Brawley Municipal Code § 19.24 Unclaimed property in possession of police department

It is unlawful for any person to drink or consume, or to attempt to drink or consume, any alcoholic beverage while such person is in or upon any public park, street, alley, highway or other public place. This prohibition does not apply to any person who purchases beer or wine from city-permitted sponsors of events at the Cattle Call Arena and grounds, and such beer or wine is consumed or is discarded before leaving designated areas of Cattle Call Park where consumption is permitted, Cattle Call Arena and grounds from the Saturday before the Cattle Call Rodeo through the final performance on Sunday, or any person who purchases alcohol from any other permitted sponsor of an event held in a public place as defined herein, when such sponsor and event has been approved by the city council. The city guidelines for use of public facilities shall apply to all such events and the city council may impose such other conditions it deems appropriate.

(Ord. No. 715, § 1; Ord. No. 384, § 2; Ord. No. 95-08, § 1; Ord. No. 95-13, § 1; Ord. No. 98-02, § 1.)

(Ord. No. 2009-06, § 1.)

(a) Definition. "Firearm" is defined, for purposes of this section, as a gun, pistol, revolver, automatic pistol, rifle, shotgun, "BB" gun, air gun, pellet gun or any other weapon of similar kind designed to discharge a projectile propelled by the expansion of a gas.

(b) Discharge-Prohibited. No person shall discharge or fire any firearm within the limits of the city except as provided in subsection (c) of this section.

(c) Same-Exception to prohibition. The provisions of subsection (b) of this section as to the discharge of any firearm, shall not apply to any of the following instances:

1. To law enforcement officers or any person summoned by any such officer to assist in making arrests or preserving the peace, or to members of the armed services of the United States, or the National Guard, while such persons are acting in the lawful discharge of their duties;

2. Self-defense. To persons discharging firearms in the lawful defense of self or third persons.

(d) Possession by minors-Prohibited. It shall be unlawful for any person under the age of eighteen years to have in his possession in a public place any firearm, except as hereinafter provided.

1. When under charge of an adult. When such minor is in the immediate charge of a parent, guardian or adult person having the responsibility for the conduct of such minor;

2. Unloaded guns. When the firearm is unloaded and either:

a. In a dismantled or "take-down" condition; or

b. Completely wrapped or in a carry case made for the purpose of carrying such firearm.

(e) Violations. Any person violating any of the provisions of this section and any parent or guardian of a minor person under the age of eighteen years who knowingly permits or allows any such minor to do any act in violation of the prohibitions of this section shall be deemed guilty of an infraction.

(Ord. No. 546, §§ 1, 2; Ord. No. 88-24, § 1.)

It shall be unlawful in the city for any person to install, use or maintain any hot plate or other cooking device for preparing meals in any room in any hotel, as the term "hotel" is defined by the laws of the state, which room is used for sleeping or bathing purposes, except that:

(a) A unit containing an electric hot plate, which shall be used solely for the preparation of meals for the consumption of not more than two occupants of a room may be installed in a room used for sleeping purposes.

(b) The unit containing the hot plate shall also contain a sink with hot and cold running water, a storage cabinet wherein all food, dishes and cooking utensils shall be stored when not in use and be of a type approved by the board of fire underwriters.

(c) The installation of such unit shall conform to the requirements of the Plumbing, Electrical and Building Codes of the city.

(d) The sleeping room shall contain not less that one hundred twenty square feet superficial floor space.

(e) The bed, drapes, curtains, towels or other readily combustible material are to be located so that they cannot come in contact with the hot plate.

(Ord. No. 447, § 1; Ord. No. 517, § 1.)

1. Definitions. "Emergency" is a sudden unforeseeable combination of circumstances which calls for immediate action.

"Loiter" means to idle, to loaf, to stand idly by, or to walk, drive, or to ride about aimlessly.

A "minor" is anyone under eighteen years of age.

A "public place" is any place or property except private property put to a nonpublic use.

2. Hours.

Every minor is guilty of a misdemeanor who loiters in a public place or trespasses on private property during the following hours:

a. During the period of June 15th to September 15th:

1. 12 o'clock, midnight, and sunrise of the following day, for each day Sunday through Saturday, inclusive.

b. During the period of September 15th through June 15th:

1. 10 o'clock P.M., and sunrise of the following day, for each day Sunday through Thursday, inclusive.

