Azusa Municipal Code Art. VII Offenses Against Public Health and Safety

Footnotes:

--- (8) ---

Cross reference— Administration, ch. 2; civil emergencies, ch. 26; health and sanitation, ch. 34.

Editor's note— Ord. No. 2018-05, § 3, adopted Dec. 17, 2018, repealed § 46-311, which pertained to operating nonmotorized vehicles on public property for purpose of selling goods or food and derived from Code 1971, § 8.52.015.

No person, municipality or district shall interfere with, destroy or use in any manner whatsoever any levee, embankment, channel, dam, reservoir, rain or stream gages, telephone line, piling, fence or other stream protection work constructed by or on behalf of any public agency without a written permit therefor from the council, which permit shall be revocable whenever in the opinion of the council the public interest and welfare require the revocation thereof. No permit to use any flood control protection work or rights-of-way owned or constructed by the county flood control district shall be effective unless a written permit to do so has also been obtained from the board of supervisors of that district.

(Code 1971, § 8.52.020)

No person, municipality or district shall place in the channel or bed of any river, stream, wash or arroyo or upon any property over which the county flood control district has an easement for flood control purposes, duly recorded in the office of the county recorder, any wires, fence, building or other structure or any refuse, rubbish, tin cans or other matter that may impede, retard or change the direction of the flow of water in such river, stream, wash or arroyo or that will catch or collect debris carried by such water or that is placed where the natural flow of the stormwaters and floodwaters could carry the debris to the damage or detriment of either private or public property adjacent to the river, stream, wash, arroyo or channel.

(Code 1971, § 8.52.030)

No person shall fly in the air any model airplane or toy airplane or miniature airplane which is self-propelled and operated or controlled from the ground, by means of one or more wires, cords, strings or other devices attached to the airplane, at any place within the city except at a place approved or designated for such purpose by the park and recreation commission.

(Code 1971, § 8.52.050)

It is unlawful for any person to sell, exchange, give or loan or cause or permit to be sold, exchanged, given or loaned any pressurized can containing any substance commonly known as paint to any minor person under the age of 18 years, unless such person has in his possession at the time of such sale, exchange, gift or loan a written request therefor signed by a parent or the guardian of the minor. The person making any such sale, exchange, gift or loan shall retain possession of the written request signed by the parent or guardian for a period of at least 30 days and during that time shall present the request to any peace officer upon his request.

(Code 1971, § 8.52.134)

(a) Between the hours of 8:00 p.m. and 8:00 a.m. it is unlawful for any minor person under the age of 18 to have in his possession any pressurized can containing any substance commonly known as paint upon any public highway, street, alley, way, park, playground, swimming pool or public place, whether such minor is or is not in any automobile, vehicle or other conveyance.

(b) This section shall not apply to any minor person under the age of 18 who is accompanied by his parent or his guardian.

(Code 1971, § 8.52.135)

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers or marker pens with tips exceeding four millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol containers or marker pens to be stored in an area viewable by but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers.

(Code 1971, § 8.52.180)

(a) No person shall display for sale or offer for sale, in a place of business open to the public, any of the items, possession of which is prohibited by Health and Safety Code § 11364. Such items shall be included in the term "drug paraphernalia" as used in this section.

(b) No person shall display for sale or offer for sale, in a place of business open to the public, any drug paraphernalia. As used in this section, the term "drug paraphernalia" shall include any instrument used, designed for use or intended for use in ingesting, smoking, administering or preparing marijuana, hashish, hashish oil or cocaine and includes the following:

(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic marijuana or hashish pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;

(2) Water pipes designed for use or intended for use with marijuana, hashish, hashish oil or cocaine;

(3) Carburetion tubes and devices;

(4) Smoking and carburetion masks;

(5) Roach clips;

(6) Separation gins designed for use or intended for use in cleaning marijuana;

(7) Cocaine spoons and vials;

(8) Chamber pipes;

(9) Carburetor pipes;

(10) Electric pipes;

(11) Air-driven pipes;

(12) Chilams;

(13) Bongs; and

(14) Ice pipes or chillers.

(c) Subsections (a) and (b) of this section shall not apply when drug paraphernalia are displayed for sale or offered for sale in a room, the entrance to which is posted by a conspicuous sign clearly indicating that drug paraphernalia are displayed for sale or offered for sale therein and that minors may not enter such room unless accompanied by a parent or legal guardian.

(d) No person in control of any place of business open to the public shall allow a minor not accompanied by a parent or legal guardian to enter or remain in a room at such place of business in which drug paraphernalia are displayed for sale or offered for sale.

(e) No person at any place of business open to the public shall sell drug paraphernalia to a minor who is not accompanied by a parent or legal guardian.

(f) No minor who is not accompanied by a parent or legal guardian shall enter or remain in a room at a place of business open to the public in which drug paraphernalia are displayed for sale or offered for sale.

(g) No minor who is not accompanied by a parent or legal guardian shall purchase drug paraphernalia at a place of business open to the public.

(h) The display for sale or possession for sale of drug paraphernalia in a place of business open to the public, except as set forth in subsection (c) of this section, is declared to be a public nuisance and may be abated pursuant to Code of Civil Procedure § 731.

(Code 1971, § 8.52.150)

No person shall urinate or defecate on private property in an area exposed to public view or on any public property, including but not limited to streets, sidewalks, alleys, parks or other public places, except in a public restroom.

(Code 1971, § 8.52.160)

The following rules and regulations shall control the conduct of all persons in or upon public parks located within the city:

(1) Golf. No person shall utilize any portion of a public park for the playing or practicing of golf.

