Chapter 130 — GENERAL OFFENSES

(A) No person, except a public utility engaged in the business of providing communication services and facilities, shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will upon activation, either mechanically, electronically or by other automatic means, initiate an intrastate call and deliver a recorded message to any telephone number assigned to any subscriber by a public telephone company, without the prior written consent of the subscriber. (B) The term TELEPHONE NUMBER includes any additional numbers assigned by a public utility company engaged in the business of providing communication services and facilities to be used by means of a rotary or other system to connect with the subscriber to the primary number when the primary telephone number is in use. ('83 Code, § 9.24.020) Penalty, see § 10.99

(A) Definitions.

• (1) CURFEW HOURS means 10:00 p.m. of any day until 6:00 a.m. the following day.

• (2) EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for

immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(3) ESTABLISHMENT means any privately owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment, or recreation.

• (4) GUARDIAN means:

• (a) A person who, under court order, is the guardian of the person of a minor;

• (b) A public or private agency with whom a minor has been placed by a court; or

• (c) A person who is at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

• (5) MINOR means any person under eighteen years of age.

• (6) PARENT means a person who is a natural parent, adoptive parent, or step-parent of a minor.

• (7) PUBLIC PLACE means any place to which the public or a substantial group of the public has access and

includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

• (8) SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(B) Offenses.

• (1) A minor commits an offense by being present in any public place or on the premises of any establishment within the city during curfew hours.

(2) A parent or guardian of a minor commits an offense by knowingly permitting, or by insufficient control

allowing, the minor to be present in any public place or on the premises of any establishment within the city during curfew hours.

• (C) Defenses. It is a defense to prosecution under subsection (B) that the minor was:

• (1) Accompanied by the minor's parent or guardian;

• (2) On an errand at the direction of the minor's parent or guardian, without any detour or stop;

• (3) In a motor vehicle involved in interstate travel;

• (4) Engaged in a lawful employment activity, or going to or returning home from a lawful employment activity, without detour or stop;

• (5) Acting in response to an emergency;

• (6) On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

(7) Attending an official school, cultural, religious, sports, amusement, entertainment, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning directly home from, without detour or stop, an official school, cultural, religious, sports, amusement, entertainment, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

(8) Exercising First Amendment rights protected by the United States Constitution as it pertains to minors, such as the free exercise of religion, freedom of speech, and the right of assembly, but subject to all other applicable laws, rules, and regulations; or

• (9) Emancipated in accordance with applicable state law.

(D) Enforcement. Before taking action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in division (C) is present or applicable. ('83 Code, § 9.28.010) (Am. Ord. 1126, passed 7-2-96) Penalty, see § 10.99

(A) In addition to the provisions of § 130.02 and except as provided in division (B) of this section, it is unlawful for any person under the age of 18, who is subject to compulsory education or to compulsory continuation education, to loiter, idle, wander or be in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place, during the hours of 8:30 a.m. and 1:30 p.m. or during other hours as designated by the respective school district on days when school is in session.

(B) The provisions of this section do not apply in the following situations:

(1) When the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor;

(2) When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor;

(3) When the minor is going directly to, or coming directly from, his or her place of gainful employment or to and from a medical appointment; or

(4) When the minor is going to, or coming directly from, lunch or a school related activity, and the minor has permission to leave campus for lunch or the school related activity and has in his or her possession a valid, school issued, off-campus permit.

(C) Violation of this section shall constitute an offense for which the minor may be cited into the Juvenile Traffic Court system.

(Ord. 1106, passed 8-16-95) Penalty, see § 10.99

No person shall shoot, fire or discharge, any pistol, rifle, gun or other firearm, or any pistol, rifle or gun operated by compressed air, or a spring device, including, but not limited to, BB or pellet guns, not necessary in self-defense, or in performance of an official duty within the city.

('83 Code, § 9.32.010) Penalty, see § 10.99

Statutory reference:

Weapons, see Cal. Penal Code §§ 12000 et seq.

