Chapter 9.05
OFFENSES AND MISCELLANEOUS PROVISIONS
Sections:
9.05.010 Teasing or interfering with police dogs.
9.05.020 Sale and display of prohibited substances and other paraphernalia.
9.05.030 Prohibited acts in publicly owned parking structures and lots.
9.05.060 Loitering in or near tunnels, bridges, and other areas.
9.05.070 Urinating or defecating in public view.
9.05.100 Skateboarding, roller skating, and inline skating prohibited in certain places.
9.05.110 Discharge of weapons.
9.05.120 Trespass upon private property.
Cross references: Law enforcement, Ch. 2.50; traffic and vehicles, Title 10.
9.05.010 Teasing or interfering with police dogs.
It is unlawful for any person to willfully and/or maliciously tease, torment, agitate, beat, kick, strike, injure, disable, kill, or interfere with any dog used by the city Police Department while it is functioning as an aide to the Police Department.
(Code 1965, § 4109; Code 2002, § 66-1. Ord. No. 1164; Ord. No. 87-32)
9.05.020 Sale and display of prohibited substances and other paraphernalia.
(a) Except as otherwise expressly provided in Chapter 5.80 (Cannabis) and Title 18 (Development Code) and subject to issuance and maintenance of valid permits as provided therein, no owner, manager, proprietor, or other person in charge of any room in any place of business shall allow or permit the sale or display of prohibited substances.
(b) Display or sale in rooms to which persons under the legally permitted age are admitted. No owner, manager, proprietor, or other person in charge of any room in any place of business selling any paraphernalia shall allow or permit to be, remain in, enter, or visit such room any person who is under the legally permitted age.
(c) Persons excluded from rooms used for sale or display. A person under the legally permitted age shall not be, remain in, enter, or visit any room in any place used for the sale of paraphernalia.
(d) Requirements for sale and display rooms. A person shall not maintain, in any place of business to which the public is invited, the display for sale of paraphernalia unless within a separate room or enclosure to which persons under the legally permitted age are excluded. Each entrance to such a room shall have a sign posted in visible and legible words to that effect. For the purpose of this section, an “enclosure” shall mean an area of a room separated in such a manner that no material regulated by this section shall be visible from any area of the room open to persons under the legally permitted age.
(e) Violations declared nuisance. Any violation of this section is hereby declared to be a public nuisance and may be abated pursuant to the provisions of Code of Civil Procedure Section 731. This remedy is in addition to any other remedy provided by law, including the penalty provisions of the Concord Municipal Code.
(f) Penalty. Violation of this section shall constitute a misdemeanor.
(g) Definitions. As used in this section:
AUMA is defined in Chapter 5.80 (Cannabis).
Cannabis is defined in Chapter 5.80 (Cannabis).
Cannabis accessory is defined in Chapter 5.80 (Cannabis).
Cannabis product is defined in Chapter 5.80 (Cannabis).
Ingest means smoking, inhaling, injecting, ingesting, consuming, or otherwise ingesting, inhaling, or otherwise introducing prohibited substances into the human body or an animal body.
Legally permitted age means (1) under the age of 18 years unless accompanied by one of his/her/their parents or a legal guardian, or (2) the minimum age set by MAUCRSA (currently 21 years); provided, however, that to the extent allowed by law, the more restrictive standard shall apply.
MAUCRSA is defined in Chapter 5.80 (Cannabis).
Paraphernalia means any device, contrivance, instrument, marijuana accessories, roach clips and rollers designed for the smoking of any prohibited substance, any cannabis accessory, or any item used, altered, or modified for the purpose of ingesting any prohibited substance or other paraphernalia used, altered, or modified for the purpose of ingesting prohibited substances.
Prescription drugs. To the extent allowed by law, marijuana and marijuana products shall be excluded from the term “prescription drugs” even if prescribed under the AUMA, Compassionate Use Act (California Health and Safety Code Section 11362.5), the Medical Marijuana Program Act (California Health and Safety Code Section 11362.7 et seq.), and/or otherwise.
