Chapter 4.70
OFFENSES GENERALLY

Sections:

4.70.010    Curfew – Purpose and intent.

4.70.020    Curfew – Definitions.

4.70.030    Curfew – Offenses.

4.70.040    Curfew – Defenses.

4.70.050    Curfew – Enforcement.

4.70.060    Curfew – Penalties.

4.70.070    Daytime curfew – Offenses.

4.70.080    Daytime curfew – Defenses.

4.70.090    Daytime curfew – Enforcement.

4.70.100    Daytime curfew – Penalties.

4.70.110    Disturbing the peace.

4.70.120    Nudity on public beaches and in public parks.

4.70.130    Intoxicating liquor – Public consumption and possession of open container.

4.70.140    Possession of glass, metal or ceramic liquid containers within the stateline special enforcement area during New Year’s period prohibited.

4.70.150    Offensive noise prohibited.

4.70.160    Offensive noise standards.

4.70.170    Violations.

4.70.180    Remaining on private property after receiving notification to leave.

4.70.190    Adult entertainment facilities.

4.70.200    Escort and dating services – Permit required.

4.70.210    Unlawful acts.

4.70.220    Solicitation of motorists prohibited.

4.70.230    Riding of skateboards and in-line or roller skates on public property and private property areas open to the public prohibited where clearly posted.

4.70.240    Camping on public or private lands.

4.70.250    Incorporation of miscellaneous state offenses.

As to nuisances, see Chapter 4.40 SLTCC.

4.70.010 Curfew – Purpose and intent.

The city council of the city of South Lake Tahoe finds that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children and minors’ inability to make critical decisions in an informed and mature manner. The city recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours. The city also recognizes a compelling interest in supervision of and provision of a higher degree of protection for its minors specifically during school hours because when children are absent from school without excuse, they are at greater risk of both being harmed and of causing harm to others. It is the intent of the council in adopting the ordinance codified in this section to provide law enforcement with an additional enforcement tool to protect the health, safety, and welfare of minors under the age of 18 and of the general public. Any person, including minors, parents, guardians, owners, operators, and employees of establishments, who violates the following provisions under SLTCC 4.70.010 through 4.70.100 is subject to penalization as set forth in SLTCC 4.70.060 and 4.70.100. (Ord. 23 § 1; Ord. 889 § 1; Ord. 1045 § 1 (Exh. A). Code 1997 § 18-1)

4.70.020 Curfew – Definitions.

The following definitions are applicable to SLTCC 4.70.010 through 4.70.100:

A. “Curfew hours” means the period from 10:00 p.m. any night until 6:00 a.m. the following morning.

B. “Daytime curfew hours” means the hours during the day when the school, which the minor would normally attend, is in session, on days when that school is in session.

C. “Emergency” means unforeseen circumstances or a situation that calls for immediate action. The term includes, but it not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life.

D. “Establishment” means any privately owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment.

E. “Guardian” means (1) a person who, under court order, is the guardian of the minor; or (2) a public or private agency with whom a minor has been placed by a court.

F. “Minor” means any person under 18 years of age.

G. “Operator” means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.

H. “Parent” means a person who is a natural parent, adoptive parent or step-parent of a minor.

I. “Responsible adult” means a person at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

J. “Public place” means any place the public or a substantial group of the public has access to and includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

K. “Remain” means to (1) linger, stay or be present; or (2) fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises. (Ord. 23 § 1; Ord. 889 § 1; Ord. 1045 § 1 (Exh. A). Code 1997 § 18-2)

4.70.030 Curfew – Offenses.

It is unlawful for:

A. Any minor to remain in any public place or on the premises of any establishment within the city during curfew hours; or

B. Any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours; or

C. Any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours. (Ord. 23 § 1; Ord. 889 § 1; Ord. 1045 § 1 (Exh. A). Code 1997 § 18-3)

4.70.040 Curfew – Defenses.

A. It is a defense to prosecution of the offenses in SLTCC 4.70.030 that the minor was:

1. Accompanied by the minor’s parent or guardian or by a responsible adult;

2. On an errand at the direction of the minor’s parent or guardian or responsible adult, without detour or delay;

3. In a motor vehicle involved in intrastate or interstate travel;

4. Engaged in employment, or going to or returning home from employment, without detour or delay;

5. Involved in an emergency;

6. On the sidewalk adjacent to the minor’s residence, providing the minor is not otherwise violating the law;

7. Attending an official school, religious or other adult-supervised recreational activity sponsored by the city, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay;

8. Exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech and the right of assembly;

9. Emancipated pursuant to law.

B. It is a defense to prosecution under SLTCC 4.70.030(C) that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (Ord. 889 § 1; Ord. 1045 § 1 (Exh. A). Code 1997 § 18-3.1)

4.70.050 Curfew – Enforcement.

Before taking any enforcement action under SLTCC 4.70.010 through 4.70.060, a peace officer shall ask the apparent offender’s age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under SLTCC 4.70.010 through 4.70.060 unless the officer reasonably believes an offense has occurred and, based upon the minor’s response(s) and other circumstances, no defense under SLTCC 4.70.010 through 4.70.060 appears present or applicable. (Ord. 889 § 1; Ord. 1045 § 1 (Exh. A). Code 1997 § 18-3.2)

4.70.060 Curfew – Penalties.

Any person who violates a provision of SLTCC 4.70.010 through 4.70.060 is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Any person who violates the offenses described in SLTCC 4.70.010 through 4.70.060 shall be guilty of a misdemeanor; provided, however, that any such offense may be charged as an infraction in the discretion of the district attorney. (Ord. 889 § 1; Ord. 1045 § 1 (Exh. A). Code 1997 § 18-3.3)

4.70.070 Daytime curfew – Offenses.

It is unlawful for:

A. Any minor who is subject to compulsory education or to compulsory continuation education under state law to remain in any public place or on the premises of any establishment within the city during daytime curfew hours; or

B. Any parents or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the city during daytime curfew hours. (Ord. 1045 § 1 (Exh. A). Code 1997 § 18-3.4)

4.70.080 Daytime curfew – Defenses.

It is a defense to prosecution of the offenses in SLTCC 4.70.070 that the minor was:

A. Accompanied by the minor’s parent or guardian or by a responsible adult;

B. On an errand at the direction of the minor’s parent or guardian or responsible adult, without detour or delay;

C. Engaged in employment, or going to or returning to school from employment, or going to or returning to school from a medical appointment, without detour or delay;

D. Involved in an emergency;

E. Attending or going directly to or returning directly to school from a public meeting or an official school-sponsored sporting event, dance, or activity which is under the direction, supervision, or control of an adult and which is organized, arranged, or sponsored by the city, a local educational authority, or religious or civil organization that is taking responsibility for the minor; or

F. Carrying in his or her possession a valid, school-issued, off-campus permit or pass that authorizes the minor to leave the school campus; or

G. Exempt by law from compulsory education or compulsory continuation education; or

H. Authorized to be absent from school pursuant to the provisions of California Education Code Section 48205, or any other applicable state or federal law; or

I. Traveling in the general direction of his or her school, regardless of whether school has already begun. If the minor is contacted by law enforcement within a three-block radius of his or her school within the first 60 minutes after school has begun, it establishes a rebuttable presumption that the minor was traveling to his or her school; or

J. Legally home-schooled. If a minor claims to be home-schooled, the officer shall make a reasonable attempt to determine the home-schooled status of the minor prior to taking any enforcement action pursuant to SLTCC 4.70.090; or

K. Otherwise justified by good cause. (Ord. 1045 § 1 (Exh. A). Code 1997 § 18-3.5)

4.70.090 Daytime curfew – Enforcement.

Before taking any enforcement action under SLTCC 4.70.070, a peace officer shall ask the apparent offender’s age and reason for being in a public place or on the premises of an establishment during daytime curfew hours. The officer shall not issue a citation or detain a minor under SLTCC 4.70.070 unless the officer reasonably believes an offense has occurred and, based upon the minor’s response(s) and other circumstances, no defense under SLTCC 4.70.080 appears present or applicable. The officer shall identify the time when the officer first encountered the minor, provide the minor’s stated age, and articulate the justification for the citation’s issuance directly on the citation. (Ord. 1045 § 1 (Exh. A). Code 1997 § 18-3.6)

4.70.100 Daytime curfew – Penalties.

Any person who violates a provision of SLTCC 4.70.070 is guilty of a separate offense for each day or part of a day during which the violation is committed. Any person who violates the offenses described in SLTCC 4.70.070 up to four times in one year shall be guilty of an infraction. An offender shall be subject to receiving a city administrative citation, or a criminal citation for an infraction, in the discretion of the arresting officer. The first offense shall be punishable by a fine not exceeding $100.00. Subsequent violations of this section within the same school year for which the first violation citation has been issued may result in punishment as further provided in this section below. Subsequent infractions shall be punishable by a fine not exceeding $200.00 for a second violation, a fine not exceeding $300.00 for a third violation within one year, and a fine not exceeding $500.00 for a fourth violation within one year. Any person who violates the offenses described in SLTCC 4.70.070 a fifth time or more in one year shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding $1,000, or by both; provided, however, that any such misdemeanor under this section may be charged as an infraction in the discretion of the district attorney. (Ord. 1045 § 1 (Exh. A). Code 1997 § 18-3.7)

