Auburn Municipal Code Title XIII General Offenses

130 GENERAL OFFENSES

130 GENERAL OFFENSES

130 Display Of Harmful Material To Minors (Sections 130.001-130.006) 130 Spray Paint And Graffiti (Sections 130.020-130.032) 130 Disturbance Call Back Cost Recovery (Sections 130.040-130.004) 130 Trespassing (Sections 130.060-130.063) 130 Curfew Restrictions For Minors (Sections 130.075-130.079) 130 Social Host Accountability (Sections 130.080-130.086) 130 Drinking Intoxicating Liquors In Public Places (Section 130.090) 130 Prohibited In Public Places (Section 130.095) 130 Discharge Of Weapons (Sections 130.100-130.101) 130 Loitering (Sections 130.110-130.131) 130 Minor Possession Of Tobacco Products (Sections 130.140-130.141) 130 Responsible Property Owner (Sections 130.200-130.999)

130 Display Of Harmful Material To Minors (Sections 130.001-130.006)

1. This subchapter is enacted pursuant to the authority conferred by Cal. Penal Code § 313.1(d).

2. The city hereby finds that the display or exhibition to minors of harmful matter as defined by Cal. Penal Code § 313 threatens the morals and character of the youth of the city.

3. 1. It is the intent of this subchapter to require business establishments open to members of the general public to either prevent minors from entering certain areas or shield harmful matter which minors may see with "blinder racks" in the manner prescribed by this subchapter.

   2. It is also the purpose of this subchapter to require "blinder racks" shielding from view harmful matter which may be viewed by minors from public property.

(1973 Code, 5-22.01) (Ord. 91-13, eff. 10-16-1991)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BLINDER RACKS . Any opaque item or device which rests on or in front of harmful matter in such a way that the lower 2/3 of the matter is not exposed to view.

BUSINESS ESTABLISHMENT . Any indoor or outdoor commercial enterprise which distributes or exhibits harmful matter in a way that the harmful matter can be viewed by patrons inside the enterprise or from public property.

HARMFUL MATTER . The same meaning as that term is defined in Cal. Penal Code § 313(a), as that section may hereafter be amended.

MINOR . Any person who is under the age of 13 years.

NEWSRACK or VENDING DEVICE . A privately-owned mechanism which is located upon public property or located on private property within a business establishment in a manner that the contents can be viewed by members of the general public and contains harmful matter which can be seen by minors on public property.

PUBLIC PROPERTY . Any sidewalk, pathway or street which is opened to and traveled or utilized by members of the general public whether legal title thereto is privately held or vested in a public agency, including, but not limited to common areas in shopping malls frequented by patrons to gain access to retail enterprises and parks, land or buildings operated by or in which a public agency possesses a property interest, which are open to members of the general public.

(1973 Code, 5-22.02) (Ord. 91-13, eff. 10-16-1991)

1. It shall be unlawful for any person to own, operate or maintain any business establishment within the city to which members of the general public are admitted, unless at the time any minor is within the establishment blinder racks are placed in front of all harmful matter subject to view by patrons.

2. The provisions of this section shall not be construed to require placement of blinder racks in front of harmful matter displayed within a separate room or partitioned area within the interior of a business establishment frequented by minors when a matter cannot be viewed from other areas of the establishment, unless the minors enter the separate room or partitioned area where that matter is displayed.

(1973 Code, 5-22.03) (Ord. 91-13, eff. 10-16-1991) Penalty, see § 130.999

It shall be unlawful for any person to own, operate or maintain a newsrack or vending device within the city, unless blinder racks are placed in front of harmful matter thereon on contained therein.

(1973 Code, 5-22.04) (Ord. 91-13, eff. 10-16-1991) Penalty, see § 130.999

It shall be unlawful for any person who owns, operates or maintains a business establishment within the city to place harmful matter in a display window within the establishment in a way that the harmful matter can be viewed by members of the general public from public property unless blinder racks are placed in front of the harmful matter.

(1973 Code, 5-22.05) (Ord. 91-13, eff. 10-16-1991) Penalty, see § 130.999

Pursuant to the provisions of Cal. Gov't Code § 36900, violation of any of the provisions of this subchapter shall constitute an infraction.

(1973 Code, 5-22.06) (Ord. 91-13, eff. 10-16-1991)

130 Spray Paint And Graffiti (Sections 130.020-130.032) 130.020 Purpose 130.021 Definitions 130.022 Graffiti Prohibited 130.023 Possession Of Aerosol Spray Paint Cans By Minors Prohibited 130.024 Sale Of Aerosol Spray Paint Cans To Minors Prohibited 130.025 Signs To Be Posted In Retail Establishments 130.026 Declared Nuisance 130.027 Council To Determine Costs 130.028 Authority To Remove 130.029 Form Of Notice To Remove; Notice Of Intention To Abate 130.030 Public Hearing And Appeal 130.031 Appeal From Assessment 130.032 Treble Damage

Aerosol spray paint cans are currently being used as a means of defacing public and private property, resulting in the creation of unsightly graffiti. Graffiti reduces property values, encourages blight and frequently becomes a forum for gang-related, potentially criminal activities. In order to assist law enforcement personnel in dealing with this growing problem, the City Council deems it necessary and appropriate to regulate the use and possession of aerosol spray paint cans and the application of graffiti, and to provide for the abatement of graffiti.

(1973 Code, § 5-21.01) (Ord. 90-15, eff. 1-9-1991)

Statutory reference:

Municipal authority, see Cal. Penal Code § 594.5

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GRAFFITI . The intentional spraying of paint or marking of paint, ink, chalk, dye or other similar substances upon private or public property without permission of the owner of the property.

