Butte County Municipal Code § 15-30 Regulation of possession and discharge of air guns and slingshots—Definitions

(a) Definitions. In this section:

(1) "Curfew hours" means:

a. 10:00 p.m. (Pacific Standard Time) or 11:00 p.m. (Pacific Daylight Savings Time) until 5:00 a.m. (Pacific Standard Time or Pacific Daylight Savings Time, whichever is in effect) of the following day.

b. Reserved.

(2) "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or 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 operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

(4) "Guardian" means:

a. A person who, under court order, is the guardian of the person of a minor; or

b. A public or private agency with whom a minor has been placed by a court.

(5) "Minor" means any person under eighteen (18) years of age.

(6) "Operator" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

(7) "Parent" means a person who is:

a. A natural parent, adoptive parent, or stepparent of another person;

b. At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

(8) "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.

(9) "Remain" means to:

a. Linger or stay; or

b. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

(10) "Serious bodily injury" means that as defined within California Penal Code Section 243(f)(5).

(b) Offenses.

(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the county during curfew hours.

(2) A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the county during curfew hours.

(3) The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

(c) Defenses.

(1) It is a defense to prosecution under subsection (b) that the minor was:

a. Accompanied by the minor's parent or guardian;

b. On an errand at the direction of the minor's parent or guardian, without any detour or stop;

c. In a motor vehicle involved in interstate travel;

d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

e. Involved in an emergency;

f. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the sheriff's department about the minor's presence;

g. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by any governmental agency in the County of Butte, a civic organization or other similar entity that takes responsibility for the minor, or going or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the County of Butte, a civic organization, or another similar entity that takes responsibility for the minor;

h. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and right of assembly; or

i. Married or had been married or had disabilities of minority removed in accordance with Part 6 of Division 11 of the California Family Code, commencing with Section 7000.

(2) It is a defense to prosecution under subsection (b)(3) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(d) Enforcement.

(1) Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. 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 subsection (c) is present.

(2) Reserved.

(e) Penalties.

(1) A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00).

(2) Reserved.

(Ord. No. 3146, § 2, 7-6-94; Ord. No. 3240, § 2, 1-23-96)

Editor's note—Section 2 of Ord. No. 3146, adopted July 6, 1994, amended this section to read as herein set out. Formerly, § 15-2.1 pertained to loitering by minors during certain hours prohibited and exceptions and derived from § 1 of Ord. No. 781.

Editor's note—Section 3 of Ord. No. 3146, adopted July 6, 1994, repealed § 15-2.2 in its entirety. Formerly, § 15-2.2 pertained to permitting, aiding or abetting loitering by minors during certain hours and derived from § 2 of Ord. No. 781. See § 15-2.1 herein for current provisions regarding curfew hours.

Editor's note—Section 3 of Ord. No. 3146, adopted July 6,1994, repealed § 15-2.3 in its entirety. Formerly, § 15-2.3 pertained to penalty for permitting, aiding or abetting loitering by minors during certain hours and derived from § 3 of Ord. No. 781. See § 15-2.1 herein for current provisions regarding curfew hours.

Editor's note—Section 3 of Ord. No. 3146, adopted July 6, 1994, repealed §§ 15-3—15-5. Formerly, § 15-3 pertained to loitering by minors during certain hours, when violation of such is presumed to be assisted, etc., by parent or guardian and derived from § 2 of Ord. No. 598; § 15-4 pertained to loitering by minors during certain hours, arrest for violation, parent or guardian to appear, and derived from § 2 of Ord. No. 598; and § 15-5 pertained to loitering by minors during certain hours, arrest for violation, parent or guardian to appear, how notice is served, and derived from § 2 of Ord. No. 598. See § 15-2.1 herein for current provisions regarding curfew hours.

It is unlawful for any person, other than a public employee in the discharge of his duties, to cut, move, change, injure, deface or in any manner interfere with any wire, insulator, pole, guy or other apparatus belonging to any fire alarm or sheriff's, constable's or police signal system in the county.

(Code 1952, § 42)

It is unlawful to write upon, mark or deface any wall, tower, or other part of any building owned or controlled by the County of Butte or fence surrounding or approach to such building or electrolier pole or mast used for the transmission of electricity owned or controlled by the county or being used to furnish the county electricity or to affix or attach thereto any written or printed matter.

