5-3 3 MORALS AND CONDUCT

Except as permitted in Section 5-3-103 of this article, no person shall deal, play, carry on, open, or bet at or against any game of chance or skill not mentioned in Section 330 of the Penal Code of the State, played with cards, dice or any device, for money, checks, credit, or other representative of value. [Formerly numbered Section 20-1. Amended by Ord. No. 3058, eff. 2/21/87.]

5-3-102: GAMBLING HOUSE:

Except as permitted in Section 5-3-103 of this article, no person shall:

A. Keep, conduct or maintain any house, room, apartment or place, where any game of chance or skill not mentioned in Section 330 of the Penal Code of the State is played with cards, dice or any device, for money, checks, credit, or other representative of value; or

B. Knowingly permit any house, room, apartment or place, owned by them, or under their charge or control, to be used as a place where any game of chance or skill not mentioned in Section 330 of the Penal Code of the State is played with cards, dice or any device, for money, checks, credit, or other representative of value. [Formerly numbered Section 20-2. Amended by Ord. No. 3058, eff. 2/21/87.]

5-3-103: GAMES OF SKILL AND SCIENCE:

A. Definition: for the purpose of this section only, a “game of skill and science” shall mean any game participated in by one or more players for any prize, gift or award of anything of value, where or when any charge is made by the person conducting, operating or maintaining such game, or any consideration is paid by any player for the right to play or participate in any such game, and the dominating factor in determining the result of such game is dependent upon the skill of the player or players and not upon chance; provided, that in any case where the result of such game may be dependent to some extent upon the judgment, intelligence or adroitness of the player, but nevertheless the dominating factor in determining the result of such game is chance, such a game shall not be considered a game of skill and science, but shall be considered as a game of chance. For the purposes of this section, card games are not considered to be games of skill and science.

B. Games of Skill and Science Prohibited; Exception; Permit Required: No person shall operate any “game of skill and science” as above defined unless such person is the holder of a valid and unexpired permit then in full force and effect, issued under the provisions of this section.

C. Application; Contents of: All applications must be in writing, and shall be made by all parties interested therein: That is, if an individual, by the individual; if a partnership of any kind, by all members of such partnership; if by an unincorporated association or a corporation, by each and all of the officers thereof. Each application shall be verified by the oath of each and all persons signing it, such oath to be taken before a person authorized to administer oaths in the County of Los Angeles, stating that the person subscribing the same has read the application, knows the contents thereof, and that the facts stated therein are true. Such application shall be filed with the Community Development Department and shall be made upon forms therefore prescribed by the said Department. Such application shall contain the following information:

1. The name and residence of each and all persons required to sign any application hereunder;

2. The place where such proposed game of skill and science will be operated;

3. The name of the game;

4. A detailed description of all equipment apparatus, material or devices used in playing such game;

5. A detailed description of the method of playing or operation;

6. A statement that applicant, if granted a permit, will not permit, suffer or allow the game proposed to be operated to be played or operated in any mode other than as described in the application or by the use of any other equipment, apparatus or device other than as described and referred to in said application.

7. A statement setting forth the primary business or purpose of the applicant and how long applicant has been actually engaged in such business or purpose;

8. A statement that applicant is not organized specifically for the purpose of operating games of skill and science;

9. A detailed statement of the anticipated cost of operating the proposed game;

10. Such other information as may be required by the City Manager.

D. Application to be Submitted to Chief of Police: Upon the filing of such application, the Community Development Department shall cause the application to be forwarded to the Chief of Police for study and investigation.

E. Findings of City Manager; Granting of Permit: After study and investigation as provided in this section, the application shall be submitted by the Community Development Director to the City Manager. If, from the consideration of the application and such other information as the City Manager may obtain from the report and recommendations of the Chief of Police and other sources, the City Manager finds that the granting of such permit would be in the interest of the public health, welfare, safety and morals, the City Manager shall issue the permit if the following conditions are met:

1. That the game proposed to be operated is found to be a game of skill and science and that such game is not prohibited by the provisions of the Penal Code of the State, or any other law of the State, or the provisions of this code, or any ordinance of the City; and

2. That the applicant is a nonprofit religious, charitable, civic, veteran, educational, or social organization and that the net proceeds from such game over and above the cost of operation are to be used for religious, charitable, civic, or educational purposes; and

3. That the estimated cost of operating the proposed game is reasonable and is not a subterfuge for diverting profits from the applicant to other persons. No permit shall be issued for in excess of five (5) successive days, and no such permit may be renewed for the same applicant and location until an intervening period of ninety (90) days has elapsed.

In determining the question of whether the game proposed is a “game of skill and science” as defined herein, or a game of chance, a finding by the City Manager that the dominating factor in determining the result of such game is chance, shall require that the application for a permit be denied. If the City Manager determines that such permit shall be issued, after finding that all required conditions exist, they shall so advise the Community Development Director who shall issue the permit as provided in this section.

F. Declarations of Council: The Council declares that it is its intention that all of the findings above mentioned be required as a condition precedent to the issuance of any permit. The Council further declares that it would not have passed and adopted the provisions in this section providing for an exception of the prohibition against games of skill and science and the granting of a permit therefor if for any reason such exception or permit provision is invalid, and in such event any permit issued and outstanding shall be null and void.

G. Permits; Conditions: Any permit issued under the provisions of this section shall be issued only to the person named in the application and shall not be assignable or transferable; subject to other provisions of this section, such permit shall be valid until revoked or suspended and shall be issued upon and subject to the following conditions:

1. That permittee will not permit, suffer or allow the game authorized to be played in any manner other than the manner described in detail in the application;

2. That no equipment, apparatus, device, material or contrivance of any kind be used in the operation or playing of such game that is not described in the application;

3. Every permittee shall keep and maintain a full, true and complete record in writing of all monies or other consideration paid by players for participation in such game and of all expenses of operation. A report thereof, verified by the oath of all persons before a person authorized to administer oaths in the County, stating that such persons have read the report, know the contents thereof and that the facts stated therein are true, shall be filed with the City Manager within five (5) days after the expiration of the permit. Failure to keep and file records and reports as herein provided shall be a misdemeanor.

Each of said conditions shall be incorporated in and made a part of each permit issued hereunder.

No person shall operate any such game, or permit, suffer or allow the operation of any game in any manner or mode except in accordance with and in strict compliance with each and all the conditions set forth in this subsection.

H. No Permit If Previous Revocation: No person shall be issued any permit hereunder if, within one year next preceding the date of filing the application for permit, any permit previously issued to applicant hereunder has been revoked.

I. Games Prohibited By Law: No permit issued by the Police Commission shall authorize the conduct of any game which is prohibited by the Penal Code of the State, or any other law of the State, or the provisions of this code, or any other ordinance of the City, and any permit issued in violation of the provisions of this section shall be void.

J. Sunset Provision: The provisions of this section shall terminate and become inoperative at one minute after twelve o’clock (12:01) midnight on July 1, 1992, and of such date is repealed unless otherwise extended by the Council through the adoption of an appropriate ordinance. [Formerly numbered Section 20-3; Amended by Ord. No. 3828, eff. 8/24/12; 3324, 3244, 3058, 2194.]

5-3-104: EXHIBITING GAMING EQUIPMENT IN BARRED ROOM:

No person shall exhibit or expose to view, in the presence of three (3) or more persons, any faro box, roulette table, fan-tan table cards, dice, dominoes, or any gambling equipment whatsoever, in a barred or barricaded house or room, or in any place built, protected or guarded against access by peace officers. [Formerly numbered Section 20-4; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-105: VISITING BARRED ROOM CONTAINING GAMING EQUIPMENT:

No person shall visit or resort to a barred or barricaded house or room, or place built, protected, or guarded against access by peace officers, in which any faro box, roulette table, fan-tan table, cards, dice, dominoes, or any gambling equipment whatsoever, is exhibited or exposed to view in the presence of three (3) or more persons. [Formerly numbered Section 20-5; renumbered by Aureate, No. 3058, eff. 2/21/87.]

5-3-106: POSSESSION OF BETTING MARKERS:

No person shall have in their possession any betting marker or other memorandum, writing or record of any bet, or purported wager upon the result or purported result of any trial or purported trial or contest or purported contest of skill, speed or power of endurance of man or beast or between men, beast or mechanical apparatus or upon the result or purported result of any lot, chance, casualty, or contingent event whatsoever. [Formerly numbered Section 20-6; renumbered by Aureate, No. 3058, eff. 2/21/87.]

5-3-107: POSSESSION OF PINBALL GAMES:

A. Definitions: The term “marble game” shall mean and include any game or device in which marbles, balls, pellets, or other moving objects are propelled, released or rolled, with the aid of a mechanical plunger or other affixed mechanical device, in such manner as to result in a score, tally, points, or other indication of relative success in the operation and playing of such marble game, whether the same be indicated by or may be computed by means of numbers, letters, lights, colors, or in any manner whatsoever. The term “marble game” shall also mean and include any game or device in which marbles, balls, pellets or other moving objects are propelled, released or rolled with the aid of a mechanical plunger or other affixed mechanical device.

B. Possession Unlawful: No person shall keep, maintain or have in their possession, or under their control, in any place of business, or in any place of public resort, either as owner or lessee, agent, employee, or otherwise, any marble game, pin games or pinball games, the use, operation or play of which is controlled, permitted or made available by placing therein any coin, plug, disc, key or token, or which is let for use, operation or play upon the payment or delivery of any thing of value therefor or upon the making of any purchase; provided that the provisions of this section shall not apply to the keeping, possession or exhibiting of any such game or machine at or in any store or place in which such games or machine are kept solely for sale or storage when members of the public are not permitted or allowed to operate, manipulate or play such games or machines, except as incident to a demonstration for the purpose of sale.

C. Seizure And Destruction: Any article declared by this section to be a nuisance, as a result of the operation, use, keeping or maintaining of which any person has been convicted of or has pleaded guilty to any violation of this section shall be destroyed by the Police Chief after such plea of guilty or after judgment of conviction becomes final. If any article subject to destruction as herein provided for are in the custody of any court within the City, the Police Chief shall cause to be made an application to the Judge of said court for an order releasing said articles to them for the purpose of complying with this section. [The voters adopted this section at an initiative election on November 5, 1940. (See Ord. No. 657, eff. 12/10/40.)] [Formerly numbered Section 20-7; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-108: POSSESSION OF OPEN CONTAINERS IN PUBLIC:

A. No person shall consume or possess any can, bottle, or other receptacle containing any alcoholic beverage, as defined in Section 3-3-501, that has been opened, or a seal broken, or the contents of which have been partially removed, in any city owned or controlled public place, including but not limited to, facilities, parks, playgrounds, recreational areas, golf courses, sidewalks, parkways, streets, parking facilities or any recreation and park district, or any regional park or open-space district, a violation of which is an infraction.

B. The foregoing section shall not apply to any business that has obtained a permit, or otherwise has an agreement with the City, which authorizes the consumption of alcoholic beverages on public property which is under its control.

C. The foregoing section shall not apply to events where the possession and consumption of alcoholic beverages is within the premises located in a park or other public place for which a license and/ or permit has been issued pursuant to Title 3, Chapter 3, Article 8 of this Code.

D. The foregoing section shall not apply to any individual in possession of an alcoholic beverage container for the purpose of recycling or other related activity. [Formerly numbered Section 20-8; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3781, eff. 5/28/10; 3072.]

5-3-109: PUBLIC NUDITY AND DISROBING:

A. No person shall appear, bathe, sunbathe, walk, change clothes, disrobe or be in any public place, place open to the public, or place open to public view in such manner that the genitals, vulva, pubis, pubic hair, buttocks, perineum, anus, anal region or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola of any female person, is exposed to public view.

B. This section shall not apply to persons under the age of ten (10) years.

C. This section shall not apply to persons engaged in a live theatrical performance in a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances. [Added by Ord. No. 3143, eff. 3/11/89.]

5-3-110: MINORS IN PUBLIC PLACES AFTER CERTAIN HOURS:

A. Nighttime Curfew Ordinance: It is unlawful for any minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, public places of amusement and public eating places, between the hours of ten o’clock (10:00) P.M. and sunrise the following day.

B. Exceptions: The provisions of subsection A of this section shall not apply when:

1. The minor is accompanied by their parent or guardian or other adult person having the care and custody of the minor;

2. The minor is on an errand directed by their parent or guardian or other adult person having the care or custody of the minor.

C. Daytime Curfew Prohibition: It is unlawful for any minor, who is subject to compulsory education or to compulsory continuing education, to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, public places of amusement and public eating places, between the hours of eight thirty o’clock (8:30) A.M. and one thirty o’clock (1:30) P.M. of the same day on days when said minor’s school is in session.

D. Exceptions: The provisions of subsection C of this section shall not apply when:

1. The minor is accompanied by their parent or guardian or other adult person having the care and custody of the minor;

2. The minor is on an errand directed by their parent or guardian or other adult person having the care or custody of the minor;

3. The minor’s attendance at school has been excused pursuant to the provisions of California Education Code Section 48205 and Section 46014, for justifiable personal reasons, including, but not limited to, medical appointments, appearances in court, and observance of a holiday or ceremony of their religion or participation in religious exercises or instruction of their religion.

4. The minor has otherwise been excluded or exempted from compulsory education or compulsory continuing education requirements found in Division 4, Part 27, Chapters 2 and 3 of the California Education Code.

E. Permitting: Any person, guardian, or other adult person having care or custody of a minor, who knowingly permits that minor to violate any provision of this section shall be guilty of a misdemeanor.

F. Violation And Punishment: Each violation of the provisions of subsection C of this section shall constitute a misdemeanor punishable, upon first conviction, by a fine no less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), and upon subsequent conviction by a fine of one hundred dollars ($100.00) and a mandatory twenty (20) hours of community service to be completed during hours when school is not in session. This subdivision is not meant to exclude any other appropriate terms and conditions of probation reasonable under the circumstances of each case. Any violation of any other provision of this section shall be a misdemeanor punishable pursuant to the provisions of subsection 1-1-105B of this code.

G. Definitions:

ADULT PERSON: Any person eighteen (18) years or older.

COMPULSORY EDUCATION AND COMPULSORY CONTINUING EDUCATION: The education requirements found within Division 4, Part 27, Chapters 2 and 3, respectively, of the California Education Code.

LOITER: To delay, linger, or idle about without a lawful purpose for being present.

MINOR: Any person under eighteen (18) years of age. [Formerly numbered Section 20-15; Amended by Ord. No. 3414, eff. 11/12/95; 3058.]

5-3-111: MINORS IN BILLIARD ROOMS OR POOL ROOMS:

A. Entering: No minor under the age of eighteen (18) years shall enter, visit or remain in any billiard room or pool room required to be licensed under the provisions of this code except as permitted in Section 3-3-409 of this code.

B. Errand Boys: No person shall send a minor under the age of eighteen (18) years into any billiard room or pool room required to be licensed under the provisions of this code, or request, engage or permit such minor to carry a package or message to or from such place, unless said minor is accompanied by their parent, guardian or other adult person having custody over them.

C. Misrepresenting Age: No minor under the age of eighteen (18) years shall misrepresent their age to the person in charge or control of a billiard room or pool room for the purpose of gaining admission thereto or remaining therein contrary to the provisions of this section.

D. Permitting to Remain in: See Section 3-3-409 of this code. [Formerly numbered Section 2-16; renumbered by Ord. No. 3058, eff. 2/21/87; 2230.]

5-3-112: LOITERING BY PERSONS OF LEWD OR IMMORAL CHARACTER IN PLACES OF BUSINESS:

A. It shall be unlawful for the owner, manager or person having supervision, charge or control of any place of business in the City to permit or allow persons of known lewd, immoral or dissolute character, sexual perverts of any type, or persons required to register as defined by Section 290 of the Penal Code of the State, to loiter, congregate in, habitually frequent or remain in such places of business.

B. No prosecution under the provisions of subsection A of this section shall be commenced except for violation thereof committed after a peace officer shall have given five (5) days’ written notice to the owner, manager or a person having supervision or charge of such business that a violation of subsection A of this section may be committed by permitting or allowing certain persons to loiter, congregate in, habitually frequent or remain in such places of business, stating the name and general description of the person or persons; and that the said person or persons are either known lewd, immoral or dissolute characters or known sexual perverts of any type, or are persons who are required to register under the provisions of Section 290 of the Penal Code of the State. Such notice may be served by service upon the owner, manager, manager’s agent or any other person having supervision or charge of such places of business.

C. Any violation of subsection A of this section, occurring within one year after the expiration of five (5) days from the service of such notice may be prosecuted without service of other or additional notice to abate.