(1973 Code, § 5-21.02) (Ord. 90-15, eff. 1-9-1991)

It is unlawful for any person to intentionally place graffiti upon any private or public property. A mistake as to the private property owner's identity shall not be a defense to a violation of this section.

(1973 Code, § 5-21.03) (Ord. 90-15, eff. 1-9-1991) Penalty, see § 130.999

1. It is unlawful for any minor person under the age of 18 to have in their possession any aerosol spray can containing any substance commonly known as paint, while upon any public highway, street, alleyway, park playground, swimming pool or other public place, whether the minor is or is not in any automobile, vehicle or other conveyance.

2. This section shall not apply if the minor is in possession of an aerosol spray can in order to perform a task as directed by the minor's parent, guardian, instructor or employer, and if that task would not be a violation of this subchapter if conducted by an adult.

(1973 Code, § 5-21.04) (Ord. 90-15, eff. 1-9-1991) Penalty, see § 130.999

It is unlawful for any person to sell to a minor any aerosol spray can containing any substance commonly known as paint. This section shall not apply to the furnishing of 6 ounces or less of an aerosol container of paint for the minor's use or possession under the supervision of the minor's parent, guardian, instructor or employer.

(1973 Code, § 5-21.05) (Ord. 90-15, eff. 1-9-1991) Penalty, see § 130.999

1. A sign not smaller than 8-1/2 inches by 11 inches shall be prominently displayed in all retail establishments which offer for sale to the public, paint in aerosol cans. The lettering on the signs is to be at least 3/8 inches high.

2. These signs shall read as follows:

"Possession by or sale to a minor of an aerosol spray can containing paint is unlawful."

Auburn Municipal Code §§ 130.023 and 130.024 and Cal. Penal Code § 594.1.

(1973 Code, § 5-21.06) (Ord. 90-15, eff. 1-9-1991)

The City Council makes the following findings and declarations.

1. Graffiti on private or public property creates a condition tending to reduce the value of private and public property, to promote blight and deterioration, to reflect badly on the community and to be injurious to the health, safety and general welfare.

2. Furthermore, graffiti has been used as a forum for gang-related activities in some cities and can lead to an increase in crime. Therefore, the presence of graffiti on private or public property is declared to constitute a public nuisance which may be abated as such in accordance with provisions of this subchapter or any other applicable provision of law.

(1973 Code, § 5-21.08) (Ord. 90-15, eff. 1-9-1991)

The City Council shall, from time to time, determine and fix an amount to be assessed as administrative costs excluding the actual cost of removal of the graffiti.

(1973 Code, § 5-21.09) (Ord. 90-15, eff. 1-9-1991)

Upon discovering the existence of graffiti on private or public property within the city, the Police Chief shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this subchapter.

(1973 Code, § 5-21.10) (Ord. 90-15, eff. 1-9-1991)

1. A 10-day notice of intention to abate and remove the graffiti shall be mailed by registered or certified mail to the owners of the property and to any individuals who have violated § 130.026. The notice shall advise that if the graffiti is not removed within the time frame set forth in the notice, the city shall remove the graffiti and assess the costs to the property owner and/or the individuals responsible. If a responsible individual is a minor, costs shall be assessed to the parents or guardians of the minor.

2. However, if consent to remove the graffiti is provided to the city by the owner, within 10 days of the mailing of the notice, the city shall paint over the graffiti at no cost to the owner. In those instances where painting over graffiti would not be desirable, the property owner may choose another means to remove the graffiti at the property owner's expense.

3. The notices shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE GRAFFITI Re: Graffiti at (address)

As owner shown on the last equalized assessment roll of the land located at ________________, you are hereby notified that pursuant to §§ 130.020 et seq . of the Auburn Municipal Code the undersigned has determined that here exists upon said land certain graffiti which constitutes a public nuisance pursuant to the provisions of § 130.026 of the Auburn Municipal Code.

The City of Auburn desires to remove the graffiti as quickly as possible. If the owner, or any person so authorized by the owner, provides the city with written consent to remove the graffiti, the city will remove the graffiti at no expense to you as the owner. However, if such written consent is not received within ten (10) days of mailing of this letter, the graffiti will be abated as described below.

You are hereby notified to abate the nuisance or authorize the city to abate the nuisance by removing the graffiti within ten (10) days from the date of mailing of this notice and upon your failure to do so the same will be abated and removed by the City of Auburn. The cost of removal, together with administrative costs, will be assessed to you as owner of the land on which the graffiti is located.

As owner of the land on which the graffiti is located you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a hearing by the Chief of Police within such ten (10) day period.

You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of said graffiti with your reasons for denial and such statement shall be construed as a request for hearing.

You may appear in person at any hearing requested by you or any other responsible party or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing. If no request for a hearing is received, the Chief of Police shall have the authority to abate and remove the graffiti and assess the costs without a hearing.

Notice mailed ____________________

Chief of Police City of Auburn _____________________

NOTICE OF INTENTION TO ABATE AND REMOVE GRAFFITI Re: Graffiti at (address)

As the person responsible for the Graffiti located at ________________, you are hereby notified that pursuant to § 130.020 et seq . of the Auburn Municipal Code the undersigned has determined that said graffiti constitutes a public nuisance pursuant to the provisions of § 130.026. You are hereby notified to abate the nuisance by removal of the graffiti within ten (10) days of the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City of Auburn and the costs thereof, together with administrative costs will be assessed to you as the person responsible for the graffiti. If you are a minor, costs may be assessed to your parents or guardians.