Prohibited substances means any narcotics, marijuana, marijuana products, PCP, similar substances, any controlled substance as defined in the Health and Safety Code of the state, or any products or substances derived from any of the foregoing, other than prescription drugs. Notwithstanding the foregoing, to the extent allowed by law, “prohibited substances” shall include marijuana and marijuana products even if prescribed under the AUMA, Compassionate Use Act (California Health and Safety Code Section 11362.5), the Medical Marijuana Program Act (California Health and Safety Code Section 11362.7 et seq.), and/or additional substances prohibited under federal, state, or local law.
Sale or selling means the sale, administering, furnishing, giving away, exhibition, display, or offering of prohibited substances and/or paraphernalia.
(h) In the event of any conflict with other provisions of the Concord Municipal Code, the more restrictive standards shall apply.
(i) If any section, subsection, clause, phrase, or portion of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted the ordinance codified in this section and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.
(Code 1965, § 4104; Code 2002, § 66-2. Ord. No. 761; Ord. No. 1222; Ord. No. 16-9, § 5 (Exh. C); Ord. No. 17-13, § 3 (Exh. A); Ord. No. 18-3, § 7 (Exh. B))
9.05.030 Prohibited acts in publicly owned parking structures and lots.
(a) Definitions. For the purposes of this section, the following definitions shall apply:
Loiter. To delay, to linger, or to idle about a place without lawful business for being present.
Parking structure and parking lot. Include all stairwells, elevators, entrances, exits, retaining walls, excavations, and landscaping in or on such structures and lots.
(b) Loitering, camping, or sleeping. No person shall loiter, camp, or sleep in or on any publicly owned parking structure or parking lot.
(c) Being on premises at night. No person shall be present in or on any publicly owned parking structure or parking lot between the hours of 10:00 p.m. and 6:00 a.m. daily, except when going to, or coming from, such person’s parked vehicle, except for any person or group attending a function which has been approved in advance by city at the publicly owned parking structure or parking lot.
(d) Vending. No person shall sell, or offer to sell, any merchandise or thing whatsoever in or on any publicly owned structure or parking lot, unless such person has been licensed by the governing board of the entity controlling the structure or lot to sell at such structure or lot.
(e) Riding roller skates, skateboards or bicycles. No person shall roller skate or ride a skateboard or a bicycle in or on any publicly owned structure or parking lot.
(f) Penalties.
(1) Misdemeanor. Any person violating subsection (b), (c), or (d) of this section shall be guilty of a misdemeanor and shall be punishable in accordance with section 1.05.230 of this Code.
(2) Infraction. Any person violating subsection (e) of this section shall be guilty of an infraction and shall be punishable in accordance with section 1.05.220 of this Code.
(Code 1965, § 4105; Code 2002, § 66-3. Ord. No. 84-21; Ord. No. 85-56)
9.05.040 Sleeping in vehicle.
It is unlawful for any person to sleep in any vehicle parked on any public street, alley, or way or parked in any parking lot, whether privately or publicly owned. For the purposes of this section, a vehicle shall be as defined by Vehicle Code § 670 as it may be amended from time to time. A violation of this section shall be a misdemeanor punishable in accordance with section 1.05.230 of this Code.
(Code 1965, § 4106; Code 2002, § 66-4. Ord. No. 85-40)
Cross references: Traffic and vehicles, Title 10.
9.05.050 Camping.
(a) Restrictions. No person shall camp anywhere in the city, whether on public or private property, except as hereinafter expressly permitted. “To camp” means to do any of the following:
(1) Sleeping (11:00 p.m. to 8:30 a.m.) To sleep at any time between the hours of 11:00 p.m. and 8:30 a.m. in any of the following places:
a. Outdoors, with or without bedding, tent, hammock, or other similar protection or equipment;
b. In, on, or under any structure not intended for human occupancy, whether with or without bedding, tent, hammock, or other similar protection or equipment.
(2) Setting up bedding (11:00 p.m. to 8:30 a.m.) To establish or maintain, outdoors or in, on, or under any structure not intended for human occupancy, at any time between the hours of 11:00 p.m. and 8:30 a.m., a temporary or permanent place for sleeping by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock, or other sleeping equipment in such a manner as to be immediately usable for sleeping purposes.
