Chapter 9.08
OFFENSES AGAINST PROPERTY

Sections:

9.08.010    Findings and purpose.

9.08.020    Definitions.

9.08.030    Commercial activities prohibited.

9.08.040    Animals.

9.08.050    Bicycles in parklands.

9.08.051    Skateboards in parklands.

9.08.060    Camping prohibited.

9.08.061    Hours of use--Parklands.

9.08.070    Diving prohibited.

9.08.080    Obstruction of street and sidewalks.

9.08.090    Fireworks.

9.08.100    Damage to vegetation prohibited.

9.08.110    Public consumption of alcoholic beverages.

9.08.120    Disorderly conduct.

9.08.130    Vandalism and littering prohibited.

9.08.131    Fueling prohibited.

9.08.132    Storage on city parkland.

9.08.133    Repair or maintenance.

9.08.134    Launching at Third Street Ramp.

9.08.135    Display of commercial items.

9.08.136    Blocking public access.

9.08.137    Access to beaches.

9.08.140    Enforcement authority.

9.08.150    Violation--Penalty.

9.08.010 Findings and purpose.

In adopting the ordinance codified in this chapter, the city council makes the following findings:

A.    There has been a significant increase in the nature and intensity of commercial activities and public demand for the use of parklands in the city of Lakeport; and

B.    This situation has created the need to adopt regulations to protect the health, safety and general welfare of the citizens using city waterfront and parklands; and

C.    In adopting the ordinance codified in this chapter, the city council intends that the health, safety and welfare of those who use, enjoy, and own property near the waterfront and parklands as well as those using city parklands are not adversely affected by certain activities conducted on said parklands. (Ord. 712 (part), 1991)

9.08.020 Definitions.

For the purpose of this chapter the words set out in this section shall have the following meanings:

“Commercial activity” means any service, trade, business or occupation carried on, for which any monetary or other valuable consideration is received, or for the purpose of profit.

“Lakefront park lands” and “parklands” as used in this chapter means all real property and improvements, owned or leased by the city of Lakeport and devoted to recreational use by the general public.

“Waterfront” means all waters within the corporate limits of the city of Lakeport whether or not the lands lying under the water are privately or publicly owned. (Ord. 712 (part), 1991)

9.08.030 Commercial activities prohibited.

All commercial sales, display, advertising, and/or solicitation or other similar activities are prohibited in all city parklands unless such activity has received prior city council approval. (Ord. 712 (part), 1991)

9.08.040 Animals.

Domestic animals shall be allowed in city parklands only when they are detained on a leash or electric collar securely held by the animal’s owner or guardian and under control at all times. Unleashed animals running at large shall not be allowed and are subject to enforcement action. Any person who is allowing their animal to walk on a leash in the parklands shall be responsible to pick up and dispose of any fecal matter produced by the animal. (Ord. 863 §2, 2007: Ord. 712 (part), 1991)

9.08.050 Bicycles in parklands.

It is unlawful for any person to ride a motor-driven vehicle, bicycle, motorcycle, roller skates/roller blades, or other conveyance in any public park within the city limits of the city excluding parking lots, boat ramps, roadways and designated bikeways. (Ord. 722 (part), 1991; Ord. 712 (part), 1991)

9.08.051 Skateboards in parklands.

It is unlawful for any person to ride a skateboard within the area depicted on the map attached as Exhibit “A” to the ordinance codified in this chapter and found on file in the office of the city clerk, which is further described as all that area included within the following boundaries:

A.    Southern Boundary. The centerline of First Street from a point on the southerly extension of the face of curb on the east side Of Park Street to a point in Clear Lake at elevation zero Rumsey;