4.70.110 Disturbing the peace.

No person shall willfully or knowingly disturb the peace of any other person, group of persons, or neighborhood by boisterous or unruly behavior, including but not limited to the playing of sound or recording equipment in a manner clearly audible to persons who do not wish to hear such sounds. Nothing in this section shall be construed to prohibit or restrict the dissemination of information or ideas in a manner protected by the United States or state constitutions. (Ord. 30 § 1; Ord. 658 § 1. Code 1997 § 18-4)

For state law as to disorderly conduct, see Pen. C. § 647. As to disturbing the peace, see Pen. C. § 415.

4.70.120 Nudity on public beaches and in public parks.

A. Whereas, citizens of the city of South Lake Tahoe and visitors to the city go to public parks and beaches to enjoy the natural beauty of the Lake Tahoe environment and engage in family oriented recreational activities such as picnicking, boating and swimming.

B. And whereas, the economy of the city of South Lake Tahoe is largely dependent upon the desire of visitors to come and return to Lake Tahoe to enjoy such natural surroundings without distractions caused by offensive conduct of other persons.

C. And whereas, nudity and the display of human genitals is or may be offensive to visitors and a distraction to the enjoyment of the natural environment and related recreational activities.

It shall be unlawful for any person to appear, be, or become nude on any public beach or public park in the city of South Lake Tahoe, where there are present on such public property persons to be offended or annoyed by such nudity. (Ord. 30 § 1; Ord. 610 § 1. Code 1997 § 18-7)

4.70.130 Intoxicating liquor – Public consumption and possession of open container.

A. Definitions. For the purposes of this section, the following terms or phrases shall have the meaning respectively ascribed to them by this section:

1. “Intoxicating liquor” means all beverages defined by the California Liquor Control Act as intoxicating.

2. “Alcoholic beverage” shall have the same meaning as “intoxicating liquor.”

3. “City manager” means the city manager or his or her designee.

4. “Chief of police” means the chief of police or his or her designee.

5. “City park” shall have the same meaning as that set forth in SLTCC 8.05.020(B).

B. Consumption and Possession in Public. No person shall consume an intoxicating liquor or alcoholic beverage, or have in his or her possession any bottle, can or other receptacle containing any alcoholic beverage or intoxicating liquor which has been opened, or which has a seal broken, or the contents of which have been partially removed, upon any public street, alley, sidewalk, parking lot, park, recreation facility or beach, in or immediately adjacent to a public restroom or other public place within the city except:

1. In or on the property of an establishment, business place, or other location properly licensed for the sale and consumption of alcoholic beverages under the Alcoholic Beverage Control Act of the state of California;

2. During a city sanctioned special event, provided the city manager, after consultation with the chief of police, has permitted the consumption of alcoholic beverages in connection with the special event, and subject to the following conditions:

a. An alcohol use permit must be issued prior to the sale, possession or consumption of alcoholic beverages. An application for an alcohol use permit shall be reviewed by the city manager and chief of police to determine whether additional permit conditions may be necessary or appropriate, including, but not limited to, conditions regarding the presence of licensed and bonded security at the special event. The application fee shall be set forth in the city’s master fee schedule.

b. The event has been issued a special event permit pursuant to the city’s adopted special event guidelines or the city’s adopted Lakeview Commons special event guidelines.

c. If the event will involve the sale of alcoholic beverages, the applicant must obtain an Alcoholic Beverage Control Board (ABC) license and any and all other licenses and permits required by state law.

d. The consumption of alcoholic beverages shall only be permitted within those areas of the park, recreation facility or beach so designated by the city manager and subject to any additional constraints imposed by the city manager and the chief of police in connection with the issuance of the special event permit and alcohol use permit. Nothing in this section shall be deemed to relieve any applicant or event organizer from full compliance with all alcohol beverage control laws and regulations of the state of California.

e. The city manager and/or chief of police may deny an application for an alcohol use permit if, based on their review, they believe that issuance of the permit would not be in the best interest of the city and community. Within five business days after receipt of notice of denial, the applicant may file a notice of appeal with the city clerk, stating their basis for appeal. An appeal fee shall accompany said appeal. The city council shall rule on the appeal at the next available council meeting.