2. 12 o'clock, midnight, and sunrise of the following day, for each day Friday and Saturday.

3. Exceptions. This section does not apply when:

4. A minor is accompanied by a parent, guardian or other person having legal care, custody or control.

5. A minor is accompanied by the minor's spouse who is not a minor.

6. A minor is on an errand by authority of the parent, guardian or other person having legal care, custody or control.

7. A minor is participating in or reacting to an emergency situation.

8. A minor is engaged in a legitimate business, trade, occupation, or profession with the consent of parents, guardian or other person having legal care, custody or control.

9. A minor is attending or returning home forthwith by the most direct route from a meeting, entertainment, or recreational activity directed, supervised or sponsored by a governmental agency, adult service club, church group or school authority.

10. A minor is returning home forthwith by the most direct route from a public motion picture establishment.

11. Violations and penalties. Any person who violates this section is guilty of a misdemeanor and upon conviction thereof for the first offense shall be punished by a fine of ten dollars or ten days imprisonment in the county juvenile hall, or both such fine and imprisonment. Any subsequent conviction under this section is punishable by a fine of fifty dollars or twenty days in the county juvenile hall, or both such fine and imprisonment.

(Ord. No. 591, §§ 1 to 4.)

It shall be unlawful for any person to form, or to aid in forming, or to ride in, any parade or procession of two or more motor vehicles formed or moving along any highway for the purpose of inducing any person, by means of compulsion, coercion, intimidation or fear, from entering into, or carrying on his employment, upon or about any farm, ranch, packing shed or any place of employment.

It is unlawful for any person to loiter, stand or sit in or upon any public highway, alley, sidewalk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing or attempting to pass along the same, or so as to in any manner annoy or molest persons passing along the same.

It is unlawful for any person to beset or picket the premises of another, or any approach thereto, where any person is employed or seeks employment, or any place or approach thereto where such employee or person seeking employment lodges or resides for the purpose of inducing such employee or person seeking employment, by means of compulsion, coercion, intimidation, threats, acts of violence or fear to quit his or her employment or to refrain from seeking or freely entering into employment.

It is unlawful for any person to utter to, or within the hearing of another, any derogatory, indecent, opprobrious epithets or language, or to use any gestures, or to make demonstrations of any kind, for the purpose of inducing any person, by means of compulsion, coercion, intimidation, threats, acts of violence or fear to quit his or her employment or to refrain from seeking or freely entering into employment, or to refrain from patronizing, negotiating with or transacting business with any other person.

(Ord. No. 283, §§ 1 to 4.)

For the purposes of Sections 19.12-2 and 19.12-3 the following words shall have the meanings as indicated:

Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

Litter. Garbage, refuse and rubbish as defined herein and all other materials which if thrown, deposited or accumulated as hereinafter prohibited would tend to constitute a danger to public health, safety and welfare or which constitute an eyesore or blight upon the appearance of public and private property within the city.

Person. Any person, firm, partnership, association, corporation, company or organization of any kind.

Refuse. All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

Rubbish. Nonputrescible solid wastes (excluding ashes), consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

(Ord. No. 553, § 1.)

No person shall sweep, throw, cast, place, deposit, accumulate, abandon or dump any litter upon or into any public building, park, street, sidewalk, alley, way or other public place within the city except into receptacles provided therefor.

(Ord. No. 553, § 2.)

onto public or private property. No person shall sweep, throw, cast, place, deposit, accumulate, abandon or dump any litter anywhere within the city in such a manner that it may be carried or deposited by the elements upon or onto any street, sidewalk, alley, parkway or other public place within the city or into or onto private property within the city.

(Ord. No. 553, § 3.)

It shall be unlawful for any person to sponsor, hold, manage, conduct or carry on, or to cause or permit to be held, managed, conducted or carried on, any parade, march or procession of any kind for any purpose, or any other similar displays; or to hold or to have or indulge in any public speaking, or to induce or cause any assembly on the streets, in any park, on the sidewalks, or upon any vacant property or at any place of business within the city, without first having procured a permit to do so from the chief of police, who is hereby empowered and authorized to grant or deny any application for such a permit.