(3) Setting up campsite (any time). To establish or maintain, outdoors or in, on, or under any structure not intended for human occupancy, at any time during the day or night, a temporary or permanent place for cooking or sleeping by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock, or other sleeping equipment or by setting up any cooking equipment, with the intent to remain in that location overnight.
(b) Permitted camping. Camping is permitted in the city only in the following circumstances:
(1) Camping in public areas specifically set aside and clearly marked for public camping purposes;
(2) Camping events authorized by the city;
(3) Camping in the yard of a residence, with the consent of the owner or occupant of the residence, where the camping is in the rear yard of the residence or where the camping is in an area of a side yard of the residence that is separated from view from the street by a fence or hedge or other obstruction; except that camping shall not be permitted under this subsection where it is conducted in such a manner as to constitute a nuisance because of noise, inadequate sanitation, or other matters offensive to persons of ordinary sensibility; nor shall camping be permitted under this subsection where the camping in any yard is of such frequency, intensity, or duration as to constitute a use of land prohibited by any provision of this Code; nor shall camping be permitted under this subsection where any fee, charge, or other monetary consideration is collected for the privilege of camping or for any services or the use of any facilities related thereto;
(4) Camping events for minors sponsored by any nonprofit organization; except that camping shall not be permitted under this subsection where it is conducted in such a manner as to constitute a nuisance because of noise, inadequate sanitation, or other matters offensive to persons of ordinary sensibility; nor shall camping be permitted under this subsection where the camping at any location is of such frequency, intensity, or duration as to constitute a use of land prohibited by any provision of this Code.
(c) Penalty. A violation of this section shall be a misdemeanor punishable in accordance with section 1.05.230 of this Code.
(Code 1965, § 4107; Code 2002, § 66-5. Ord. No. 85-40)
9.05.060 Loitering in or near tunnels, bridges, and other areas.
(a) No person shall loiter in any tunnel, pedestrian subway, pedestrian overpass, or on any bridge overpass, or at or near the entrance thereto or exit therefrom, or at or near any abutment or retaining wall adjacent to such entrance or exit, or any retaining wall or abutment adjacent to any freeway, street, or highway open and used for vehicular traffic or adjacent to that portion thereof used for vehicular traffic, or any public property in the proximity of such bridge, overpass, or retaining wall or abutment.
(b) Any person who violates this section is guilty of a misdemeanor.
(Code 1965, § 4169; Code 2002, § 66-6. Ord. No. 1204)
9.05.070 Urinating or defecating in public view.
It shall be unlawful and a misdemeanor for any person to urinate or defecate in or upon any street, sidewalk, alley, plaza, park, public building or publicly maintained facility, or any place open to the public or exposed to public view. This section shall not be construed as to prohibit the use for urination or defecation of lawfully constructed restroom facilities designed for sanitary disposal of human waste. This section shall not be construed to permit activity which is otherwise deemed unlawful pursuant to relevant provisions of the Penal Code or other state law.
(Code 1965, § 4170; Code 2002, § 66-7. Ord. No. 17)
Cross references: Streets, sidewalks, and other public places, Title 12.
9.05.080 Hang gliders.
(a) Definitions. As used in this section:
Hang gliding. Any activity whereby any person, or persons, glides, floats, or sails through the air in or on a hang glider.
Hang glider. A glider, kite, device, or contrivance so constructed that it will carry a person, or persons, and will operate on wind, air, or human power.
(b) Hang gliding over Concord Pavilion prohibited. It shall be unlawful for any person to engage in the activity of hang gliding in, on, or over that real property described as the Concord Pavilion, located at 2000 Kirker Pass Road, Concord, California.
(Code 1965, § 4108; Code 2002, § 66-8. Ord. No. 1018; Ord. No. 87-32)
9.05.090 Skateboard ramps.
(a) Definitions.
Skateboard. A vehicle which is constructed of wood, plastic, metal, fiberglass, or other suitable material which has wheels attached thereto. For the purposes of this section, “skateboard” includes roller skates.