(2) Baseball or rubber-coated hardball playing. No person shall throw, catch, or otherwise use any baseball, rubber-coated hardball or a ball of substantially similar hardness in a public park, except in baseball diamonds and other areas designated by the parks and recreation commission for such use.

(Ord. No. 93-015, § 1(8.52.190), 11-1-93)

(a) Definitions. For the purposes of this chapter, the following words, terms, phrases and their derivations shall have the meanings given in this section. The word "shall" is always mandatory and not merely advisory.

Bicycle means the same as defined in Vehicle Code Section 231, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that a "bicycle" is a device upon which a person may ride, propelled exclusively by human power, except as provided in Vehicle Code Section 312.5, through a belt, chain, or gears, and having one or more wheels. A person riding a bicycle is subject to the provisions of the Vehicle Code specified in Sections 21200 and 21200.5. An electric bicycle is a bicycle.

Electric bicycle or e-bike means the same as defined in Vehicle Code Section 312.5, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that an "electric bicycle" is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. It includes Class 1, Class 2, and Class 3 electric bicycles as defined in Vehicle Code Section 312.5.

Motorized scooter means the same as defined in Vehicle Code Section 407.5, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that a "motorized scooter" is any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric or other motor. This device may also be designed to be powered by human propulsion. For purposes of this section, a motorcycle, as defined in Vehicle Code Section 400, a motor-driven cycle, as defined in Vehicle Code Section 405, or a motorized bicycle or moped, as defined in Vehicle Code Section 406, is not a motorized scooter.

Other power-driven mobility device or OPDMD means any mobility device powered by batteries, fuel, or other engines whether or not designed primarily for use by individuals with mobility disabilities that is used by individuals with mobility disabilities for the purpose of locomotion. This includes, but is not limited to, electric assisted bikes (EABs), motorcycles, golf carts, electronic personal assistance mobility devices (EPAMDs), such as the Segway PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a "wheelchair" within the meaning of this section.

Park or city recreational facility or governmental public facility means any city-owned or leased park or city recreational facility or governmental public facility, including but not limited to ball fields, skate parks, dog parks, parking lots and structures, gathering plazas and pedestrian walkways providing access to public buildings and facilities.

Sidewalk means the same as defined in Vehicle Code Section 555, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that "sidewalk" shall mean that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

Wheelchair shall mean a manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion.

(b) Prohibited activity. It shall be unlawful for any person to ride or cause to be operated a bicycle, electric bicycle or motorized scooter on a park, sidewalk or city recreational or governmental public facility within the city. This prohibition does not apply to the use of wheelchairs and OPDMDs as defined by the federal Americans with Disabilities Act ("ADA") for use by individuals with mobility disabilities. Bicycles, excluding electric bicycles and motorized scooters, shall be permitted in parks and city recreational or governmental public facilities only in areas authorized by appropriate signs. Bicycles on sidewalks, excluding electric bicycles and motorized scooters, shall be permitted only in compliance with section 74-83 of this Code.

(c) Penalties. Any violation of this section is deemed an infraction, punishable as provided in chapter 1-10 or chapter 1-24 of this Code.

(Ord. No. 93-015, § 2(9.52.200), 11-1-93; Ord. No. 2025-04, § 3, 7-21-25)

(a) It shall be unlawful for a person to sell tobacco products to a person under the age of 18 years.

(b) The penalty for selling tobacco products to a person under the age of 18 years will be punishable pursuant to the provisions of this Code and shall be subject to administrative fines of $250.00 for first offense, and $500.00 for each subsequent offense.

(Ord. No. 10-O4, § 1, 5-17-10)

(a) The term "firearm ammunition," as used in this section shall mean projectiles expelled by force of an explosion, for use in pistols and revolvers, as defined in California Penal Code § 12001, notwithstanding that the ammunition may also be used in rifles or shotguns.

(b) Except as specified in subsections (c) and (d), no person, including retail gun dealers, shall sell, give, lend or transfer ownership of any firearm ammunition during the period of seven days prior to the first day of January of each year or on the first day of January of each year, or during the seven days prior to the fifth day of May of each year or the fifth day of May of each year, or during the seven days prior to the fourth of July of each year or the fourth of July of each year.

(c) Nothing in this section shall prohibit the sale or transfer of ownership of firearm ammunition by a wholesale gun dealer to another wholesale gun dealer or by a wholesale gun dealer to a retail gun dealer, or of ammunition requested by California Penal Code § 12324.

(d) Nothing in this section shall prohibit sale to or acquisition by any person described in California Penal Code §§ 12302 or 12322.

(e) The provisions of this section shall not apply to the sale of any firearm ammunition when such sale is prohibited by California Penal Code §§ 12303, 12303.6, 12304 or 12321, or is otherwise prohibited by chapter 2.5, title 2, part 4, of the Penal Code of the State of California.

(Ord. No. 95-07, § 1, 4-17-95)

Editor's note— Ord. No. 95-07, § 1, adopted Apr. 17, 1995, amended the Code by adding provisions designated as § 46-351. Inasmuch as there already existed § 46-351, said provisions have been redesignated as § 46-323, at the discretion of the editor.

(a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian wildlife, including but not limited to bears, deer, mountain lions, coyotes, raccoons, opossum, mice, rats, skunks, squirrels or feral cats.

(b) This section shall not apply to the feeding of any non-domesticated mammalian by the owner of such animal when the non-domesticated mammalian is kept under valid certificate or permit issued by the state of California Department of Fish and Game or to any fowl or bird species.

(Ord. No. 2018-04, § 1, 10-1-18)