As the person responsible for the graffiti, you are hereby notified that you may within ten (10) days of the mailing of this notice of intention request a hearing. If such request is not received by the Chief of Police within this ten (10) day period, the Chief of Police shall have the authority to abate and remove said graffiti without a hearing.

Notice mailed ____________________

Chief of Police City of Auburn _____________________

(1973 Code, § 5-21.11) (Ord. 90-15, eff. 1-9-1991)

1. Upon written request by the owner of the property or any violator of § 130.026 received by the Chief of Police within 10 days of the mailing of the notices of an intention to abate and remove the graffiti, a hearing shall be held by the Chief of Police or his or her designee on the question of the cost of abatement. Those individuals to whom notice has been sent may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the graffiti.

2. Following the hearing the Chief of Police shall make written findings of fact showing whether the graffiti tends to reduce the value of private property to promote blight and deterioration and be injurious to the health, safety and general welfare. The written findings of fact shall be the basis for the decision of the Chief of Police.

3. Appeal from any decision of the Chief of Police may be made in writing to the City Council within 10 calendar days from the Chief of Police's action. Within the same 10-day period, the appellant shall pay a non-refundable fee of $75.

(1973 Code, § 5-21.12) (Ord. 90-15, eff. 1-9-1991)

1. Assessments made to a property owner for abatement of graffiti may be reviewed by the Chief of Police at the property owner's request. The review shall be for the sole purpose of determining the property owner's ability to respond during the 10-day notice period.

2. If the Chief of Police or his or her designee determines that the property owner was unable to respond within the 10- day notice period, the costs may be waived.

(1973 Code, § 5-21.13) (Ord. 90-15, eff. 1-9-1991)

Upon entry of a second or subsequent civil or criminal judgment within a 2-year period fording that any person is responsible for the unlawful application of graffiti, a fine in the amount of 3 times the cost of abatement shall be paid by the violator(s).

(1973 Code, § 5-21.14) (Ord. 90-15, eff. 1-9-1991)

130 Disturbance Call Back Cost Recovery (Sections 130.040-130.004)

The city finds and determines police officers, in response to complaints, are often required to make several return trips to a location of a disturbance causing loud and unreasonable noise in order to disperse uncooperative participants. The return of police officers to a location constitutes a drain of personnel and resources often leaving other areas of the city without minimal levels of police protection. This creates a significant hazard to the safety of the police officers and to the public in general.

(Ord. 17-10, eff. 8-22-2017)

For the purposes of this subchapter, the following definitions shalt apply:

COST OF POLICE SERVICES . Includes the salaries of the responding police officers, at the salary then in effect for each classification of each individual officer, for the amount of time actually spent in responding to or remaining at the disturbance; appropriate overhead; the actual cost of any medical treatment to injured officers; and the cost of repairing any damaged city equipment or property.

DISTURBANCE . Shall include parties, gatherings, and any other activities causing loud and unreasonable noise so as to constitute a threat to the peace, health, safety, or general welfare of the public.

PERSON RESPONSIBLE FOR THE DISTURBANCE or RESPONSIBLE PERSON . The person

causing the disturbance, the person who owns or is in charge of the property where the disturbance takes place, and the person who organized the event or activity causing the disturbance. If the person responsible for the disturbance is a minor, then the parents or guardians of that minor wilt be jointly and severally liable for the costs incurred for police services.

(Ord. 17-10, eff. 8-22-2017)

1. When police personnel respond to any location due to a disturbance, the responding officers may issue a written warning to the responsible person. The notice shall state that if police department personnel are required to return to the same location within the following 12-hour period because of similar or continuing disturbances, such further response shall constitute special security services. Further, this warning shall state that the responsible person may be charged for the cost of providing such special security services. The warning shall be offered for signature to the responsible person. The warning shall be signed by the responsible person, or, if the responsible person refuses to sign, the words "refused to sign" shall be entered on the warning acknowledging receipt of the warning. A copy of the warning shall be left with the responsible person.

2. If a second or subsequent response is required, police department personnel shall have the responsible person sign a second response voucher. If issued a second response voucher, the responsible person shall be charged for the cost of police services and any medical treatment and damages to equipment. If the responsible person refuses to sign the voucher, the words "refused to sign" shall be entered on the voucher acknowledging the occurrence of the second response. A copy of the voucher shall be left with the responsible person.

(Ord. 17-10, eff. 8-22-2017)

The cost of police services charged to persons responsible for a disturbance under this subchapter shall be calculated using the cost reasonably borne to provide the service and actual cost of medical treatment and damages to equipment. The amount charged shall be deemed a debt to the city of the person(s) responsible for the disturbance and, if minors, their parents or guardians. Any person owing money shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney fees.

(Ord. 17-10, eff. 8-22-2017)

Nothing in the adoption or administration of this subchapter shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution for any violation of the provisions of this code or any state law arising out of the same circumstances necessitating the application of this subchapter.

(Ord. 17-10, eff. 8-22-2017)

130 Trespassing (Sections 130.060-130.063) 130.060 City Parking Lots 130.061 Notices 130.062 Private Commercial Properties

It shall be unlawful for any person to occupy, drive or park a motor vehicle upon any real property owned by the city between the hours of 12:01 a.m. and 5:00 a.m. during any day; provided, the real property is designated as a city parking lot and has been posted with notice thereof.