(A) No person shall engage in any act of construction, reconstruction or demolition as to any building or structure, including, but not limited to grading operations, on any lot located in the city, except between the hours of 7:00 a.m. and 7:00 p.m.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 9.33.010) (Ord. 904, passed - -85) Penalty, see § 10.99

Every person who, having been advised of the provisions of this section, signs a written statement declaring the contents thereof to be true, and causes the statement to be filed with any department of the city, for the purpose of causing an investigation to be made into the activities or conduct of any city officer or employee, knowing the statement to be false or without a reasonable belief in the truth thereof when the statement is in fact false, is guilty of a misdemeanor.

('83 Code, § 9.04.010) Penalty, see § 10.99

It is unlawful for any person to wilfully tease, taunt, torment, strike, kick, mutilate, disable, distract, or otherwise injure, or kill, or to interfere with the function of any dog while the animal is being utilized by the Police Department, or any officer or employee thereof, in the performance of any function or duty of the department, or of such officer or employee.

('83 Code, § 9.04.020) (Ord. 836, passed - -82) Penalty, see § 10.99

(A) (1) It is unlawful for any person who is a member of a "criminal street gang" as that term is defined in Cal. Penal Code § 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 BPMC § 130.07(B) under any of the following circumstances:

(2) With the intent to publicize a criminal street gang's dominance over certain territory in order to intimidate non-members of the gang from entering, remaining in, or using the public place or adjacent area;

(3) With the intent to conceal on-going commerce in illegal drugs or other unlawful activity.

(B) For purposes of this chapter, 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 house, office building, transport facility, shop, privately owned 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 house.

(Ord. 1203, passed 5-28-03) Penalty, see § 130.99

Nothing in this chapter 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 chapter.

(Ord. 1203, passed 5-28-03)

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.

(Ord. 1203, passed 5-28-03) Penalty, see § 130.99

INVITATION-AT-LARGE PARTIES

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

HOST or HOLD. The sponsoring of a party at any location within the city.

• INDUSTRIAL ZONE. Any area of the city within an industrial zone as indicated on the city's official zone map. INVITATION-AT-LARGE PARTY. Any party to which the public-at-large has been invited as provided herein. INVITATION. Any oral or written notice of the time, date and location of a party.

PARTY. Any social gathering at which 12 or more people are in attendance.

PUBLIC PLACE. Any location generally accessible to the public.

RESIDENTIAL ZONE. Any area of the city within a residential zone as indicated on the city's official zone map.

SOCIAL GATHERING. Any gathering at which alcoholic beverages are consumed and the predominant purpose of the gathering is social.

('83 Code, § 9.40.010) (Ord. 1061, passed - -93)

• (A) No person shall host or hold an invitation-at-large party in any residential or industrial zone within the city.

• (B) The public at large will be deemed to have been invited in all of the following situations:

• (1) Invitations for the party are posted in a public place.

• (2) Invitations are not addressed to specific individuals at specific locations, or, although addressed to specific individuals at specific locations, are circulated to other than the identified invitee.

• (3) Invitations are worded in such a manner so as to convey to a reasonable person that the invitation is intended for the public at large.

• (4) Invitations are generally circulated with the intent of providing notice of the party to the public at large.

('83 Code, § 9.40.020) (Ord. 1061, passed - -93) Penalty, see § 10.99

Upon determining that a party in a residential or industrial zone is an invitation-at-large party, the city Police Department or any officer thereof shall have the authority to order the party terminated and disperse the crowd. Any person not complying with the disbursement order may be arrested and charged with a violation of Cal. Penal Code § 416.

('83 Code, § 9.40.030) (Ord. 1061, passed - -93)

It shall be a misdemeanor for any person to host or hold an invitation-at-large party and shall be punishable pursuant to the provisions of § 10.99.

('83 Code, § 9.40.040) (Ord. 1061, passed - -93)

NOISE CONTROL

It is declared to be the policy of the city to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels, noises are detrimental to the health and welfare of the citizenry and, in the public interest, such noise levels shall be systematically proscribed. (Ord. 1114, passed 5-1-96)

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

AMBIENT NOISE. The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, AMBIENT NOISE LEVEL is the level obtained when the noise level is averaged over a period of 15 minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made.

A-WEIGHTED SOUND PRESSURE LEVEL. The sound pressure level as measured with a sound meter using the "A"-weighting network. The standard notation is dBA.

COMMERCIAL PURPOSE. Includes the use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition or event, for the purpose of demonstrating any such sound equipment.