(Code 1952, § 40)

It is unlawful to cover up, destroy, remove or deface any monument erected by the county without the consent of the board of supervisors first had and obtained.

(Code 1952, § 41)

It shall be unlawful for any person in an intoxicated condition to appear or be in or around a motor vehicle or upon any public highway, street, alley, square or other public place in the county, outside any incorporated city or town in the county.

(Code 1952, § 101)

Cross reference— Operating boat while under influence of alcohol, § 7-15; persons in dance halls and skating rinks under the influence of liquor, § 9-9; pawnbrokers and secondhand dealers dealing with intoxicated persons, § 11-2.

It shall be unlawful for any person in an intoxicated condition to intrude upon or be in or remain in or upon the premises or property of another, outside of any incorporated city or town in the county, without the express permission and consent of the person lawfully in possession of such premises or property.

(Code 1952, § 101)

It shall be unlawful for any person knowingly to falsify or conceal any fact or make any false or fraudulent statement or misrepresentation in any matter of proceeding within the jurisdiction of any department or agency of the county.

(Ord. No. 703, § 1)

It shall be unlawful for any person to knowingly use any false or misleading writing or document in any matter or proceeding within the jurisdiction of any department or agency of the county.

(Ord. No. 703, § 2)

"Gambling" is defined to be the playing of any game with cards or otherwise, or the playing of any contrivance or device, mechanical or otherwise, for money, credit, merchandise or other things of value.

It is unlawful to gamble in the county or for a person to permit gambling on any premises occupied, leased or owned by him or under his control, except as otherwise provided in this chapter.

(Code 1952, § 46; Ord. No. 1789, § 1, 2-1-77)

It shall be unlawful for any person to:

(a) Loiter or stand in or upon any public highway, alley, sidewalk or cross-walk, or other public way open for pedestrian travel or otherwise occupy any portion thereof in such a manner as unreasonably to annoy or molest any pedestrian thereon, or as to obstruct or unreasonably interfere with the free passage of pedestrians.

(b) Sit, lie, sleep in or upon any public highway, alley, sidewalk or cross-walk or other public way for pedestrian travel, unless:

(1) Necessitated by the physical disability of the person,

(2) Reasonably necessary in order to view a legally conducted parade, or

(3) On a bench lawfully installed for such purpose.

(c) Loiter, stand, or sit in or at the entrance of any church, hall, theatre, moving picture theatre, store, or place of public assemblage so as to obstruct such entrance.

(d) Loiter about any school or public place at or near which school children attend.

(Code 1952, § 95; Ord. No. 1075, § 1, 1-27-70)

Editor's note—Ord. No. 1075, § 1, amended § 15-14 to read as set out. Formerly the section pertained to loitering, standing or sitting in or upon any public highway, alley, sidewalk or crosswalk.

(a) Definition. "Litter" is defined as any quantity of paper, metal, plastic, glass or miscellaneous solid waste which may be classed as trash, debris, rubbish, refuse, garbage or junk.

(b) Unlawful Acts. It shall be unlawful for any person to:

(1) Leave or permit to remain on any public highway, alley, sidewalk, crosswalk or other public way open for pedestrian travel any merchandise, baggage or any article of personal property; however, the foregoing does not apply to any temporary rack or stand used for the purpose of displaying newspapers for sale, while such rack or stand is so used, if such rack or stand does not occupy any portion of the highway set aside for vehicular use and such rack or stand does not cover an area exceeding ten (10) square feet.

(2) Deposit or throw any litter on any public highway or sidewalk, or on any private property without the consent of the owner or persons in lawful possession thereof.

(3) To transport any loose cargo by truck or other motor vehicle within the corporate limits of the county unless said cargo is covered and secured in such manner as to prevent depositing of litter on public and private property.

(Code 1952, § 95; Ord. No. 1075, § 2, 1-27-70; Ord. No. 2058, § 1, 10-23-79)

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 violation or fear, to quit his or her employment or to refrain from seeking or freely entering into employment.

(Code 1952, § 95)

It is unlawful for any person to beset or picket the premises of another or any approach thereto, for the purpose of inducing others, by means of compulsion, coercion, intimidation, threats, acts of violence or fear, to refrain from entering such premises or to refrain from patronizing, negotiating with or transacting, business with the owner or occupant of such premises.

