Buellton Municipal Code Ch. 9.24 Miscellaneous Offenses

The public roads and public property within the city should be readily accessible to residents and the public at large. The use of these areas for camping purposes interferes with the rights of others to use these areas for the purposes for which they were intended. The purpose of this section is to maintain public roads and public property within the city in a clean and accessible condition for the benefit of the public at large.

(Ord. 11-01 § 4, 2011)

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this section.

"Camp"

means to pitch or occupy camp facilities; to use camp paraphernalia.

"Camp facilities"

include, but are not limited to, tents, huts or temporary shelters.

"Camp paraphernalia"

includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city designated cooking facilities and similar equipment.

"Public property"

means all property owned or controlled by the city.

"Road"

means any highway, street, alley or way owned, controlled or maintained by the city for the purpose of travel.

"Sleep"

means the natural, regularly recurring rest for the body, during which there is little or no conscious thought.

"Temporary shelter"

means any shelter not authorized by, or approved by, the city building department for permanent occupancy.

"Vehicle"

means the same as defined in Chapter 10.04 of this code.

(Ord. 11-01 § 4, 2011)

It is unlawful for any person to sleep or camp between the hours of one half hour after sunset of one day and 6:00 a.m. of the next day, whether inside or outside of a vehicle in or on any:

A. Public road; or

B. Public property, except that vehicles may be parked in and used for overnight sleeping in parking lots on city-owned property if the following conditions are met:

1. The city has entered into a management agreement under which the contracting party agrees to assume administration and management of a program to oversee such use of city-owned property.

2. The management agreement referenced above satisfies all city concerns regarding liability, due process, evictions, fair housing notice and employee safety, and specifically states the location and number of vehicles permitted at that location.

3. All vehicle occupants enter into a written agreement with the contracting party in a form approved by the city and comply with all terms and conditions of that agreement.

(Ord. 11-01 § 4, 2011)

Notwithstanding the prohibition against sleeping on a public road as set forth in Section 9.24.030(A), it is not the intent of this chapter to prohibit persons, when necessary for their safety or the safety of others, to pull off the public road and sleep, whether inside or outside their vehicles.

(Ord. 11-01 § 4, 2011)

The terms and provisions of this section shall be enforced by the sheriff.

(Ord. 11-01 § 4, 2011)

A. The term "watercourses" means and includes streams, creeks, arroyos, gulches, washes and the beds thereof, whether containing water or dry.

B. It is unlawful for any person to construct or maintain, or to permit to be constructed or maintained, in any watercourse, any building or structure which obstructs, prevents or diverts, or tends to obstruct, prevent or divert the normal, natural and ordinary flow of water in such watercourse, or which at any time may be therein, in such manner as to endanger, or tending to endanger public property, including bridges, roads, buildings, structures or facilities, or the lands, crops, buildings or structures of other persons.

(Ord. 11-01 § 4, 2011)

It is unlawful for any person to dump or place, or to permit to be dumped or placed, deposited or accumulated in any watercourse, on private property, any debris, garbage, rubbish, trash, brush, timber, waste products or any combustible or incombustible material or commodities whatsoever, which obstructs, prevents, diverts, or tends to obstruct, prevent or divert the normal, natural or ordinary flow of water in such watercourse, or which at any time may be in such watercourse.

(Ord. 11-01 § 4, 2011)

It is unlawful for any person, other than a peace officer acting in his or her official line of duty, to shoot, fire or discharge, or for any person to cause or permit to be shot, fired or discharged in the city lying within one-half mile of the boundaries of any school, college or university, any rifle, shotgun, pistol, revolver or other firearm, except when it may be necessary to do so to protect life or property or to destroy or kill any predatory or dangerous animal, and except at any established shooting range.

(Ord. 11-01 § 4, 2011)

The city council hereby finds and determines as follows:

A. It is the policy of the city that the public parks and places hereof shall be available for the use and enjoyment of the public to the maximum extent possible.

B. It is further the policy of the city that members of the public are entitled to use the public parks and places hereof without being subjected to offensive conduct by other members of the public.

C. The presence of persons in a state of nudity in public places, places open to the public, and places open to public view whether such places are publicly or privately owned, tends to discourage the use and enjoyment of the parks and places of this city, creates a nuisance, and is offensive to members of the public who wish to use and enjoy such public parks and places.

D. The presence of persons in a state of nudity in public places, places open to the public, and places open to public view whether such places are publicly or privately owned, is offensive to persons residing in the vicinity of such places and interferes with such residents' comfortable enjoyment of their property.

E. The presence of persons in a state of nudity in public places, places open to the public and places open to public view whether such places are publicly or privately owned, creates a nuisance and is offensive as set forth hereinabove even when such nudity is not sexually motivated and is not otherwise lewd.

F. The prohibition of nude persons from public places, places open to the public, and places open to public view whether such places are publicly or privately owned is necessary to preserve and maintain the public order and the general welfare of the citizens of this city.

G. It is the intent of the city council to prohibit nudity in public places, places open to the public, and places open to public view whether such places are publicly or privately owned, even when such nudity is not sexually motivated or otherwise lewd.