(1973 Code, § 5-13.01) (Ord. 479, eff. - -; Am. Ord. 775, eff. 10-13-1982) Penalty, see § 130.999

The City Manager shall post notices at least 18 inches in size and at 2 conspicuous places on each city parking lot designating the parking lots as unlawful for the occupancy, driving or parking of motor vehicles between the hours of 12:01 a.m. and 5:00 a.m. of each day as provided in § 130.060.

(1973 Code, § 5-13.02) (Ord. 479, eff. - -; Am. Ord. 775, eff. 10-13-1982)

1. Any person who enters upon private commercial property which is open to the public, including any contiguous land, real property or structures thereon belonging to the same owner, and who remains thereon, after being notified by either the owner, owner's agent or lessee to leave the property, shall be guilty of an infraction.

2. Any person, without permission, express or implied, of the owner, owner's agent or lessee, who enters upon the private or business premises after having been notified by the owner, owner's agent or lessee to keep off or keep away shall be guilty of an infraction.

(1973 Code, § 5-13.03) (Ord. 95-16, eff. 1-27-1995)

It is unlawful for persons to loiter in city-owned parks or parking lots between dusk and dawn and to remain therein after being requested to leave by a police officer.

(1973 Code, § 5-13.04) (Ord. 00-2, eff. 4-12-2000) Penalty, see § 130.999

130 Curfew Restrictions For Minors (Sections 130.075-130.079)

1. It is the intent of this section to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public and for the reduction of the incidence of juvenile criminal activities.

2. However, it is not the purpose of this section to prohibit otherwise lawful activity nor infringe legally protected rights of minors and parents.

(1973 Code, § 5-6.01) (Ord. 98-2, eff. 5-27-1998)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CURFEW HOURS . The period from 10:00 p.m., any night, until 6:00 a.m. the following morning.

EMERGENCY . Unforeseen circumstance or a situation that calls for immediate action. The term includes, but is not limited to an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent injury or loss of life.

ESTABLISHMENT . 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.

GUARDIAN .

1. A person who, under court order, is the guardian of the minor; or

2. A public or private agency with whom the minor has been placed by the court.

MINOR . Any person under 18 years of age.

OPERATOR . Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.

PARENT . A person who is the natural parent, adoptive parent or step-parent of a minor.

PUBLIC PLACE . Any place to which the public or a substantial group of the public has access, and includes, but is not limited to streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

REMAIN .

1. To 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.

RESPONSIBLE ADULT . A person at least 18 years of age and authorized by a parent or guardian to have care and custody of a minor.

(1973 Code, § 5-6.02) (Ord. 98-2, eff. 5-27-1998)

It is unlawful for any minor to remain in any public place or on the premises of any establishment within the city during curfew hours, unless accompanied by his or her parent, guardian or responsible adult.

(1973 Code, § 5-6.03) (Ord. 98-2, eff. 5-27-1998) Penalty, see § 130.999

It shall not be a violation of the curfew established in § 130.077 if a minor is:

1. On an errand at the direction of his or her parent, guardian or responsible adult, without detour or delay;

2. Involved in an activity with the permission of his or her parent, guardian or responsible adult; examples include, but are not limited to:

   1. Social activity or meeting organized by adults;

   2. Movie theater;

   3. Eating establishment;

   4. Recreational or sports activity;

   5. Educational activity;

   6. Astronomical activity;

   7. Dance; and

   8. Audition or interview.

3. Responding to an emergency situation;

4. In a motor vehicle while engaged in intrastate or interstate travel;

5. Engaged in employment as required by some legitimate business trade, profession, newspaper route, or occupation or going to or returning home from employment, without detour or delay;

6. On the sidewalk adjacent to the minor's residence with the permission of his or her parent, guardian or responsible adult;

7. Returning directly home without detour or delay by vehicle, public transportation, bicycle, walking or any other form of transportation;

8. Traveling to another residence with the permission of the minor's parent, guardian or responsible adult, without detour or delay;

9. Present at, or traveling to/from without detour or delay, any religious, expressive or associative activity protected by the First Amendment;

10. Married pursuant to law; and/or

11. Emancipated pursuant to law.

(1973 Code, § 5-6.04) (Ord. 98-2, eff. 5-27-1998)

Before taking any enforcement action under this subchapter, 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 this subchapter unless the officer reasonably believes an offense has occurred, and based upon the minor's response and other circumstances, no exception under this subchapter appears present or applicable.

(1973 Code, § 5-6.05) (Ord. 98-2, eff. 5-27-1998)

130 Social Host Accountability (Sections 130.080-130.086)

1. The purpose of this subchapter is to protect the public health, safety, and general welfare of people and premises in the city, including the quiet enjoyment of property, by enhancing the ability of law enforcement to deter the consumption of alcohol, marijuana or other controlled substances by minors and to hold adult, minor, or juvenile hosts accountable for ensuring minors are not consuming alcoholic beverages, marijuana, or other controlled substances.

2. Instances of large parties and disturbances both at rental facilities and private homes often disturb the public peace, safety, and welfare of members of the community. These incidents can also jeopardize the welfare and safety of those in attendance due to assaultive and/or destructive behavior.

(Ord. 17-10, eff. 8-22-2017)

The words and phrases used in this subchapter have the meanings set forth in this section.

ALCOHOL . Shall have the same meaning as in California Business and Professions Code § 23003 or any successor section.

ALCOHOLIC BEVERAGE . Shall have the same meaning as in California Business and Professions Code § 23004 or any successor section.