Any permit granted pursuant to the provisions of this section shall specify the time when and the place where such parade, march or procession, or assembly shall be held, or public discourse given, to whom and the general object thereof.

(Ord. No. 223, §§ 1, 2.)

The practice of going in and upon private residences in the city by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise not having been requested or invited so to do by the owner or occupant thereof for the purpose of soliciting orders for the sale of goods, wares or merchandise or disposing of or peddling or hawking the same is hereby declared to be a nuisance and unlawful and a misdemeanor.

(Ord. No. 399, §1.)

5. In connection with this section, see §§ 16.86, 16.103, 16.111 and 16.119 to 16.122 of this Code.

(a) A business license is required to operate a poolroom.

(b) The business license may be revoked by the city council if the owner/operator is found not to be in compliance with the provisions of this section, or if there were misrepresentations made in the application for the business license.

(c) It shall be unlawful for any person, either as proprietor, manager, keeper, agent, employee or otherwise, to admit into or permit any minor under the age of eighteen years to be or remain in any public billiard room or poolroom in the city; however, the foregoing prohibition shall not apply to premises which maintain equipment and facilities for billiards or pool and which comply with all the following conditions:

1. Alcoholic beverages shall neither be sold to persons under twenty-one nor consumed upon the premises by persons under twenty-one.

2. No form of gambling shall be permitted on the premises.

3. The smoking of tobacco or the sale of tobacco products shall not be permitted on the premises by anyone under eighteen years of age.

4. No person under the age of thirteen years shall be permitted on the premises unless accompanied by his/her parent or legal guardian, or adult supervised group activities (i.e.: baseball team party).

5. No person who is intoxicated or under the influence of any illegal drug shall be permitted to remain on the premises.

6. No person under eighteen years of age shall be allowed into or permitted to remain on the premises after curfew hours; unless they are in compliance with section 19.9 of the Municipal Code (curfew).

7. Security personnel shall be provided at all times by the operator as directed by the chief of police.

8. Comply with all local, county, state and federal applicable rules and regulations whether specified herein or not.

(d) 1.

Establishments constituting a trouble area-Additional tax for selling alcohol with minors on the premises. There is hereby imposed upon the operator of any business establishment which constitutes a trouble area, as such term is hereinafter defined, a tax of five dollars for each day alcohol is sold.

2. Definition: Trouble Area. "Trouble area," as such term is used herein, shall mean premises in or upon where there have occurred within the immediately preceding calendar year seven or more incidents which involve the arrest of a person, a call to the police department to investigate a disturbance, threat, and public disturbances witnessed by police officers. Such incidents shall be considered herein regardless of whether any arrests were made or whether formal charges were made or whether any person was convicted of public offenses in connection with such incidents.

(Ord. No. 310; Ord. No. 582, §1; Ord. No. 96-10, §4.)

Unlawful. It shall be unlawful for any person to operate in the city any device, appliance, equipment or apparatus generating or causing high frequency oscillations or radiations which interfere with radio broadcast receiving apparatus, except that a person duly licensed to practice medicine, osteopathy, chiropractic or dentistry by the state in the course of practice of his profession, may operate or cause to be operated under his direct supervision, any machine necessary to give treatment; provided, however, that all reasonable methods of preventing interference with radio broadcast receiving apparatus or wireless receiving apparatus has been applied.

Inapplicability of section. This section shall not apply to radio stations, either broadcast, commercial or amateur, licensed by the federal government, or which are engaged in interstate communication, or to the public utilities under the supervision of the state railway commission.

Enforcement of section. The enforcement of this section shall be placed in the hands of the electrical inspector, who is given the power to deputize one or more persons, without pay, to assist in the duties herein set forth.

Correction of defective equipment. When an inspection and test shall have been made by the electrical inspector and it is found that any device, equipment, apparatus or appliance coming within the terms of this section is being operated in violation of this section, the owner or the operator of such device, equipment, apparatus or appliance shall be notified to discontinue the use of such device, equipment, apparatus or appliance or to make additions, repairs or modifications thereof in order that the same may be operated in a manner which complies with the provisions of this section. Such notice shall be personally served. In the event that the owner or operator of such device, equipment, appliance or apparatus does not within forty-eight hours after service of notice to repair or discontinue the use of such device, equipment, apparatus or appliance either entirely discontinue the use or repair the same or attach a silencing device thereto so that it complies with the provisions of this section, such owner, person in possession or operator shall be deemed to be operating such machine, device, appliance or apparatus in violation of the provisions of this section; and such person shall be subject to the penalties provided for such violations.

