Chapter 9.04 — OFFENSES AGAINST PUBLIC PEACE

A.

Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows:

"Alley" means every way set apart for public travel, except streets, bridle paths, and footpaths.

"City building" means the Arroyo Grande Community Center and Women's Club building, the City Hall, the City Hall Annex, the Council Chambers building, the Parks and Recreation Office building, Municipal Corporation Yard buildings and their respective sites.

"Parking lot" means that area open to the use of the public for the purposes of vehicular parking.

"Parks and recreation facility" means all city-owned parks and recreational facilities.

"Sidewalk" means that portion of a street between the curb lines and the adjacent property lines set aside for pedestrian travel.

"Street" or "highway" means a way or place, of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular traffic.

B.

Alcoholic Beverage Service and Consumption Prohibited in Certain Areas. It is unlawful for any person to serve or consume any alcoholic beverage, as defined in Section 23004 of the Business and Professions Code of the state, upon any street, highway, alley, sidewalk, parking lot, city building, park, or recreational facility within the city. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the state. Service and consumption of alcohol may be permitted at the City of Arroyo Grande Woman's Club and Community Center, South County Historical Society Museum, and Santa Manuela School sites upon issuance of a public safety and welfare permit by the chief of police. Additionally, service and consumption of alcohol may be permitted at Heritage Square Park and in Olohan Alley during times as specified by city council resolution and subject to issuance of a public safety and welfare permit by the chief of police.

C.

No person shall have in his or her possession, in any public place, any open bottle, can or other receptacle containing any alcoholic beverage with the intent to consume any of the contents thereof in any public place not licensed for the consumption of alcoholic beverages in or on said place.

(Ord. 556 §§ 2CC, 3B, 2004; prior code §§ 5-15.01, 5-15.02)

(Ord. No. 632, § 2, 5-24-2011; Ord. No. 666, § 2, 10-14-2014)

It is unlawful to urinate or defecate in a public place open to public view and not intended for such purposes or in or on the property of another without the express permission of the owner, lessee or person otherwise in control or possession of the property.

Violation of this section is a misdemeanor.

This section shall not apply to a business open to the public which has a restroom(s) for the purpose of serving the public.

(Prior code § 6-11.01)

A.

No person shall appear, bathe, sunbathe, walk, dress or undress, or ride in or on any vehicle, or be in any park, playground, public place, or on any public land or on any private property open to view from any public area or public right-of-way in such a manner that the genitals, pubic hair, buttocks, anus, anal regions, natal cleft, perineum, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque opening.

B.

The provisions of this section shall not apply to children under the age of ten (10).

C.

The provisions of this section shall not apply to a woman breastfeeding an infant as permitted by state law.

(Ord. 567 § 3, 2005; Ord. 556 § 3C, 2004)