D. It shall be unlawful for persons of known lewd, immoral or dissolute character, sexual perverts of any type, or persons who are required to register under the provisions of Section 290 of the Penal Code of the State, to loiter, congregate in, habitually frequent or remain in any place of business after notice by the owner, manager or person having supervision or charge of such business not so to do.

E. It shall be unlawful for any person required to register under the provisions of Section 290 of the Penal Code of the State to loiter about any place of business without any lawful business there to perform.

F. Subsection A of this section shall not be construed to authorize or require violation of Sections 51 to 54, inclusive, of the Civil Code of the State. [Formerly numbered Section 20-18; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-113: RESERVED:

[This section repealed by Ord. No. 3279, eff. 12/14/91.]

5-3-114: REGISTERED SEX OFFENDERS AND YOUTH EVENTS:

A. Loitering Prohibited: Any person required to register under Penal Code Section 290 as a result of a conviction involving sexual acts with a person under eighteen (18) years of age shall not loiter at any youth event or be within one hundred feet (100') of the physical area where the event is occurring.

B. Definitions:

LAWFUL PURPOSE: Attendance at a youth event where the person’s child is a participant or where the person’s presence is required for a demonstrable, legitimate, and reasonable purpose.

LOITERING: Delay, linger, or idle about without a lawful purpose for being present.

YOUTH EVENT: Any activity conducted at a public school, private school, public park, or facility open to the public, where the participants in such activity are under eighteen (18) years of age. [Added by Ord. No. 3060; formerly numbered Section 20-19.1.; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-115: REGISTERED SEX OFFENDERS PROHIBITED AS YOUTH SUPERVISORS:

Any person required to register under Penal Code Section 290 as a result of a conviction involving sexual acts with a person under eighteen (18) years of age is prohibited from participation as a coach or other supervisor of persons under eighteen (18) years of age in any youth events organized by the City of Burbank. [Added by Ord. No. 3060; formerly numbered Section 20-19.2; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 2. CRIMES AGAINST PUBLIC HEALTH AND SAFETY

5-3-201: DISCHARGING PETROLEUM PRODUCTS, TARS, OR DYES UPON STREET:

No person shall negligently, wilfully or maliciously discharge, throw or deposit petroleum, or any products or residue thereof, or any grease, acid, coal tar, oil tar, or aniline upon any street, nor permit any such substance to pass upon any street, nor place any such substance in any place where it subsequently passes upon any street. [Formerly numbered Section 20-20; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-202: ENDURANCE CONTESTS:

No person shall conduct, carry on, participate in any endurance or marathon contest not covered by Act 1638, Deering’s General Laws of California, which shall require or permit the contestant, performer, spectator or participant therein to engage or participate in such contest for more than eight (8) hours during any twenty four (24) hour period, either continuously or intermittently; provided, however, that this section shall not be deemed to apply to endurance or marathon contests, exhibitions or races of aircraft where two (2) or more persons are employed or engaged in the operation of such aircraft at all times. [Formerly numbered Section 20-21; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-203: SALE AND INSTALLATION OF ELECTRICAL APPLIANCES, MATERIAL OR EQUIPMENT:

No person shall sell, offer, display for sale, or install any electrical appliance, material or equipment, of whatsoever kind or nature, made for or intended to be used in or as part of, or connected to, the electrical circuit of any house, building, or other structure, unless such appliance, material, equipment, or other thing has been approved, listed and labeled as conforming with the standards fixed by the Underwriter’s Laboratories, Inc., of the National Board of Fire Underwriters. [Formerly numbered Section 20-22; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-204: SALES OF AEROSOL CONTAINERS OF PAINT TO MINORS:

No person shall sell, furnish or dispense any aerosol container of paint or other liquid substance capable of defacing property to a minor under the age of eighteen (18) years. A violation of this section shall constitute an infraction. [Added by Ord. No. 2786; formerly numbered Section 20-22.1; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-205: SHOOTING OF BOWS AND ARROWS:

No person, other than a peace officer or animal control officer acting in the course and scope of their duties as such shall shoot or discharge any bow and arrow or similar device within the geographical limits of the City of Burbank, except when shooting at targets on an established public or private target range. For purposes of this section, such prohibition shall not apply to motion or still photography productions operating under a valid city issued permit. Such prohibition shall not apply to any person who uses, shoots or discharges an arrow from a bow when necessary to destroy, kill, distract, scare or immobilize any predatory or dangerous animal which poses an immediate threat of great bodily injury or death to any person or persons, including the shooter. [Added by Ord. No. 2847; formerly numbered Section 22.2; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3616, eff. 2/26/03, suspended by Reso. No. 26,441, enforced by Reso. No. 26,488.]

5-3-206: REPLICA FIREARMS:

A. 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.

B. 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.

C. 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 their duties, and the person committing such brandishing knows or has reason to know that such police officer, firefighter, emergency medical technician, or paramedic is engaged in the performance of their duties.

D. 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: 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.

E. Effective Date: The provisions of subsection A of this section shall not become effective or enforceable until January 1, 1988. [Added by Ord. No. 3085; formerly numbered Section 20-23; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-207: OBSTRUCTING PUBLIC SIDEWALKS AND PARKWAYS:

No person shall place or deposit upon any public sidewalk or parkway, any movable or immovable object of any character whatsoever.

A. Exceptions:

1. Boxes, barrels and other receptacles containing merchandise may be unloaded upon any public sidewalk or parkway in front of the place of business to which they are being delivered; provided such place of business has no entrance from the rear which can be practically used for such purposes, and further provided that such boxes, barrels or other receptacles are without delay removed from the sidewalk or parkway.

2. This section shall not apply to receptacles containing trees, shrubs or plants placed upon sidewalks or parkways in compliance with a permit issued by the Park, Recreation and Community Services Department or to garbage or waste matter receptacles placed upon sidewalks or parkways in accordance with Section 4-2-108 of this code.

3. The Public Works Director upon written application therefor may grant a permit revocable by them at any time for the installation and maintenance of directional signs as approved by them in parkways in the public interest; provided such signs are not for the benefit of any individual or commercial or industrial enterprise, and the written consent of the owner of record of the property upon which the sign is to be placed is filed with said application, and not more than three (3) such signs shall be permitted any person, and such signs shall not exceed ten (10) square feet of surface area and be within two thousand feet (2,000') of the building to which directed as measured along the streets, and provided further, no such permit shall be issued unless the applicant shall file a surety bond or policy of insurance which meets the requirements of Title 3, Chapter 6, Article 3 of this code, conditioned that the permittee will indemnify and save harmless the City, its officers and employees from any and all loss, costs, damages, expenses or liability which may result from or arise out of the granting of the permit, or the installation or maintenance of the sign for which the permit is issued, and that the permittee will pay any and all loss or damage that may be sustained by any person as a result of, or which may be caused by or arise out of, such installation or maintenance. The said bond or policy of insurance shall be in the sum of not less than fifty thousand dollars ($50,000.00) or injury to, including the death of one person, and for not less than one hundred thousand dollars ($100,000.00) for any one accident, and property damage in the sum of five thousand dollars ($5,000.00). Such bond or insurance shall be maintained in its original amount by the permittee at their expense at all times during the period for which the permit is in effect and shall provide that the insurance carried by the City shall only be considered as excess insurance above the amounts of the said bond or insurance policy, which shall for all purposes be deemed primary insurance, and no recourse shall be had to the insurance carried by the City until after the limit of the bond or insurance required hereby is exceeded.

4. This section shall not apply to news racks installed, used and maintained in accordance with the provisions of Article 10 of this chapter.

5. Exhibits, displays, merchandise, stands, equipment, etc., placed on public sidewalks and parkways within the area known as The Golden Mall, as such area is described and delineated in Section 1 of Ordinance No. 2051, passed and adopted on April 4, 1967, pursuant to permit issued by the Park, Recreation and Community Services Director.

6. Benches installed and maintained under permits issued by the Public Works Director.

B. Removal: Any object installed, placed or deposited in violation of this section, except signs, the removal of which shall be governed by Section 5-3-207.5 of this article and news racks, shall be summarily removed by City personnel and turned over to the Public Works Director for storage. The owner, if readily ascertainable, shall be promptly notified. Upon failure of the owner to claim such object and pay the expenses of removal and storage within thirty (30) days after removal, the object shall be deemed to be unclaimed property and shall be turned over to the Police Department for disposition in accordance with the provisions of Title 2, Chapter 2, Article 4 of this code. [Formerly numbered Section 20-24; Amended by Ord. No. 3260, eff. 8/24/91; 3058, 2559, 2553, 2495, 2409, 2407, 2330, 2213.] [Former BMC 20-24(a), California Newspaper Publishers Association v. City of Burbank (1975) 51 Cal.App.3d 50, 52, 123 Cal.Rptr.880]

5-3-207.5: REMOVAL OF SIGNS:

Any sign installed, placed or deposited in violation of Section 5-3-207 of this article, or Section 5-3-402 or 5-3-402.2 of this chapter may be summarily removed by the City and placed in storage; provided, however, that any sign determined to have a replacement value of less than fifty dollars ($50.00) may be immediately disposed of by City personnel. Upon removal, the owner, if ascertainable, of any sign determined to have a replacement value of fifty dollars ($50.00) or more, shall be promptly notified verbally or in writing. Upon failure of the owner to claim such sign and pay the expenses of removal and storage within thirty (30) days after removal, the sign may be disposed of without any further notice to such owner. [Added by Ord. No. 3260. Amended by Ord. No. 3672, eff. 7/16/05; 3641.]

5-3-208: BRINGING WATER OR ELECTRICAL POWER INTO THE CITY PRIVATE SALE/RESALE OF ELECTRICITY PROHIBITED:

a. Water and Electrical Power. It shall be unlawful for any person, corporation, or other entity (hereafter “Person”) other than the City to convey water by means of conduit or pipe into the City from outside the City for use, distribution or sale within the City. It shall be unlawful for any Person, other than the City, or an electric joint powers authority (whose primary purpose is to finance the acquisition of generation and transmission resources for its members and where the City is a member and operating agent), to conduct, transmit, generate or produce any electrical energy or power, in or outside the City for use, distribution or sale within the City. However, the City Manager may in the public interest permit any building or structure adjacent to the City’s boundaries to be served with water or electrical energy or power from a source located outside the City provided such permission is given in writing and is subject to revocation upon reasonable notice, and provided further that the water or electrical energy or power enters the City’s boundaries at a point approximately adjacent to the building or structure to be served. This section shall not prohibit a City electrical customer from using electric energy or power it generates on-site, such as solar.

b. Electric vehicle charging services. A Person may own, control, operate or manage a facility that only supplies electricity to the public for use to charge plug-in hybrid electric and battery electric vehicles (the “EV charging services”) without being characterized as a private sale or resale of electricity, but only if the price charged to the end user/customer does not exceed an amount equal to the equivalent cost that the City utility would have charged had it provided the same electric vehicle charging services to that end user/customer. Electric vehicle charging services authorized under this subsection, may utilize locally generated renewable solar energy to augment City supplied power. [Formerly numbered Section 20-25. Amended by Ord. No. 15-3,864, eff. 6/5/15; 14-3,851; 3058.]

5-3-209: SELF-SERVICE GASOLINE STATIONS, RECEIPT REQUIRED:

Any self-service gasoline station that requires payment prior to the sale of gasoline shall furnish a receipt to all customers upon such payment. [Added by Ord. No. 2789. Amended by Ord. No. 3058, eff. 2/21/87.]

5-3-210: CANNABIS ACTIVITIES:

A. Definitions. The words and phrases used in this Section 5-3-210 shall have the same meanings as set forth in Section 10-1-512.

B. Commercial cannabis activities of all types are prohibited in the City. No person shall establish, operate, conduct or allow a commercial cannabis activity anywhere within the City, except where the City is preempted by Federal or State law from enacting a prohibition on any such activity.

C. To the extent not already covered by subsection B above, all deliveries of cannabis are expressly prohibited within the City. No person or entity shall conduct any deliveries of cannabis that either originate or terminate within the City. Notwithstanding any other provision of this Code, primary caregivers, who are exempt from the licensing requirements of the Control, Regulate and Tax Adult Use of Marijuana Act and the Medicinal and Adult-Use Cannabis Regulation and Safety Act pursuant to California Business & Professions Code section 26033(b), may deliver medical cannabis to their qualified patients within the City, which number may not exceed five qualified patients.

D. To the extent not already covered by subsection B above, all cannabis retailers are expressly prohibited within the City. No person or entity shall establish or operate any cannabis retailer operation within the City.

E. Notwithstanding any other provision of this Code, cannabis cultivation for personal use is permitted in compliance with the following requirements:

1. A qualified patient or primary caregiver, who is exempt from specified licensing requirements under California Business and Professions Code section 26033, may cultivate cannabis for the personal use of qualified patients, so long as the total number of cultivated plants does not exceed six living plants.

2. Any individual who is 21 years of age or older may cultivate cannabis for personal use in compliance with California Health and Safety Code sections 11362.1 and 11362.2, so long as the total number of cultivated plants does not exceed six living plants.

3. All personal cannabis cultivation as permitted under this section shall be conducted outside or inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, so long as the cultivation area is in a locked space. Cannabis plants that are cultivated pursuant to this section shall not be visible from a public place. No more than the maximum amounts of cannabis plants permitted under subsections E.1. and E.2., respectively, shall be cultivated upon the grounds of a single private residence at one time.

F. Any activity conducted, or permitted to be conducted, in violation of any provision of this Section 5-3-210 or any other provision of this Code shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure section 731 or any other remedy available to the City. [Added by Ord. No. 16-3,872, eff. 2/26/16; Amended by Ord. No. 17-3,898, eff. 12/15/17.]

5-3-211: NUISANCE:

A. Purpose. Property owned by the City such as public parks, open spaces, parking lots, streets, alleys, public right of ways and other public areas (collectively Public Property) should be readily accessible and available to residents and the public at large. The use of these areas for unintended purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. The purpose of this Section is to maintain such Public Property in a clean, safe, and accessible condition.

B. General Nuisance. Anything which is injurious to health, or is indecent, or offensive to the senses, or any obstruction to the free use of Public Property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use in the customary manner of any Public Property is a nuisance.

C. Definitions.

City Manager means City Manager of the City of Burbank or designee.

Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city designated cooking facilities and similar equipment.

Personal effects means personal property such as:

• Medication, eye glasses, or other medical devices;

• Sleeping bag or bed roll which is sanitary and non-verminous;

• Tents in usable condition;

• Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous;

• Personal papers, photographs.

Store means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

D. Specific Prohibitions. Any of the following are a public nuisance.

1. Public urination and defecation in public. It shall be unlawful for any person to urinate or defecate in any public place except when using a urinal, toilet or commode located in a bathroom, restroom or other operating facility in a structure enclosed from public view.

2. Encroachment. No person shall encroach, as defined in BMC §7-3-701, on, in, over or under any real property, including easements and right-of-way, owned by the City, with any structure or object of any kind or character, temporary or permanent in nature, and whether such encroachment is real, personal or mixed property.

3. No person shall encroach on, or store personal property, within a 25 foot radius of designated critical utility infrastructure or other critical infrastructure as designated by the General Manager of Burbank Water and Power or the Public Works Director. This prohibition applies to designated critical infrastructure, marked accordingly, by signs stating the prohibition and such critical infrastructure shall include, but not be limited to, utility vaults, cabinets and boxes, manholes, reservoir vents or access points, pad mounted equipment, accessible paths and City facility entry points such as gates, driveways and access paths.

4. Storage of Personal Property. No person shall store unattended personal property, including camp paraphernalia, on any Public Property.

5. Illegal Activities. No person shall use illegal drugs or participate in other criminal activities on Public Property.

E. Section not exclusive definition or remedy. This Section is not the exclusive definition or designation of what constitutes a nuisance within the City. It shall supplement and be in addition to other regulatory codes, statutes, and ordinances heretofore and hereafter enacted by the city, state, or any other legal entity or agency having jurisdiction. Nothing in this Section will be deemed to prevent the City from commencing a civil action to abate a public nuisance as an alternative to or in conjunction with a proceeding pursuant to this Section or filing a criminal action to enforce this chapter.

F. Nuisance a misdemeanor. Every person who maintains or commits a nuisance, or who willfully omits to perform any legal duty relating to the removal of a nuisance, is guilty of a misdemeanor.

G. Enforcement. The City Manager is authorized to abate public nuisances on Public Property summarily or otherwise in the manner provided by this Section. Whenever the City Manager reasonably believes a public nuisance exists, the City Manager may commence abatement proceedings under this Section.