3. In a city park, city recreational facility, or other property owned by the city but operated, leased, or rented by a private operator or lessee pursuant to an agreement with the city and subject to the following conditions:

a. An alcohol use permit must be issued prior to the sale, possession or consumption of alcoholic beverages. An application for an alcohol use permit shall be reviewed by the city manager and chief of police to determine whether additional permit conditions may be necessary or appropriate, but not limited to conditions regarding the presence of licensed and bonded security. The application fee shall be set forth in the city’s master fee schedule.

b. If the usage of city property will involve the sale of alcoholic beverages, the applicant must obtain an Alcoholic Beverage Control Board (ABC) license and any and all other licenses and permits required by state law.

c. In the event police officers are called to the site of any private use of a city facility as a result of the conduct of the activities, all such time shall be treated as a special security assignment under the provisions of SLTCC 4.135.010 and the user shall be billed accordingly for all officer time. The ranking on-site officer at the site shall be entitled, in his or her discretion, to terminate the event if he or she has a reasonable belief that its continuance would be detrimental to the public health, safety, and welfare, constitute a nuisance or disturbance of the peace.

d. The city manager and/or chief of police may deny an application for an alcohol use permit if, based on their review, they believe that issuance of the permit would not be in the best interest of the city and community. An applicant may appeal the denial for an alcohol use permit pursuant to Chapter 2.35 SLTCC.

C. Prohibition of Minors. Except as otherwise provided by the California Business and Professional Code, no person under the age of 21 years shall consume or have in his/her possession any bottle, can or other receptacle containing any alcoholic beverage in any place where alcoholic beverages are provided or consumed. The provider’s age or relationship to the violator shall not be a defense. Violation of this chapter shall be a misdemeanor pursuant to SLTCC 1.05.060. (Ord. 27 § 6; Ord. 30 § 2; Ord. 63 § 1; Ord. 735 § 1; Ord. 1053 § 1 (Exh. A); Ord. 1105 § 1 (Exh. B). Code 1997 § 18-9)

4.70.140 Possession of glass, metal or ceramic liquid containers within the stateline special enforcement area during New Year’s period prohibited.

It shall be unlawful for any person to use or possess in the stateline special enforcement area of the city of South Lake Tahoe any liquid container made wholly or partially of any glass, metal or ceramic material between the hours of 6:00 p.m. December 31st to 6:00 a.m. January 1st of any year.

This section shall apply to persons on any public street, any open area or any area accessible to the public with the exception of an enclosed business. It is not the intent of this section to prevent the transportation of unopened containers from the retail store where they were purchased directly to the residence/lodging of the purchaser, provided the containers remain in the original package or bag in which they were carried from the store. Sworn members of the South Lake Tahoe police department, or their agent(s), may confiscate, and dispose of, any container in violation of this section.

Any violation of the provisions of this section shall be deemed a misdemeanor.

For purposes of this section the stateline special enforcement area of the city of South Lake Tahoe shall be defined as follows:

U.S. Highway 50, also known as Lake Tahoe Boulevard, is an east/west running roadway within the city of South Lake Tahoe. The stateline special enforcement area of the city of South Lake Tahoe shall be bordered by Park Avenue and Heavenly Village Way to the west. The southern boundary shall be the southern portion of any city, county or state easement parallel to the southern edge of Montreal Road and shall end at the California/Nevada state line. The northern boundary shall be the northern portion of any city, county or state easement parallel to the northern edge of Pine Boulevard and shall end at the California/Nevada state line. The eastern boundary shall be the California/Nevada state line.

(Ord. 904 Exh. A; Ord. 950 § 1. Code 1997 § 18-9.1)

4.70.150 Offensive noise prohibited.

It shall be unlawful for any person on residential property or a public way to make or continue, or cause to be made or continued, any offensive, excessive, unnecessary, or unusually loud noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others on residential property or public ways within the city. (Ord. 762 § 1. Code 1997 § 18-10.1)

4.70.160 Offensive noise standards.

The following acts, among others, are declared to be offensive, loud, disturbing, and unnecessary noises originating from residential properties or on public ways in violation of this chapter, but such enumeration shall not be deemed to be exclusive:

A. The using, operating, or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, stereo, television, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet, and comfort of neighboring residential inhabitants at any time with volume louder than is necessary for convenient hearing for the persons who are in the room, vehicle, or chamber in which such machine or device is operating and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, stereo, machine, or device in such a manner as to be plainly audible at a distance of 50 feet from the residential building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this chapter;

B. The using, operating, or permitting to be played, used, or operated of any radio receiving set, stereo, tape recorder, sound amplifier, or other machine or device for producing or reproducing sound from any motor vehicle in which such sound machine or device is operating and who are voluntary listeners thereto. The operation of any such sound machine or device in such a manner as to be plainly audible at any time at a distance of 10 feet from the motor vehicle in which it is located shall be prima facie evidence of a violation of this chapter; and

C. Yelling, shouting, hooting, whistling, or singing originating from any residential property or upon any public way at any time so as to annoy or disturb the quiet comfort or repose of persons in the vicinity. (Ord. 762 § 1. Code 1997 § 18-10.2)

4.70.170 Violations.

Any person violating SLTCC 4.70.150 or 4.70.160 is guilty of a misdemeanor and, upon conviction, shall be subject to fine or imprisonment as provided by law.

