Belmont Municipal Code § 15-1 Drunkenness

It shall be unlawful for any person to be drunk in any public place or place open to public view, or be on any public highway, in a state of drunkenness, or intoxication, or be on any private premises or in any private house in a state of drunkenness or intoxication, to the annoyance of any other person.

(Code 1961, § 18.7)

Cross reference— Alcoholic beverages in parks, § 16-26.

No person shall consume any alcoholic beverage in any quantity on any public street, avenue, sidewalk, stairway, alley or thoroughfare within the City of Belmont; nor shall any person consume any alcoholic beverage within fifteen (15) feet of any public way or thoroughfare while on a private stairway, doorway, or other private property open to public view without the express or implied permission of the owner, his agent, or the person in lawful possession thereof; provided, however, that the provision of this section shall not apply to the interior portion of any private dwelling, habitat or building, to the consumption by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content, or to those persons consuming alcoholic beverages while viewing a parade for which a permit has been granted pursuant to Belmont city ordinance. Further, this section shall not be applicable in those areas and during such time as the city council has granted permission for temporary use or occupancy of public streets and appurtenant areas pursuant to the city ordinances of Belmont.

(Ord. No. 651, § 1, 3-26-79)

Editor's note— Ord. No. 651, adopted Mar. 26, 1979, amended the Code by the creation of ch. 28, art. I, § 28-1. For purposes of classification, the editor has redesignated the provisions of § 1 of the ordinance as 15-1.1.

Editor's note— Ord. No. 2025-1190, § 17, adopted Sept. 23, 2025, repealed § 15-2, which pertained to escort services businesses and derived from Code 1961, §§ 18-7-1—18-7-3; and Ord. No. 699, § 1, adopted April 14, 1982.

It is hereby declared to be a nuisance and it shall be unlawful for any person to use as a fertilizer within the city any of the following fertilizers: Fishmeal; slaughterhouse refuse; bloodmeal; dried sewage sludge; hog manure; human fecal matter or deposits from privy pits and septic tank deposits.

(Code 1961, § 18.8)

It shall be unlawful for any person to unload, discharge, deposit, import, deliver, possess or use any matter emitting noxious or offensive odors within the city; provided, however, that nothing in this section shall be deemed to prevent the hauling of such materials through the city; provided further, that nothing in this section shall prohibit the unloading of such material from railroad trains in the city for delivery outside the city; provided, however, that any person unloading any of the materials mentioned herein for delivery outside the city must first secure a permit from the chief of police, who shall ascertain where the material is to be hauled and direct such person the route to be taken by them to their delivery destination.

(Code 1961, § 18.9)

Editor's note— Ord. No. 2025-1190, § 18, adopted Sept. 23, 2025, repealed § 15-5, which pertained to the speed of trains and derived from Code 1961, § 18.9-1.

Every person who owns, possesses or controls real property must manage and use the property and cause others that may possess, manage, or control the property to manage and use the property in a manner that avoids violation of this code and prevents others from maintaining conditions on the property prohibited by this code or using the property in a manner prohibited by this code or otherwise constitutes a public nuisance. Notwithstanding anything in common law to the contrary, a person who owns, possesses or controls real property is not relieved by the terms of any lease, property management agreement, or other agreement, or the right of any other person to exclusive possession and control of the real property, from complying with this section.

(Ord. No. 2025-1190, § 20, 9-23-25)

Editor's note— Ord. No. 2025-1190, § 19, adopted Sept. 23, 2025, repealed former § 15-6, which pertained to rock crushing and derived from Code 1961, §§ 18.10, 18.11. Subsequently, § 20 of Ord. No. 2025-1190 enacted a new § 15-6, as set out herein.

(a) (1)

It is unlawful for any person to sell, store, possess or discharge any fireworks, including dangerous fireworks, agricultural fireworks, or safe and sane fireworks, in the City of Belmont.

(2) It is unlawful to use or to allow the use of any real property in the City for the purpose of selling, storing, possessing or discharging any fireworks, including dangerous fireworks, agricultural fireworks, or safe and sane fireworks.

(3) Unlawful use of fireworks is a public nuisance and every property where fireworks are unlawfully used is a public nuisance.

(b) As used in this article, the words "dangerous fireworks," "fireworks," and "safe and sane fireworks" are defined as set forth in California Health and Safety Code Sections 12505, 12511, and 12529, respectively.

(c) Subsection (a) does not apply to:

(1) Fireworks that are used by railroads or other transportation agencies for signaling or illumination.

(2) The sale or use of blank cartridges for theatrics, signaling or ceremonial purposes.

(3) The sale, use, or possession of party poppers, cap guns, and paper caps.

(4) The use of fireworks by the United States Armed Forces.

(5) The storage or handling of fireworks as required for explosives, which are regulated by California Fire Code as locally amended.

(6) The storage, use and handling of fireworks for public display for which a permit has been issued as set forth in the California Fire Code as locally amended.

(7) The storage, use and handling of fireworks for pyrotechnic special effects which are regulated by California Fire Code as locally amended.

(8) The sale, storage or use of Agricultural Fireworks, as defined by Health & Safety Code Section 12503, which are regulated by the State Fire Marshal.

(Code 1961, § 11.8; Ord. No. 561, § 1, 6-9-75; Ord. No. 2025-1190, § 21, 9-23-25)

Editor's note— Ord. No. 2025-1190, § 22, adopted Sept. 23, 2025, repealed § 15-8, which pertained to fireworks and blasting permits and derived from Code 1961, § 11.9.

Editor's note— Ord. No. 2025-1190, § 23, adopted Sept. 23, 2025, repealed § 15-9, which pertained to the restriction of sales to or possession of fireworks by minors and derived from Code 1961, § 11.8.1; and Ord. No. 561, §§ 2, 3, adopted June 9, 1975.

It shall be unlawful for any person to willfully or maliciously torment, torture, beat, kick, strike, mutilate, injure, disable or kill any dog used or under the control of the Belmont Police Department in the performance of the function or duties of the department, or to interfere with any such dog while being used or under the control of said Belmont Police Department and/or its officers, agents, employees or duly appointed representatives.

(Ord. No. 635, § 1, 9-11-78)