COMMERCIAL ZONE. An area designated as neighborhood commercial (C-1), central business district (CBD), general commercial (C-2), or freeway commercial (FC) on the city zoning map.

CYCLICALLY VARYING NOISE. Steady or non-steady noise which varies in amplitude such that the same sound pressure level is obtained repetitively at reasonably uniform intervals of time. A beat is one class of noise. DAY. The time period from 7:00 a.m. of one day to 10:00 p.m. of the same day.

DECIBEL (dB). A unit for expressing the ratio between two quantities of acoustical signal powers; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. EMERGENCY WORK. Work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work by private or public

utilities when restoring utility service.

IMPULSIVE SOUND. A short-duration sound (such as might be produced by the impact of a drop hammer or a pile driver) with one second or less duration.

INDUSTRIAL ZONE. An area designated as commercial manufacturing (CM), office industrial (OI), industrial commercial (IC) or industrial (I) on the city zoning map.

MOTOR VEHICLES. Includes, but is not limited to, automobiles, trucks, motorcycles, mini bikes and go-carts.

NIGHT. The time period from 10:00 p.m. of one day to 7:00 a.m. of the following day.

NONCOMMERCIAL PURPOSE. The use, operation or maintenance of any sound equipment for other than a commercial use. NONCOMMERCIAL PURPOSE means and includes, but is not limited to, philanthropic, political, patriotic and charitable purposes.

PERSON. A person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature, excluding the city.

PROPERTY BOUNDARY LINE. An imaginary line at the ground surface, which separates the real property owned by one person from that owned by another person and its vertical extension. This includes multiple-family dwelling units, with the property boundary being the wall separating the adjoining dwelling units.

PURE TONE. A sound wave whose instantaneous sound pressure varies essentially as a simple sinusoidal function of time.

RESIDENTIAL ZONE. An area designated as single family residential zone (R-I), residential garden (RG), or highdensity multiple-family residential zone (R-3) on the city zoning map.

SOUND. The sensation perceived by the sense of hearing. For the purpose of this chapter, the terms sound and noise shall be used synonymously.

SOUND AMPLIFYING EQUIPMENT. Any device or equipment which amplifies the volume of any sound.

SOUND LEVEL (NOISE LEVEL). Expressed in decibels (dB) is the sound measured with the "A"-weight scale and with slow response by a sound level meter.

SOUND LEVEL METER. An instrument including a microphone, an amplifier, an output meter, and "A" frequency weighting networks for the measurement of sound levels, which satisfies the pertinent requirements in American Standard Specifications for Sound Level Meters SL4-1971 or the most recent revision thereof.

SOUND PRESSURE LEVEL. Twenty times the logarithm to the base ten of the ratio of the root-mean-square sound pressure to the reference pressure, which is 20 micronewtons per square meter.

SOUND TRUCK. Any motor vehicle or any other vehicle, regardless of motive power, whether in motion or stationary, which carries, is equipped with or which has mounted thereon, or attached thereto, any sound amplifying equipment for commercial, political or charitable purposes.

STEADY NOISE. Noise for which the sound pressure level remains essentially constant during the period of observation. It does not vary more than six dBA when measured with the slow meter characteristic of a sound level meter.

(Ord. 1114, passed 5-1-96; Am. Ord. 1388, passed 9-21-16)

Any sound level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the "A" weighting and response as indicated in § 130.31. (Ord. 1114, passed 5-1-96)

The following procedures shall be utilized for measuring and evaluating exterior noise in the city unless otherwise specified in this chapter:

(A) Noise measurements shall be conducted any time during the day or night when the suspect noise source is in operation.

(B) The location selected for noise measurement shall be on the noise receptor's property line at a point approximately ten feet from any building, wall or obstruction (trees, bushes, etc.).

(C) No individual other than the operator shall be within ten feet of the sound level meter during the measurement period.

(D) The sound level meter shall be calibrated in accordance with the manufacturer's instructions.

(E) With the noise source in operation, the operator shall record the instantaneous response at 15-second intervals or less, for a period of 15 minutes or greater. Or, for a noise source in operation for less than 15 minutes, the operator shall record the instantaneous response at 15-second intervals or less for the time the noise source is in operation.

(F) The suspect noise source shall only be measured for a violation of this subchapter when it is five dBA or greater than another noise source within the measurement vicinity.