This remedy shall not be exclusive and the city attorney is authorized to prosecute any other civil or criminal remedies available in law or equity for violation of this chapter. (Ord. 762 § 1. Code 1997 § 18-10.3)

4.70.180 Remaining on private property after receiving notification to leave.

A. Findings. This section is adopted based upon the following facts:

1. The South Lake Tahoe police department, through its community policing program, has determined that access to, and the use of, business premises by the public within the city are being obstructed by congregations of persons;

2. Such congregation of persons, individually and collectively, have and do harass and intimidate members of the public using the facility for commercial purposes as well as business owners within commercial facilities to the detriment of the public;

3. Numerous attempts have been made to utilize existing state laws regarding trespass and loitering to ensure free and unimpeded access to those facilities by the public. Attempts to utilize those laws has failed to resolve the issues and therefore a municipal ordinance is necessary;

4. In adopting this chapter the city council desires to give full deference to all judicial decisions concerning constitutionally protected activities in public and quasi-public forums, as well as California statute protections which concern access to and use of commercial facilities (e.g., the Unruh Act);

5. In recognition of those rights and principles, the city council, in enacting this chapter, is regulating only the disruptive conduct of such individuals and/or groups, not their right to speak, associate, or be and remain on commercial premises open to the public.

B. Remaining on Private Property After Notice to Leave Prohibited. It shall be unlawful, and prosecutable either as an infraction or a misdemeanor under SLTCC 1.05.060, for any person to be or remain upon the premises of any commercial or business establishment within the city after being asked to leave by the owner(s) or his agent or any private security personnel retained by such owner or agent, or any peace officer of the state of California due to their disruptive or otherwise unlawful conduct on the business premises.

For purposes of this section disruptive conduct shall include, but shall not be limited to, verbal and physical harassment or intimidation of business patrons of commercial premises, the obstruction of doors, walls or passageways within the business establishment and the harassment or intimidation of business owners or operators within the commercial premises.

Prior to the institution of criminal prosecution under this section the following enforcement actions shall be undertaken:

1. Any person subject to prosecution shall be given a written warning of the provisions of this section and the consequences of violating its terms.

2. Upon the continuance of disruptive conduct by any such person which is specifically observed by the citing officer, that person shall be issued a notice to appear citation by a police officer or a private security patrol officer whose training and credentials have been approved by the police department. Said notice shall order such person to appear at an administrative hearing conducted by a hearing officer appointed by the chief of police to show cause why he/she should not be barred from the commercial premises.

The hearing officer may order exclusion of any such person from the business premises, or may order the posting of cash or other returnable sureties to ensure future nondisruptive conduct.

In the case of a minor in violation of this section, his or her parent or legal guardian shall also appear at the administrative hearing and shall thereafter become responsible for the conduct of the minor.

Failure to appear at the administrative hearing after notice shall be grounds for criminal prosecution.

3. In the event of a violation of any administrative order a penalty of $100.00 per violation shall be levied and collected against the person or, if a minor, their parent(s) or guardian. Further, any minor who violates any administrative order, who has unpaid penalties, or who returns to the business premises after being ordered to leave shall be delivered into the parent’s or guardian’s custody, by a peace officer, wherever the parent or guardian may be found. In the event the parent or guardian cannot be located, and the minor is truant from school, he or she shall be delivered to the principal of the school by a peace officer.