Skateboard ramp. Any structure located on private residential property which is used for the purpose of riding or propelling a skateboard thereon.
(b) Use regulations.
(1) Skateboard ramps shall be prohibited in the following locations on private residential property:
a. The side yard setback area;
b. Any area between the front building line of a residential structure and the front property line;
c. Any area in the rear yard within 20 feet of any residential structure on an abutting parcel.
(2) Skateboard ramps shall only be used between the hours of 9:00 a.m. to 6:00 p.m. daily.
(3) This section applies to all pre-existing skateboard ramps on private residential property. Prior to the effective date of this section, private residential property owners shall bring their skateboard ramps into compliance with this section within 60 days of its adoption.
(c) Penalty. Any person violating the provisions of subsection (b) of this section shall be guilty of an infraction punishable by section 1.05.220.
(Code 1965, §§ 4114, 4115, 4116; Code 2002, § 66-9. Ord. No. 87-2; Ord. No. 89-11)
9.05.100 Skateboarding, roller skating, and inline skating prohibited in certain places.
(a) Downtown business district. Skateboarding, roller skating, or inline skating is prohibited on all streets, sidewalks, and public ways in the Downtown Business District.
(b) Commercial and office parking lots, private sidewalks or walkways. Skateboarding, roller skating, or inline skating is prohibited in private off-street parking facilities, and on private sidewalks or walkways serving commercial and office establishments when the owner or operator of such parking facility, sidewalk, or walkway has caused to be posted conspicuously and, as is reasonably necessary, to provide effective notice, at each entrance to the off-street parking facility or at the perimeter of the property, signs that clearly indicate that skateboarding, roller skating, or inline skating is prohibited in that off-street parking facility and/or on the private sidewalk or walkway serving the commercial and office establishment. Such signage may use lettering or symbols or a combination of both that include a reference to this section.
(Code 1965, § 4117; Code 2002, § 66-10. Ord. No. 98-7)
Cross references: Streets, sidewalks, and other public places, Title 12.
9.05.110 Discharge of weapons.
It shall be unlawful for any person to discharge any firearm, gun, rifle, or other gun or device discharging, by the use of powder, air, or springs, any bullet or shot of any kind or any sling or slingshot in the city, except in shooting galleries and on pistol and rifle ranges, the location of which has been approved by the city; provided, however, that this section shall not apply to police officers acting within the scope of their official duties or to persons acting in the necessary defense of their persons or property.
(Code 1965, § 4127; Code 2002, § 66-11. Ord. No. 235; Ord. No. 839)
9.05.120 Trespass upon private property.
(a) No person shall remain upon any private property or business premises after being notified by the owner, or lessee, or other person in charge thereof, to remove therefrom.
(b) No person, without permission, express or implied, of the owner, or lessee, or other person in charge of private property or business premises shall enter upon such private property or business premises after having been notified by the owner, or lessee, or other person in charge thereof, to keep off or keep away therefrom.
(c) This section shall not apply in any of the following instances:
(1) Where its application results in, or is coupled with, an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry, or national origin;
(2) Where its application results in, or is coupled with, an act prohibited by Penal Code § 365 or any other provision of law relating to duties of innkeepers and common carriers;
(3) Where its application would result in an interference with, or inhibition of, peaceful labor picketing or other lawful labor activities;
(4) Where its application would result in an interference with, or inhibition of, any other exercise of a constitutionally protected right of freedom of speech, such as (but not limited to) peaceful expressions of political or religious opinions not involving offensive personal conduct;
(5) Where the person who is upon another’s private property or business premises is there under claim or color of legal right. This exception is applicable to (but not limited to) the following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies; martial [marital] and post-martial [marital] disputes; child custody or visitation disputes; disputes regarding title to or rights in real property; landlord-tenant disputes; disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute; employer-employee disputes; business-type disputes such as those between partners; debtor-creditor disputes; and instances wherein the person claims rights to be present pursuant to order, decree, or process of a court.
(d) Any person who violates this section is guilty of a misdemeanor.
(Code 1965, § 4135; Code 2002, § 66-12. Ord. No. 728; Ord. No. 1054; Ord. No. 1154)