H. Removal of Encroachment on Public Property. The City Manager may remove personal property unlawfully stored or encroaching on a Public Property as follows:

1. The location of any personal property, including camp paraphernalia, will be tagged and dated with a notice including the following:

“It is illegal to store personal property in public places. If this personal property is not removed by (specify date at least seventy-two (72) hours from posting), this personal property will be deemed intentionally abandoned, and subject to removal and possible destruction.”

2. The City Manager may remove any personal property still unlawfully stored or remaining on the Public Property after the posting period has expired.

3. At the time of removal of any unlawfully stored or encroaching personal effects, the City Manager must conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location, giving the following information:

a. Personal effects have been removed;

b. A telephone number for information on retrieving personal effects;

c. The hours of operation where personal effects may be collected; and

d. The personal effects may be claimed for a period of 90 days from removal – notice will specify the 90th day.

4. Following removal of unlawfully stored or remaining personal effects, the City Manager must:

a. Maintain an inventory identifying the personal effects, and the location from which the personal effects were removed;

b. Place the removed personal effects in containers or bags labeled in a manner facilitating identification by the City Manager and the owner, and which reasonably protects such property from damage or theft; and

c. Store the removed personal effects in a location designated by the City for a period of ninety (90) days.

5. If personal effects are claimed within ninety (90) days from removal, unless the property is connected to a crime or is illegal to possess, the City will release the stored property to the owner upon the following:

a. The person claiming ownership clearly identifies and describes the property and the approximate location where the property was left by the owner.

b. The person claiming ownership completes and signs a release of property form.

I. Distribution of Removed Property.

1. Unlawfully stored or encroaching personal effects removed from Public Property and remaining unclaimed at the end of ninety (90) days from removal may be disposed of by the City.

2. All other unlawfully stored or encroaching personal property removed from a Public Property, pursuant to this chapter, is deemed intentionally abandoned and may be summarily abated and destroyed by the City.

3. All hazardous material unlawfully stored or encroaching on Public Property may be immediately removed or disposed of by the City without prior notice.

J. Personal Property Obstructing City Operations. At any time in which City operations are obstructed by personal property in a public area, the City Manager may take the following actions:

1. If the owner of the property is present, shall direct the individual(s) to move the property from the area. Individuals will be given up to 15 minutes to vacate the area. A refusal to move personal property, as directed, shall constitute an encroachment on public property prohibited by Section D, above.

2. If the owner of the property is not present, to eliminate the obstruction temporarily move the personal property to either:

a. An area contiguous to the original location, and the personal property may be left at the new location.

b. A non-contiguous site, but in the same vicinity. Once work is completed, a notice stating where the property was moved to should be left at the original site explaining it was interfering with City operations.

3. In situations where the property is unattended and there is no feasible place to temporarily place obstructing property and the operations of the City are of a routine nature, the procedure for the removal of personal property in Section H, above, shall be followed.

4. If an emergency exists and it is necessary to access City property to assist in remedying the emergency, and the procedures in 1 through 3 of this subsection are not feasible, then personal property may be removed to City’s off-site storage location without prior notice. Post removal procedures in Section H, subsections 3 through 5, must be followed to give notice of off-site removal and storage. [Added by Ord. No. 19-3,924, eff. 12/20/19; Ord. No. 19-3,925, eff. 11/19/19.]

ARTICLE 3. CRIMES AGAINST THE PUBLIC PEACE

5-3-301: DEMONSTRATION EQUIPMENT PROHIBITED:

A. No person shall carry or possess while participating in any demonstration, rally, picket line, or other such public assembly, any length of lumber, wood, wood lath or other wood product unless:

1. The other dimensions of such object do not exceed a thickness of one-fourth inch (1/4") and a width of two inches (2"), or if not generally rectangular in shape, such object shall not exceed three-quarters inch (3/4") in its thickest dimension; and

2. Such object is blunt and unsharpened at its end and edge.

B. No person shall carry or possess while participating in any demonstration, rally, picket line, or other such public assembly, any bar, shaft, rod, cable, wire, or other such length of hard metal, hard plastic, or other hard synthetic material. [Added by Ord. No. 2777; formerly numbered Section 20-26; renumbered by Ord. No. 3058, eff. 2/21/87; 2393.]

5-3-302: INTERFERING WITH PARADE:

No person shall join or participate in any parade for which a permit is required by the provisions of Title 6, Chapter 1, Article 17 of this code, nor in any manner interfere with its progress or orderly conduct, without the consent of the person holding the permit to conduct or manage such parade. [Formerly numbered Section 20-31; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-303: PICKETING PRIVATE RESIDENCES:

A. Purpose: This section is enacted in order to protect and preserve the enjoyment of the citizens of Burbank in their homes and dwellings and to protect and preserve the feeling of well being, tranquility, and privacy in the home. The Council finds that the practice of picketing before or about residences and dwellings causes emotional disturbance and distress to the occupants and has as its object harassing of such occupants.

B. Picketing of Residences and Dwellings: It is unlawful for any person to engage in picketing before or about the residence or dwelling of any individual. [Added by Ord. No. 3206, eff. 10/27/90.]

ARTICLE 4. CRIMES AGAINST PUBLIC PROPERTY

5-3-401: TAMPERING WITH SEWER:

No person shall tamper with, injure or break any part or portion of the sewer system of the City or any appliance owned by the City and used in connection therewith. [Formerly numbered Section 20-33; Amended by Ord. No. 3058, eff. 2/21/87.]

5-3-402: PLACING OF SIGNS ON PUBLIC STREETS:

No person shall paste, paint, print, nail, tack, tie or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any curb, lamppost, pole, hydrant, bridge, wall or tree in, on or over any public street, unless engaged as a public official or employee in the performance of a public duty, or required to do so by law; provided, however, that this section shall not apply to signs and/or street decorations authorized in accordance with the provisions of: a) Title 7, Chapter 1, Article 2 of this code, or b) Title 7, Chapter 3, Article 6 of this code; c) Section 5-3-402.1 of this article; or d) Section 5-3-402.2 of this article. [Formerly numbered Section 20-34; Amended by Ord. No. 3672, eff. 7/16/05; 3641, 3572, 3058, 2696.]

5-3-402.1: LOST PERSON/PET SIGNS ON PUBLIC STREETS:

A. Lost person/pet signs may be affixed to City lampposts and/or utility poles in the public right of way only in accordance with this section. A lost person/pet sign is a sign that as its sole purpose alerts people as to a lost person or pet and indicates a method to contact someone with information regarding such lost person or pet.

B. No person may affix a lost person/pet sign to a City lamppost and/or utility pole in the public right of way without obtaining a lost person/pet sign permit from the Community Development Department office within the time period specified in this section. The permit must be obtained no later than two (2) days after a person has posted a lost person/pet sign. If two (2) days after the first day of posting the sign falls on a weekend or holiday, the permit must be obtained on the next business day after such weekend or holiday.

C. A lost person/pet sign permit authorizes up to fifty (50) signs to be posted for one consecutive fourteen (14) day period. Only two (2) lost person/pet sign permits may be issued to the same address in one calendar year.

D. A lost person/pet sign may only be one sided and the total face area of the sign may not exceed two (2) square feet.

E. The permit applicant shall remove or cause to be removed all lost person/pet signs that were the subject of the permit and any material and/or devices used to fasten the lost person/pet signs within two (2) days of the expiration of the fourteen (14) day posting period. [Added by Ord. No. 3572, eff. 4/21/01; Amended by Ord. No. 3828, eff. 8/24/12.]

5-3-402.2: TEMPORARY RESIDENTIAL REAL ESTATE “OPEN HOUSE” SIGNS ON PUBLIC STREETS:

A. Temporary residential real estate open house signs may be placed on public right of way by permit and only in accordance with the restrictions on signs set forth in this section. For the purposes of this section, “residential real estate open house sign” means a temporary sign that solely indicates that residential property, or portion thereof, is for sale, lease, or rent and provides directions to the property and “open house” information. Additionally, all signs shall provide the information required in subsection B9 of this section.

B. All temporary residential real estate open house signs are subject to the following conditions:

1. Size: The total face area of the signs shall not exceed twenty four inches by twenty four inches (24" x 24") in size.

2. Height: The vertical distance measured from ground level to the highest point of such sign or sign structure or other support shall not exceed three feet (3').

3. Local Address: Signs shall only advertise a residence in the City of Burbank.

4. Limit: No more than four (4) signs per property for sale, lease or rent shall be posted within the public rights of way.

5. Type: Signs shall be mounted either on stakes placed in the ground or with an A-frame support of sufficient weight so that the sign remains upright when mounted. Signs and any supporting structures shall be maintained in good condition at all times and shall be constructed out of quality materials normally used in professional signage. No balloons or flags or similar devices may be affixed to the sign.

6. Location: No sign shall be placed, used or maintained:

a. On trees, traffic signs or utility poles, nor be placed in such a manner as to obstruct the view of any official public sign.

b. On right of way if the location obstructs the safe and convenient use by the public of any street, sidewalk, or curbside parkway area.

c. In any roadway area or center median area.

d. At any location whereby the clear space for the passageway of pedestrians is reduced to a width that violates the Americans with Disabilities Act.

e. Within eighteen inches (18") from the face of curb.

f. On streets undergoing construction, nor on streets with special events.

g. Within five feet (5') of the beginning of the curb return of any two (2) intersections, whether the intersections have marked or unmarked crosswalks, as depicted in figure 1.

h. Within five feet (5') of any of the following: driveway; traffic signal; traffic sign; designated bus stop sign; bus bench or any other bench on the sidewalk.

7. Time: Signs shall only be displayed during the “open house” and only on Saturdays and Sundays (or federal or state holidays) not earlier than eight o’clock (8:00) A.M. and must be removed no later than dusk or six o’clock (6:00) P.M., whichever is earlier. On Thursdays, signs may be displayed no earlier than eight o’clock (8:00) A.M. and removed no later than two o’clock (2:00) P.M.

8. Permit: No person may place a sign in the public right of way without obtaining an “open house” real estate sign permit from the Public Works Department within the time period specified in this section. The fee for such permit shall be set forth in the Burbank Fee Resolution, as amended from time to time.

a. Permittee: The permittee shall sign an application form as required by the Public Works Director whereby it agrees to comply with this section.

b. Indemnification: The permittees shall indemnify and hold the City, its officers, employees, and representatives, harmless from all liability for damage or claims for damage for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the permittees, agents, employees, or other persons acting on the permittees’ behalf for all damages and claims for damages suffered or alleged to have been suffered by reason of the obligations referred to in the permit, regardless of whether or not the City approved plans or specifications or inspected any of the signs erected pursuant to this permit.

c. Insurance: Permittee shall provide proof of and shall maintain in force, policies of insurance, or certificates thereof, of comprehensive public liability insurance in a combined single limit amount of at least one million dollars ($1,000,000.00). Such insurance shall be procured from an insurer authorized to do business in California, shall provide primary and not excess coverage, shall name the City of Burbank as additional insured. This provision may be waived if permittee is not a professional real estate broker or agent; receives a permit for no more than one sign per day and requests a waiver due to hardship. Lapse of valid insurance shall immediately render void any permit issued herein.

d. Annual Permit: A permit may be issued on an annual basis with a term from July 1 to June 30. Permits may be issued for less than a year with a prorated permit fee.

e. Decal Required: Each sign placed in the public right of way must have a real estate open house sign decal, which shall be displayed on each sign at all times and in accordance with rules adopted by the Public Works Director.

9. Identification Required: Every person who places or maintains a residential real estate open house sign on the streets of the City of Burbank shall have their name, address, and telephone number affixed to the sign in an area not to exceed two inches by three inches (2" x 3") (business card size). [Added by Ord. 3641, eff. 7/24/04; Sunset Provision repealed by Ord. No. 3672, eff. 7/16/05.]

5-3-403: PLACING OF PLACARDS OR ADVERTISING MATTER ON CITY VEHICLES:

No person shall place, attach, post, paint or stick any bill, sign, placard, poster card or advertising material in or upon a City owned vehicle, except that this section shall not apply to official matter placed, attached, posted, painted or stuck in or upon any City vehicle by or on behalf of the City. [Formerly numbered Section 20-35; Amended by Ord. No. 3058, eff. 2/21/87.]

5-3-404: MUTILATING FLOOD CONTROL WORK:

No person shall remove, mutilate, cut through, destroy or disturb in any manner whatsoever, any of the protection work, embankments or other flood control work, in any stream, watercourse, waterway, channel or wash; nor shall any person interfere with any rain or stream gauge nor any communication system installed in connection with any flood control work without a permit from the Council so to do. Whenever property owned or constructed by the Los Angeles County Flood Control District may be affected, no permit shall be issued by the Council unless a similar permit has first been obtained from the authority having jurisdiction and control over such Flood Control District. [Formerly numbered Section 20-36; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-405: OBSTRUCTING FLOOD CONTROL PROPERTY:

No person shall place, or cause to be placed, upon any property over which the Los Angeles County Flood Control District has an easement for flood control purposes duly recorded in the office of the County Recorder, any wires, fence, building or other structure or any rubbish, refuse, tin cans or other matter that may impede, retard or change the direction of the flow of water in any river, stream, waterway, watercourse, channel, arroyo or wash, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the storm and floodwater would carry the same downstream, to the damage and detriment of either private or public property adjacent to such river, stream, waterway, watercourse, channel, arroyo or wash. [Formerly numbered Section 20-37; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-406: OBSTRUCTING WATERWAY:

No person shall construct, or attempt to construct, any stonework, abutment, or any means to divert, alter, change or disturb the natural channel of any stream, watercourse, waterway, channel or wash, without a permit from the Council so to do. [Formerly numbered Section 20-38; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-407: CONSTRUCTION NEAR WATERWAY:

No person shall build, construct or maintain any dwelling, business structure, garage or outbuilding within a distance of thirty feet (30') from the centerline of the Burbank Wash, or any other watercourse, waterway or wash without a permit of the Council so to do and approval by the Public Works Director of plans and specifications for such construction. [Formerly numbered Section 20-39; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-408: REMOVAL OF SAND OR OTHER MATERIAL FROM WATERWAY:

No person shall remove any sand, gravel or material of any kind from any stream, watercourse, waterway, channel or wash. [Formerly numbered Section 20-40; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-409: SOLICITATION OR SALE OF MERCHANDISE ON CITY PROPERTY:

No person shall solicit, sell, offer to sell, take orders for, or exhibit any goods, services or merchandise for themselves or on behalf of any person in any manner to any person at any time in any City building, or in or upon any property or premises under the control of the City, except any street, sidewalk or other public way, unless said sale, solicitation or exhibition is made to or for the City, any of its departments, or any association of City employees officially recognized by the City Council, or unless said sale, solicitation or exhibition is made by virtue of or under a written agreement with the City or any of its departments. [Formerly numbered Section 20-41; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-410: UNLAWFUL TO BE IN PARKS WHEN CLOSED:

A. Except to allow for the completion of any authorized recreational or permitted activity, it shall be unlawful to enter or remain in any public park, playground or other recreational facility between the hours of ten o’clock (10:00) P.M. and sunrise; or in Bel Aire Ballfield, Palm Ballfield, Maple Street Playground, Miller Park, Santa Anita Playlot, Stough Park or Wildwood Canyon Park from thirty (30) minutes after official sunset to sunrise.

B. The foregoing restriction shall not apply to emergency vehicles, governmental agencies or to officers or employees of the City or any other public agency which is required or finds it necessary to enter or remain in any public park, playground or other recreational facility in the performance of its duties and during such times as entry or occupancy is permitted in writing by the Park, Recreation and Community Services Director. [Added by Ord. No. 2521; formerly numbered Section 20-41.1; Amended by Ord. No. 3421, eff. 12/9/95; 3058, 2884, 2798, 2702.]

ARTICLE 5. CRIMES AGAINST PRIVATE PROPERTY

5-3-501: TRESPASS AND UNLAWFUL ENTRY:

A. No person shall trespass upon the real property of another where signs forbidding trespass are posted at each corner of the property; provided, however, that where such property exceeds one acre in area, signs must also be posted at intervals of three hundred feet (300') or less, on or near the boundary lines of such property. The signs herein required shall be at least one square foot in area, and shall be placed at least three feet (3') above the normal level of the ground. The words forbidding trespass shall be at least two inches (2") in height and shall read as follows: “Private Property No Trespass”. Other words shall be added, as may be desired, to indicate that trespassers are subject to prosecution under this section. If the letters on the sign are black or red, the background shall be white; and vice versa. This section shall have no application to any officially authorized peace officer or law enforcement agent in the execution of their official duty, nor to any person calling at the residence or place of business of another person for the purpose of visiting or of transacting legitimate business. This section is intended to supplement Section 602 of the Penal Code of the State.