(Ord. No. 224, §§ 1 to 4.)

It shall be unlawful for any person on the public sidewalks or public streets or public parks in the city to solicit the sale of or orders for the sale of any type of property, or any interest therein, or for the sale of any goods, wares or merchandise, or for any type of service or subscription, for delivery at a subsequent time.

The provisions of this section shall be held to apply to commercial private enterprise activities, but not to persons or activities exempt by the Constitution of the United States or by the Constitution of the state or the laws of the state.

(Ord. No. 498, § 1.)

It shall be unlawful for any person to sell, furnish or give away to any minor person any adhesive substance containing the chemical ingredient toluol.

(Ord. No. 536, § 1.)

"Unclaimed property" defined.

For the purpose of this section, "unclaimed property" shall mean any and all property in the possession of the police department for which no claim or demand had been made and property for which no owner has been found.

Sale. The police department is hereby authorized to sell at public auction to the highest bidder all unclaimed property which has been in the possession of the police department for more than six months, upon notice of sale given by the chief of police at least five days before the time fixed there for by publication in the newspaper designated by the city council as the official newspaper for city printing.

Destruction. Any unclaimed property which after such sale remains unsold shall be summarily destroyed by the police department.

(Ord. No. 382, §§ 1 to 3.)

It shall be unlawful and a misdemeanor for any person to run or drain or allow to run or drain any water onto or into any street or alley in the city.

(Ord. No. 488, § 1.)

Editor's note— Ord. No. 2015-05, § 1, adopted June 16, 2015, added regulations prohibiting wasteful use of water and restrictions on water use as a new § 19.24-3, superseding similar provisions formerly codified as § 19.24-2. Former § 19.24-2 derived from Ord. No. 2014-03, § 1, adopted Aug. 12, 2014.

(a) In order to conserve the City's water supply for the greatest public benefit and to reduce the quantity of water used by the City's customers, the wasteful use of water must be eliminated. Customers of the City shall observe the following regulations and restrictions on water use except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency:

1. Level 1, Permanent Requirements:

a. Watering hoses shall be fitted with shut-off nozzle.

b. The use of potable water to irrigate turf, ground-cover, shrubbery, crops, vegetation, and trees between the hours of 10:00 a.m. and 7:00 p.m., or in such a manner as to result in runoff is prohibited;

c. The use of potable water in outdoor landscapes in a manner that causes runoff to non-irrigated areas, public walkways, roadways, parking lots, structures or an adjacent property is prohibited;

d. The application of potable water to driveways and sidewalks, except to protect public health and safety is prohibited;

e. Allowing potable water to escape from breaks within a customer's plumbing system for more than twenty-four hours after the customer is notified or discovers the break is prohibited;

f. The washing of vehicles by hose without a shutoff nozzle, except to wash such vehicles at commercial or fleet vehicle washing facilities using water recycling equipment is prohibited.

g. The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system is prohibited.

h. The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall is prohibited.

i. Drinking water shall only be served upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased;

j. Irrigation with potable water of ornamental turf on public street medians is prohibited; and

k. Irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development is prohibited.

1. Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.

2. Level 2, Requirements:

a. The use of lawn sprinklers will be three-days a week, from 7 p.m. to 10 a.m. only. Increasing watering time duration to compensate for lost watering days is Prohibited. Customers south of Main Street may run sprinklers on Mondays, Wednesdays and Fridays. Customers north of Main Street may run sprinklers on Tuesdays, Thursdays and Saturdays.

b. Item a. above does not apply to drip irrigation systems, and the hand watering of trees, gardens, and perennials. This type of watering is allowed any day of the week between 7 p.m. and 10 a.m. Any hose used for this type of watering shall be equipped with a shut off nozzle. The use of a soaker hose, watering can, or bucket is permitted.

c. Irrigating with potable water of "non-functional turf" in the commercial, industrial, and institutional sectors (including HOAs) except as it may be required to ensure the health of trees and other perennial non-turf plantings is prohibited.

"Non-functional turf" is turf that is solely ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks.