CONTROLLED SUBSTANCE . A drug or substance whose possession and use are regulated under the California Controlled Substances Act (Health and Safety Code § 11000 et seq.). Such term does not include any drug or substance for which the individual found to have consumed or possessed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

GATHERING . A party, or event, where a group of three or more underage persons have assembled or are assembling for a social occasion or social activity.

JUVENILE . Any person under 18 years of age.

LEGAL GUARDIAN .

1. A person who, under court order, is the guardian of a minor; or

2. A public or private agency with whom a minor has been placed by the court.

MINOR . Any person less than 21 years of age as defined by California Business and Professions Code § 25662.

PARENT . A person who is a natural parent, adoptive parent, foster parent, or step-parent of a minor.

PREMISES . Any non-publicly owned place, land or building used for habitation or social events.

SOCIAL HOST . Any person having ownership or control of a premises, or is responsible for organizing a gathering, who knowingly permits or allows, tacitly or otherwise, a gathering or unruly gathering, as those terms are defined in this section, to occur on private property.

UNRULY GATHERING . A party, event or gathering where two or more underage persons are present at a residence or other private property in which alcoholic beverages are being consumed or possessed by any minor and upon which unruly conduct occurs. Illustrative of such unruly conduct is excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption

of alcohol or alcoholic beverages, assaults, batteries, fights, domestic violence or other disturbances of peace, vandalism, litter, and any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare.

(Ord. 17-10, eff. 8-22-2017)

1. Except as permitted by state law, it is unlawful for any person having ownership or control of any premises, or who is responsible for a gathering or unruly gathering, to host, knowingly permit, or allow, tacitly or otherwise, a gathering to take place at said premises, where at least one minor possesses or consumes an alcoholic beverage, marijuana or other controlled substance whenever the person having ownership or control of the premises either knew, or reasonably should have known, that a minor possessed or consumed an alcoholic beverage, marijuana or other controlled substance.

2. Except as provided in below, whenever a person having ownership or control of a premises is on the premises and permits or allows a minor to possess or consume any alcoholic beverage, marijuana or controlled substance thereon, it shall be prima facie evidence that such person had the requisite knowledge specified in division (A).

3. A social host shall be deemed to have constructive knowledge that a minor has consumed or possessed alcoholic beverages, marijuana or controlled substances if the social host did not take reasonable steps to prevent the consumption or possession of alcoholic beverages, marijuana and controlled substances by minors.

4. A social host shall not be in violation of this section if he or she seeks immediate assistance from any law enforcement agency to remove any person who refuses to abide by the social hosts' performance of the duties imposed by this subchapter, or to terminate the gathering because the social host has been unable to prevent minors from consuming or possessing alcoholic beverages, marijuana or other controlled substances despite having taken reasonable steps to do so. A social host shall not be in violation of this section if he or she seeks medical assistance to provide care for a person in immediate danger due to the accidental or intentional overdose of alcohol or a controlled substance.

5. When law enforcement or other emergency response providers respond to a gathering at which a minor has consumed or is consuming alcoholic beverages or a controlled substance, all social hosts shall be jointly and severally liable.

6. This section shall not apply to any location or place regulated by the California Department of Alcoholic Beverage Control.

7. This section shall not apply to a parent or legal guardian who provides an alcoholic beverage at a family gathering to a minor under the parent or legal guardian's care or to any person who provides an alcoholic beverage to a minor as part of a legally protected religious activity.

(Ord. 17-10, eff. 8-22-2017)

It shall be unlawful and a public nuisance to host, permit, or allow, tacitly or otherwise, an unruly gathering on any private property.

(Ord. 17-10, eff. 8-22-2017)

1. Any person found to be in violation of any provision of this subchapter shall be subject to administrative enforcement as set forth in § 10.80 et seq. The enforcement officers for this subchapter shall be city police officers and code enforcement officers.

2. The civil penalty for any violation of this subchapter shall be a fine of up to $1,000 per occurrence.

3. The civil fine prescribed does not preclude liability for public safety response costs assessed pursuant to this code.

4. If the social host is a juvenile, the parents or legal guardians of the juvenile shall be responsible for the civil penalty imposed under this section.

5. The responsible person may perform 24 hours of community service and pay city administrative fees, if any, as an alternative to paying the civil penalty with the prior written consent and approval of the Chief of Police or his or her designee.

6. The parents or guardians of a juvenile found to have hosted a gathering in violation of this subchapter may also request to have that juvenile serve the required hours of community service as described in division (E), above, and pay city administrative fees, if any, as an alternative penalty to paying the applicable civil penalty.

7. The Chief of Police or his or her designee shall retain the discretion to approve the community service requested by the responsible person. Upon approval of the Chief of Police or his or her designee to perform community service, the responsible person shall complete the required hours within 1 year of approval, and shall submit proof of completion to the Chief of Police or his or her designee. Failure to receive approval to perform community service or failure to complete the required hours of service shall result in imposition of the applicable civil penalty, which is immediately payable. No reduction in the penalty is authorized for completion of less than the required hours of community service as set forth in division (E) unless approved by the City Manager or his or her designee.

8. Community service will only be approved for the first citation issued within a one-year period. Subsequent violations within one year from the first violation will be subject to civil penalties.

(Ord. 17-10, eff. 8-22-2017; Am. Ord. 18-07, passed 6-9-2018)

The Chief of Police or his or her designee may adopt administrative rules and regulations which are consistent with the provisions of this subchapter for the purpose of implementing the same.

(Ord. 17-10, eff. 8-22-2017; Am. Ord. 18-07, passed 6-9-2018)

Nothing in the adoption or administration of this subchapter shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution for any violation of the provisions of this code or any state law arising out of the same circumstances necessitating the application of this subchapter.