B.    Western Boundary. Proceeding from south to north, the western boundary shall be the face of the eastern curb on Park Street as extended from the centerline of First Street to the southern right-of-way line of Third Street, then northerly across Third Street to the southwestern corner of the City Park parking lot adjacent to 50 Third Street (APN 025-383-22). Then northerly along the western boundary of all land owned by the city of Lakeport between Third Street and Fourth Street to the northeastern corner of 25 Fourth Street (APN 025-383-05), then northwesterly across Fourth Street to the southeastern corner of 60 Fourth Street (APN 25-382-06), then northerly along the western boundary of all lands owned by the city of Lakeport between Fourth Street and Fifth Street to the northeastern corner of APN 025-382-21 (which is a portion of 440 N. Main Street), then west-northwesterly across Fifth street to the southeastern corner of 50 Fifth Street (APN 025-381-03). Then northerly along the western boundary of all contiguous lands owned by the city of Lakeport lying north of, and adjacent to, Fifth Street;

C.    Northern Boundary. From the northerly ending point on the western boundary north of Fifth Street as described above, easterly along the northern boundary of land owned by the city of Lakeport to a point in Clear Lake at elevation zero Rumsey;

D.    Eastern Boundary. From an extension of the northern boundary of land owned by the city of Lakeport located at zero Rumsey southerly to a point located on the eastern extension of the First Street centerline located at elevation zero Rumsey. (Ord. 722 (part), 1991)

9.08.060 Camping prohibited.

It is unlawful for any person or persons to camp at or to occupy overnight between the hours of midnight and six a.m. any public parklands with the exception for special events approved in advance by the city council. (Ord. 712 (part), 1991)

9.08.061 Hours of use--Parklands.

It is unlawful for any person to enter, traverse or be present in parklands during the hours of midnight to five a.m., with the exception of special events approved in advance by the city council. (Ord. 920 §1, 2019: Ord. 752, 1993)

9.08.070 Diving prohibited.

It is unlawful for any person to dive, jump or propel oneself from the pier, tower, ramp or other structure appurtenant to any city parklands. (Ord. 712 (part), 1991)

9.08.080 Obstruction of street and sidewalks.

It is unlawful for any person to intentionally stand, sit or lie in or upon any street, boat ramp, sidewalk, stairway or crosswalk so as to prevent free passage of persons or vehicles passing over, along or across any street, sidewalk, stairway or crosswalk, including all pathways and sidewalks located in city parklands. (Ord. 712 (part), 1991)

9.08.090 Fireworks.

The sale, use, possession, and/or discharge of any type of fireworks or similar device is prohibited in all city parklands. (Ord. 712 (part), 1991)

9.08.100 Damage to vegetation prohibited.

It is unlawful for any person to engage in any activity or conduct injurious to, or to injure in any manner any trees, shrubs, plants, flowers or other property in any parklands or located on city owned property within the Lakeport city limits. (Ord. 779 (part), 1996: Ord. 712 (part), 1991)

9.08.110 Public consumption of alcoholic beverages.

A.    It is unlawful for any person or organization to sell, serve or cause to be served, consume, or possess open containers of alcoholic beverages of any kind whatsoever upon any public street, park or public property within the city limits, at any time for any purpose, except as specifically provided for in this section.

B.    The sale, serving, consumption and possession of alcoholic beverages is permitted on city property located at Fifth Street and leased by the Lakeport Yacht Club, in Library Park or at other city locations after prior approval by the Lakeport city council; except that consumption or possession of alcoholic beverages is prohibited in the children’s play area in that portion of Library Park located to the south of the concrete walkway at the rear of the old Carnegie Library building.

C.    The possession of glass containers is prohibited in all city parks.

D.    Notwithstanding Sections 647(f) of the California Penal Code, and 11550 of the California Health and Safety Code, it is unlawful for a person under the age of twenty-one years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, other chemical test, or based on the observation, testing, and evaluation of a peace officer, or has any amount of a controlled substance in his or her blood, as based on the observation, testing, and evaluation of a peace officer, to occupy any city parkland as defined by Lakeport Municipal Code Section 9.08.020. However, this section shall not be a bar to prosecution of any other provision of law.

E.    A person shall be found in violation of subsection D if the person was, at the time said person was found in any city parkland, under the age of twenty-one years, and the trier of fact finds that the person had consumed an alcoholic beverage, and had a blood-alcohol concentration of 0.01 percent or greater, or ingested any controlled substance and was occupying any city parkland.

