Chowchilla Municipal Code Ch. 9.04 Disturbing the Peace

It is unlawful for any person to maliciously and wilfully disturb the peace or quiet of any neighborhood or person by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight or fighting, or using any vulgar, profane or indecent language within the presence or hearing of any person, in a loud or boisterous manner within any building or structure or upon the grounds of any public school, public park or public recreational area.

(Ord. 280-77 § 1 (part), 1977: prior code § 13-12)

A. Prohibition. No person or group of people shall sit or lie down upon a public sidewalk, curb or street, or upon a blanket, chair, stool, or other object placed upon a public sidewalk, curb or street in the following areas:

1. The Robertson Boulevard District, which is defined as all parcels of real property which border on Robertson Boulevard within the city limits; the bordering streets and their adjacent sidewalks are considered to be within the restricted area.

B. Exceptions. The prohibitions of subsection A. shall not apply to any person or persons:

1. Who is sitting or lying down on a public sidewalk due to a medical emergency.

2. Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk.

3. Who is standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance, rally, demonstration, meeting or similar event conducted in accordance with this code or for which an appropriate permit has been duly issued by the city.

4. Who is sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner pursuant to a permit.

5. Who is sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.

Nothing in any of these exceptions shall be construed to permit any conduct which obstructs movement in public ways as prohibited in Section 9.04.022.

C. Penalty. Any person, after having been informed by law enforcement that the conduct violates this section and given an opportunity to stop the conduct, shall be charged with an infraction for the first violation subject to either affine or community service. Subsequent violations shall be charged as an infraction or misdemeanor at the discretion of the city attorney. Each violation shall constitute a separate charge.

D. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.

E. Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.

(Ord. 280-77 § 1 (part), 1977: prior code § 13-13)

(Ord. No. 466-13, § 2, 10-22-2013)

Editor's note— Ord. No. 487-17, § 1, adopted Nov. 14, 2017, repealed former § 9.04.021, which pertained to camping prohibited, and derived from Ord. No. 464-13, § 1, adopted Sept. 10, 2013. See Chapter 9.05.

A. Prohibition. No person shall occupy any portion of a public street, sidewalk, curb or other public place so as to obstruct or interfere with the flow of pedestrian or vehicular traffic thereon, whether such person does so alone or together with one or more persons, or with equipment or personal property of any nature, and whether such person does so by standing, sitting, lying or in any other manner.

B. Penalty. Any person, after having been informed by law enforcement that the conduct violates this section and given an opportunity to stop the conduct, shall be charged with an infraction for the first violation subject to either a fine or community services. Subsequent violations shall be charged as an infraction or misdemeanor at the discretion of the city attorney. Each violation shall constitute a separate charge.

C. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.

D. Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.

(Ord. No. 466-13, § 2, 10-22-2013)

Editor's note— Ord. No. 466-13, § 2, adopted Oct. 22, 2013, set out provisions intended for use as § 9.04.021. At the editor's discretion, to prevent duplication of section numbers, these provisions have been included as § 9.04.022.

A. No person shall drive a motorcycle or motor-driven vehicle, as such vehicles are defined in the California Vehicle Code, including, but not limited to, motor scooters, motor-bikes, and minibikes, upon any property which is not a public street, or a private street approved by the city.

B. Exceptions. This section shall not apply where such vehicle is being driven upon property by the resident, regular occupant, or authorized visitor for the purposes of ingress or egress to such property.

C. Declaration Regarding Necessity for Section. This section is declared to be necessary in order to protect the public health, safety, peace and general welfare of the citizens of the city for the following reasons:

1. Noise emitted by motorcycles, motor-driven cycles and similar vehicles creates a substantial nuisance far in excess of other contributions to the normal noise level of the surrounding environment;

2. Such activity is primarily conducted as a recreational or leisure time pursuit, often by large numbers of drivers and passengers, and has no relationship to the economic use of the land or property being utilized by the owners;

3. Often such activity is a trespass upon private or public property;

4. Existence of such activity creates undue hardship on residents and citizens throughout the community due to excessive noise conditions;

5. Control of such activity through existing laws relating to trespass, nuisance, noise conditions, zoning and traffic are cumbersome, impractical and ineffective.

(Ord. 280-77 § 1 (part), 1977: prior code § 13-14)

Any person violating any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be subject to punishment as provided in Chapter 1.16 of this code.

(Ord. 280-77 § 1 (part), 1977: prior code § 13-15)