1. There is an exemption process available for certain low water using turf species and irrigation approaches. To be exempt from the ban, an owner or manager must provide proof to the City that they have met two requirements:

i. the user must certify that the turf species needs low levels of water (a plant factor of 0.3 or less; "plant factor" is a factor used to estimate the amount of water needed by plants - see section 491 of title 23 of the California Code of Regulations); and

ii. the user must demonstrate that the turf is irrigated in a way that uses low levels of water (less than 40 percent of reference evapotranspiration). For more information on plant factors and reference evapotranspiration, see the state's Model Water Efficient Landscape Ordinance.

d. Swimming pools owners are encouraged not to empty and refill swimming pools.

e. The use non-potable water for construction and dust control must be avoided whenever it is possible.

(b) Enforcement. Any Customer violating the regulations and restrictions on water use set forth in this section shall receive a written warning for the first such violation of a given prohibition. Thirty (30) days shall be provided for corrective measures to be achieved.

Upon a second violation, the customer shall receive a final written warning. Any violation occurring subsequent to the issuance for the second written warning shall constitute an infraction of $200 issued by the City Manager or his/her designee.

(c) Penalty for Violation. Except as provided in the enforcement section for the first and second violations, any person, firm, partnership, association, corporation or political entity violating or causing or permitting the violation of any of the provisions of this section or providing false information to the City in response to City's requests for information needed by the City to calculate consumer water allotments shall be guilty of a misdemeanor. Each separate day or portion thereof in which any violation occurs or continues without a good faith effort by the responsible party to correct the violation shall constitute a separate offense, and upon conviction thereof, shall be separately punishable.

(d) Appeals. Variances from the requirements of this Section may be granted by the City Council only after denial of a variance request by the City Manager. Appeals of variance request denials shall be made in writing to the City Clerk at least 2 weeks prior to the meeting at which they will be heard. Upon granting any appeal, the City Council may impose any conditions it determines to be just and proper. Variances granted by the City Council shall be prepared in writing and furnished to the applicant.

(e) Remedies/Cumulative. The remedies available to the City to enforce this ordinance are in addition to any other remedies available under the City's code or any state statutes or regulations, and do not replace or supplant any other remedy, but are cumulative.

{f)

Sunset. This ordinance shall sunset and be of no further force or effect on June 30, 2023, unless the City Council extends or otherwise changes its term.

(Ord. No. 2015-05, § 1, 6-16-2015; Ord. No. 2016-02, § 1, 2-16-2016; Ord. No. 2016-05, § 1, 11-1-2016; Ord. No. 2022-07, § 3, 8-2-2022)

Defined. Recreation center as used herein is defined as follows: Premises which are devoted to the operation of a business for profit and which provide equipment, mechanical devices, machines and paraphernalia for the playing of games for entertainment, amusement and recreation by the public and for which a consideration is charged for the playing of such games.

A. Permit required. No person shall operate a recreation center as herein defined except pursuant to permit issued by the city council.

B. Application for permit. Any person desiring to engage in such business shall file a verified application with the city clerk for a permit. Such application shall contain the following information:

1. The name and address of the applicant, and if the applicant is a partnership or association, the names and addresses of the members thereof, and if the applicant is a corporation, the principal place of business and the names and addresses of the managing agent thereof and all shareholders, officers and directors thereof.

2. The location and description of the premises proposed to be used for the operation of such recreation center and whether applicant is the owner or lessee thereof.

C. The police department shall investigate all applications for a permit and shall make a recommendation to the city council in writing as to whether or not such application should be granted or denied.

D. In the operation of such recreation center the following requirements, rules and regulations shall be enforced by the owner and operator thereof:

1. Alcoholic beverages shall not be sold, consumed or brought onto the premises.

2. There shall be no direct interior access from the premises into an area or building in which alcoholic beverages are sold or consumed.

3. No form of gambling shall be permitted on the premises.

4. No loud, offensive or obscene language, or scuffling, roughhousing or horseplay shall be permitted on the premises.

5. Smoking by persons under sixteen years of age shall not be permitted on the premises.

6. No person who is intoxicated or under the influence of any drug shall be permitted on the premises.

7. No person under the age of thirteen years shall be allowed upon the premises unless accompanied by his parent or legal guardian.