4. Any person who subsequently returns to a commercial premises in violation of any administrative order shall be subject to administrative penalties of $250.00 per occurrence as well as criminal prosecution. The parent(s) or guardian of any minor shall be fully liable for administrative penalties and shall be subject to criminal prosecution under this chapter for the conduct of the minor. (Ord. 173 § 1; Ord. 606 § 1; Ord. 835 § 1. Code 1997 § 18-12)

4.70.190 Adult entertainment facilities.

A. Purpose. In adopting this section, the council of the city of South Lake Tahoe recognizes that certain types of adult entertainment facilities possess certain objectional operational characteristics which, if such uses are allowed to concentrate, will have adverse effects upon the character of such areas and adjacent neighborhoods. The council further recognizes that locating adult entertainment facilities in close proximity to facilities frequented by minors will cause the exposure of minors to adult material which may adversely affect such minors due to their immaturity. Additionally, it is recognized by the council that while certain adult entertainment enjoys limited protection under the First Amendment of the United States Constitution, substantial numbers of the citizens of the city of South Lake Tahoe are offended by the public display of sexually oriented material. Special and limited regulations of adult entertainment uses, consistent with the First Amendment rights of such uses, is therefore necessary to ensure that these adverse effects of adult entertainment uses will not contribute to the blighting or downgrading of zones in which they are permitted, the downgrading of surrounding neighborhoods, will not adversely affect minors, and will not offend those citizens of the city who do not wish to be exposed to sexually oriented material.

B. Definitions. Repealed.

C. Location of Adult Entertainment Facilities. No person, whether as principal, agent, employee or independent contractor, either for himself or any other person, or as an officer of any corporation or partner or associate of any business enterprise, shall place, maintain, own or operate any adult bookstore, adult movie theatre, or any other place of business of any similar purpose, operation or function in the city unless such establishment:

1. Primary Use.

a. The use is located within a general commercial (GC) or general commercial industrial (GCI) zone; and

b. Is located within a building or structure which is not visible from U.S. Highway 50 or State Highway 89; and

c. Is located not less than 1,000 feet from any public or private schools attended primarily by minors, churches which conduct religious education classes for minors, public parks or recreation facilities substantially utilized by minors, or any other pre-existing adult use regulated by this section; and

d. Is located in a fully enclosed building; and

e. Is located in a newly constructed or remodeled building or structure which meets the design standards established for uses in the South Lake Tahoe Redevelopment Plan, Project Plan No. 1 or applicable community plan. All such remodel or construction plans shall be subject to design review under the provisions contained in Chapter 6.55 SLTCC;

Or as an alternative:

2. Ancillary Use.

a. The use is ancillary to a lawfully existing similar and compatible use, i.e., an adult bookstore within an existing general bookstore would be defined as ancillary use.

For purposes of this subsection, “ancillary” shall be defined as a use which utilizes a substantial portion of the allowable commercial floor space of the business premises and is secondary to a primary use allowed pursuant to the city’s code and other applicable regulations; and

b. Achieves all of the following remodel design criteria:

i. Features partitions or other separation of the adult ancillary use from the primary use;

ii. Closure of all nonessential driveways;

iii. Install landscape improvements in accordance with applicable sign and design review ordinances in effect at the time the ancillary use is established;

iv. Curb, gutter and sidewalk improvements; and

v. Removal of all nonconforming signage.

For purposes of this subsection, the term “substantial portion” shall be defined as the use of 25 percent or less of the allowable commercial floor space for adult entertainment purposes.

D. Public Display of Certain Matter Prohibited. Adult motion picture theatres and adult bookstores shall not display or exhibit any material depicting human genitals or specified sexual activities in a manner which exposes said material to the view of persons outside the building in which said bookstore or motion picture theatres are located.

E. Compilation of Existing Adult Entertainment Uses. Repealed.

F. Constitutionality. If any section, subsection, sentence, clause or phrase of this section is for any reason held to be invalid, 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 and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. 544 § 1; Ord. 830 §§ 1 – 3. Code 1997 § 18-12.2)

4.70.200 Escort and dating services – Permit required.

A. Definitions.

1. “Escort or date” means:

a. Any person who, for hire compensation, accompanies others to or about social affairs, entertainment or places of amusement.

b. Any person who, for hire or compensation escorts or accompanies others about any places of public or private entertainment or accommodation.

2. “Escort bureau or dating service” means any business or agency which, for a fee, commission, hire, reward or profit, furnishes or offers to furnish escorts.

3. “Permittee” means any person or entity to whom an escort or dating permit is issued.

B. License Required. Every person conducting, managing or carrying on any escort bureau shall first procure a license and pay an annual fee in the amount set forth in subsection (D) of this section, under the appropriate heading.

C. Exceptions – Employment Agencies. This chapter does not apply to the lawful business of any employment office or employment agency licensed under state law which does not conduct an escort bureau.

D. License Application. Each application for a license to conduct an escort bureau shall state the names and addresses of all escorts employed by or intended to be employed by the applicant.

A license to conduct an escort bureau shall not be issued to or in the name of any organization, group corporation, partnership of any other entity other than an individual.