(Ord. 11-01 § 4, 2011)

A. It is hereby declared a public nuisance and unlawful for any person to appear on any park, street or in any other public place or place open to the public or exposed to public view, including specifically a view from any private residence or any portion of the real property in the immediate vicinity of such private residence, whether such place is publicly or privately owned, unclothed or in such a state of undress as to expose, in the case of a female, any portion of her breasts below the areolas thereof or in the case of any male or female, any part of his or her pubic or anal region or genitalia.

B. The provisions of this section shall not apply to any acts which take place wholly within a fully enclosed building or any portion thereof; and nothing contained herein shall be construed to prohibit any act or acts which are expressly authorized or prohibited by the Penal Code of the state.

C. Violations of this section shall be an infraction punishable by a fine in the sum of $50 for a first violation; a fine in the sum of $100 for a second violation of this section within one year after the first violation; and a fine in the sum of $250 for each additional violation within one year after a second violation and within one year after any subsequent violation of this section thereafter.

(Ord. 11-01 § 4, 2011)

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons or places. The city council hereby declares that it would have adopted this chapter, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions, or the application thereof to any person or place be declared invalid or unconstitutional.

(Ord. 11-01 § 4, 2011)

The city council hereby finds and determines as follows:

A. In several locations in the city unimproved areas of land exist in close proximity to lands developed to residential uses.

B. Persons lawfully occupying lands for residential purpose have the right to quiet and peaceful enjoyment of their homes and grounds. Persons lawfully on unimproved lands have the right not to have their lives, limbs and properties endangered by operation of motor vehicles on such lands.

C. Many persons drive motor vehicles of many kinds, including passenger cars, vans, trucks, dune buggies, motorcycles and off-road vehicles onto such unimproved lands and operate such motor vehicles on such lands so as to create substantial nuisances to nearby residents including, but not limited to large amounts of dust and excessive exhaust noise. Such persons, furthermore, often operate such motor vehicles so that they endanger the lives, limbs and property of other persons on such lands.

D. The climatic and geographic conditions in the city tend to increase the secondary effects of such motor vehicles operated in and around unimproved property and near sensitive habitats. These climatic and geographic conditions and sensitive habitats in the city include dry inland areas, pristine forests, wildlife refuges, critical chaparral areas with long recovery times following surface damage, sensitive watersheds, watercourses, wetlands and coastal environments.

E. Local, state and federal agencies have designated and set-aside specific areas, trails and routes for the express purpose of allowing the safe and non-offensive recreational use of off-road vehicles.

F. State laws making trespassing on private property breaches of the peace, and other activities which occur on such lands misdemeanors, have not proved effective in controlling and terminating such motor vehicle activities on unimproved lands, whether public or privately owned.

G. It is the intent of the city council to prohibit activities of motor vehicles on unimproved lands, whether public or privately owned, which create dust and noise nuisances to nearby residents, which endanger lives, limbs and property of persons lawfully on such unimproved lands, and which endanger sensitive habitats located on such unimproved lands, in order to protect and preserve the public peace, safety and welfare.

(Ord. 11-01 § 4, 2011)

A. It is unlawful for any person willfully to drive any motor vehicle as that term is defined in the Vehicle Code upon unimproved portions of real property in the city, whether public property, or property belonging to or lawfully occupied by another, without the express permission of the owner, the owner's agent or the person in lawful possession of said real property.

B. "Unimproved" for the purposes of this section means real property upon which there exists no structures occupied by any public agency, the owner of the real property, the owner's agent, persons in lawful possession of said real property or persons who have the permission of the owner, the owner's agent or the person in lawful possession of said real property.

C. These provisions affecting motor vehicle use on unimproved portions of real property shall not apply to any areas in the city which are directly authorized by a conditional use permit, or otherwise, under city zoning ordinances to permit motorcycle, off-road vehicle or motor vehicle racing use or uses.

D. These provisions affecting motor vehicle use on unimproved portions of real property shall not apply to the use of motor vehicles for agricultural purposes, as defined by Civil Code Section 3482.5, vehicles being used for governmental purposes, or the direct crossing of unimproved property from a roadway or trail designated for motor vehicle use in order to remain on said roadway or trail.

(Ord. 11-01 § 4, 2011)

A. It is unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified.

B. Any person so convicted shall be:

1. Guilty of an infraction offense and punished by a fine of $100 for a first violation;

2. Guilty of an infraction offense and punished by a fine of $200 for a second violation within one year;

3. The third and any additional violations within one year shall constitute a misdemeanor offense and shall be punishable by a fine of $1,000 or six months in jail, or both.

(Ord. 11-01 § 4, 2011)

No material which is harmful to minors, as defined in Section 313 of the Penal Code of the state, shall be displayed in a public place, other than a public place from which minors are excluded, unless blinder racks are placed in front of the material so that the lower two-third of the material is not exposed to view.

(Ord. 11-01 § 4, 2011)

It is unlawful and a misdemeanor for any person to urinate or defecate in or upon any street, sidewalk, alley, plaza, park, public building or public maintained facility, or any place open to the public or exposed to public view. This section shall not be construed so as to prohibit the use for urination or defecation the law-fully constructed restroom facilities designed for the sanitary disposal of human waste.

(Ord. 11-01 § 4, 2011)