(G) The corrective factors set forth in § 130.34(B) shall be applied to the noise standard established for the specific noise zone.

(H) The suspect noise level shall be compared with the standards in § 130.34(A). If the noise level generated from the suspect noise source exceeds the standard, the suspect noise source shall be considered to be in violation of this chapter.

(Ord. 1114, passed 5-1-96) Penalty, see § 10.99

(A) It is unlawful for any person within the city to make, cause or allow to be produced noise which is received on property occupied by another person within the designated zone, in excess of the following levels, except as expressly provided otherwise herein:

At the boundary line between a residential property and a commercial and manufacturing property, the noise level of the quieter zone shall be used.

(B) Corrections to noise limits. The numerical limits given in division (A) of this section shall be adjusted by the following corrections, where appropriate:

• (Ord. 1114, passed 5-1-96; Am. Ord. 1388, passed 9-21-16) Penalty, see § 10.99

Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to wilfully make or continue, or cause to be made and continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to residents of the area. The standards which shall be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:.

• (A) The level of the noise;

• (B) Whether the nature of the noise is usual or unusual;

• (C) The nature and zoning of the area within which the noise emanates;

• (D) The density of the inhabitation of the area within which the noise emanates;

• (E) The time of day or night the noise occurs;

• (F) The duration of the noise;

• (G) Whether the noise is recurrent, intermittent, or constant; and

• (H) Whether the origin of the noise is natural or unnatural.

• (Ord. 1114, passed 5-1-96) Penalty, see § 10.99

As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

(Ord. 1114, passed 5-1-96) Penalty, see § 10.99

(A) Horns and signaling devices. It is unlawful for any person to sound any horn or signaling device on an automobile, motorcycle or other vehicle on any street or public place of the city, except as a danger warning; to create by means of any such signaling device any unreasonably loud or harsh sound; to sound any such device for an unnecessary and unreasonable period of time; to use any signaling device except one operated by hand or electricity; to sound any horn, whistle or other device operated by engine exhaust; and to use any such signaling device when traffic is for any reason held up.

(B) Radios, television sets, and similar devices. It is unlawful for any person within an residential zone of the city to us or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound (between the hours of 10:00 p.m. of one day and 7:00 a.m., of the following

day) in such a manner as to disturb the peace, quiet and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.

(C) Animals and fowl. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood.

(D) Exhausts. It is unlawful for any person to cause emission into the open air of the exhaust from any motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(E) Construction of buildings and projects. It is unlawful for any person within a residential zone, or within a radius of 500 feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any piledriver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device (between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from the Department of Public Works. No permit shall be required to perform emergency work as defined in § 130.31.

(F) Hawkers and peddlers. It is unlawful for any person within the city to sell anything by outcry within any area of the city zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events.

(G) Drums. It is unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the city. This section shall not apply to any person who is a participant in a school band or duly licensed parade or who has been otherwise duly authorized to engage in such conduct.

(H) Schools, churches, libraries, hospitals and convalescent homes. It is unlawful for any person to create any noise on any city street, sidewalk, or public place adjacent to any school, institution of learning, church or library while the same is in use or adjacent to any hospital or convalescent home, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in such medical facilities, provided conspicuous signs are placed in such streets, sidewalks or public place indicating the presence of these facilities.

(I) Machinery, equipment, fans and air conditioning. It is unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device (between the hour of 10:00 p.m. of one day and 7:00 a.m. of the following day), use of which is attended by loud or unusual noises.

• (J) Exceptions. There are exempted from this chapter the following:

• (1) Lawfully conducted parades;

• (2) Emergency work as defined in § 130.31;

• (3) Aircraft flight operations;

• (4) Bells, chimes or carillons while being used in conjunction with religious services;

• (5) Commercial motor vehicle operations;

• (6) Emergency energy release devices;

• (7) Speed or endurance events authorized by the city, involving motor or other vehicles;

• (8) Surface carriers engaged in commerce by railroad, except for horns and whistles operated within city limits;

• (9) Systems used to warn community of attack or imminent public danger such as flooding or explosion;

• (10) Any noise or situation within the scope of Sections 23130 or 23109 of the Vehicle Code of the state.

• (Ord. 1114, passed 5-1-96); Am. Ord. 1388, passed 9-21-16) Penalty, see § 10.99

(A) Vehicle repairs. It is unlawful for any person within any residential area of the city to repair, rebuild, or test any motor vehicle (between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance.