Any person desiring to operate an escort or dating service and act as a date or escort shall apply to the chief of police on a form provided by the department. Such application shall be accompanied by an application fee in an amount established by the department sufficient to cover the costs of processing and investigation. The application shall set forth the following information:

1. The full and true name, and any other names used, by the applicant and all others with an ownership interest in the establishment;

2. The present address, telephone, and driver’s license numbers of the applicant and all others with an ownership interest in the establishment;

3. The two previous addresses of the applicant;

4. Proof that the applicant and all proposed employees are over the age of 18;

5. The height, weight, color or eyes and hair of the applicant;

6. Five portrait photographs of at least two by two inches of the applicant;

7. A history of any governmental or business licenses held by the applicant, whether presently or previously, and whether such licenses were at any time revoked, suspended, or disciplinary action taken thereof and the reasons for any such action;

8. The names, addresses and telephone numbers of the two previous employers of the applicant, and any employment, whenever occurring, in a dating or escort establishment, wherever located;

9. Conviction of any criminal offense hereinafter specified;

10. The name and address of the lessor of the real property, if any, upon which the escort or dating service is to be conducted and a copy of the lease agreement;

11. Written verification by a licensed California physician that the applicant is free of any communicable disease; and

12. Such other information as may reasonable be necessary to ascertain the truth of the matters set forth in the application; including the taking of fingerprints and authorization for a criminal records background check.

The acceptance of an application by the chief of police shall not authorize conduct of an escort or dating service, or employment by such establishment.

E. 1. Granting of Permit. Upon receipt of a permit application the chief of police or his designee shall have 45 days within which to grant of deny the permit. During that time he or she shall consult with all affected city departments and obtain their recommendations. The permit shall be granted unless the chief finds that:

a. The operation as proposed would violate another applicable provision of law, including but not limited to the city zoning, building, health, fire or housing codes.

b. The applicant, or a person with an ownership interest in the establishment, has been convicted of any of the material criminal offenses in California, or their equivalent in a state other than California.

c. That the applicant has knowingly made a material misrepresentation as to any part or portion of the application.

d. That the applicant has had a similar permit denied or revoked for cause by this city or any other governmental entity within the past 36 months.

e. That the applicant has not paid the required fee, submitted a complete application, or is under the age of 18.

Within five working days of the decision of the police chief notice of decision shall be mailed to the applicant by certified mail, at the address shown on the application.

2. Appeal of Grant or Denial. Any person with a bona fide interest in the proceeding may appeal the decision of the police chief pursuant to Chapter 2.35 SLTCC.

F. Escort Registration.

1. Who Must Register. Every escort shall register with the police chief.

2. Qualifications. An escort shall not be registered unless he or she first furnishes the police chief satisfactory evidence that the applicant is free of any previous criminal convictions or administrative actions material to the permit sought. The police chief may cancel the registration of any escort for cause. Thereafter an escort bureau shall not employ such escort.

G. Employment of Unregistered Escorts Prohibited. An escort bureau shall not hire or employ any escort who is not registered with the police chief.

H. Notification of Personnel Changes. Every escort bureau shall within 24 hours notify the police chief of every change in personnel of escorts.

I. Employment of Persons Under 18 Years of Age Prohibited. A person conducting an escort bureau shall not employ as an escort any person under 18 years of age.

J. Restrictions Concerning Customers Under Age of 18 Years. A person conducting an escort bureau shall not furnish any escort to, or accept employment from, any patron, customer or person to be escorted who is under 18 years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person upon whose behalf the escort service is engaged.

K. Services – Sign Requirements. Every escort bureau shall post in a place clearly visible to a person entering the establishment, and in lettering no less than one-quarter inch, a sign containing the following information:

1. A description of the service available;

2. The price charged for each service.

L. Records of Transactions. Every managing an escort bureau shall keep a record of every transaction showing:

1. The name of each escort employed, furnished or arranged for;

2. The name, address and telephone number of the patron or customer;

3. Such other information as the police chief reasonable requires.

M. Records of Transactions Availability. The records required by subsection (L) of this section shall be kept available by the licensee, open to the inspection of the police chief and of any police officer during regular business hours. The licensee shall deliver it to the police chief upon his reasonable written notice.

N. License Suspension or Revocation Conditions. In addition to other ordinances governing the condition of business licenses in South Lake Tahoe, a license to conduct an escort bureau may be suspended or revoked for the following:

1. That the licensee has been convicted of any criminal offense involving the commission of any lewd or immoral act or any act of prostitution;

2. That the business has been judicially determined, in whole or in part, to be a subterfuge to facilitate or to conceal the conduct of any unlawful or immoral business or practice.