B. The provisions of subsection A of this section shall apply to any public property that is posted as provided in subsection A of this section except the words forbidding entry shall read as follows: “Restricted Entry Authorized Personnel Only”. [Formerly numbered Section 20-42; Amended by Ord. No. 3325, eff. 1/23/93; 3058.]

5-3-502: NIGHTTIME SOLICITATION ON PRIVATE RESIDENTIAL PREMISES WITHOUT INVITATION PROHIBITED:

It shall be unlawful for any person to go upon private residential premises between the hours of sunset and nine o’clock (9:00) A.M. for the purpose of engaging in any form of peddling or solicitation, unless such person has been previously requested or invited so to do by the owner or occupant of said premises. [Added by Ord. No. 2400; formerly numbered Section 20-42.1; Amended by Ord. 3437, eff. 4/20/96; 3058.]

5-3-503: UNAUTHORIZED GAS CONNECTION:

No person except an authorized agent or employee of a person engaged in the business of furnishing or supplying gas, and whose service pipes supply or connect with the particular premises, shall turn on, connect, or reconnect gas service in or upon any premises wherein gas service is not, at the time, being rendered. This section is intended to supplement Section 498 of the Penal Code of the State. [Formerly numbered Section 20-43; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-504: REFUSING TO PAY TAXI FARE:

No person, after having hired a motor vehicle regularly engaged in the business of carrying passengers for hire, which operates at scheduled rates under the direction of the person hiring the same and not over a defined route, shall refuse to pay the legal fare of such vehicle, nor shall any person hire any such vehicle with intent to defraud the person from whom it is hired of the value of such service. [Formerly numbered Section 20-44; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-505: OUTSIDE LIGHTS:

Outdoor lighting consisting of spotlights, floodlights and similar illuminating media, shall be installed, regulated and maintained by the owner and person in control thereof, so as to reflect the light away from any adjoining residential premises and avoid disturbance, annoyance or interference to persons upon such adjoining premises. This section shall not apply to:

A. Street lights and other lights owned or operated by the City.

B. Lights used during the Christmas season only, commonly known as Christmas lights. [Formerly numbered Section 20-45; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 6. MALICIOUS MISCHIEF

5-3-601: FALSE INFORMATION TO POLICE OR FIRE DEPARTMENT:

No person shall wilfully make any false, misleading or unfounded report to the Police Department or Fire Department, or to any officer or employee thereof in the performance of their official duties, for the purpose of interfering with the operation of such department, or with intent to mislead such officer or employee. [Formerly numbered Section 20-46; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 7. CIRCULATION OF PETITIONS

5-3-701: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates;

CIRCULATE: Present, exhibit, show, hold out.

PETITION: Any document, instrument or paper intended for presentation to any governmental agency or legislative body or intended, calculated, or expected to influence legislation or governmental action or inaction. [Formerly numbered Section 20-49; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-702: LEGISLATIVE DECLARATION:

The Council finds that numerous persons and organizations have been and are circulating petitions and soliciting signatures thereto on the public sidewalks, streets and by house to house canvass, that in many instances inquiry is made of City officials concerning who the sponsors and circulators of various petitions are and no information is available to City officials to answer such inquiries; that claims are made that the contents, meaning and purpose of many petitions are frequently misrepresented and that citizens have been persuaded to sign petitions by fraud and misrepresentation concerning the meaning and purpose of the same; that inquiry has been made to public officials by persons signing such petitions how they could contact the circulators to have their name removed from such petitions and City officials have been unable to advise the signer who the circulator was or where they could be found; that there are adequate provisions of the law regulating the circulation of petitions relating to elections and the like with penalties for violation provided, but that there are no present regulations of other petitions being circulated on the public streets; that some of the petitions being circulated pertain to matters of national and local defense and by the practice of fraud and misrepresentation signatures are secured to petitions and presented to government bodies and agencies which purport to express the views of the persons signing the same but which in truth and fact would not have been signed if the true facts were known to the persons signing the said petitions; that the public safety, peace, and welfare demands the exercise of the police power of the City in the enactment of this article. [Formerly numbered Section 20-50; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-703: REQUIREMENTS TO CIRCULATE PETITIONS OR SOLICIT SIGNATURES:

It shall be unlawful for any person to circulate a petition or solicit signatures on a petition in the City without first having:

A. Delivered three (3) copies of the proposed petition to the City Clerk not less than three (3) days before such petition is circulated or signatures solicited; and

B. Subscribed and sworn to a statement and delivered the same to the City Clerk not less than three (3) days before such petition is circulated or signatures solicited, stating:

1. The name and address of the person sponsoring such petition.

2. The name and address of the person financing the cost of printing, preparation, distribution and circulation of such petition. [Formerly numbered Section 20-51; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-704: EXCEPTIONS:

This article shall not apply to:

A. A petition expressly and specifically provided for by any national, state, or local law; or

B. A petition relating to, required, or provided for by the zoning provisions of this code or by street, sewer or other public improvement proceedings; or

C. A petition provided for by the laws relating to initiative, referendum and recall; or

D. Any petition provided for by the State election laws;

E. Any petition addressed to the Council pertaining to traffic in the streets or to the making, location, removal or abandonment of a public improvement. [Formerly numbered Section 20-52; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-705: IDENTIFICATION CARD:

No person shall circulate a petition without having in their possession an identification card issued by the City Clerk, which shall state:

A. The title or nature of the petition.

B. The name of the sponsor.

C. The name and address of the circulator.

Such card shall be issued to any person applying therefor in person at the office of the City Clerk, or may be issued in quantity at the time of compliance with Section 5-3-703 of this article with subsection C of this section left blank, in which event it shall be the duty of the person to whom such cards are issued in quantity to report to the City Clerk the name and address of each person to whom such card is given, such report to be made in writing within seventy two (72) hours from the time the card is given to the circulator. All cards not used shall be returned to the City Clerk upon demand. [Formerly numbered Section 20-53; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-706: ALTERATION OR TRANSFER OF IDENTIFICATION CARD PROHIBITED:

No person shall alter an identification card issued under the provisions of this article or transfer such card to another or permit another to use such an identification card in the circulation or solicitation of signatures to a petition. [Formerly numbered Section 20-54; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-707: DISPLAY OF IDENTIFICATION CARD:

No person shall circulate or solicit signatures to a petition unless the identification card issued by the City Clerk is affixed to the petition in clear view of the person signing the petition or is shown to the person signing the said petition. [Formerly numbered Section 20-55; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-708: MISREPRESENTATIONS PROHIBITED:

No person, in the circulation of or solicitation of signatures to any petition, shall misrepresent its contents, purpose or intent. [Formerly numbered Section 20-56; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 8. REGULATION OF DANGEROUS FIREARMS AND WEAPONS

5-3-801: LICENSE TO SELL FIREARMS AT RETAIL:

Any person engaging in the business of selling or otherwise transferring, or renting, or advertising for sale, or offering or exposing for sale or transfer or rental at retail, pistols, revolvers, or other firearms capable of being concealed upon the person, shall obtain the license required by Title 2, Chapter 1, Article 4, of the Penal Code of the State of California from the Community Development Department, the purpose of this section being to provide for the granting of the local license prescribed by Section 12071 and amendments thereto of said Penal Code. No license shall be issued by the Community Development Department hereunder unless first approved by the Chief of Police, in writing. Said license shall be in form as prescribed by the Attorney General and subject to the conditions prescribed by Section 12071 and amendments thereto of the Penal Code of the State of California. [Formerly numbered Section 20-57; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

5-3-802: UNLAWFUL TO SELL WITHOUT PRIOR NOTICE TO CHIEF OF POLICE:

No person shall sell, deliver or otherwise transfer any pistol, revolver, or other firearm capable of being concealed upon the person, to any person without notifying the Chief of Police of the intended sale or transfer at least twenty four (24) hours before the transfer is made, giving the name and address of the transferor, a description of the firearm, and the name and address of the transferee. [Formerly numbered Section 20-58; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-803: PERMIT TO DISCHARGE FIREARMS AND OTHER WEAPONS:

No person shall fire, shoot or discharge any gun, rifle, pistol or other firearm, or any air gun, air rifle or air pistol, or any spring gun, spring rifle or spring pistol, or any carbon dioxide or other gas operated gun, rifle or pistol without first having obtained a permit from the Chief of Police so to do.

Any permit issued by the Chief of Police under this section shall state the purposes for which issued, time or times for shooting, and date of expiration. No permit shall be valid for a period in excess of seven (7) days.

The provisions of this section shall not apply to a peace officer in the performance of their duty, nor to any person:

A. While shooting in a municipally licensed or municipally owned or operated shooting gallery, pistol or target range; or

B. While shooting in any place or location approved, in writing, by the Chief of Police for target practice or shooting; or

C. While shooting in and as a part of an adult supervised training program or curriculum of any public or private school or club or association organized for instruction in the use of firearms; or

D. While lawfully defending life or property. [Formerly numbered Section 20-59; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-804: CONCEALED WEAPONS; PERMIT; FEE:

No person, except a peace officer, shall wear, or in any manner carry, concealed upon their person any loaded or unloaded gun, pistol or revolver, or any other dangerous or deadly weapon without having, at the same time, actually in their possession and upon their person, a permit so to do from the Chief of Police. Such permits shall be numbered, consecutively, in the order in which they are issued. No permit shall be granted for a longer period than one year. Each such permit shall be in a form prescribed by the Attorney General and shall state the name, occupation, residence, and business address of the applicant, their age, height, weight, color of eyes and hair; and reason for desiring a license to carry the weapon. Such license shall, in addition, contain a description of the weapon or weapons authorized to be carried, and if a firearm give the name of the manufacturer, the serial number and the caliber. No person shall be issued a permit under this section without paying the City a registration fee of three dollars ($3.00). [Formerly numbered Section 20-60; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-805: RECORDS OF LICENSES AND PERMITS:

The Chief of Police shall keep a record of all licenses and permits issued under this article. [Formerly numbered Section 20-61; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-806: DANGEROUS OR DEADLY WEAPONS:

A. Definition: “Dangerous or deadly weapons” includes, but is not limited to: any dirk or dagger; any knife with a blade three inches (3") or more in length, and any snap blade or spring blade knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight edge razor or any razor blade fitted to a handle; any dangerous or deadly weapon within the meaning of any law of this State restricting the use thereof; and any cutting, stabbing or bludgeoning weapon or device capable of inflicting grievous bodily harm; and any firearm other than one carried pursuant to a valid permit, issued by a duly authorized governmental authority, or an ordinary rifle, shotgun, or handgun lawfully carried for purposes of hunting or other lawful sport. It shall not include an official Boy Scout knife or similar knife acquired for and used for the Boy Scouts of America program or Girl Scout program or any similar nationally recognized youth program.

B. Loitering with Concealed Weapon: No person shall, while carrying concealed upon their person any dangerous or deadly weapon, loaf or loiter upon any public street, sidewalk or alley or wander about from place to place with no lawful business to perform, or hide, lurk or loiter upon or about the premises of another.

C. Fighting with Concealed Weapon: No person shall, who has concealed upon their person or who has in their immediate physical possession any dangerous or deadly weapon, engage in any fight or participate in any rough or disorderly conduct upon any public place or way or upon the premises of another.

D. Loitering with Concealed Weapon Where Intoxicating Liquor Sold: No person shall, who has concealed upon their person any dangerous or deadly weapon, loiter about any place where intoxicating liquors are sold or any other place of public resort.

E. Carrying Weapon in Automobile; Exceptions: No person shall have in their possession, in any automobile, any dangerous or deadly weapon, but this restriction 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 sport or recreation. [Formerly numbered Section 20-62; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-807: SALE OF AMMUNITION TO MINORS:

No person shall sell, exchange, give or loan to any person under sixteen (16) years of age any ammunition, cartridge, shell, pellets, BB shot, shot or other missile designed for use in any firearm or spring or air gun or gas operated gun of any description. Shooting galleries and ranges may furnish ammunition to persons under sixteen (16) years of age to be expended at the gallery or range under the supervision of a responsible adult, provided the parent or guardian personally appears and consents in writing. [Formerly numbered Section 20-63; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-808: POSSESSION OF FIREARMS BY MINORS:

A. No person under sixteen (16) years of age shall have in their possession any firearm, spring gun, air gun or gas operated gun, or ammunition for such weapons.

This section shall not apply to a minor under the age of sixteen (16) years when engaged in shooting as provided for in Section 5-3-803 of this article, or when traveling to and from any of the places mentioned in subsections 5-3-803A, B. and C of this article for the purposes of shooting.

B. Other Dangerous Devices: No person under sixteen (16) years of age shall have in their possession any other device not mentioned in subsection A of this section capable of discharging a dangerous or deadly missile unless engaged in shooting or practicing at a location designated for such purpose by the Chief of Police, or when traveling to or from any such location, or when defending life or property.

C. Applicability: The preceding subsections A and B of this section shall be applicable to minors between sixteen (16) and eighteen (18) years of age, in possession of the items mentioned therein, without the consent of a parent or legal guardian. [Formerly numbered Section 20-64; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 9. UNLAWFUL DISPLAY OF BREASTS AND PRIVATE PARTS

5-3-901: LEGISLATIVE AUTHORIZATION:

This article is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. [Added by Ord. No. 2250; formerly numbered Section 20-65; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-902: DEFINITIONS:

A. WORDS USED IN STATE LAW: All words used in this article which also are used in Sections 318.5 and 318.6 of the Penal Code are used in the same sense and mean the same as they are intended to mean in the said sections.

B. THEATER: As used in this article, and in Sections 318.5 and 318.6 of the Penal Code, the phrase “theater, concert hall, or other similar establishment which is primarily devoted to theatrical performances” shall mean a building, playhouse, room, hall or other place having an unobstructed view of the stage, upon which theatrical or vaudeville or similar performances are given, and in which the serving of food, beverages, or both, is clearly incidental to such performances. This definition does not supersede the provisions of subsection A of this section. [Added by Ord. No. 2250; formerly numbered Section 20-66; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-903: PROHIBITION AGAINST THE DISPLAY OF FEMALE BREASTS:

Every female 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:

A. Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line, or

B. Employs any device or covering, which is intended to simulate such portions of the breast, or

C. Wears any type of clothing so that any portion of such part of the breast may be observed. [Added by Ord. No. 2250; formerly numbered Section 20-67; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-904: PROHIBITION AGAINST DISPLAY OF PRIVATE PARTS:

Every person is guilty of a misdemeanor who:

A. Exposes their private parts or buttocks, or employs any device or covering which is intended to simulate the private parts or pubic hair of such person, 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, or

B. Permits, procures or assists any person to so expose themselves, or to employ any such device. [Added by Ord. No. 2250; formerly numbered Section 20-68; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-905: ACCESSORIES:

Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this article. [Added by Ord. No. 2250; formerly numbered Section 20-69; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-906: EXCEPTIONS:

This article does not apply to:

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

B. Any act authorized or prohibited by any state statute. [Added by Ord. No. 2250; formerly numbered Section 20-70; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 10. NEWS RACKS

5-3-1001: PURPOSE AND INTENT:

A. Findings: The Council of the City of Burbank finds and declares that:

1. The uncontrolled placement and maintenance of news racks in the public right of way can constitute a threat to public health, safety, and welfare.

2. News racks which display materials describing and depicting explicit sexual conduct and nudity are thrust indiscriminately on children and unwilling adults.

3. These factors constitute an unreasonable interference with and obstruction of the use of public rights of way, constitute an unwarranted invasion of individual privacy, are injurious to health, offensive to the senses, and constitute such an obstruction of the free use of property as to interfere in the comfortable enjoyment of life and property by the entire community.

4. The Council recognizes, however, that the use of such rights of way is so historically associated with the sale and distribution of newspapers and publications that access to those areas for such purposes should not be absolutely denied. The Council further finds that these strong and competing interests require a reasonable accommodation which can only be satisfactorily achieved through the means of this article which is designed to accommodate such interests by regulating the time, place and manner of using such news racks.

B. Purpose: The purpose of this article is to promote the public health, safety, and welfare through the regulation of placement, appearance, number, size, and servicing of news racks on the public rights of way so as to:

1. Provide for pedestrian and driving safety and convenience.

2. Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any place of business or from the street to the sidewalk.

3. Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs and signals, hydrants, mailboxes, and similar appurtenances, and access to locations used for public transportation purposes.

4. Reduce visual blight on the public rights of way, protect the aesthetics and value of surrounding properties, and protect the quiet of residential areas.

5. Reduce exposure of the City to personal injury or property damage claims and litigation.

6. Protect the right to distribute information, protected by the United States and California Constitutions, through the use of news racks.

C. Preservation of Constitutional Rights: It is not the intent of this article to in any way discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any printed material that is constitutionally protected. [Added by Ord. No. 3108, eff. 5/21/88.]