(B) Motor-driven vehicles. It is unlawful for any person to operate any motor-driven vehicle within the city in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance; provided, however, any such vehicle which is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this section.

(Ord. 1114, passed 5-1-96) PPenalty, see § 10.99

No person shall use sound amplifying equipment within the city, except in compliance with the provisions of this subchapter.

(Ord. 1114, passed 5-1-96) Penalty, see § 10.99

(A) No person shall use any sound amplifying equipment for the purpose of advertising the sale or lease of any goods, wares, merchandise or services, except:

(1) Within an enclosed building in a manner permitted pursuant to § 130.42; or

(2) If the sound amplifying equipment is affixed to, or mounted in, a motor vehicle; and the goods, wares or merchandise being advertised for sale are available in the vehicle; and the sound being amplified is a sound, other then the human voice, which is customarily utilized in conjunction with the sale, by vehicle, or such goods, wares and merchandise; provided, that the activities may be conducted only between the hours of 10:00 a.m. and 10:00 p.m. of any day.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. (Ord. 1114, passed 5-1-96) Penalty, see § 10.99

The use of sound amplification equipment for noncommercial activities shall be permitted, subject to the following: (A) That such use shall be permitted only when the sound amplifying equipment is mounted in or affixed to, a motor vehicle.

(B) That such use shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. of any day. (Ord. 1114, passed 5-1-96)

Nothing contained in this subchapter shall be deemed to prohibit the use of sound amplifying equipment, or other similar equipment, by any person at his place of residence, if the use is in compliance with the provisions of § 130.40. (Ord. 1114, passed 5-1-96)

(A) When any loud or unruly assemblage occurs or is held, and the city's police officers are required to respond to the scene in response to citizen complaints and the first responding police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, police action may be taken, criminal penalties may be imposed, and city costs collected as provided in this section.

(B) Upon the first responding police officer's determination that the assemblage constitutes a threat to the public peace, health, safety or general welfare, then that first responding police officer, or his or her successor or designee, shall do the following:

(1) Notify the owner of the property and/or the person in charge of the property where the assemblage exists, and/or the person responsible for the assemblage, of the following:

(a) Of the circumstances of the assemblage that constitute a threat to public peace, health, safety or general welfare;

(b) That if such person or persons fail or are unable to mitigate, and the Police Department is required to respond a second time, the circumstances of the assemblage constituting a threat to the public peace, health, safety or general welfare such that the threat no longer exists, the Police Department shall have the right to enter the property and any structures or premise thereon and order all individuals participating in the assemblage to exit the property and disperse from the area;

(c) That such person or persons, or in the case of a minor, the parents and/or guardians of the minor, will be held personally liable for all costs in providing additional police personnel on special security assignment over and above the normal services provided by the Police Department in response to the assemblage, including all costs required to enter the property and disburse individuals participating in the assemblage;

(2) If, after a reasonable time following the second notice given according to the provisions of division (B), the supervisor at the scene determines that the circumstances of the assemblage that constitute a threat to public peace, health, safety or general welfare have not been mitigated, or that additional circumstances have arisen which constitute an additional threat to public peace, health, safety or general welfare, that supervisor may direct any subordinate police officer or officers to do the following:

(a) To notify the owner of the property and/or the person in charge of the property where the assemblage exists, and/or the person responsible for the assemblage, that the assemblage will be terminated for failure to mitigate the circumstances of the assemblage that constitute a threat to public peace, health, safety or general welfare;

(b) To enter the property, and any and all structures and premises thereon, on which the assemblage is occurring and order all individuals participating in the assemblage to exit the property and disperse from the area;

(c) To direct, supervise, assist, escort, and manage individuals exiting the property such that their exit proceeds as quickly and safely as is reasonably possible under the circumstances;

(d) To order all individuals participating in the assemblage to disperse from the area following their exit from the property, and to direct, supervise, assist, and manage said dispersal from the area such that their dispersal proceeds as quickly and safely as is reasonably possible under the circumstances;

(3) If any senior police officer at the scene determines that the assemblage constitutes an imminent threat to the physical safety of individuals or property, the senior police officer shall forgo the provisions for giving notice provided in division (B)(1), and shall immediately take action to prevent the threat pursuant to the provisions of division (B)(2).