(Ord. 17-10, eff. 8-22-2017)

130 Drinking Intoxicating Liquors In Public Places (Section 130.090)

1. Definitions . For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALCOHOLIC BEVERAGE . Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine, beer, and which contains one-half of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

CONSUMPTION OF ALCOHOLIC BEVERAGES . "Consumption of alcoholic beverages" and/or the phrase "consume an alcoholic beverage" means the drinking or other ingestion of an alcoholic beverage.

OPEN CONTAINER OF ALCOHOLIC BEVERAGES . A bottle, can, or other receptacle which contains alcoholic beverages and has been opened, or a seal broken, or the contents partially removed.

2. Prohibition on the possession and consumption of alcoholic beverages . It shall be unlawful for any person to possess an open container of an alcoholic beverage or to consume an alcoholic beverage upon any of the following properties within the city:

3. Upon any public street, sidewalk, alley, parking lot, or other property which is owned by or leased to the city and open to the members of the general public, except within the boundaries of an entertainment zone established pursuant to Chapter 124 of this Code and only if purchased from a business that has a permit authorizing the sale of alcoholic beverages in compliance with the conditions and operating standards set forth therein; or

4. Upon any private parking lot which is located on property used for commercial purposes, except where the owner or other person entitled to the possession of the parking lot has given his or her prior consent to the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage with such private parking lot.

5. Consumption of alcoholic beverages - minors . It is unlawful for any person under the age of 21 to drink, consume, transport, convey or possess an alcoholic beverage on private property open to public view.

6. Exceptions . The provisions of this section may be waived by prior city approval and approved street closure and/or encroachment permit.

7. Violations . Any violation of this section constitutes a misdemeanor and is punishable by a fine of $1,000 or imprisonment in the county jail for a period not to exceed 1 year.

(1973 Code, § 4-6.01) (Ord. 680, eff. 3-24-1976; Am. Ord. 05-1, eff. 2-14-2005)

HISTORY

Amended by Ord. 25-06 on 10/27/2025 130 Prohibited In Public Places (Section 130.095) 130.095 Urinating Or Defecation In Public

No person shall urinate or defecate in or upon any public street, sidewalk, alley, plaza, public building or other publicly maintained facility or place, or in any place open to the public or exposed to public view, except when using a urinal, toilet or commode located in a restroom, or when using a portable or temporary toilet or other

facility designed for the sanitary disposal of human waste and which is enclosed from public view.

(Ord. 05-2, eff. 2-14-2005)

130 Discharge Of Weapons (Sections 130.100-130.101)

It shall be unlawful for any person, without a permit issued by the Chief of Police, to discharge within the city, any pistol, rifle, shotgun, air gun or any other instrument or weapon of any kind, character or description which throws or projects any missile of any kind by means of any explosive substance or by the elastic force of air.

(1973 Code, § 4-5.01) (Ord. 679, eff. 3-24-1976) Penalty, see § 130.999

Any person desirous of a permit shall make an application therefor in writing to the Chief of Police in advance of any intended discharge of a weapon within the city. The Chief of Police shall promptly investigate the circumstances and grant or deny the permit, depending upon whether or not he or she concludes that the safety of persons within the city may be adversely affected thereby, as well as the applicant's past history and experience in the use of weapons. The Chief of Police shall have the power in his or her discretion to grant or deny the application, subject to the reasonable conditions, if any, as he shall prescribe. The decision of the Chief of Police may be appealed within 5 days therefrom to the Council.

(1973 Code, § 4-5.02) (Ord. 679, eff. 3-24-1976)

130 Loitering (Sections 130.110-130.131)

1. As used in this section, to LOITER means to enter and remain on any public or private premises under such circumstances that a reasonable person would conclude that the person who has entered and remained on such premises:

   1. Has no legitimate purpose connected with the business or activity of the legal occupant of the premises; and

   2. Has no bona fide intent to exercise a constitutional right.

   3. It is unlawful for any person to loiter within the incorporated area of the city. A violation of this section is punishable under Auburn Municipal Code Chapter 10.

   4. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws regarding conduct within the scope of this chapter.

• (Ord. 18-13, passed 10-8-2018)

No person shall bathe in the waters of any lake, pond, pool, fountain, creek, river, public restroom, fountain, or other water within or on any City parks or recreational areas or any water within the City; wash any clothing, cooking utensil, or other personal property in any such waters; or throw into or deposit any dirt, filth, or foreign matter in any such waters, or in like manner pollute the same; provided, however, that nothing in this section prohibits the use of waters in accordance with law, park rules and regulations or ordinances, or other rules and regulations or ordinances authorizing or prescribing the use thereof.

HISTORY

Adopted by Ord. 19-04 on 7/8/2019 130.130 Public Nudity

It shall be unlawful and a public nuisance for any person to appear nude in any place open to the public or visible from a public vantage point. For the purposes of this chapter, “nude” means the absence of an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region of any person or any portion of the breast at or below the areola thereof of any female person.

HISTORY

Adopted by Ord. 19-04 on 7/8/2019 130.131 Exceptions

Section 130.130 of this code does not apply to:

(A) Any person 10 years or younger.

(B) Any female exposing her breast to the extent necessary to breast-feed a child.

(C) A theatre, concert hall or other similar establishment which is primarily devoted to theatrical performances. The phrase “theatre, concert hall or other similar establishment which is primarily devoted to theatrical performances” means a building, room, hall or other place within the City, having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage upon which the theatrical, vaudeville or similar performances are given, in which the serving of food or beverages or both is clearly incidental to such performances, and which is otherwise permitted and in conformance with all other provisions of this code.