5-3-1002: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates:

EXPLICIT SEXUAL ACTS: Depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other acts of sexual arousal involving any physical contact with a person’s genitals, pubic region, pubic hair, perineum, anus or anal region.

HARMFUL MATTER: For purposes of this article, “harmful matter” is as defined in Title 9, Chapter 7.6 (section 313) of the California Penal Code and any subsequent amendments thereof.

NEWS RACK: Any self-service or coin operated box, container, storage unit or other dispenser installed, used, or maintained for the display, sale, or free distribution of newspapers or news periodicals.

PARKWAY: That area between the sidewalk and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area with a roadway which is not open to vehicular travel.

PERSON: Any person or persons, or entity including but not limited to a corporation, partnership, unincorporated association or joint venture.

PUBLIC WORKS DIRECTOR: Refers to the Public Works Director or the designee of the Public Works Director.

ROADWAY: That portion of a street improved, designed, or ordinarily used for vehicular travel.

SEXUAL AROUSAL, GRATIFICATION OR AFFRONT: When used in this article to state the purpose or effect of statements, words, pictures or illustrations means depictions of the following subjects or acts:

A. Sexual intercourse, oral copulation, anal intercourse, oral-anal contact, bestiality, direct physical stimulation of genitals, flagellation or torture in the context of a sexual relationship, or any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprolagnia, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

B. Human genitals in a state of sexual stimulation, arousal, or tumescence; or

C. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

D. Fondling or touching of human genitals, pubic region, buttock, or female breast; or

E. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

F. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

G. Human excretion, urination, menstruation, vaginal or anal irrigation.

SIDEWALK: Any surface provided for the exclusive use of pedestrians.

STREET: All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. [Added by Ord. No. 2553; formerly numbered Section 20-71; Amended by Ord. No. 3413, eff. 10/21/95; 3108, 3058, 2973.]

5-3-1003: NEWS RACKS PROHIBITED ON ROADWAYS, PARKWAYS, AND SIDEWALKS:

A. Roadway Prohibition: No person shall install, use, or maintain any news rack which projects onto, into, or over, or which rests, wholly or in part, upon any part of the roadway or parkway of any public street.

B. Sidewalk Restrictions: No person shall install, use, or maintain any news rack which in whole or in part rests upon, in, or over any public sidewalk: 1) when such installation, use, or maintenance endangers the safety of persons or property; 2) when such site or location is used for public utility purposes, public transportation purposes, or other governmental use; 3) when such news rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including legally parked or stopped vehicles; the ingress into or egress from any residence or place of business; the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location; 4) when such news rack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery; or 5) in any other manner inconsistent with or in violation of the provisions of this chapter. [Added by Ord. No. 2553; formerly numbered Section 20-72; Amended by Ord. No. 3413, eff. 10/21/95; 3108, 3058.] [Former BMC 20-24(a), California Newspaper Publishers Association v. City of Burbank (1975) 51 Cal.App.3d 50, 52, 123 Cal.Rptr.880]

5-3-1004: REGISTRATION OF LOCATION:

A. Registration: Except as provided in this article, no person shall install or maintain any news rack which in whole or in part rests upon, in, or over any public sidewalk without first registering with the Public Works Director the following:

1. The name, address, and telephone number of the owner of the news rack;

2. The location of each news rack to be installed or maintained in the City.

3. If a registered space remains vacant for two (2) weeks at any time after registration, the registration shall be void.

B. Location Designation: From the above registration information the Public Works Director shall approve the locations. They shall be guided therein solely by the standards and criteria set forth in this article. In any case where the Public Works Director disapproves of a particular location, such disapproval shall be without prejudice to the registrant designating a different location or locations.

C. Removal and Relocation of News Racks: The Public Works Director’s approval of a news rack location shall not in any event constitute an easement on nor an encumbrance against the public right of way. No right, title or interest in the public property on which the news rack is located, or any part thereof, shall vest or accrue in the owner of the news rack by reason of the Public Works Director’s approval of a news rack location. In the event that the news rack must be removed due to either public or private improvements of the location in which the news rack is located, the owner of the news rack shall bear the cost of such removal and relocation.

D. Special Requirements for News Racks on San Fernando Boulevard:

1. It is the intent of the City Council to strictly regulate the location of news racks on San Fernando Boulevard between Angeleno Avenue and Magnolia Boulevard so as to not adversely impact the aesthetic nature of the area. The placement of news racks in this area shall be restricted to locations on existing city built low concrete landscape walls as designated by the Public Works Director per map of area maintained in the Public Works Department. The news racks shall be bolted directly to the concrete landscape walls and not the sidewalk. Two (2) or more news racks stacked vertically are prohibited in this area.

2. No person shall place or maintain a news rack on San Fernando Boulevard between Angeleno Avenue and Magnolia Boulevard except in areas designated by the Public Works Director.

3. The Public Works Director shall allocate the news rack spaces available on San Fernando Road between Angeleno Street and Magnolia Boulevard to the distributors of news rack publications on the basis of the priorities established in subsection 5-3-1007D of this article.

E. Registration Fee: In order to provide for the costs of the administration of this article, there shall be imposed a nonrefundable registration fee and annual renewal fee for each news rack as established by the Burbank Fee Resolution.

F. Application: All persons required by Penal Code Section 313.1(c)(2) to supervise news racks that display, sell, or offer to sell “harmful matter” as defined by Penal Code Section 313 shall complete an application that inquires as to whether or not the person has been convicted of any misdemeanor or felony offense specified in Penal Code Section 11105.3(h)(1). By submitting such an application, applicants are deemed to agree to a criminal history search and shall, with the application, submit fingerprints for that purpose as provided in Penal Code Section 11105(b)(10) and 11105(i). [Added by Ord. No. 3108; Amended by Ord. 3615, eff. 2/15/03; 3413.]

5-3-1005: HOLD HARMLESS:

A. Indemnification: Every owner of a news rack who places or maintains a news rack on a public sidewalk in the City of Burbank shall file a written agreement with the Public Works Director in a form satisfactory to the City Attorney, whereby such owner agrees to indemnify and hold harmless the City, its officers, and employees, from any loss, liability, or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use and/or maintenance of a news rack within the City of Burbank. The agreement will further provide that the owner of the news rack is responsible for removal of the news rack and repair of the sidewalk in the event the owner no longer uses the news rack for the display, sale, or free distribution of newspapers or other periodicals.

B. Insurance: Every owner of a news rack who places or maintains a news rack on a public sidewalk in the City of Burbank shall file with the Public Works Director in a form satisfactory to the City Attorney, a certificate of insurance providing evidence that the owner is covered by public liability insurance in an amount of not less than five hundred thousand dollars ($500,000.00). The owner shall name the City of Burbank as an additional insured on a separate endorsement to the insurance policy and provide proof of this endorsement. The endorsement shall require the insurance company to provide the City of Burbank with a minimum of ten (10) days’ notice prior to the cancellation of the policy. The owner of a news rack shall keep current the insurance required by this provision. [Added by Ord. No. 3108; Amended by Ord. No. 3413, eff. 10/21/95.]

5-3-1006: NEWS RACK IDENTIFICATION REQUIRED:

Every person who places or maintains a news rack on the streets of the City of Burbank shall have their name, address, and telephone number affixed to the inside transparent lid face. [Added by Ord. No. 2553; formerly numbered Section 20-76; Amended by Ord. No. 3413, eff. 10/21/95; 3108, 3058.]

5-3-1007: STANDARDS FOR THE INSTALLATION, MAINTENANCE AND OPERATION OF NEWS RACKS:

Any news rack which in whole or in part rests upon, in or over any public sidewalk shall comply with the following standards:

A. Placement:

1. News racks shall be placed on sidewalks adjacent to the curb with the back of the news rack to the roadway and not less than eighteen inches (18") nor more than twenty four inches (24") from the face of the curb, unless otherwise approved by the Public Works Director.

2. Except for those news racks placed as provided for in subsection 5-3-1004D of this article, all news racks shall be bolted to the sidewalk.

B. Location: In addition to the provision of Section 5-3-1003 of this article, no news rack shall be placed, installed, used, or maintained:

1. Within five feet (5') of any marked crosswalk.

2. Within fifteen feet (15') of the curb return of any unmarked crosswalk.

3. Within five feet (5') of any fire hydrant, fire call box, police call box or other emergency facility.

4. Within five feet (5') of any driveway.

5. Within five feet (5') ahead of, and twenty five feet (25') to the rear of any sign marking a designated bus stop.

6. Within five feet (5') of any bus bench or any other bench on the sidewalk for public convenience.

7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet (6').

8. On or within three feet (3') of any area improved with lawn, ground cover, flowers, shrubs or trees, or any tree well, or within three feet (3') of any display window of any building abutting the sidewalk or in such a manner as to impede or interfere with the reasonable use of such window for display purposes.

9. Adjacent to any painted curb.

10. Upon any decorative sidewalks including, but not limited to decorative tile, and colored or stamped concrete.

11. Within five feet (5') from any power pole, streetlight, traffic signal, or utility pole.

12. Within three feet (3') from any utility meter, traffic sign, maintenance hole, catch basin, utility vault, mail box, under sidewalk storm drains, pull box for street lights and traffic signals, utility and fire hydrant shutoff valves, bench marks, or centerline ties.

C. Total Number of News Racks: No more than eight (8) news racks shall be located on any public right of way within a space of two hundred feet (200') in any direction within the same block of the same street; provided, however, that no more than sixteen (16) news racks shall be allowed on any one block. Two (2) news racks stacked vertically shall be counted as two (2) news racks. As used herein “block” shall mean one side of a street between two (2) consecutive intersecting streets.

D. Priority Criteria: In determining which news racks shall be permitted to be located whenever more than eight (8) news racks are proposed for any one location (200 foot space) or more than sixteen (16) news racks are proposed for any one block the Public Works Director shall be guided solely by the following criteria:

1. First priority shall be given to news racks used for the sale of publications which have been adjudicated to be newspapers of general circulation for Los Angeles County, pursuant to the procedure set forth in Division 7, Article 2 of the California Government Code.

2. Second priority shall be given to news racks used for the sale of daily publications [those published on five (5) or more days in a calendar week] which have not been adjudicated to be newspapers of general circulation for Los Angeles County.

3. Third priority shall be given to news racks used for the sale of weekly publications [those published on at least one (1) but less than five (5) days in a calendar week] which have not been adjudicated to be newspapers of general circulation for Los Angeles County.

4. As between newspapers included within any single category of priority above, the Public Works Director shall also be guided by the following criteria of priorities:

a. First priority shall be daily publications [published five (5) or more days per week].

b. Second priority shall be publications published two (2) to four (4) days per week.

c. Third priority shall be publications published one (1) day per week.

5. Once eight (8) racks have been established in any one (1) location, no news rack containing a higher priority publication may be installed. In no event shall more than two (2) news racks be allowed in any one location for any one publication.

E. Dimensions:

1. No news rack shall exceed five and one-half feet (51/2') in height, thirty inches (30") in width, or two and one-half feet (21/2') in thickness.

F. Maintenance: Each news rack shall be maintained in a clean, neat and attractive condition, including, but not limited to, being free of graffiti, and in good repair at all times.

G. Advertising: No news rack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical contained therein.

H. Supervising: All news racks that display, sell, or offer to sell “harmful matter” as defined by Penal Code Section 313 shall be supervised by an adult as required by Penal Code Section 313.1(c)(2). [Added by Ord. No. 2553; formerly numbered Section 20-75; Amended by Ord. No. 3615, eff. 2/15/03; 3413, 3108, 3058, 2704, 2622, 2566, 2561, 2557.]

5-3-1008: DISPLAY OF CERTAIN MATTER PROHIBITED:

Publications offered for sale from news racks placed or maintained on or projecting over the street or sidewalk shall not be displayed or exhibited in a manner which exposes to public view from the street or sidewalk any of the following:

A. Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect sexual arousal, gratification, or affront.

B. Any picture or illustration of a person’s genitals, pubic hair, perineum, anus, or anal region where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront.

C. Any picture or illustration depicting “explicit sexual acts” as defined in this chapter where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront. [Added by Ord. No. 2553; formerly numbered Section 20-77; Amended by Ord. No. 3108, eff. 5/21/88; 3058, 2973.]

5-3-1009: NEWS RACK VIOLATIONS:

A. Notice of Violation; Tag: Any news rack installed or maintained in violation of the provisions of this article shall be tagged with a “Notice of Violation” stating the violation, date of tagging, notice of intention to remove the news rack if the violation is not corrected or a hearing requested within fifteen (15) days (“correction period”), and procedure for requesting a hearing before the Public Works Director, if desired. A timely request for a hearing shall stay any removal of the news rack. If, however, the violation is not corrected within five (5) days after the decision at such hearing becomes final, the news rack may be summarily removed.

B. Alternatives to Tagging: Notwithstanding subsection A of this section, in the case of violations of this article relative to location of news racks, restrictions upon attachments of news racks to property other than that owned by the owner of the news rack, to fixed objects, or to each other, the Public Works Director may, as an alternative to tagging said news rack, move, align, remove such attachment, or otherwise move such rack or racks in order to restore them to a legal condition.

C. Removal: Any news rack which has been tagged and remains in violation of the provisions stated on the tag past the fifteen (15) day correction period, and where no hearing has been requested, shall be removed by the Public Works Director and stored in any convenient place.

D. Notification of Removal: The Public Works Director shall notify the owner or their designate of the removal by mailing a “Notice of Removal” to the last known address of the owner/designate. Such notice shall be mailed within five (5) days after the end of the fifteen (15) day correction period and shall state: 1) the date the news rack was removed; 2) the reasons for the removal; 3) the locations of and procedure for claiming the news rack; and, 4) the procedure for obtaining a post removal hearing before the Public Works Director if desired.

E. Release: Any news rack removed and stored pursuant to these provisions shall be released to the owner thereof within forty five (45) days after the mailing of written notice of removal upon providing satisfactory proof of ownership and payment of an impound fee in an amount equal to the reasonable cost to the City of removing and storing the news rack. If, after a hearing, the impounded news rack is determined not to have been in violation of this chapter, the news rack shall be returned to the owner without payment of any removal and/or storage fee. If such news rack remains unclaimed after this forty five (45) day period, it shall be deemed to be unclaimed property in possession of the Police Division and may be disposed of pursuant to the provisions of Title 2, Chapter 2, Article 4 of this code.

F. Removal in Exigent Circumstances: In the case of any news rack which in violation of the provisions of this article creates an immediate danger to the health, safety or welfare of the public, which cannot be corrected by moving or otherwise repositioning the news rack, said news rack may be summarily removed and stored in a convenient location so as to eliminate the danger to the health, safety and welfare of the public. The Public Works Director shall notify the owner of the removal by mailing a “Notice of Removal” to the last known address of the owner. Such notice shall be mailed within five (5) days after the removal of the news rack and shall contain the same information as set forth in subsection D of this section. Release of any such news rack shall be accomplished in the same manner as set forth in subsection E of this section. [Added by Ord. No. 2553; formerly numbered Section 20-78; Amended by Ord. No. 3108, eff. 5/21/88; 3058, 3048, 2618, 2561.]

5-3-1010: HEARING PROCEDURE:

Within fifteen (15) days of the notice of violation or notice of impound of a news rack summarily impounded, the owner may request a hearing before the Public Works Director. The request shall be in writing, shall state the basis thereof, and shall be filed with the Public Works Director.

The hearing shall be held within five (5) working days of the filing of the request before the Public Works Director. At the hearing any person may present evidence or argument as to whether the news rack has been installed or maintained in violation of this article. Within two (2) working days after the close of the hearing, the Public Works Director shall render a decision in writing and shall give such written decision to the person who requested the hearing. The decision of the Public Works Director shall be final. [Added by Ord. No. 3108, eff. 5/21/88.]

5-3-1011: NOTICES:

Notices required pursuant to the provisions of this article shall be given in writing by United States mail, certified mail, return receipt requested, addressed to the person to be notified at their last known address. The giving of notice under this article shall be deemed to have occurred as of the date of deposit in the United States mail. [Added by Ord. No. 3108, eff. 5/21/88.]

5-3-1012: APPLICABILITY:

The provisions of this article shall apply to all news racks, whether installed and maintained prior to or after the effective date of any of the provisions herein. Those news racks installed prior to the effective date of any of these provisions shall be brought into compliance with these provisions within thirty (30) days of their effective date.

Any news rack not brought into compliance within this thirty (30) day time period shall be deemed to be in violation of this article. [Added by Ord. No. 3108, eff. 5/21/88.]