(C) All police personnel necessarily utilized to control the threat to the public peace, health, safety or general welfare pursuant to division (B) shall be deemed to be on special security assignment over and above the normal services provided and the owner of the property where the assemblage occurs, and/or the person responsible for the assemblage, shall be personally responsible for the cost of the special security assignment according to the following terms:

(1) Any cost of special security assignment levied pursuant to this subdivision shall be determined upon a cost accounting basis by the city, and shall include the cost damage to city property and/or injury to city personnel, all costs relating to police personnel actions to disperse individuals from the assemblage area pursuant to division (B)(2), and any other costs incurred;

(2) All costs levied by this subdivision shall be due and payable upon presentation, constitute a valid and subsisting debt in favor of the city, and may be collected by the city by any legal means, including filing a cause of action for collection in any court of competent jurisdiction;

(3) Any party aggrieved by a levy of costs pursuant to this section may appeal the matter to the City Council in accordance with the provisions of § 30.04.

(D) Any individual who obstructs police actions taken pursuant to division (B)(2) shall be guilty of a misdemeanor punishable by fine of up to $1,000, imprisonment for up to six months, or both such fine and imprisonment. This penalty shall be in addition to any other administrative, civil, or criminal penalty which may exist in statute, regulation, ordinance, or other provision of law.

(E) Any individual who fails or refuses to comply with a police officer's order to exit property where the assemblage exists, or who fails or refuses to comply with a police officer's order to disburse from an assemblage area, shall be guilty of a misdemeanor punishable by fine of up to $1,000, imprisonment for up to six months, or both such fine and imprisonment. This penalty shall be in addition to any other administrative, civil, or criminal penalty which may exist in statute, regulation, ordinance, or other provision of law.

(Ord. 1114, passed 5-1-96; Am. Ord. 1196, passed 11-6-02)

(A) No person shall operate, or permit operation of, any sound amplification system mounted or installed in any motor vehicle which can be heard from 50 or more feet, from public or private property, unless that system is being operated to request assistance or warn of a hazardous situation.

(B) This section does not apply to authorized emergency vehicles or vehicles operated by gas, electric, communications or water utilities. This section does not apply to the sound systems of vehicles used in parades or other special events.

(Ord. 1114, passed 5-1-96) Penalty, see § 10.99

ALCOHOLIC BEVERAGES

(A) No person having in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened and/or has had its seal broken, and/or the contents have been partially removed, shall enter, be or remain on the premises, including any immediately adjacent parking area, of any retail package off-sale alcoholic beverage licensee licensed pursuant to Cal. Bus. & Prof. Code §§ 23000 et seq. or any public sidewalk immediately adjacent to the licensed and posted premises.

(B) The provisions of this section shall only apply to locations where the signs are posted pursuant to § 130.46. ('83 Code, § 9.09.010) (Ord. 872, passed - -84) Penalty, see § 10.99

Every person owning or operating a retail package off-sale alcoholic beverage establishment within the city licensed pursuant to Cal. Bus. & Prof. Code §§ 23000 et seq., shall post and maintain in good repair, in a conspicuous place at

each entrance to the licensed premises and to the parking lot immediately adjacent thereto, a sign that gives notice substantially as follows:

Possession of Opened Alcoholic Beverage Container on These Premises and the Adjacent Public Sidewalk is Prohibited. BPMC § 130.45.

('83 Code, § 9.09.020) (Ord. 872, passed - -84) Penalty, see § 10.99

(A) Every person who consumes beer, wine or other intoxicating beverage on any public street, sidewalk, alley, highway, or other public place is guilty of a misdemeanor. This section shall not be deemed to proscribe any act which is positively permitted or prohibited by any law of the state.

(B) The provisions of this section shall not apply to the premises or adjacent parking area of any retail package offsale alcoholic beverage licensee in which event, the provisions of Section § 130.45 shall be complied with.

(C) The provisions of this section shall not apply to any public park in which event, the provisions of § 96.02(J) shall be complied with.