8. No person under eighteen years of age shall be allowed into or permitted to remain on the premises after curfew hours.

9. Adult supervision shall be provided at all times by the operator while the premises are open to the public.

E. Revocation of permit. The permit herein provided may be revoked by the city council for good cause and after hearing thereon. Good cause for the revocation of such permit shall include but shall not be limited to any of the following acts committed or allowed by the permit holder or his agents, servants and employees on the premises: Misrepresentation made in the application for such permit; violation of laws or ordinances governing gambling, loud, boisterous or disorderly conduct; for breach of the peace; for allowing or permitting a breach of the peace in or about the premises in which the business is conducted; for failure to observe or comply with the laws of the state or ordinances of the city; failure to comply with any of the rules and requirements governing the operation of such recreation center as contained in this section.

F. Permit not transferable. No permit issued in accordance with this section shall be transferred or assigned.

(Ord. No. 492-A, § 1.)

No person shall operate a motor vehicle upon a street, alley, public place or place open to the public, in the city in such a manner that the wheels thereof rotate so that the forward progress of the vehicle is less than the circumferential distance traveled by its wheels.

(Ord. No. 601, § 1.)

(a) Definitions.

"Graffiti" means any inscription, word, figure or design marked, etched, scratched, drawn or painted on any surface, without the written permission of the owner (or owner's representative) of such surface, regardless of the material of which the surface is composed, through the use of an aerosol or pressurized container of paint, paint, indelible, chalk, ink dye, or other liquid substance, or through the use of any graffiti implement, capable of defacing property.

"Graffiti implement" means any implement capable of marking a surface to create graffiti including, but not limited to, aerosol paint containers, paint sticks, three-eighths inch or greater felt-tip markers or marking pens.

"Aerosol paint containers" means any container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other similar substances capable of defacing property.

"City" shall mean city of Brawley.

"Defacement" shall mean the intentional altering of the physical shape or physical appearance of property.

"Felt-tip marker or marking pen" means any indelible marker or similar implement with a tip, which, at its broadest width, three-eighths inch or greater, containing an ink or similar substance.

"Minor" means a person under eighteen years of age.

"Paint stick/graffiti stick" means a device containing a solid form of paint, wax, epoxy, or other similar substances capable of being applied to a surface by pressure, and upon application, leaving a mark.

"Spray actuator" (also known as a "spray tip," "nozzle," or "button") means an object which is capable of being attached to aerosol paint containers for the purpose of spraying the substance contained therein.

"Owner's representative" means any person or entity expressly authorized by the owner of any property to permit another person to place inscriptions, words, figures, or designs upon such property, or any person or entity in lawful possession of any property, whose right of possession includes the authority to permit or allow inscriptions, words, figures, or designs to be placed upon such property.

"Responsible person" means any person who owns, controls, or possesses property or who has primary responsibility for the repair or maintenance of property.

(b) Possession by minors-Prohibited.

1. It shall be unlawful for any minor to possess any graffiti implement:

a. While upon public property; or

b. While upon private property without the written consent of the owner of such private property. Such consent must be given in advance and must authorize the minor's presence while in the possession of a graffiti implement.

This subsection shall not apply while the minor is attending, or traveling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the need to use three-eighths inch or greater felt tip markers.

2. This section is not intended to conflict with California Penal Code section 594.1.

(c) Furnishing to minors prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause, or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any minor without the presence of the parent, or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing.

(d) Wrongful display for sale.

1. No person, firm, or entity engaged in a commercial enterprise ("seller") shall display for sale, trade, or exchange, any graffiti implement except in an area under the control of seller's employee(s). The acceptable method for displaying a graffiti implement for sale is in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times, except during access by authorized representatives, remain securely locked.

(e) Penalties for violation of subsections (c) and/or (d).

1. Any and all violations of subsections (c) and/or (d) shall be punishable either as an infraction or a misdemeanor at the discretion of the city attorney. The following are the minimum penalties that shall be requested by the city:

a. Community service minimum sixteen hours per offense to maximum allowed by law.

b. Fine of fifty dollars per offense.

(f) Signs required. Any person engaged in the retail sale of aerosol pressurized containers of paint shall post in a conspicuous place signs in accordance with Penal Code section 594.1.

(g) Application of graffiti prohibited.