(D) Any acts authorized or prohibited by federal or state law.

HISTORY

Adopted by Ord. 19-04 on 7/8/2019

130 Minor Possession Of Tobacco Products (Sections 130.140-130.141) 130.140 Possession By And Transfer To Minors Of Tobacco Products

(A) It is unlawful for any person under 21 years of age to purchase or possess tobacco products.

(B) In accordance with Business and Professions Code section 22958, the Chief of Police or designee may assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 21 years of age, any tobacco, cigarette, cigarette papers, any other instrument or paraphernalia that is designated for the smoking or ingestion of tobacco, tobacco products, or any controlled substance.

(C) For the purposes of this section, “tobacco products” has the same meaning as that term is defined in section 122.01 of this code.

(D) This section does not apply to the purchase, receipt or possession of any tobacco products by active duty military who are 18 years of age or older, or transfer of tobacco products to active duty military who are 18 years of age or older. For active duty military, an identification card issued by the United States Armed Forces shall be used as proof of age for this purpose.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 130.141 Administrative Enforcement And Penalties For Violations

(A) Any person found in violation of section 130.140 of this code shall be subject to enforcement as set forth in chapter 10 of this code. If the person found in violation of section 130.140 of this code is under 18 years of age, the parent(s) or legal guardian(s) of the person shall be jointly and severally responsible for any administrative fine or penalty imposed under this section.

(B) With written consent of the Chief of Police or his or her designee, a cited person may, as an alternative to an administrative fine or penalty imposed under this section, perform twenty-four hours of community service and pay any administrative fees.

(C) The Chief of Police or his or her designee shall retain the discretion to approve the community service requested by the responsible person. Upon approval of the Chief of Police or his or her designee to perform community service, the responsible person shall complete the required hours within one year of approval and shall submit proof of completion to the Chief of Police or his or her designee. Failure to receive approval to perform community service or failure to complete the required hours of service within the time required shall result in imposition of the applicable administrative fine or penalty, which is immediately due and payable at that time. No reduction in the fine or penalty is authorized for completion of less than the required hours of community service as set forth in subdivision (B) unless approved by the Chief of Police or his or her designee.

(D) Community service will only be approved for the first citation issued within a one-year period. Subsequent violations within one year from the first violation will be subject to administrative fines and/or penalties.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 130 Responsible Property Owner (Sections 130.200-130.999) 130.200 Purpose 130.201 Definitions 130.202 Scope Of Application 130.203 Dual Responsibility

The purpose of this subchapter is to provide administrative and civil remedies against property owners who permit, allow, or fail to prevent ongoing behaviors and activities occurring on their properties that compromise public health, safety and welfare. It is not the purpose of this subchapter to subject property owners to any legal liability resulting from a tenant's actions occurring away from the owner's property.

(Ord. 18-08, passed 7-9-2018)

The following words and phrases, when used in this subchapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning:

CHIEF OF POLICE . The City of Auburn Chief of Police or his or her designee.

CITY . The City of Auburn.

DRUG RELATED NUISANCE . Any activity related to the possession, sale, use, or manufacturing of an illegal drug or narcotic that creates an unreasonable interference with the comfortable enjoyment of life, property, or the safety and welfare of the residents of the property, the neighborhood, or the public. These activities include, but are not limited to, any activity commonly associated with illegal drug use and dealing, such as noise, steady foot and vehicle traffic day and night to a particular property, possession of weapons, drug loitering (as defined in Cal. Health and Safety Code § 11532), possession of stolen property, identity theft, possession of property with serial numbers removed, evidence of forgery or fraud, or other drug related activities.

GANG RELATED CRIME . Any crime motivated by gang membership in which the perpetrator, victim, or intended victim is a known member of a gang.

ILLEGAL FIREWORKS . Fireworks, the possession or discharge of which is a violation of federal, state, or local law including, but not limited to, a violation of the Placer County Code and/or this code.

OWNER and PROPERTY OWNER . Have the same meaning and may be used interchangeably and shall mean the owner or owners of record of the subject real property as shown on the latest equalized tax assessment roll of Nevada County or as otherwise actually known to the Chief of Police.

PERSON . Individual(s), corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.

REAL PROPERTY or PROPERTY . Have the same meaning and may be used interchangeably and shall mean the lot or parcel of land for which the owner has legal ownership or exercises custody or control thereof.

SAFETY VIOLATION . Those activities set forth in § 130.206.

TENANT . That person(s), visitor(s), or transient(s) utilizing, leasing, residing at, or occupying the real property in question regardless of whether a lease or contract exists between the parties; such occupancy may last for any limited period of time.

VERIFIABLE SAFETY VIOLATION . Means:

1. A safety violation observed by a peace officer, as peace officer is defined in the California Penal Code;

2. A call for law enforcement service to the Police Department by a known person who is identifiable, and provides information to support the existence of a safety violation; or

3. A call for service to the Police Department by an unknown person if the event is substantiated by an identifiable witness or peace officer, as defined by the Cal. Penal Code.

(Ord. 18-08, passed 7-9-2018)

HISTORY

Amended by Ord. 22-03 on 10/24/2022

1. The provisions of this subchapter shall apply to all real property whether owner occupied or a rental property, whether residential, commercial, industrial, improved, or unimproved, throughout the city wherein any of the safety violations are found to exist.

2. A criminal conviction is not required for establishing the occurrence of a safety violation pursuant to this subchapter.