5-3-1013: ABANDONED NEWS RACKS:

A news rack shall be deemed abandoned when no printed material is contained therein for a period of more than fifteen (15) consecutive days. If the Public Works Director determines that a news rack has been abandoned, they shall summarily impound such news rack and, notwithstanding Section 5-3-1009 of this article, the news rack shall immediately be deemed to be unclaimed property in the possession of the City and shall be disposed of according to applicable law. [Added by Ord. No. 3108, eff. 5/21/88.]

5-3-1014: UNMARKED NEWS RACKS:

Whenever the Public Works Director finds that a news rack does not have the name, address, and telephone number of the owner thereof placed upon such news rack, in compliance with this article, they shall make every reasonable effort to ascertain the owner thereof. If the Public Works Director is unable to determine ownership, they shall summarily impound such news rack and, notwithstanding Section 5-3-1009 of this article, the news rack shall immediately be deemed to be unclaimed property in possession of the City and shall be disposed of according to applicable law. [Added by Ord. No. 3108, eff. 5/21/88.]

5-3-1015: BLINDER RACKS REQUIRED FOR DISPLAY OF ALL HARMFUL MATTER:

No person shall display in a public place, other than a public place from which minors are excluded, any material which is harmful to minors unless a device such as that commonly known as a “blinder rack” is placed in front of the materials or the material is otherwise displayed so that the lower two-thirds (2/3) of the material is not exposed to view. For purposes of this section, “harmful matter” is as defined in Title 9, Chapter 7.6 (section 313) of the California Penal Code and as such provisions may be amended from time to time. [Added by Ord. No. 3108, eff. 5/21/88.]

5-3-1016: SEVERABILITY:

Each phrase, clause, sentence, section, and provision of this article is hereby declared to be severable. Therefore, if any phrase, clause, sentence, section, or provision of this article or application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other phrase, clause, sentence, section, provision, or application of this article. [Added by Ord. No. 3108, eff. 5/21/88.]

5-3-1017: ENFORCEMENT AUTHORITY:

Except as specifically provided herein, the provisions of this article shall be enforced by the City Manager or their designee pursuant to Section 2-1-1402 of this code. [Added by Ord. No. 3108, eff. 5/21/88.]

ARTICLE 11. STARLIGHT BOWL CONTROL DISTRICT

5-3-1101: PURPOSE:

When performances or other events are conducted at the Starlight Bowl unauthorized persons have entered the area in its vicinity and created nuisances and engaged in unlawful activities to the detriment of those residing in the area. To alleviate this situation it is necessary to create a district from which all unauthorized persons will be excluded, as in this article provided. [Added by Ord. No. 2615; formerly numbered Section 20-80; renumbered by Ord. No. 3058, eff.2/21/87.]

5-3-1102: ESTABLISHMENT OF DISTRICT:

A control district, designated as the Starlight Bowl Control District, is hereby established comprising the area in and around the Starlight Bowl described as follows:

That portion of land within the City of Burbank, County of Los Angeles, State of California, described as follows: Beginning at the intersection of the northeasterly line of Bel Aire Drive and the southwesterly prolongation of the northwesterly line of Lot 1, Tract No. 16976 as shown on map recorded in Book 431, Page 47, of Maps in the office of the County Recorder of said County; thence in a general northeasterly direction along the boundary line of said tract to its intersection with the westerly line of Lot 8 of Tract No. 18903 as shown on map recorded in Book 471, Page 45, of Maps in the office of the County Recorder of said County; thence northerly along said westerly line to its intersection with Sunset Canyon Drive; thence along the southwesterly, westerly, northerly, northeasterly, and southeasterly lines of Sunset Canyon Drive to its intersection with the southeasterly line of Block 130 of the subdivision of the Rancho Providencia and Scott Tract as recorded in Book 43, Pages 47 to 59, inclusive, of Miscellaneous Records of said County; thence northeasterly along said southeasterly line to the northeasterly line of Block 129 of said tract; thence southeasterly along said northeasterly line to its intersection with the deed and agreement line as recorded in Book 10835, Page 197 of Official Records of said County; thence northeasterly along said agreement line to its intersection with the easterly line of Section 1, T1N R14W S.B.M.; thence northerly along said easterly line and its northerly prolongation to the southerly line of the land described in the deed to the City of Burbank recorded April 17, 1975, as Instrument No. 919 in Book D6621, Page 497, Official Records of said County; thence in a general westerly direction along said southerly line to the southeasterly line of the land described in the deed to the City of Burbank, recorded October 2, 1958, as Instrument No. 2403, in Book D233, Page 886, Official Records of said County; thence southwesterly along said southeasterly line to the southerly corner thereof; thence southeasterly along the southeasterly prolongation of the southwesterly line of said land to the northwesterly line of the land described in the Final Order of Condemnation, recorded December 9, 1957, as Instrument No. 3143 in Book 56212, Page 204, Official Records of said County; thence southwesterly along the northwesterly line of said land to the northeasterly boundary line of Tract No.15220 as shown on map recorded in Book 476, Pages 11 to 13, inclusive, of Maps in the office of the County Recorder of said County; thence in a general southerly direction along said boundary line to the most easterly corner of Lot 75 of said tract; thence in a direct line to the most northerly corner of Lot 261, Tract No. 17034 as shown on map recorded in Book 401, Pages 26 to 30 inclusive, of Maps in the office of the County Recorder of said County; thence southeasterly along the northeasterly line of said tract to its intersection with the northwesterly line of Tract No. 23654 as shown on map recorded in Book 772, Page 76, of Maps in the office of the County Recorder of said County; thence northeasterly along said northwesterly line and its northeasterly prolongation to the northeasterly line of Bel Aire Drive; thence southeasterly along said northeasterly line to the point of beginning. [Added by Ord. No. 2615; formerly numbered Section 20-81; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1103: MANNER OF IMPLEMENTATION:

When a performance or other event is scheduled for the Starlight Bowl and the Chief of Police determines that the nature of the performance or event is such that control must be exercised to prevent unauthorized persons from entering the Starlight Bowl Control District, they shall cause appropriate signs to be placed at all entrances to the area, and at such other places as they deem appropriate, to give notice that only persons having lawful business or reason for entering the area may do so, and shall assign such police personnel as they deem necessary to prevent unauthorized persons from entering the area. [Added by Ord. No. 2615; formerly numbered Section 20-82; renumbered by Ord. No. 3058, eff.2/21/87.]

5-3-1104: UNLAWFUL FOR UNAUTHORIZED PERSONS TO ENTER OR REMAIN IN DISTRICT; WHEN:

When signs are posted as provided in Section 5-3-1103 of this article, it shall be unlawful for any person to enter or remain within the Starlight Bowl Control District if they have no lawful business or reason for doing so. [Added by Ord. No. 2615; formerly numbered Section 20-83; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1105: WHAT CONSTITUTES LAWFUL BUSINESS OR REASON:

A. The following persons shall be deemed to have lawful business or reason for entering and remaining in the Starlight Bowl Control District:

1. Residents, their guests and invitees;

2. Persons holding admission tickets to the performance or event at the Starlight Bowl;

3. Persons seeking to purchase admission tickets to the performance or event at the Starlight Bowl, provided that if they are unable to obtain admission their right to remain shall thereupon terminate;

4. Persons participating in or employed or utilized in connection with the performance or event at the Starlight Bowl;

5. Officers or employees of the City, State, Federal government or any other public agency or any public utility engaged in the performance of their duties;

6. Persons utilizing or employed at or making deliveries to the golf courses or other facilities at the DeBell Municipal Golf Course, including the Castaway Restaurant, the Starlight Room and the adjacent banquet facility;

7. Persons utilizing the Wildwood Canyon area;

8. Such other persons as the Chief of Police or their representatives shall determine to have lawful business or reason for entering or remaining in said District. [Added by Ord. No. 2615; formerly numbered Section 20-84; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1106: LIMITATIONS ON ENTRY AND RIGHT TO REMAIN:

Persons permitted to enter the Starlight Bowl Control District for any of the purposes or reasons specified in Section 5-3-1105 of this article shall confine their activities to the purpose or reason for entry and shall promptly leave the area when the purpose or reason for entry has been fulfilled. Entry for any purpose shall not confer the right to enter or remain on private property without the consent of the owner or person in possession nor the right to enter or remain on City property surrounding the Starlight Bowl and its facilities without the approval of the Chief of Police or their representatives. [Added by Ord. No. 2615; formerly numbered Section 20-85; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 12. BINGO GAMES¹

5-3-1201: AUTHORITY FOR ENACTMENT:

This article is enacted pursuant to the authority contained in Article IV, Section 19 of the Constitution of the State of California and Section 326.5 of the Penal Code of the State of California. [Added by Ord. No. 2661; formerly numbered Section 20-86; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1202: DEFINITIONS:

BINGO: A game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random and announced by a caller.

CALENDAR WEEK: Monday through Sunday.

CALENDAR YEAR QUARTER: Every three (3) months of the calendar year.

DIRECTOR: The Community Development Director or their designee.

OPERATED AND STAFFED: Persons directly involved in the conduct of the game and shall include, but not be limited to, the calling of numbers, the distribution of cards, and the awarding of prizes.

PREMISES: The official street address as designated by the City of Burbank Public Works Department for real property owned, leased or donated to an organization authorized to conduct bingo games pursuant to this article.

PULL TAB: A card having numbers or symbols which are concealed and preprinted in a manner providing for the distribution of prizes.

PULL TAB DISPENSER: A device approved by the Director which dispenses pull tabs.

SECURITY PERSONNEL: Persons employed for the exclusive purpose of protecting persons and property at the bingo games. [Added by Ord. No. 2661; formerly numbered Section 20-87; Amended by Ord. No. 3313, eff. 10/10/92; 3154, 3058.]

5-3-1203: BINGO GAMES AUTHORIZED:

Nothing in this chapter shall prohibit the holding of any bingo games provided that said games are operated in compliance with the requirements of this article, conducted only by organizations exempted from payment of the Bank and Corporation Tax by Section 23701a, b, d, e, f, g or l of the Revenue and Taxation Code and provided that the proceeds of such games are used only for charitable purposes. “Pull tabs” as defined in Section 5-3-1202 of this article may be used at bingo games. The Bingo Manager shall place all pull tabs in a locked, secure area during the times that bingo games are not being played. [Added by Ord. No. 2661; formerly numbered Section 20-88; Amended by Ord. No. 3313, eff. 10/10/92, 3058.]

5-3-1204: PERMIT REQUIRED:

No organization authorized to conduct bingo games pursuant to Section 5-3-1203 of this article shall conduct said games unless such organization on whose behalf such games are conducted shall obtain a permit from the Director to do so. [Added by Ord. No. 2661; formerly numbered Section 20-89; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1205: APPLICATION FOR PERMIT:

Applications for such permit must be in writing on a form provided by the Director. Such application shall contain the following information:

A. The name and address of the organization;

B. The names, addresses and signatures of the persons to be directly engaged in the conduct of the bingo games;

C. The date and place where such bingo games will be conducted;

D. A statement setting forth the character and extent of the charitable work being done by such organization and where such work has been or will be done;

E. Evidence that such organization or any other organization benefiting from such bingo games is exempted from payment of the Bank and Corporation Tax by Sections 23701a, b, d, e, f, g or l of the Revenue and Taxation Code;

F. A statement setting forth the use to which the funds derived from such bingo games will be used;

G. A specific statement supported by reasons and, if available, figures, showing the need for the funds to be derived from such bingo games;

H. A statement that the signers have read and are familiar with the provisions of this article and will require all persons involved with such bingo games to read and be familiar with all provisions of this article prior to the holding of such bingo games;

I. Such other information as may be required by the Director. [Added by Ord. No. 2661; formerly numbered Section 20-90; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1206: PERMIT FEE:

Applicants for a permit hereunder shall pay the maximum fee as permitted by Penal Code Section 326.5(1)(2) as amended. In the event that Penal Code Section 326.5(1)(2) is repealed the fee shall be determined by the Council of the City of Burbank and shall be set forth in the Burbank Fee Resolution. [Added by Ord. No. 2661; formerly numbered Section 20-91; Amended by Ord. No. 3154, eff. 7/1/89; 3058.]

5-3-1207: DURATION OF PERMIT:

The permit issued pursuant to Section 5-3-1205 of this article shall expire one year after date of issuance or at such time as the permittee no longer meets the requirements of this article, whichever occurs first. [Added by Ord. No. 2661; formerly numbered Section 20-92; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1208: RESERVED:

[Repealed by Ord. No. 3154, eff. 7/1/89.]

5-3-1209: INVESTIGATION BY POLICE:

Upon the filing of the application for a permit to conduct a bingo game, the Director shall cause the application to be forwarded to the Chief of Police for study and investigation. The Chief of Police shall conduct an investigation of all persons listed on said application including, but not limited to, any arrests or convictions the persons may have. No person may be involved in conducting a bingo game who has been convicted of embezzlement, theft of money or property, fraud or gambling. If the Chief of Police finds that all the conditions required by this article exist, they shall forward the approved application to the Director who shall issue the permit. [Added by Ord. No. 2661; formerly numbered Section 20-94; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1210: CHANGE IN FACTS MUST BE REPORTED:

Any changes in facts about which information is provided on the application for a permit pursuant to Section 5-3-1205 of this article shall be immediately communicated to the City’s Police Department. [Added by Ord. No. 2661; formerly numbered Section 20-95; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1211: POSTING OF PERMIT AND RULES:

The bingo permit, rules and regulations provided by the Director, and the permittee’s rules of bingo operation shall at all times be posted conspicuously at the public entrance to the room in which bingo is played. The posted rules shall be readable, legible and accessible to all participants. [Added by Ord. No. 2661; formerly numbered Section 20-96; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1212: OPERATION AND STAFFING OF GAMES:

A. Bingo games shall be operated and staffed only by members of the organizations authorized to hold such games and whose names are listed on the application for permit. Persons who are not members of the organization authorized to hold such games may volunteer to assist the organization but shall not be involved in the direct conduct of such game. All persons who operate, staff, or volunteer to assist in the games may not participate in the playing of bingo games or pull tabs.

B. Pull tabs shall be placed in a central pull tab dispenser. The Bingo Manager shall be responsible for putting the pull tabs in the dispenser in a random fashion. Once the pull tabs are in the dispenser players may purchase them directly from the dispenser or from floor vendors who have obtained them from the dispenser. Only those persons who are playing bingo games may use pull tabs. The use of pull tabs during the playing of bingo games in any manner other than as described in this subsection is prohibited and shall result in the revocation of the bingo permit.

C. Only the organization authorized to conduct bingo games shall operate such games, or participate in the promotion, supervision, or other phase of such games.

D. This section does not preclude the employment of security personnel who are not members of the authorized organization at such bingo games by the organization conducting the game. Security personnel shall not be involved in the direct conduct of the game. [Added by Ord. No. 2661; formerly numbered Section 20-97; Amended by Ord. No. 3313, eff. 10/10/92; 3154, 3058.]

5-3-1213: BINGO MANAGER:

A member of the authorized organization whose name appears on the application for a permit shall be designated as the bingo manager. The bingo manager shall be responsible for the conduct and operation of the bingo games and for the compliance with all applicable laws, rules and regulations promulgated thereunder. [Added by Ord. No. 2661; formerly numbered Section 20-98; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1214: IDENTIFICATION BADGES:

All staff members of a bingo game shall wear on their outside clothing an identification insignia or badge, no less than two and one-half by three and one-half inches (2 1/2 x 3 1/2") in dimension, indicating the name of the organization and the name and title of the staff member. [Added by Ord. No. 2661; formerly numbered Section 20-99; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1215: BINGO GAMES, WHERE CONDUCTED:

Any bingo games authorized to be conducted under this article must be conducted only on property owned or leased by the organization authorized to hold such games, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized for a minimum of twenty (20) hours per week. Nothing in this section shall be construed to require that the property owned or leased by or whose use is donated to the organization be used or leased exclusively by or donated exclusively to such organization. [Added by Ord. No. 2661; formerly numbered Section 20-100; Amended by Ord. No. 3154, eff. 7/1/89; 3058.]

5-3-1216: GAMES MUST BE OPEN TO PUBLIC:

Bingo games shall be open to the public and not limited to the members of the organization authorized to hold such games. [Added by Ord. No. 2661; formerly numbered Section 20-101; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1217: HOURS AND DAYS OF OPERATION:

A. Except as provided in subsection B of this section, bingo games shall be conducted between noon and midnight for a maximum of six (6) hours per each twenty four (24) hour day and no more than one day per calendar week by any organization, nor more than two (2) days per calendar week on any premises.

B. The Director may, on approval by the Chief of Police, issue a permit to allow bingo games to be played over any consecutive three (3) day period, and said period may include days encompassing successive calendar weeks. Grant of such permit shall be limited to once per each calendar year quarter for any organization authorized to conduct bingo games pursuant to Section 5-3-1203 of this article. All requests for additional bingo days shall be made on a form provided by the Director, or their designee.