1. It is unlawful for any person to apply graffiti markings upon any surface of real or personal property, whether publicly or privately owned.

2. It is unlawful for any person to assist, aid, abet, allow, permit, or encourage another to violate the provision of this section, by words, overt act, failure to act, or by lack of supervision and control.

(h) Removal of graffiti.

1. No person owning or otherwise in control of any real property within the city shall permit or allow any graffiti to be placed upon or remain on such property when graffiti is visible from the street or other public or private property, for a period of fifteen days after the date of notice to abate by the city.

2. If there are sufficient funds, the city shall assist the property owner with removal of the graffiti by coordination of the labor (be it city employee(s), volunteers, city contractor, CYA, Calipatria State Prison Work Crew, community service workers, etc.).

3. If there are sufficient funds, the city shall furnish the supplies (paint, paint brushes, etc.) to remove said graffiti.

4. Donations will be requested to cover the cost of removing graffiti in the city of Brawley.

(i) Notice to abate-Compliance by owner. Whenever the city determines that graffiti exists on any surface in the city of Brawley which is visible from the street or other public or private property, the city, if there are sufficient funds, shall ask the property owner to sign a graffiti removal authorization form so that the city may remove the graffiti. The graffiti removal authorization form shall be provided by the city attorney of the city of Brawley. If the property owner will not sign the form or if there are not sufficient funds available for the city to supply the labor and supplies, then the city shall cause a notice to be issued to abate such nuisance. The property owner shall have fifteen days after the date of the notice to remove the graffiti or the property will be subject to abatement by the city.

(j) Service of notice. The notice to abate graffiti shall be served upon the owner(s) of the affected premises, as such owner's name and address appears on the latest equalized property tax assessment rolls of the county of Imperial. In addition, if there is a tenant using the premises, the notice shall also be served on said tenant. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this chapter may be served in any one of the following manners:

1. By personal service on the owner(s), occupant, or person in charge or control of the property.

2. By first class mail addressed to the owner at the last known address of said owner. If this address is unknown, the notice will be sent to the property. In addition, where the property is for rent/lease, a copy of the notice shall be delivered to the occupant.

(k) Removal by city.

1. Upon failure of a person to sign the graffiti removal authorization form and/or comply with the notice to abate by the designated date, or such continued date thereafter as the city approves, then the city is authorized and directed to cause the graffiti to be abated by city forces, volunteers, community service worker(s), or private contractor, and the city, its volunteers, community service workers, or its private contractor are expressly authorized to enter upon the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate graffiti shall be as close as practicable to background color(s).

2. When the graffiti has been abated by the city due to the refusal or failure of the owner to do so and refusal of the property owner to sign the graffiti removal authorization form, the owner shall reimburse the city for the total cost of the removal of the graffiti. The costs to be reimbursed include labor, material, preparation of specifications and contracts, and inspection.

If the amount billed to the property owner has not been paid within thirty days of the city's assessment, the city shall cause to be filed in the office of the recorder of the county of Imperial a notice of lien. Liens shall be collected at the time of sale or remodel in excess of fifty percent of the market value of the building.

3. The city's program for the removal of the graffiti, as noted in subsection (h), does not authorize nor will it undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located.

(l) Graffiti-Reward.

1. Pursuant to section 53069.5 of the Government Code, the city does hereby offer a reward of one hundred fifty dollars for information leading to the arrest and conviction of any person in violation of Penal Code Section 594 by the use of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violation to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

2. Claims for reward under this section shall be filed with the city. Each claim shall:

a. Specifically identify the date, location, and kind of property damaged or destroyed.

b. Identify by name the person who was convicted or confessed to the damage or destruction of the property.

c. Identify the court and the date upon which the conviction occurred or the place and the date of the confession.

3. No claim for a reward shall be allowed by the city council unless the city investigates and verifies accuracy of the claim and recommends that it be allowed.

4. The person committing the graffiti, or if an unemancipated minor, then the custodial parent of said minor, shall be liable for the reward paid pursuant to this section.

5. Although no law enforcement officer, municipal officer, official, or employee of the city shall be eligible for such a reward, the person committing the graffiti, or if an unemancipated minor, then the custodial parent of said minor, shall still be liable for the reward paid pursuant to this section. Said monies will go into the account designated for graffiti removal and prevention program.

