Banning Municipal Code Ch. 9.04 Offenses Against Public Peace and Decency

The drinking of any intoxicating liquor, fermented malt beverage, or beverage containing an alcoholic content in excess of one percent by volume, unless specifically permitted by the prior written approval of the city, shall be prohibited:

A. On any street, roadway, boulevard, alley, parking lot, sidewalk, public right-of-way, or public property in the city;

B. Under any bridge or on any vacant, unimproved, or undeveloped land in the city;

C. In the public parking, loading, and access areas of any commercial shopping center in the city;

D. On any grounds owned by or under the control of a public school district within the city, or within a distance of three hundred feet from any exterior boundary of such grounds, except on private residential property or within a properly licensed commercial establishment; and

E. Within any public park, recreational area, playground, or recreation facility in the city.

(Code 1965, § 14-17; Ord. No. 1365, § 1.)

A. The possession of any open container which contains any intoxicating liquor, fermented malt beverage, or beverage containing an alcoholic content in excess of one percent by volume, unless specifically permitted by the prior written approval of the city, shall be prohibited:

1. On any street, roadway, boulevard, alley, parking lot, sidewalk, public right-of-way, or public property in the city;

2. Under any bridge or any vacant, unimproved, or undeveloped land in the city;

3. In the public parking, loading, and access areas of any commercial shopping center in the city;

4. On any grounds owned by or under the control of a public school district or public park district within the city, or within a distance of three hundred feet from any exterior boundary of such grounds, except on private residential property or within a properly licensed commercial establishment; and,

5. Within any public park, recreational area, playground, or recreation facility in the city.

B. Penalty. Any person violating or failing to comply with this section or Section 9.04.010 shall be guilty of a misdemeanor, and subject to punishment as set forth in this code.

(Code 1965, § 14-17.2; Ord. No. 1365, § 2.)

A. No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or the seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package offsale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23,000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises.

B. As used in subsection A of this section, "posted premises" means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk that the provisions of subsection A are applicable.

C. The provisions of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises.

D. Any person violating any provision of this section shall be guilty of an infraction.

(Code 1965, § 21-2.1.)

Every person, except officers or employees of any governmental agency on official business, who wilfully interferes with the good order, lawful conduct or administration of any municipal program or activity of the city, or with any city official in the performance of his or her duty, with the intent to disrupt, obstruct or to inflict damage to property or bodily injury upon any person, is guilty of a misdemeanor.

(Code 1965, § 14-37.)

A. Definitions. For purpose of this section, the following words, terms and phrases shall have the meaning given herein.

1. "City" means the City of Banning.

2. "Special event" shall mean any event, parade, exposition, fair or procession staged in or upon public places or sidewalks for which city services are required because of interference with normal vehicular traffic, pedestrian traffic or which will reasonably be expected to generate an extraordinary need for sanitation or other city services. Special event shall also include any event which has received a permit pursuant to Chapter 5.68 of this Code.

3. "Special event route" shall mean the clearly marked, pre-advertised path to be followed or space to be occupied by the special event.

B. Interference with Special Event Prohibited. It shall be unlawful for any person to interfere with, disrupt or impede a permitted special event as specified herein. The following acts are prohibited by this section when done for the purpose of or with knowledge that an effect thereof is to interfere with or disrupt the ability of the permittee to carry on the special event:

1. To block, obstruct or impede the passage of participants, vehicles or animals in the special event along the special event route;

2. When not participating in the special event with the permission of the permit holder, to walk, run, operate a skateboard, ride any wheeled vehicle or rollerskate through, between, with or among the participants, vehicles or animals in the special event, except in cases of bona fide emergency;

3. To drop, roll, throw, toss, squirt or propel any gaseous liquid, semisolid or solid substance or object toward or among the participants, vehicles or animals in the special event;

4. To grab, take hold of, strike, hit, pull or push any participant, vehicle or animal in the special event, or to mount any vehicle in the special event, except with the permission of the permittee or in cases of bona fide emergency;

5. To generate, amplify or broadcast any noises or sounds using any loudspeaker, amplifier, instrument or device other than sounds generated solely by the human voice or body unaided by any such amplifier, device or instrument upon any sidewalk or public place. This restriction shall apply only along the special event route while the special event is in progress at that location, and shall not apply to any participant in the special event acting with the permission of the permittee.

C. Violation, Penalty. Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not exceeding one thousand dollars or imprisoned in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

(Code 1965, § 14-40.)

It is unlawful for any person to sell, exchange, give, or loan or cause or permit to be sold, exchanged, given, or loaned, any correctional fluid that has toxic qualities to any person under the age of eighteen years.

(Code 1965, § 14-34.)

It is unlawful for any person licensed to do business in the City of Banning to display any correctional fluid that has toxic qualities for sale from any self-service or self-help counter that is not under constant supervision of business personnel.

(Code 1965, § 14-35.)

It is unlawful for any person under the age of eighteen years to have in his possession any correctional fluid that has toxic qualities, while upon any public highway, street, alleyway, park, playground, swimming pool, or other public place, whether such minor is or is not in any automobile, vehicle or other conveyance.

(Code 1965, § 14-36.)