C. In no event may there be more than forty (40) games played per day nor more than three hundred fifty (350) persons in attendance during the operation of bingo games. The use of pull tabs at bingo games shall not count toward the number of bingo games played. [Added by Ord. No. 2661; formerly numbered Section 20-102; Amended by Ord. No. 3313, eff. 10/10/92; 3154; 3152; 3147, 3058.]

5-3-1218: MEMBERS OPERATING GAMES SHALL NOT RECEIVE A PROFIT, ETC.:

No person shall receive or pay a profit, wage or salary from any bingo game authorized by this article. This section does not preclude the employment of security personnel who are not members of the authorized organization at such bingo games by the organization conducting the game. [Added by Ord. No. 2661; formerly numbered Section 20-103; Amended by Ord. No. 3154, eff. 7/1/89; 3058.]

5-3-1219: PARTICIPANTS MUST BE PHYSICALLY PRESENT:

No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place where the bingo game is being conducted. [Added by Ord. No. 2661; formerly numbered Section 20-104; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1220: PLAYING ON CREDIT PROHIBITED:

No person shall be permitted to play any game of bingo on credit. [Added by Ord. No. 2661; formerly numbered Section 20-105; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1221: PARTICIPATION BY MINORS:

No minors shall be allowed to participate in any bingo games. [Added by Ord. No. 2661; formerly numbered Section 20-106; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1222: ALCOHOLIC BEVERAGES PROHIBITED:

No alcoholic beverage of any kind shall be served or consumed in the room where a bingo game is being conducted during or between the playing of the games or when pull tabs are being used. Pull tabs shall not be allowed in any room where alcoholic beverages are served or consumed. [Added by Ord. No. 2661; formerly numbered Section 20-107; Amended by Ord. No. 3313, eff. 10/10/92; 3058.]

5-3-1223: OUTSIDE FINANCIAL INTEREST PROHIBITED:

No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo games. [Added by Ord. No. 2661; formerly numbered Section 20-108; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1224: PRIZE LIMIT:

The total value of prizes awarded during the conduct of any bingo games shall not exceed the amount allowed by CA Penal Code Section 326.5 (n), or as later amended, in cash or kind, or both, for each separate game which is held. As of July 2017 the amount is $500. [Added by Ord. No. 2661; formerly numbered Section 20-109; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 17-3,895, eff. 9/22/17.]

5-3-1225: PROCEEDS FROM GAMES MUST BE KEPT IN SEPARATE FUND:

A. With respect to organizations exempt from payment of the Bank and Corporation Tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes.

B. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. The proceeds are the receipts of bingo games conducted by organizations not within subsection A of this section. Such proceeds shall be used only for charitable purposes, except as follows:

1. Such proceeds may be used for prizes.

2. A portion of such proceeds, not to exceed twenty percent (20%) of the proceeds before the deduction for prizes, or the amount set by CA Penal Code Section 326.5 (k) (2) (A), or as later amended, per month (as of July 2017 the amount is $2000), whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

3. Such proceeds may be used to pay license fees. [Added by Ord. No. 2661; formerly numbered Section 20-110; Amended by Ord. No. 17-3,895, eff. 9/22/17; 3154; 3058.]

5-3-1226: INSPECTION OF PREMISES:

No person shall interfere with, prevent, or refuse to permit a duly authorized representative of the Director, Fire Department or any peace officer to make an examination or inspection of the premises of an applicant or permittee used for bingo games, whether or not the premises or any part thereof are being used at said time for the conduct or operation of such games.

Failure to allow the examination or inspection or interfere with same shall be grounds for revocation of the permit or denial of issuance of the permit. [Added by Ord. No. 2661; formerly numbered Section 20-111; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1227: CEASE AND DESIST ORDERS:

An authorized representative of the Director that observes the operation of a game, and determines that bingo played under a permit issued by the Division is not being played according to the laws of the State of California, City of Burbank Bingo Ordinance or any rule or regulation promulgated thereunder, may issue an order to immediately cease and desist such violation. If the representative of the Director observes that during the operation of bingo, pull tabs are not being used in the manner required by the City of Burbank Bingo Ordinance the representative may issue an order to immediately cease and desist such violation. Said order shall be served in writing upon the bingo manager in charge of the game at the time the violation is observed, and shall set forth the nature of the violation. Failure of the bingo manager to cease such violation upon receipt of the cease and desist order is a misdemeanor. [Added by Ord. No. 2661; formerly numbered Section 20-112; Amended by Ord. No. 3313, eff. 10/10/92; 3058.]

5-3-1228: AUDIT AND ACCOUNTING REQUIREMENTS:

A. Prior to the granting of a new permit, after the organization has previously obtained a permit to conduct bingo games pursuant to this article, the organization shall, at its own expense, cause an independent audit to be conducted and submit the findings of such audit to the Director showing complete compliance with this article. The audit shall follow the bingo audit guidelines established by the Financial Services Director or designee.

B. If the organization grosses less than ten thousand dollars ($10,000.00) per year net of prizes paid before expenses through its bingo operations, the formal audit may be waived at the option of the Director. If the audit is waived, the organization shall provide a financial report which has been reviewed by an independent public accountant, and which contains all of the disclosures required by the bingo audit guidelines. The Director may determine, at their option, if any report so submitted is acceptable as to expenses and income.

C. Any organization permitted to conduct bingo games pursuant to this article shall, as a condition of such permit, maintain complete and accurate records of income received and expenses disbursed in connection with the operation of the bingo games.

D. The Director may at any time demand, and retains the right to inspect and examine, a complete and detailed accounting of any organization’s income and expense records pursuant to subsection C of this section, in addition to any further data or information pertaining to the operation of bingo games. Such right to information and inspection may include, but is not limited to, an accounting of the organization’s gross and net receipts from the operation of said games over a designated period, an accounting of the number of players and number of games played over a designated period, an inspection of bingo cards, funds, equipment or any other records or documentation in connection with the operation of games over a designated period.

E. In the event an organization fails to render an accounting or provide information pursuant to the provisions of this section within sixty (60) days after requests for such information by the Director, such organization’s right to conduct bingo games pursuant to this article may be suspended by the Director until such accounting is rendered or information provided. [Added by Ord. No. 2661; formerly numbered Section 20-113; Amended by Ord. No. 17-3,895, eff. 9/22/17; 3154; 3058.]

5-3-1229: CIVIL REMEDIES AND CRIMINAL PENALTIES:

A. The City Attorney’s office may bring an action to enjoin a violation of this article.

B. A violation of Section 5-3-1218 of this article shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the City. A violation of any other section of this article, other than Section 5-3-1218, is a misdemeanor. [Added by Ord. No. 2661; formerly numbered Section 20-114; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1230: SHORT TITLE:

This article may be cited as the CITY OF BURBANK BINGO ORDINANCE. [Added by Ord. No. 2661; formerly numbered Section 20-115; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 13. POLICE SERVICES AT PARTIES, GATHERINGS OR EVENTS ON PRIVATE PROPERTY

5-3-1301: PURPOSE AND FINDINGS:

A. Purpose: The purpose of this article is to require the person or entity who owns the property where the party, gathering, or event takes place to be responsible for the costs of police services necessary at such party, gathering or event under certain circumstances.

B. Findings:

1. The control of parties, gatherings or events on private property is necessary when such continued activities are determined to be a threat to the peace, health, safety or general welfare of the public.

2. Police officers have been required to make as many as three (3) return calls to a location of a party, gathering or event in order to disperse uncooperative participants, and the return of police officers to a location constitutes a drain of human effort and resources often leaving other areas of the City without minimal levels of police protection, all of which creates a significant hazard to the safety of the police officers and to the public in general and constitutes a public nuisance.

3. The person responsible for the event or upon whose property the party gathering or event takes place should be responsible for the costs of police services required at that party, gathering or event. [Added by Ord. No. 3144, eff. 3/11/89.]

5-3-1302: DEFINITIONS:

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

EXPENSE OF AN EMERGENCY RESPONSE: Those costs incurred by the City in making any appropriate emergency response to the incident, and shall be comprised of all costs directly arising because of the response to a particular incident, including, but not limited to, the cost of providing police, fire, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident.

PARTY, GATHERING OR EVENT: A group of persons who have assembled or are assembling for a social occasion or for a social activity.

PERSON RESPONSIBLE FOR THE EVENT: The person or entity who owns the property where the party, gathering or event takes place; the person in charge of the premises; and/or the person who organized the event.

POLICE SERVICES: The salaries of the police officers for the amount of time actually spent in responding to or in remaining at the party, gathering or event at a rate established by City Council in the Burbank Fee Resolution; the actual cost of any medical treatment to any officers; and the cost of repairing any damage to City equipment or property.

SPECIAL SECURITY ASSESSMENT: The assignment of police officers and services during a second and all subsequent calls to a location after the distribution of a written warning that the party, gathering or event violates the law. [Added by Ord. No. 3144, eff. 3/11/89.]

5-3-1303: POLICE SERVICES AT PARTIES, GATHERINGS OR EVENTS REQUIRING A SECOND RESPONSE:

When a party, gathering or event occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person or persons responsible for the event will be held liable for the cost of providing police services for the special security assessment. The second and all subsequent responses may result in the arrest and/or citation of violators of the State Penal Code or other regulations. [Added by Ord. No. 3144, eff. 3/11/89.]

5-3-1304: EMERGENCY RESPONSE:

If a property owner or entity has been placed upon written notice by the Police Department that a specific property is a routine gathering place for groups of persons who have been involved in previous disturbances of the peace, then the property owner or entity will be held liable for the costs of any emergency response necessary at any gathering occurring at such property after the provision of the notice. [Added by Ord. No. 3144, eff. 3/11/89.]

5-3-1305: BILLINGS:

A. The Chief of Police shall notify the Management Services Director in writing following such performance of police services or emergency response services of the name and address of the responsible person or entity, the date and time of the incident and the services performed and the cost thereof and such other information as may be required. The Management Services Director shall thereafter cause appropriate billings to be made.

B. If the person responsible for the event is a minor, then the parents or guardians of that minor will be jointly and severally liable for the cost incurred for police services. [Added by Ord. No. 3144, eff. 3/11/89.]

5-3-1306: APPEALS:

Any individual aggrieved by the decision of the Chief of Police to assess costs under the provisions of this article may file an appeal pursuant to Title 2, Chapter 1, Article 15 of this code. [Added by Ord. No. 3144, eff. 3/11/89.]

ARTICLE 14. ADDITIONAL CITY REQUIRED DISCLOSURES RELATING TO THE TRANSFER OF RESIDENTIAL PROPERTY

5-3-1401: REAL ESTATE DISCLOSURE NOTICES; PURPOSES:

A. The California Civil Code requires certain disclosures upon transfer of residential property, set forth in Civil Code Sections 1102 et seq., and as may be amended from time to time (the “state disclosure laws”).

B. Section 1102.61 authorizes a city to require special local disclosures on a form set forth in Civil Code Section 1102.6a of the state disclosure laws. The local disclosures set forth herein shall be disclosed by all sellers of real property subject to the state disclosure laws. [Added by Ord. No. 3636, eff. 5/22/04.]

5-3-1402: ADDITIONAL CITY REQUIRED DISCLOSURES RELATING TO THE TRANSFER OF RESIDENTIAL PROPERTY:

The following disclosures shall be disclosed by all Sellers of Real Property subject to the State Disclosure Laws as defined in Section 5-3-1401:

A. Disclosures about the amortization period of wood roofs and wood siding in accordance with and referencing Ordinance No. 3825 shall be disclosed by the Seller of any residential property as part of the State Disclosure Laws specially required in the City of Burbank. [Added by Ord. No. 3636, eff. 5/22/04; Amended by Ord. No. 3825, eff. 7/13/12.]

ARTICLE 15. RETROFIT ON RESALE ORDINANCE

5-3-1501: SHORT TITLE:

This Article shall be known and be cited as the “Retrofit on Resale Ordinance.”

5-3-1502: STATEMENT OF POLICY AND PURPOSE:

A. Policy. It is desirable and in the interests of the general welfare of the City that the water resources available to the City be put to maximum beneficial use to the extent possible and that waste, unreasonable use or unreasonable method of use be prevented, and that conservation of such water resources be exercised in a reasonable and beneficial manner for the residents and businesses of Burbank. It is recognized that residential and commercial buildings may have older inefficient water fixtures that can be replaced with newer more efficient fixtures that save this precious resource as well as reduce the overall costs to the customers and the City.

B. Purpose. This article provides for the replacement of plumbing fixtures or installation of water saving devices when a residential, commercial or industrial property is sold or is subject to a transfer of ownership, with certain exceptions. The measures defined in this article will help provide for dependable and long term water demand reduction benefiting the community.

5-3-1503: APPLICATION:

A. The provisions of this article shall apply to all residential, commercial, and industrial buildings served by the City whenever the title to real property is conveyed from the seller to the buyer; provided, however, that nothing in this article shall require an expenditure greater than one tenth of one percent (0.1%) of the selling price in any single sales transaction on retrofit measures required to achieve compliance.

B. The provisions of this article shall apply to all properties connected to potable water service in the City and all those for which an application is submitted for new water service for a property as defined in subsection (c) of this section.

C. The following transfers and properties are exempted from the provisions of this article:

1. The purchase or transfer of real property between spouses, including, but not limited to, transfers to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased transferor, or by a trustee of such a trust to the spouse of the trustor; transfers to a spouse which take effect upon the death of a spouse; transfers to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of a marriage or legal separation; the creation, transfer or termination, solely between spouses, of any co-owner’s interest; and the distribution of a legal entity’s property to a spouse or former spouse in exchange for the interest of the spouse in the legal entity in connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation;

2. The purchase or transfer of real property between parents and their children, including both voluntary transfers and transfers resulting from a court order or judicial decree;

3. Buildings that are designated historical buildings or structures designated as a Historic-Cultural Monument, on or determined to be eligible for the California Register of Historic Resources, or on or determined eligible for the inclusion in the National Register of Historic Districts;

4. Residential properties with bathroom fixtures that are integrated into a unique, defined architectural style considered to have architectural or historic significance, including toilets color-coded to match ceramic tile. The existing toilet must be an original fixture of the same age as the structure;

5. Properties in which a documented plumbing design condition will not allow the installation of more efficient fixtures;

6. Properties for which a certificate of compliance has been previously issued pursuant to this article;

E. The seller of the property shall be responsible for complying with the requirements of this article and certifying such by signature on a certificate of compliance for the property before the close of escrow. The certificate of compliance shall be on a form approved by the General Manager of Burbank Water and Power and made available to the public on the Burbank Water and Power website.

F. The seller’s and buyer’s real estate agent, real estate broker, or real estate sales person involved in the transfer of property title subject to this ordinance, shall give written notice to the seller and the buyer of the requirements of this article prior to the close of escrow and transfer of property title.

G. The seller and buyer shall each certify compliance with the article by signing the certificate of compliance. A signed copy of the certificate of compliance shall be included in the transfer documentation.

H. If the property is sold by the owner without representing agents, seller will provide buyer with a signed certificate of compliance, where seller attests to compliance with this article to the buyer. Both seller and buyer will be required to sign the certificate of compliance. A signed copy of the certificate of compliance shall be included in the transfer documentation.

5-3-1504: RETROFIT MEASURES:

Prior to entering into an agreement of sale or contracting for an exchange of any real property improved with residential, commercial, or industrial buildings, or when an escrow agreement has been executed in connection therewith, prior to the close of escrow, each seller shall replace all noncomplying toilets, urinals, showerheads, bathroom faucet aerators, kitchen faucet aerators with water-conserving plumbing fixtures in alignment with the 2022 California Plumbing Code.

A. Replace all noncomplying toilets with toilets that do not exceed 1.28 gallons per flush. In lieu of replacement, a seller may modify a noncomplying toilet with the installation of a dual flush toilet conversion kit that reduces water usage to a maximum of 1.28 gallons per flush.

B. Replace all noncomplying floor-mounted urinals with floor-mounted urinals that flush with a maximum of 0.5 gallons per flush. In lieu of replacement, a seller may modify a noncomplying urinal with the installation of a urinal conversion kit that reduces water usage to a maximum of 0.5 gallons per flush.

C. Replace all noncomplying wall-mounted urinals with wall-mounted urinals that flush with a maximum of 0.125 gallons per flush. In lieu of replacement, a seller may modify a noncomplying urinal with the installation of a urinal conversion kit that reduces water usage to a maximum of 0.125 gallons per flush.