6. This offer of reward shall remain open until the exhaustion of the total funds, or an earlier revocation of the offer by official action of the city council of the city of Brawley.

(m) Penalties for violation. This section applies to violations involving vandalism in violation of section 594 of the Penal Code by defacing property with paint or any other liquid.

Any and all violations of subsections (b) and (g) of this section shall be punishable. The following penalties shall be requested by the city for person(s) convicted of violating Penal Code section 594.

1. According to Vehicle Code section 13202.6 a driver's license may be suspended or delayed in issuance for one year for each conviction of graffiti as follows:

Conviction of person aged thirteen years of age or older for vandalism by defacing property with paint or any other liquid; suspension or delay of driving privilege; reduction of period for community service.

a. For each conviction of a person for any offense specified in this section, committed while the person was thirteen years of age or older, the court may suspend the person's driving privilege for one year. If the person convicted does not yet have the privilege to drive, the court may order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for any offense specified in this section in a twelve-month period after the conviction, the court, upon petition of the person affected, may modify the order imposing the delay of the privilege. For each successive offense, the court shall suspend the person's driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for an additional year.

b. Any person whose driving privilege is suspended or delayed for an act involving vandalism in violation of section 594 of the Penal Code, may elect to reduce the period of suspension or delay imposed by the court by performing community service under the supervision of the probation department. The period of suspension or delay ordered shall be reduced at the rate of one day for each hour of community service performed. For purposes of this paragraph, "community service" means cleaning up graffiti from any public property, including public transit vehicles.

c. As used in this section, the term "conviction" includes the findings juvenile proceedings specified in section 13105.

d. Whenever the court suspends driving privileges pursuant to this section, the court in which the conviction is had shall require all drivers' licenses held by the person to be surrendered to the court. The court shall, within ten days following the conviction, transmit a certified abstract of the conviction, together with any drivers' licenses surrendered, to the department.

e. When the court is considering suspending or delaying driving privileges pursuant to this section, the court shall consider if a personal or family hardship exists that requires the person to have a driver's license for his or her own, or a member of his or her family's, employment or medically related process.

f. The suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of any violation specified in this section.

2. Every person convicted of a violation of this section, shall be punished by a mandatory fine in accordance with Penal Code section 594.

3. The city will also request the court, in addition to the fines, order the offender to clean up graffiti or pick up litter at a time and place within the jurisdiction of the court as follows:

a. For a first conviction punishment pursuant to this section, the court shall require the offender to clean up graffiti or pick up litter for not less than eight hours.

b. For a second conviction punished pursuant to this section, the court shall require the offender to clean up graffiti or pick up litter for not less than forty-eight hours and no more than allowed by law.

c. For a third or subsequent conviction(s) punished pursuant to this section, the court shall require the offenders to clean up graffiti or pick up litter for not less than the maximum amount of hours allowed by law.

4. Every person convicted of a violation of this section shall be liable for any and all costs incurred by in connection with the removal of the graffiti, or the repair of any property containing graffiti, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages.

5. If a person is a minor, it will be requested by the city that the court have the parent(s) serve concurrent community service time removing graffiti with the offender, and pay all fines and reward(s) should the minor be unable to pay said fines and/or reward(s).

6. Should the person, or parent if the person is a minor, be unable to pay the fine, the court system may increase the amount of community service hours in lieu of a fine, by a formula to be determined by the court system.

7. All proceeds from fines, etc., shall go into a city of Brawley set-aside fund for the graffiti removal and prevention program.

(Ord. No. 93-11, §§ 2-16; Ord. No. 96-09 §§ 2-15)

(a) Definitions.

The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Cannabis" shall have the same meaning as set forth in Business and Professions Code § 19300.5(f) as the same may be amended from time to time.

(b) It is unlawful for any person to use or consume cannabis or any product that contains cannabis while such person is in or upon any building or facility owned, leased or occupied, by the city.

(c) It is unlawful for any person to use or consume cannabis or any product that contains cannabis while such person is in or upon any public park, street, alley, highway or other public place.

(d) It is unlawful for any person to possess cannabis or any product that contains cannabis while such person is in or upon any building or facility owned, leased or occupied by the city.

(Ord. No. 2017-05, § 1, 7-18-2017)