Arvin Municipal Code Art. 4 Additional Nuisance Related Activities

It shall be unlawful for a person to stand or sit idly in or upon any street, alleyway or sidewalk in a manner that hinders or obstructs the passage of persons passing along the same, or stand in or at the entrance of or approach to any church, hall, theater, public place, or public assemblage in any manner to obstruct such entrance or approach.

(Ord. No. 466, § 2, 6-9-2020)

No person shall make in any public place, including but not limited to parks, greenways, landscaping medians, common city spaces, streets, sidewalks and/or alleyways, or suffer to be made on his/her premises or upon the premises under his/her control, any disorder or tumult to the disturbance of the public peace; and no person shall utter in the presence of two (2) or more persons lewd or obscene words or epithets or address to another any words, language, or expressions having a tendency to create a breach of the peace. "Disturbance" and "breach of the peace" mean causing an annoyance or engaging in disorderly conduct or interfering with the peace and order of a neighborhood, community, or meeting.

(Ord. No. 466, § 2, 6-9-2020)

A gathering of five (5) or more persons on any public or private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law shall be considered a nuisance subject to the abatement and cost recovery procedures set forth in this chapter and any other available enforcement mechanisms. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace, litter. In addition to the remedies provided for in this chapter, a gathering constituting a public nuisance may be abated by the city by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable local laws and state statutes.

(Ord. No. 466, § 2, 6-9-2020)

No person, except with legal authorization or authority, shall disturb or interrupt any school procession, funeral or funeral procession, or any lawful procession, church service, or assembly of people.

(Ord. No. 466, § 2, 6-9-2020)

No person shall evacuate their bowels or bladder in any public place, or upon any private property, at a place not provided for that purpose.

(Ord. No. 466, § 2, 6-9-2020)

No person shall bathe or swim in any ditch, canal, river or fountain within the city, unless the area is authorized by the city to be utilized swimming purposes.

(Ord. No. 466, § 2, 6-9-2020)

It is unlawful for any person to operate, conduct, maintain, promote, or participate or engage in any motor vehicle race within the city, unless such race is expressly allowed by city permit or occurs in a facility permitted for such activity. For the purposes of this section, "motor vehicle" shall mean any vehicle which is self-propelled and shall include without limitation any automobile, racing car, motorcycle, or other self-propelled vehicle, whether or not the same is licensed by the state to operate on public streets. "Motor vehicle race" shall mean any race, speed, or other contest involving one (1) or more motor vehicles or in which a motor vehicle is timed for operation over a measured distance.

(Ord. No. 466, § 2, 6-9-2020)

A. Prohibited Acts. It is unlawful for any person who is a member of a criminal street gang, as that term is defined in California Penal Code Section 186.22(f), or who is in the company of or acting in concert with a member of a criminal street gang, to loiter or idle in a public place as defined in this section under any of the following circumstances:

(i) With the intent to publicize a criminal street gang's control or dominance over certain territory in order to intimidate nonmembers of the gang from entering, remaining in, or using the public place or adjacent area.

(ii) With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.

(iii) In such a manner that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable the criminal street gang to establish control or dominance over the public place or adjacent area, to intimidate nonmembers of the gang from entering the public place or adjacent area, or to conceal unlawful activity.

B. Public Place. For purposes of this section, a "public place" means the public way and any other location open to the public, whether publicly or privately owned, including but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment, office building, transport facility, shop, or privately owned place of business to which the public is invited, including any place of amusement, entertainment, or eating place.

"Any public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment.

C. Powers of Law Enforcement Officers Not Limited. Nothing in this section shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention or arrest as such law enforcement officer would be permitted to make in absence of this section.

D. Parental Control. Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits or by insufficient control allows a minor to violate the provisions of this chapter is guilty of a misdemeanor subject to the penalties set forth in this chapter and/or the Arvin Municipal Code, including but not limited to section 1-2.02.

E. Penalties: Notice to Disperse. Any person who violates a provision of this section is guilty of a misdemeanor subject to the penalties set forth in this chapter and/or the Arvin Municipal Code, including but not limited to section 1-2.02. Minors shall be dealt with in accordance with the California Welfare and Institutions Code and in accordance with any policies and procedures established by the city for handling juvenile cases.

Prior to arresting any person or issuing a citation for violating the provisions of this section, the officer shall give the person an opportunity to disperse or remove themselves from the area. If the person does not leave or returns to the area during the following eight (8) hours, the person may be arrested or issued a citation.

The requirement in this section to provide notice to disperse shall in no way be construed to prohibit law enforcement officers from detaining and questioning persons suspected of violating this chapter before issuing the notice to disperse.

(Ord. No. 466, § 2, 6-9-2020)

It shall be unlawful for any person to keep or maintain a public nuisance in the city. For the purposes of this section, public nuisances shall include but not be limited to any of the following:

A. Attractive Nuisance. An attractive nuisance, defined as any condition, instrumentality or machine which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it, whether in a building or on the premises.

B. Conditions Declared a Nuisance by City Council. Any condition declared to be a public nuisance by the city council.

C. Civil Code Section 3480, Nuisance. Acts constituting a public nuisance as defined by Civil Code section 3480.

D. Depreciation of Property Value. Maintenance of property in such condition of deterioration or disrepair that the same causes depreciation of the value of surrounding property or is materially detrimental to nearby properties and improvements.

(Ord. No. 466, § 2, 6-9-2020)

Any violation(s) of the Arvin Municipal Code, emergency order of the director of civil defense and local emergency, or uncodified ordinance enacted by the city council to address a local emergency, shall be a public nuisances subject to provisions of this chapter and shall be considered a nuisance per se.

(Ord. No. 466, § 2, 6-9-2020)