O. Revocation or Suspension of Permit. Any permit issued under this chapter may be suspended or revoked by the police chief or his or her designee after reasonable written notice and hearing. Such suspension or revocation shall be effective immediately. If, after a hearing, the police chief or his or her designee determines that the permittee has been convicted of any material provision of law, or it has been judicially determined that the permittee constitutes a danger to the public health due to communicable disease, or that the permittee has refused any duly authorized city officer or employee the right to inspect the premises during normal business hours. Any such revocation or suspension shall be appealable as set forth in Chapter 2.35 SLTCC.

P. Retroactive Applicability. The provisions of this chapter shall apply to any dating or escort service as defined, whether or not such business was in operation prior to the effective date of the ordinance codified in this chapter; provided, however, that any such existing business shall have a period of 60 calendar days from and after the effective date to comply with the ordinance provisions. (Ord. 683 § 1; Ord. 1105 § 1 (Exh. B). Code 1997 § 18-12.3)

4.70.210 Unlawful acts.

It shall be unlawful for any person, during an emergency, to:

A. Willfully obstruct, hinder or delay any member of an emergency organization in carrying out his duties pursuant of the city of South Lake Tahoe Emergency Preparedness Plan or other emergency services plan adopted for the protection of citizens of this city.

B. Do any act forbidden by any lawful rule or regulation issued pursuant to the city of South Lake Tahoe Emergency Preparedness Plan or other duly adopted emergency services plan.

C. Wear, carry or display, without authority, any means of identification specified by an emergency agency of this city, county, state or federal government. (Ord. 756 § 1. Code 1997 § 18-12.4)

4.70.220 Solicitation of motorists prohibited.

No person shall stand on any public or private parking lot, street, or highway, or any sidewalk or other area adjacent to any parking lot, street or highway and solicit or attempt to solicit employment, business, or contributions from occupants of a vehicle. (Ord. 831 § 1. Code 1997 § 18-12.5)

4.70.230 Riding of skateboards and in-line or roller skates on public property and private property areas open to the public prohibited where clearly posted.

It shall be unlawful for any person to ride, operate or utilize any skateboard, in-line or roller skates or any other similar device in or upon any shopping mall, shopping center, parking lot or other public or private property area open to the public, where signs are posted prohibiting such activities. Such signs shall:

A. Be placed in a conspicuous area(s);

B. Have a dimension of not less than 17 by 22 inches, with lettering of not less than one inch high;

C. State that such activities are prohibited on the property; and

D. Cite the number of the ordinance codified in this section or the city code section.

This section may be enforced by any sworn police officer or private security patrol officer whose training and credentials have been approved by the police department. Violations of this section shall be cited utilizing the city’s administrative notice to appear process, unless cited as a misdemeanor. Only city police officers shall be authorized to issue misdemeanor citations to be processed through the court. (Ord. 873 § 1. Code 1997 § 18-12.6)

4.70.240 Camping on public or private lands.

A. Purpose and Intent. It is the purpose and intent of the city council, in adopting this section, to protect and preserve the health, safety and welfare of the inhabitants of this city by prohibiting camping in areas that cause forest fires and unsanitary conditions.

B. It is unlawful for any person to camp, or to place, erect, or maintain any tents, travel trailers, campers or recreational vehicles, in any public space, public street, or private property without evidence of consent of the property owner, except in areas specifically designated for such use. “Camp” shall mean residing in or using any public space, public street or private property for living accommodation purposes, such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware), or regularly cooking meals, or living, or sleeping, in a parked vehicle, whether or not the engine is running. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person(s) is using a public space, a public street or private property as a living accommodation regardless of his/her intent or the nature of any other activities in which he/she might also be engaging.

For purposes of this section, the following terms shall have the meaning below prescribed:

1. “Public space” means any land, or open space area including meadows and forested areas within the city limits, owned by a public entity.

2. “Public street” means any public right-of-way or public sidewalk including public benches.

3. “Private property” means any property owned by a private individual or entity.

4. “Public entity” means the federal government, any department, division, bureau, board, commission or agency thereof, the state of California, any department, division bureau, board, commission, or agency thereof, El Dorado County, city of South Lake Tahoe, any district, public authority, public agency, or any other political subdivision or public corporation in the state.

C. Any violation of the provisions of this section is deemed a misdemeanor. (Ord. 923. Code 1997 § 18-12.7)

4.70.250 Incorporation of miscellaneous state offenses.

It shall be unlawful and prosecutable either as an infraction or a misdemeanor under the city code for any person to violate those state offenses set forth by separate resolution of the city council. (Ord. 1078 § 1 (Exh. A))