(Code 1952, § 95)

It is unlawful for any person, in association or agreement with one or more persons, to assemble, congregate, or meet together in the vicinity of any premises where other persons are employed or seek employment or upon the streets, highways, approaches or places adjacent thereto, for the purpose of inducing such employees, or persons 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.

(Code 1952, § 95)

It is unlawful for any person, in association or agreement with one or more persons, to assemble, congregate or meet together in the vicinity of the premises of another or upon the streets, highways or approaches thereto, for the purpose of inducing others, by means of compulsion, coercion, intimidation, threats, acts of violence or fear, to refrain from entering such premises or to refrain from patronizing, negotiating with or transacting business with the owner or occupant of such premises.

(Code 1952, § 95)

It is unlawful for any person to utter to or within the hearing of, another, any derogatory, indecent, opprobrious epithets or language or to make any loud or unusual noise or to speak in a loud or unusual tone or to cry out or proclaim or to use any gestures for the purpose of inducing any persons, by means of compulsion, coercion, intimidation, threats, acts of violence or fear, to quit his or her employment or refrain from seeking or freely entering into employment or to refrain from patronizing, negotiating with or transacting business with any other person.

(Code 1952, § 95)

It is unlawful for any person to display signs, banners or inscriptions on automobiles or other vehicles or bulletin boards, with any words, phrases or signs intending to incite riots or disorder or which said inscriptions are seditious or which in anywise tend to create or provoke or do create or provoke a breach of peace.

(Code 1952, § 95)

Nothing herein contained shall be deemed or held to prohibit peaceful picketing, nor to prohibit labor from attempting to accomplish its aims in trade disputes by other peaceable means, including collective bargaining.

(Code 1952, § 95)

It shall be unlawful for any person to keep or carry on or become an inmate of, or a visitor to, or to in any way contribute to the support of, any house of ill fame or prostitution in the county or to aid or assist or be engaged in carrying on or causing prostitution or to induce or attempt to induce or by any solicitation, prostitution to be carried on in any house, room or place in the county or to solicit by word, act, gesture, sign or otherwise any person for the purpose of prostitution.

(Ord. No. 673, § 1)

It shall be unlawful for any person in the county engaged in conducting any lodging house, rooming house, apartment house, motel or hotel to knowingly permit any person to lodge therein without first requiring him to register his true name and address in a register kept for that purpose or to let any room therein for the purpose of prostitution or to knowingly allow any room to be used, or for any person occupying any room in any lodging house, apartment house or motel or hotel, to refuse to register as herein provided or to enter such room for the purpose of prostitution.

(Ord. No. 673, § 2)

The county hereby offers a reward of fifty dollars ($50.00) for the giving of information leading to the arrest and conviction of any person for a violation of section 374b of the Penal Code of the state, relating to the deposit of offensive matter, etc., on roads or on private property. Such reward shall be paid upon order of the board of supervisors of the county upon and after recommendation for such payment by the district attorney of the county.

(Ord. No. 609, § 2)

It is unlawful for any person to utter, publish or use any seditious language, words, remarks or epithets, or to address to another, any such language, words, remarks or epithets, which create or provoke, or tend to create or provoke, a breach of peace.

(Code 1952, § 95)

The board of supervisors of the county finds, on the basis of local employment conditions, the state of the county jail facilities, and other pertinent circumstances considered by this board, that the operation of section 1208 of the Penal Code of the state, providing for the operation of a work furlough plan for county jail prisoners, is feasible in the county.

The sheriff-coroner of the county is hereby designated as the officer who shall perform the functions of the work furlough administrator.

(Ord. No. 889)

Pursuant to Penal Code section 1208.5, the board of supervisors delegates to the sheriff of the county the authority to enter into agreements to transfer prisoners to and from Butte County and other counties that maintain work furlough programs. However, when receiving a prisoner from another county, the sheriff shall not accept such prisoner unless the County of Butte is fully reimbursed for any expenses incurred in accepting the prisoner; and when transferring a prisoner to another county, the County of Butte shall not transfer a prisoner to a county that requires, as a prerequisite to participation in the program, payment to said county of a sum in excess of the current daily expense rate applied by the federal government to federal prisoners incarcerated in said county.