F.    1. Any person under the age of twenty-one years who occupies any city parkland is deemed to have given his or her consent to a preliminary alcohol screening test, other chemical test, or testing and evaluation by a peace officer, for the purpose of determining the presence of alcohol or any other controlled substance, if lawfully detained for an alleged violation of subsection D.

2.    The testing and evaluation shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was occupying the city parklands in violation of subsection D.

3.    The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test, or other testing and evaluation by a peace officer when requested, will result in his or her immediate expulsion from any and all city parklands, for a period of time until the person agrees to submit to testing and is found not to be in violation of subsection D.

G.    1. Any person found to be in violation of subsection D shall leave any and all city parklands immediately upon the request of a peace officer, for a period of time until the person has no measurable or determinable amount of alcohol or controlled substance in his or her blood.

2.    Any person who refuses to leave the city parklands after being requested to do so by a peace officer, or returns to city parklands after being requested to leave and still has a measurable or determinable amount of alcohol or controlled substance in his or her blood, is subject to arrest per authority of Lakeport Municipal Code Section 9.08.150, subsection (A)(3), or California Penal Code Section 148, subsection (a). (Ord. 786, 1997; Ord. 740, 1992; Ord. 712 (part), 1991)

9.08.120 Disorderly conduct.

It is unlawful for any person to engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to breach the public peace and enjoyment of city parklands. (Ord. 712 (part), 1991)

9.08.130 Vandalism and littering prohibited.

It is unlawful for any to write upon, cut or otherwise damage or deface any building structure or other improvement located on the city parklands or to deposit any type of debris or litter in the city parklands except into an approved trash container. (Ord. 712 (part), 1991)

9.08.131 Fueling prohibited.

No fueling of commercial vessels, vehicles, personal watercraft or other mechanical equipment shall be allowed on the lakefront parkland except after approval by the Lakeport city council as to both the location and the method of fueling. (Ord. 737 (part), 1992)

9.08.132 Storage on city parkland.

No vessels, vehicles, personal watercraft or other equipment shall be stored on lakefront parkland launch ramps for a continuous period of time exceeding twenty minutes in any twenty-four hour period. (Ord. 737 (part), 1992)

9.08.133 Repair or maintenance.

Except for specifically designated areas, no repair or maintenance of any vessels, vehicles, personal watercraft or other mechanical equipment shall be allowed on the lakefront parkland. (Ord. 737 (part), 1992)

9.08.134 Launching at third street ramp.

Any person using the Third Street launch ramp shall commence their launch from the city parking lot located northerly of the ramp and not back down any portion of Park Street or Third Street west of Park Street. (Ord. 737 (part), 1992)

9.08.135 Display of commercial items.

No commercial vessel, vehicle, personal watercraft or merchandise shall be displayed or stored on the lakefront parkland. (Ord. 737 (part), 1992)

9.08.136 Blocking public access.

No person shall unreasonably block or obstruct public access to any launching ramp, parking area or travelled way in the Lakefront Parklands. No parking shall be permitted except in designated parking spaces or as allowed by special council approval. (Ord. 779 (part), 1996: Ord. 737 (part), 1992)

9.08.137 Access to beaches.

The lakefront parkland beaches are to be reserved for the exclusive use of pedestrian traffic. No person shall park, moor or store any vessel, personal watercraft or equipment upon any beach area except in the case of an emergency. (Ord. 737 (part), 1992)

9.08.140 Enforcement authority.

It is made the duty of the chief of police to enforce the provisions of this chapter and to arrest any person violating them. (Ord. 712 (part), 1991)

9.08.150 Violation--Penalty.

A.    A violation of Sections 9.08.030 through 9.08.080 shall be an infraction punishable by:

1.    A fine not exceeding one hundred dollars for a first violation;

2.    A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;

3.    A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

B.    A violation of Sections 9.08.090 through Sections 9.08.130 shall be a misdemeanor punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. (Ord. 712 (part), 1991)