('83 Code, § 9.09.030) (Ord. 899, passed - -85) Penalty, see § 10.99

FORTUNETELLING

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

FORTUNETELLING. The business or art of astrology, phrenology, life reading, fortunetelling, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, mesmerism, oriental mysteries, palmistry, spirit photography, spirit writing, spirit voices, spirit materialization, etherialization, numerology, augury, divination, or other similar or related art or business.

('83 Code, § 9.36.010) (Ord. 917, passed - -85)

(A) It is unlawful for any person to engage in the business or art of fortunetelling without first filing an application for an identification certificate from the Police Chief. Upon receipt of an application for an identification certificate and a filing and processing fee in an amount set by the City Council, the Chief shall verify the information contained therein and if the information is true and correct, he shall issue an identification certificate.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 9.36.020) (Ord. 917, passed - -85) Penalty, see § 10.99

(A) Each person who is engaged in the business or art of fortunetelling, shall display, on the premises where the business or occupation is carried on, in a prominent location, the identification certificate.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 9.36.030) (Ord. 917, passed - -85) Penalty, see § 10.99

GUNS AND AMMUNITION

§ 130.70 [RESERVED]

§ 130.71 [RESERVED]

§ 130.72 [RESERVED]

WHEELED DEVICES

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

PRIVATE PROPERTY. Any property held by private interests that is used primarily for business, commercial, residential, office space, business park, religious, multifamily, or recreational purposes. This shall also include the parking facilities for these private property areas.

PUBLIC PROPERTY. Any property owned or maintained by the city, any public agency within the geographical boundaries of the city, including any public square, street, sidewalk, parking garage, park, or highway.

WHEELED DEVICES. Includes bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates, and any other wheeled device specifically listed in Cal. Vehicle Code § 21113.

(B) Regulation of wheeled devices on public property. The City Council may by resolution prohibit the use of wheeled devices on public property when it is determined to be necessary to protect the health, safety, and welfare of pedestrians, motorists or persons operating said wheeled devices on said public property. The City Council shall designate such area and the times when such activity would be prohibited and order the posting of appropriate signage in accordance with § 130.80(D).

(C) Regulation of wheeled devices on private property.

(1) The City Council may, by resolution, designate any private property as a "no wheeled device area" upon written application of the owner of the property. The City Council shall designate such area and the times when such activity would be prohibited and order the posting of appropriate signage in accordance with § 130.80(D).

(2) The City Council may, by resolution, establish fees for the receipt and processing of applications under this section. The Chief Executive Officer, or his or her designee, shall have the authority to establish an application process for property owners seeking to designate private property as a "no wheeled device area."

(D) Signage.

(1) Where the posting of a sign designating an area as a "no wheeled devices" is required by this section, the sign shall provide any applicable time restrictions and language that provides substantially as follows: "The use of bicycles, electric bicycles, skateboards, roller skates, or similar activity is prohibited by Baldwin Park Municipal Code § 130.80. Violators may be subject to fines as provided by law."

(2) All signs posted pursuant to this section shall be not less than 17 by 21 inches in size with lettering not less than one inch in height.

(3) Such prohibition shall apply to the property or area so designated once the property or area has been posted with signs in plain view at all vehicular entrances to the property or area. It shall be the responsibility of the property owner to post all required signs.

(E) Grant of approval for use of wheeled devices. The Chief Executive Officer, or his or her designee, may temporarily suspend the enforcement provisions of this section to accommodate special events upon application by the

event organizer. In granting such approval, the Chief Executive Officer, or his or her designee, may impose such conditions, restrictions and requirements as deemed necessary or desirable in order to protect the public interest and promote the general welfare. The Chief Executive Officer, or his or her designee, shall have the authority to establish an application process for the temporary suspension of the enforcement provisions of this section.

(F) Violations. Notwithstanding any other provision of this code, a violation of this section shall be deemed to be

an infraction, which is punishable as provided in § 10.99 of this code.

• (G) Exemption. This section shall not apply to any of the following:

(1) The use of human or motor-propelled devices by any person who is disabled or handicapped, or whose ability to walk is impaired.

• (2) Any device designated, intended and used solely for the transportation of infants.

(3) The transportation of goods or merchandise to and from the place of purchase or storage.

(Ord. 1511, passed 11-20-24)

Violation of §§ 130.07 or 130.09 shall be punishable by a fine not to exceed $500 or by imprisonment not to exceed six months, or both.

• (Ord. 1203, passed 5-28-03)