(Ord. No. 2077, § 1, 2-19-80)

The county hereby offers a reward of two hundred fifty dollars ($250.00) for the giving of information leading to the apprehension and conviction of any person or persons for the theft of or the willful and malicious destruction of or damage to any county property including, but not limited to, roads, signs, equipment or buildings. Such reward shall be paid upon order of the board of supervisors of the county upon and after recommendations for such payment by the district attorney of the county, and the board of supervisors shall be the sole judge of the party or parties entitled to receive any reward.

(Ord. No. 984, § 1; Ord. No. 1816, § 1, 3-29-77)

The county hereby offers a reward of two hundred fifty dollars ($250.00) for the giving of information leading to the apprehension and conviction of any person or persons placing, depositing or dumping, or causing to be placed, deposited or dumped, any garbage, swill, cans, bottles, papers, ashes, refuse, carcass of any dead animal, offal, trash or rubbish or any noisome, nauseous or offensive matter, or any rocks or dirt, in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or other public property other than property designated or set aside for such purpose by the governing board or body having charge thereof, or any private property, or into any bay, lagoon, channel, river, creek, slough, canal, lake or reservoir, or other stream or body of water or upon a bank, beach or shore within one hundred fifty (150) feet of the high-water mark of any such water. Such reward shall be paid upon order of the board of supervisors of the county upon and after recommendations for such payment by the district attorney of the county, and the board of supervisors shall be the sole judge of the party or parties entitled to receive any reward.

(Ord. No. 988, § 1; Ord. No. 1816, § 2, 3-29-77)

For the purposes of this section, an "air gun" shall be any device which propels a BB shot or pellet by means of one or more compressed springs, or any compressed air, carbon dioxide or other gas. Such devices are commonly known as BB guns or pellet guns. A "slingshot" is a hand-held device which utilizes elastic material to propel a missile.

(Ord. No. 1748, § 2, 8-31-76)

It shall be unlawful to carry upon any public road or highway any such device when it contains its shot.

(Ord. No. 1748, § 2, 8-31-76)

It shall be unlawful to discharge any air gun or slingshot:

(a) From, onto or across a public road or highway.

(b) Onto or while upon the private property of another without the owner's consent.

(Ord. No. 1748, § 2, 8-31-76)

Anyone violating the provisions of sections 15-30.1 and 15-30.2 shall be guilty of an infraction and shall be subject to a fine not to exceed one hundred dollars ($100.00).

(Ord. No. 1748, § 2, 8-31-76)

The County of Butte is exempt from the provisions of the Solar Shade Control Act, originally established by chapter 1366 of the Laws of 1978 (the exemption is pursuant to the authority of Public Resources Code section 25985).

(Ord. No. 1998, § 1, 1-23-79)

The health department, after investigation, may declare any animal carcass on private property to be a public nuisance and shall notify the property owner of said declaration. The property owner shall remove or bury the animal carcass within twenty-four (24) hours of receipt of said notice.

If the animal carcass is not removed or buried within the twenty-four (24) hour period, the health department shall enter upon the property and abate the nuisance.

If the health department is unable to locate the owner at the last-known address as reflected on the latest assessment roll, and if the health department determines that the carcass may be a potential health hazard, the health department may enter upon the property to abate the nuisance.

In abating the nuisance, the health department may utilize its own employees or contract to have the work done. The cost of such abatement shall be determined and levied pursuant to section 32A-9 and section 32A-10 of the Butte County Code.

(Ord. No. 2126, § 1, 7-22-80)

(a) The county declares that it desires to qualify to receive aid from the State of California under the provisions of section 13522, chapter 1, of title 4, part 4, of the California Penal Code.

(b) Pursuant to section 13510(c), chapter 1, the county will adhere to standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (P.O.S.T.).

(c) Pursuant to section 13512, chapter 1, the commission and its representatives may make such inquiries as deemed appropriate by the commission to ascertain that the county's public safety dispatcher personnel adhere to standards for selection and training established by the commission on peace officer standards and training.

(Ord. No. 2725, §§ 1—3, 12-13-88)

Editor's note—The county instructed that Ord. No. 2725, adopted Dec. 13, 1988, not specifically amendatory of the Code, be included. The editor has included §§ 1—3 as § 15-33.