.30.010 Shooting prohibited near occupied buildings.
Except as hereinafter provided for shotguns, no person other than the owner, person in possession of the premises, or person having the express permission of the owner or person in possession of the premises shall discharge any firearm within 500 yards of any occupied dwelling house, or any residence of any other building or barn or outbuilding used in connection with such dwelling house or residence, or of any building in the process of construction. [Ord. 151 § 010, 1993.]
9.30.020 Shotguns.
No person other than the owner, person in possession of the premises or person having the express permission of the owner or person in possession of the premises shall discharge any shotgun within 150 yards of any occupied dwelling house, of any residence, of any other building or barn or outbuilding used in connection with such dwelling house or residence, or of any building in the process of construction. [Ord. 151 § 020, 1993.]
9.30.030 Exemptions.
PAMC 9.30.010 and 9.30.020 shall not apply to any of the following persons:
(1) Any person using an established target range or trapshooting area for the purpose of practice shooting with a firearm while on the premises of such range or area; an “established” target range or trapshooting area for the purposes of this chapter shall be one registered with the sheriff and approved by him as such.
(2) Any person in the act of adjusting the sights of a firearm while on premises established and equipped for that purpose whose owner has granted such person express permission to do so. [Ord. 151 § 030, 1993.]
9.30.040 Penalties.
Any person who discharges a firearm in violation of this article is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. [Ord. 151 § 040, 1993.]
9.30.050 Enforcement.
Any duly authorized peace officer or any other public officer having taken the oath of office, and who is charged with the enforcement of game laws, public health laws, or other laws pertaining to the safety of persons or property shall have the power to enforce the provisions of this article. [Ord. 151 § 050, 1993.]
Article II. Replica or Facsimile Firearms
9.30.060 Prohibition of sale.
No person shall display, market for sale, or sell any replica or facsimile of a firearm in the city. The provisions of this subsection shall not apply to any replica or facsimile firearm which, because of its distinct color, exaggerated size, or other design feature, cannot reasonably be perceived to be a real firearm. [Ord. 130 § 1(a), 1988.]
9.30.070 Brandishing.
Except in self defense, no person shall draw, exhibit, or brandish a replica or facsimile of a firearm or simulate a firearm in a rude, angry, or, threatening manner, with the intent to frighten, vex, harass, or annoy any other person. [Ord. 130 § 1(b), 1988.]
9.30.080 Brandishing a replica firearm in presence of a public safety officer.
No person shall draw, exhibit, or brandish a replica or facsimile of a firearm or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician, or paramedic engaged in the performance of his or her duties, and the person committing such a brandishing knows or has reason to know such police officer, firefighter, emergency medical technician, or paramedic is engaged in the performance of his or her duties. [Ord. 130 § 1(c), 1988.]
9.30.090 Definitions.
“Firearm” shall have the same meaning as the term “firearm” under the dangerous weapons control law of the state of California.
“Replica or facsimile of a firearm” shall mean any device or object made of plastic, wood, metal, or any other material which is a replica, facsimile, or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm. As used in this section, “replica or facsimile of a firearm” shall include, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms, or any other device which might reasonably be perceived to be a real firearm. [Ord. 130 § 1(d), 1988.]
9.30.100 Purpose.
The city council finds that this article is necessary for the preservation of the public health and safety in order to discourage and prevent assaults and threats on persons in the community through the use of replica or facsimile firearms and simulation firearms. [Ord. 130 § 2, 1988.]
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