3. The remedies set forth in this subchapter are cumulative and additional to any and all other legal remedies available whether set forth elsewhere in this code, or any applicable, state or federal laws, rules or regulations.

(Ord. 18-08, passed 7-9-2018)

1. Every person owning, possessing, or having charge or control of real property within the city is required to manage that property and control the environment thereon in a manner so as not to violate the provisions of this subchapter. The owner of real property shall be liable for safety violations as set forth in detail herein, regardless of any contract or agreement with any third party regarding the property.

2. Every tenant, occupant, lessee, or holder of any possessory interest in real property shall:

   1. Comply with all federal, state, and local laws applicable to the property;

   2. Supervise or cause to be supervised anyone utilizing, residing at, or occupying the property, with or without consent of the owner, consistent with this subchapter; and

   3. Maintain the property in a manner so as not to violate the provisions of this subchapter.

(Ord. 18-08, passed 7-9-2018)

The Chief of Police shall be responsible for administering and enforcing the provisions of this subchapter. The Chief of Police shall have the authority to designate employees as enforcement officers in conformance with this subchapter to assist with enforcement responsibilities of this subchapter, including, but not limited to, the

issuance of administrative citations.

(Ord. 18-08, passed 7-9-2018)

Notwithstanding any other provision in this subchapter to the contrary, if a tenant's conduct or action gives rise to any citation and order under § 130.206 below, a property owner shall have the right, in addition to any other remedies that the property owner may have under the applicable lease, rental agreement, or the Cal. Code of Civil Procedure, to use the citation and order as evidence of a nuisance for purposes of any eviction proceeding.

(Ord. 18-08, passed 7-9-2018)

1. SAFETY VIOLATION shall mean any of the following activities or behaviors that occur on a property, or have found to originate from the property:

   1. The illegal sale of controlled substances and other illegal drugs and substances which creates a public nuisance as defined in Cal. Civil Code §§ 3479 and 3480;

   2. The illegal use of controlled substances and other illegal drugs and substances which creates a public nuisance as defined in Cal. Civil Code §§ 3479 and 3480;

   3. The frequent gathering, or coming and going, of people on the property who have an intent to purchase or use controlled substances;

   4. The occurrence of prostitution or the unlawful activities of a criminal street gang, as defined in Cal. Penal Code § 186.22;

   5. The repeated making or continuing, or causing to be made, of any noise in violation of standards set forth in Chapter 93 of this code, which disturbs the peace and quiet of the neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area;

   6. The firing of gunshots or brandishing of weapons by a resident of the property, or by a guest of a resident;

   7. The occurrence of malicious mischief including vandalism or actions that damage property or cause or attempt to cause personal injury;

   8. Arrests or detentions for drunkenness linked to the property or for providing alcoholic beverages to, or permitting consumption of, alcoholic beverages by any person under 21 years of age on the property;

   9. Harassment of other persons wherein such harassment involves repeated threats of physical harm to others or actions which may cause physical harm to others;

   10. The occurrence of any other criminal activity not specified in this section which threatens the life, health, safety or welfare of the residents of the property, the neighborhood, or the public; or

   11. The possession or discharge of illegal fireworks, or the permitting, allowing, aiding, or abetting the possession or discharge of illegal fireworks, by an owner on his, her, or its property, except for the possession, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under federal, state, or local law.

2. A safety violation shall be deemed to have originated from a property when it occurs at the property, or the safety violation is verifiable and has occurred within 100 feet of the property.

(Ord. 18-08, passed 7-9-2018)

HISTORY

Amended by Ord. 22-03 on 10/24/2022

1. It is hereby declared a violation of this subchapter for a property owner with actual or constructive knowledge, whether through the owner or owner's agent, lessee, sub-lessor, sub-lessee, or occupant, to allow, permit or fail to prevent a safety violation to occur on the real property of the owner.

2. It is hereby declared a violation of this subchapter for a tenant to allow, permit or fail to prevent a safety violation to occur on the real property where he/she resides.

(Ord. 18-08, passed 7-9-2018)

A. A safety violation, as defined in this chapter, shall be a “code violation” for purposes of Chapter 10 of this code and may be subject to administrative enforcement thereunder, in addition to any other enforcement remedy available under law and this code.

(Ord. 18-08, passed 7-9-2018)

HISTORY

Amended by Ord. 22-03 on 10/24/2022

1. Property owners in the city may apply with the Police Department for notification when the Police Department responds to a response call, verifiable safety violation, or other incident at a property. The owner will need to provide proof of ownership of the property at the time of enrolling in the property owner notification program. Property owners enrolled in the program have a duty to notify the Police Department upon change of ownership of the property.

2. By establishing a property owner notification program, the city in no way guarantees that an owner will receive notification each time the Police Department responds to the property; instead, this enrollment is voluntary and a courtesy to the property owners.

3. The Chief of Police shall be responsible for administering the program, and may establish rules, procedures and an application in order to carry out this program.

(Ord. 18-08, passed 7-9-2018)

HISTORY

Amended by Ord. 22-03 on 10/24/2022 130.999 Penalty

1. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

2. It shall be a misdemeanor to violate provisions of §§ 130.020 et seq .

(1973 Code, § 5-21.07) (Ord. 90-15, eff. 1-9-1991)

3. Any person who violates a provision of §§ 130.075 et seq . is guilty of a separate offense for each day or part of a day during which the violation is committed. A violation of §§ 130.075 et seq . shall result in a misdemeanor.

(1973 Code, § 5-6.01) (Ord. 98-2, eff. 5-27-1998)