D. Equip all showers with showerheads having a flow rate not to exceed 1.8 gallons per minute at 80 psi. This requirement shall not apply to any emergency shower installed for health or safety purposes that cannot safely operate with a maximum flow rate specified in the current California Plumbing Code.

E. Replace all bathroom faucet aerators with aerators having a flow rate not exceeding 1.2 gallons per minute at 60 psi.

F. Replace all kitchen faucet aerators with aerators having a flow rate not exceeding 1.8 gallons per minute at 60 psi with a temporary increase of up to 2.2 gallons per minute at 60 psi and must default to a maximum flow rate not exceeding 1.8 gallons per minute at 60 psi.

G. Replace all public or common area bathroom faucet aerators with aerators having a flow rate not exceeding 0.5 gallons per minute at 60 psi. [Added by Ord. No. 3786, eff. 8/20/10; Amended by Ord. No. 22-3,986, eff. 1/13/23.]

ARTICLE 16. UNMANNED AIRCRAFT SYSTEMS (DRONES)

5-3-1601: DEFINITIONS:

As used in this Article:

UNMANNED AIRCRAFT (UA): an aircraft, including, but not limited to, an aircraft commonly known as a Drone, that is operated without the possibility of direct human intervention from within or on the aircraft.

UNMANNED AIRCRAFT SYSTEM (UAS): an Unmanned Aircraft and associated elements, including, but not limited to, any communication links and components that control the Unmanned Aircraft.

CIVIL UAS: an Unmanned Aircraft or Unmanned Aircraft System operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in furtherance of, or incidental to, any business or media service or agency.

MODEL AIRCRAFT: an Unmanned Aircraft or Unmanned Aircraft System operated by any person strictly for hobby or recreational purposes.

OPERATE: to pilot, steer, direct, fly, guide or manage an Unmanned Aircraft or Unmanned Aircraft System through the air remotely. The term “operate” includes, without limitation, managing or initiating a computer system that pilots, steers, directs, flies or manages an Unmanned Aircraft or Unmanned Aircraft System.

PUBLIC UAS: an Unmanned Aircraft or Unmanned Aircraft System operated by any public agency for government related purposes. [Added by Ord. No. 16-3,878, eff. 6/10/16]

5-3-1602: OPERATION OF UNMANNED AIRCRAFT AND UNMANNED AIRCRAFT SYSTEMS:

Unless otherwise authorized by federal law, the following shall apply to the operation of any Model Aircraft or Civil UAS within the City of Burbank:

A. It is unlawful to operate in a manner that prevents or delays the extinguishment of a fire including, but not limited to, efforts to control, contain, or extinguish the fire from the air.

B. It is unlawful to operate in a manner that interferes with police operations or activity.

C. It is unlawful to operate within the airspace above or within 50 feet of a film studio or closed production set or other private production area without permission from the studio, producer, or director.

D. It is unlawful to operate within 100 feet of or into a fireworks production.

E. It is unlawful to operate within 500 feet measured horizontally of or in the airspace above any water delivery system, reservoir, treatment or intake facility or any electric generating facility, substation or control center, or any electric transmission facility, or within 60 feet of any overhead wire, cable, conveyor or similar equipment for the distribution of electricity or power, upon or along any public way within the city, without the facility or equipment owner’s consent, and subject to any restrictions that the facility or equipment owner may place on such operation.

F. It is unlawful to operate higher than 400 feet above ground level.

G. Model Aircraft and Civil UAS, when operating outdoors, shall only fly during daylight hours, which are defined as between official sunrise and official sunset for local time.

H. It is unlawful to operate any Model Aircraft or Civil UAS carrying or equipped with anything other than a camera, video camera, or related equipment.

I. It is unlawful to operate over moving vehicles or unprotected persons, and it is unlawful to operate less than 25 feet away from any individual other than the operator or the operator’s helper(s).

J. It is unlawful to operate under the influence of alcohol or drugs.

K. It is unlawful to operate beyond the visual line of sight of the operator. The operator must use their own natural vision without enhancement other than by corrective lenses prescribed for the operator. Individuals other than the operator may not be used in lieu of the operator for maintaining visual line of sight. Visual line of sight means the operator has an unobstructed view of the Model Aircraft or Civil UAS. The use of vision-enhancing devices, such as binoculars, night vision goggles, infra-red or low-light cameras, powered vision magnifying devices, and goggles or other devices designed to provide a “first-person view” from the Model Aircraft or Civil UAS, do not constitute the visual line of sight of the operator.

L. It is unlawful to hover in place over private property without first obtaining permission from the property owner and/or the property tenant.

M. It is unlawful to take pictures or videos or record sounds of individuals, homes, businesses, or property that are in an enclosed area from public view such as fenced backyards or the interior of any structure unless written expressed permission is obtained from the individual property owner(s) or manager(s).

N. Operations authorized by the FAA – Exception. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit, limit or otherwise restrict any person who is authorized by the Federal Aviation Administration to operate in City air space, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 or a certificate of waiver, certificate of authorization or airworthiness certificate under Section 44704 of Title 49 of the United States Code or other Federal Aviation Administration grant of authority for a specific flight operation(s), from conducting such operation(s) in accordance with the authority granted by the Federal Aviation Administration. [Added by Ord. No. 16-3,878, eff. 6/10/16]

ARTICLE 17. PREVENTION OF HUMAN TRAFFICKING

5-3-1701A: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, the following words and terms shall mean:

DEPARTMENT: City of Burbank Community Development Department, Building and Safety Division.

EMPLOYEE: Any individual who: 1. In a particular week performs at least two hours of work for an Employer; and 2. Qualifies as an Employee entitled to payment of a minimum wage from an Employer under the California minimum wage law, as provided under section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission.

EMPLOYER: Any person, as defined in section 18 of the California Labor Code, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs an Employee or exercises control over the wages, hours, duties, or working conditions of any Employee. This Chapter and the definition of Employer do not apply to federal, state, or local government entities or agencies.

FORCED LABOR OR SERVICES: Labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person.

HUMAN TRAFFICKING: Depriving or violating the personal liberty of another with the intent to obtain Forced Labor Services. [Added by Ord. No. 24-4,009, eff. 3/15/24]

5-3-1701B: PUBLIC NUISANCE:

Every building or place used for the purpose of Human Trafficking, and every building or place in or upon which acts of Human Trafficking are held or occur is unlawful and a public nuisance, which shall be enjoined, abated, and prevented. [Added by Ord. No. 24-4,009, eff. 3/15/24]

5-3-1701C: POSTING REQUIREMENT:

Each of the following businesses or other establishments in the incorporated area must post a notice that complies with the requirements of this Chapter in a conspicuous location near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted:

A. On-sale general public premises licensees under the Alcoholic Beverage Control Act (Diversion 9 (commencing with section 23000) of the California Business and Professions Code).

B. Adult or sexually oriented businesses, as defined in subdivision (a) of section 318.5 of the California Penal Code.

C. Primary airports, as defined in section 47102(16) of Title 49 of the United States Code.

D. Intercity passenger rail or light rail stations.

E. Bus stations.

F. Truck stops. For purposes of this section, “truck stop” means a privately-owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking.

G. Emergency rooms within general acute-care hospitals.

H. Urgent care centers.

I. Farm labor contractors, as defined in subdivision (b) of section 1682 of the California Labor Code.

J. Privately-operated job recruitment centers.

K. Roadside rest areas.

L. Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of section 4612 of the California Business and Professions Code.

M. Hotels, motels, bed and breakfast inns, as defined in subdivision (b) of section 24045.12 of the California Business and Professions Code, and hostels and boarding houses, not including personal residences.

N. Restaurants, as defined in Burbank Municipal Code Chapter 10-1-203.

O. Community Care Facilities, as defined in subdivision (a) of section 1502 of the California Health and Safety Code, except small family homes and foster family homes.

P. Skilled nursing facilities, as defined in subdivision (c) of section 1250 of the California Health and Safety Code.

Q. Barbershops, hair salons, and nail salons.

R. Gas stations.

S. Retail stores that sell food or household goods, including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked goods, and/or prepared foods.

T. Shelters, including domestic violence shelters and homeless shelters.

U. Primary and reproductive/sexual health services providers, including hospitals, offices operated by a licensed physician and surgeon, licensed clinics or clinics exempt from licensure, or other licensed health care facilities that provide any primary care or reproductive/sexual health care services.

V. Garment manufacturing establishments, as defined in California Labor Code section 2671.

W. Places, buildings, structures, or portions thereof, where any commercial goods are stored.

X. Construction sites for multi-family residential developments of five or more units, commercial developments, or mixed-use developments.

Y. Businesses or establishments providing janitorial or building maintenance services. [Added by Ord. No. 24-4,009, eff. 3/15/24]

5-3-1701D: CONTENT OF NOTICE:

The notice to be posted under Section C of this Chapter must be at least 8-1/2 inches by 11 inches in size, written in a 16-point font, and must state the following:

IF YOU OR SOMEONE YOU KNOW IS BEING FORCED TO ENGAGE IN ANY ACTIVITY AND CANNOT LEAVE – WHETHER IT IS COMMERCIAL SEX, HOUSEWORK, FARM WORK, CONSTRUCTION, FACTORY, RETAIL, OR RESTAURANT WORK, OR ANY OTHER ACTIVITY – TEXT 233-733 (BE FREE) OR CALL THE NATIONAL HUMAN TRAFFICKING HOTLINE AT 1-888-373-7888 OR THE CALIFORNIA COALITION TO ABOLISH SLAVERY AND TRAFFICKING (CAST) AT 1-888-KEY-2-FRE(EDOM) OR 1-888-539-2373 TO ACCESS HELP AND SERVICES. VICTIMS OF SLAVERY AND HUMAN TRAFFICKING ARE PROTECTED UNDER UNITED STATES AND CALIFORNIA LAW.

THE HOTLINES ARE:

• AVAILABLE 24 HOURS A DAY, 7 DAYS A WEEK

• TOLL-FREE

• OPERATED BY NON-PROFIT, NON-GOVERNMENTAL ORGANIZATIONS

• ANONYMOUS AND CONFIDENTIAL

• ACCESSIBLE IN MORE THAN 160 LANGUAGES

• ABLE TO PROVIDE HELP, REFERRAL TO SERVICES, TRAINING, AND GENERAL INFORMATION.

[Added by Ord. No. 24-4,009, eff. 3/15/24]

5-3-1701E: LANGUAGE OF NOTICE:

The notice to be posted under Section C of this Chapter must be printed in English, Spanish, and any languages spoken by at least 20 percent of the employees and/or 20 percent of the patrons of the business or establishment subject to the posting requirement of Section C. [Added by Ord. No. 24-4,009, eff. 3/15/24]

5-3-1701F: TRAINING:

A. A business or other establishment that operates a facility described in Section C of this Chapter must provide at least 20 minutes of training to its new and existing Employees who could interact with, or come into contact with, a victim of Human Trafficking or who are likely to receive, in the course of their employment, a report from another Employee about suspected Human Trafficking, in recognizing the signs of Human Trafficking and how to report those signs to the appropriate law enforcement agency.

B. The Employee training required by this section shall include all of the following:

1. The definition of Human Trafficking, including sex trafficking and labor trafficking;

2. Myths and misconceptions about Human Trafficking;

3. Physical and mental signs to be aware of that may indicate that Human Trafficking is occurring;

4. Guidance on how to identify individuals most at risk for Human Trafficking;

5. Guidance on how to report Human Trafficking, including national hotlines (1-888-373-7888 and text line 233-733) and contact information for local law enforcement agencies that an Employee may use to make a confidential report; and

6. Protocols for reporting Human Trafficking when on the job.

C. The Employee training required by this section may include information and material used in training Santa Clara County Valley Transit Authority Employees, private nonprofit organizations that represent the interests of Human Trafficking victims, and the State of California Department of Justice.

D. The Employee training required by this section shall be delivered by a provider approved by the Department and may be completed in person or online.

E. Each Employee’s completion of the training required by this section must be documented with an attendance sheet or a certificate.

F. The Department will publish a list of preapproved training programs or providers that satisfy the requirement in this section.

G. Each Employer subject to this Chapter must maintain records sufficient to verify and substantiate the Employer’s full compliance with the training requirement in this section. [Added by Ord. No. 24-4,009, eff. 3/15/24]

5-3-1701G: RETALIATION OR DISCRIMINATION PROHIBITED:

No business or other establishment identified in Section C of this Chapter, or its agents, representatives, or Employees, may discipline, discharge from employment, or otherwise punish, retaliate against, or discriminate against any person as a reprisal for the person:

A. Having made a good-faith report of a suspected act of Human Trafficking to that person’s Employer, any appropriate government agency, the National Human Trafficking Hotline, or the California Coalition to Abolish Slavery and Trafficking; or

B. Having discussed a suspected act of Human Trafficking with that person’s Employer, any appropriate government agency, the National Human Trafficking Hotline, or the California Coalition to Abolish Slavery and Trafficking. [Added by Ord. No. 24-4,009, eff. 3/15/24]

5-3-1701H: RECORDKEEPING AND ACCESS:

A. Training Records. Employers subject to this Chapter must retain accurate and complete training records pertaining to each Employee that document the name, address, occupation, and date(s) of training, including copies of attendance sheets and/or certificates documenting training received.

B. Retention Period. Every Employer subject to this Chapter must retain training records required in subsection A, above, for four (4) years.

C. Access and Cooperation with Investigations. To allow for compliance monitoring and investigation, every Employer subject to this Chapter must:

1. Allow the Department access to such records required in subsection A of this section;

2. Allow the Department to interview persons, including Employees, during normal business hours; and

3. Otherwise cooperate with the Department’s investigators.

D. Presumption of Violation. There is a rebuttable presumption that an Employer violated this Chapter if an allegation is made concerning the Employer’s compliance with this Chapter and the Employer does not maintain or retain training records required by subsection A of this section, or if the Employer does not comply with subsection C of this section. [Added by Ord. No. 24-4,009, eff. 3/15/24]

5-3-1701I: ENFORCEMENT:

A. Enforcement and Investigations. The Department is authorized to take appropriate steps to enforce this Chapter, including conducting investigations of possible violations by an Employer or other person.

B. Access to Records. The Department shall have access to all workplaces subject to this Chapter during business hours to inspect postings and records, to interview persons, including Employees, and to investigate such matters necessary or appropriate to determine whether an Employer has violated any provisions of this Chapter.

C. Delegation of Subpoena Power. Under the California Government Code section 53060.4, the City Attorney shall have the authority to issue subpoenas for documents and to conduct examinations of persons as witnesses under California Government Code section 25170 for the purpose of enforcing this Chapter. This also includes the power to administer oaths under California Government Code section 25057 and to take all actions necessary to enforce subpoenas, including reporting noncompliance with the subpoena(s) to the Superior Court and seeking an order from the Superior Court compelling compliance with the corresponding subpoena(s). [Added by Ord. No. 24-4,009, eff. 3/15/24]

5-3-1701J: VIOLATIONS- PENALTIES:

The Department is responsible for the investigation and enforcement of this Chapter and may coordinate with any other City department for enforcement. The following remedies, in addition to any other remedies allowed by law, are available for violations of this Chapter:

A. Administrative Fine. Any person who violates any provision of this Chapter may be subject to administrative fines, noncompliance fees, and other remedies. A business or establishment that fails to comply with the requirements of this Ordinance is liable for a civil penalty of five hundred dollars ($500) for a first offense and one thousand dollars ($1,000) for each subsequent offense. Before issuing a notice of administrative fine, the enforcement officer must provide a notice of violation with a correction period of 30 days. The administrative fines cannot exceed $1,000 per violation, per day.

B. Civil Action and Civil Penalty. Any person who violates any provision of this Chapter may be subject to civil action by the City Attorney’s Office, including an injunction, and will be liable for a civil penalty of up to $2,500 per violation, per day.

C. Public Nuisance. Any business or establishment declared to be a public nuisance as described under 5-3-1701 B may be abated under Chapter 1-1-108 of the Burbank Municipal Code or may be charged with a misdemeanor that is punishable by a fine not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or both.

D. Any administrative fine or civil penalty collected under this Chapter shall be deposited into the City’s general fund.

E. (reserved) [Added by Ord. No. 24-4,009, eff. 3/15/24]

5-3-1701K: SEVERABILITY:

If any subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The Burbank City Council declares that it would have adopted this Chapter, each and every section, and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional. [Added by Ord. No. 24-4,009, eff. 3/15/24]

5-3-1701L: EFFECTIVE DATE:

This ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption. [Added by Ord. No. 24-4,009, eff. 3/15/24]

State law reference: Authorized by Penal Code Section 326.5(a).

CHAPTER 3MORALS AND CONDUCT

5-3-101: GAMBLING: