Clovis Municipal Code Art. 5 Nuisance Related Activities

It shall be unlawful for a person to stand or sit idly in or upon any street or sidewalk in a manner that hinders or obstructs the passage of persons passing along the same, or stand in or at the entrance of or approach to any church, hall, theater, public place, or public assemblage in any manner to obstruct such entrance or approach.

(§ 1, Ord. 14-02, eff. March 5, 2014)

No person shall engage upon public or private property in any conduct annoying or injurious to persons passing by on public streets, sidewalks, and other public property or, whenever a street, sidewalk, or other public property is obstructed by a crowd, fail or refuse to disperse or move when directed so to do by any peace officer.

(§ 1, Ord. 14-02, eff. March 5, 2014)

No person shall make in any public place, or suffer to be made on his/her premises or upon the premises under his/her control, any disorder or tumult to the disturbance of the public peace; and no person shall utter in the presence of two (2) or more persons lewd or obscene words or epithets or address to another any words, language, or expressions having a tendency to create a breach of the peace. “Disturbance” and “breach of the peace” mean causing an annoyance or engaging in disorderly conduct or interfering with the peace and order of a neighborhood, community, or meeting.

(§ 1, Ord. 14-02, eff. March 5, 2014)

A gathering of ten (10) or more persons on any public or private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law shall be considered a nuisance subject to the abatement and cost recovery procedures set forth in Chapters 28 and 29 of Title 5 and any other available enforcement mechanisms. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace, litter. In addition to the remedies provided for in Chapter 28 of Title 5, a gathering constituting a public nuisance may be abated by the City by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable local laws and State statutes.

(§ 1, Ord. 14-02, eff. March 5, 2014)

No person, except with legal authorization or authority, shall disturb or interrupt any school procession, funeral or funeral procession, or any lawful procession, church service, or assembly of people.

(§ 1, Ord. 14-02, eff. March 5, 2014)

No person shall evacuate their bowels or bladder in any public place, or upon any private property, at a place not provided for that purpose.

(§ 1, Ord. 14-02, eff. March 5, 2014)

No person shall bathe or swim in any ditch or canal within the City.

(§ 1, Ord. 14-02, eff. March 5, 2014)

It is unlawful for any person to operate, conduct, maintain, promote, or participate or engage in any motor vehicle race within the City, unless such race is expressly allowed by City permit or occurs in a facility permitted for such activity. For the purposes of this section, “motor vehicle” shall mean any vehicle which is self-propelled and shall include without limitation any automobile, racing car, motorcycle, or other self-propelled vehicle, whether or not the same is licensed by the State to operate on public streets. “Motor vehicle race” shall mean any race, speed, or other contest involving one or more motor vehicles or in which a motor vehicle is timed for operation over a measured distance.

(§ 1, Ord. 14-02, eff. March 5, 2014)

(a) Prohibited acts. It is unlawful for any person who is a member of a criminal street gang, as that term is defined in California Penal Code Section 186.22(f), or who is in the company of or acting in concert with a member of a criminal street gang, to loiter or idle in a public place as defined in this section under any of the following circumstances:

(i) With the intent to publicize a criminal street gang’s control or dominance over certain territory in order to intimidate nonmembers of the gang from entering, remaining in, or using the public place or adjacent area.

(ii) With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.

(iii) In such a manner that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable the criminal street gang to establish control or dominance over the public place or adjacent area, to intimidate nonmembers of the gang from entering the public place or adjacent area, or to conceal unlawful activity.

(b) Public place. For purposes of this section, a “public place” means the public way and any other location open to the public, whether publicly or privately owned, including but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment, office building, transport facility, shop, or privately owned place of business to which the public is invited, including any place of amusement, entertainment, or eating place.

“Any public place” also includes the front yard area, driveway and walkway of any private residence, business, or apartment.

(c) Powers of law enforcement officers not limited. Nothing in this section shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention or arrest as such law enforcement officer would be permitted to make in absence of this section.

(d) Parental control. Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits or by insufficient control allows a minor to violate the provisions of this chapter is guilty of a misdemeanor subject to the penalties set forth in Section 1.2.01.

(e) Penalties: Notice to disperse. Any person who violates a provision of this section is guilty of a misdemeanor subject to the penalties set forth in Section 1.2.01. Minors shall be dealt with in accordance with the California Welfare and Institutions Code and in accordance with any policies and procedures established by the City for handling juvenile cases.

Prior to arresting any person or issuing a citation for violating the provisions of this section, the officer shall give the person an opportunity to disperse or remove themselves from the area. If the person does not leave or returns to the area during the following eight (8) hours, the person may be arrested or issued a citation.

The requirement in this section to provide notice to disperse shall in no way be construed to prohibit police officers from detaining and questioning persons suspected of violating this chapter before issuing the notice to disperse.

(§ 1, Ord. 14-02, eff. March 5, 2014)

(a) Sleeping and camping in public and certain private places prohibited. It shall be unlawful for any person to sleep or camp:

(i) In or on any public right-of-way, including any street, alley, roadway, accessway, median, irrigation canal or embankment;

(ii) In or on any public park or trail or upon the grounds of any public facility or property, whether improved or unimproved;

(iii) Upon any unimproved private lot unless such use is with the permission of the owner and permissible under the City’s zoning ordinance; or

(iv) Upon the premises of any private, commercial or industrial property unless such use is with the permission of the owner and permissible under the City’s zoning ordinance.

(b) Camp defined. For purposes of this section, “camp” shall mean an outdoor place for eating, cooking or sleeping, and includes, but is not limited to:

(i) The use of camping facilities such as tents, tarpaulins, or temporary shelters;

(ii) The use of sleeping bags, cots, beds, or hammocks;

(iii) The use of park benches, recreation equipment or similar structures; or

(iv) The use of any parked vehicle, including an automobile, bus, truck, camper, trailer or recreational vehicle.

(c) Exceptions. The following activities shall not be considered a violation of this section:

(i) Sleeping or recreational camping in any public park between the hours of 7:00 a.m. and 10:00 p.m.; and

(ii) Camping in public parks between the hours of 10:00 p.m. and 7:00 a.m. in areas set aside for overnight camping.

For purposes of this section, the following shall not be considered recreational camping; a camp established with the intent to:

(i) Lodge or reside at that location;

(ii) Remain in that location or park overnight; or

(iii) Remain for a period of more than one consecutive day.

(d) Remedies for violation. In addition to any other remedy or enforcement mechanism, any camp in violation of this section is declared to be a public nuisance, and the Chief of Police or his/her designee, upon a determination that such camp constitutes an immediate threat to the health, safety or welfare of persons in the City, including persons using the camp, is authorized to remove the camp. If persons are occupying the camp at the time, then before removing the camp, the Chief of Police or his/her designee shall warn the person or persons occupying the camp that they are in violation of this section and shall give them the opportunity to remove the camp.

(§ 1, Ord. 14-02, eff. March 5, 2014)

(a) No person shall possess or use dangerous or illegal fireworks as defined in the State Fireworks Law, Sections 12500 et seq.

(b) Upon identification of possession or use of dangerous or illegal fireworks, City Code enforcement officers and any law enforcement or fire agency designated by the Police Chief or Fire Chief may issue an administrative citation of one thousand and no/100ths dollars ($1,000.00) per occurrence to all responsible person(s) as set forth in Sections 1.7.08 and 4.7.10.

(c) Responsible person(s) for purposes of this section includes:

1. The person(s) who owns, rents, leases, or otherwise has possession of the residence or other private property;

2. The person(s) in immediate control of the residence or other private property; and

3. The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal possession of dangerous or illegal fireworks.

(d) There is no requirement that the City provide advance notice to the responsible person(s) prior to issuing an administrative citation. Responsible person(s) shall be deemed to know the law as is the common standard for Code violations. Further, fireworks violations create an immediate danger to the public health, safety and welfare for which immediate correction is required. Additionally, fireworks violations are noncontinuing violations for which it is not possible or practical to provide prior notice and an opportunity to correct.

(§ 1, Ord. 16-12, eff. June 15, 2016)

(a) No person shall obstruct a street, sidewalk, or other public right-of-way by storing, maintaining, or placing personal property as follows:

1. In a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time;

2. Within ten (10) feet of any operational or utilizable driveway or loading dock;

3. Within five (5) feet of any operational or utilizable building entrance or exit;

4. Within two (2) feet of any fire hydrant, fire plug, or other fire department connection; or

5. Within the public right-of-way in a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the City has issued a permit.

(b) No person shall obstruct any portion of any street or other public right-of-way open to use by motor vehicles, or any portion of a bike lane, bike path, trail, or other public right-of-way open to use by bicycles, by storing, maintaining, or placing personal property anywhere within the street, bike lane, bike path, trail or other public right-of-way, as specified.

(c) Except as limited by subsection (d) of this section, no person shall store, maintain, or place personal property upon any street, sidewalk, or other public right-of-way as follows:

1. Within the distance stated on the posted signage (up to a maximum of five hundred feet (500')) of a public park, or public library;

2. Within the distance stated on the posted signage (up to a maximum of five hundred feet (500')) of a designated overpass, underpass, freeway ramp, tunnel, bridge, pedestrian bridge, subway, wash, spreading ground, or active railway, where the Chief of Police determines that the public health, safety, or welfare is served by the prohibition, including, without limitation, by finding that storing, using, maintaining, or placing personal property within the stated proximity to the designated area is unhealthy, unsafe, or incompatible with safe passage;

3. Within the distance stated on the posted signage (up to a maximum of one thousand feet (1,000')) of a designated facility that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center; or

4. Within the distance stated on posted signage prohibiting storing, using, maintaining, or placing personal property. In order to designate all or any portion of any street, sidewalk, or other public right-of-way as prohibited under this section, the Chief of Police shall determine, based on specific documentation, that the circumstances of continued storing of personal property, or otherwise obstructing the public right-of-way at that location, poses a particular and ongoing threat to public health or safety. Such circumstances may include, but are not limited to: (i) the death or serious bodily injury of any person at the location due to a hazardous condition; (ii) repeated serious or violent crimes, including human trafficking, at the location; (iii) the occurrence of fires that resulted in a fire department response to the location; (iv) imposition on, or prevention of, access or use of the public right-of-way by members of the public.

(d) No person shall be found to be in violation of any prohibition set forth in subsection (c) of this section unless and until: (i) the Chief of Police has taken action to designate a specified area or areas for enforcement against storing, using, maintaining, or placing personal property, or otherwise obstructing the public right-of-way; and (ii) the City has posted signage at the designated area or areas.

(e) No person shall store, use, maintain, or place personal property in or upon any street, sidewalk, or other public property within five hundred feet (500') of a school or day care center.

(f) Violations of this section involving a person who willfully resists, delays, or obstructs a City employee from enforcing this section or who fails to comply after being requested to do so by an authorized City employee shall be subject to the penalties set forth in Chapter 7 of Title 1. Violations of this section shall also be enforceable as infractions pursuant to Chapter 2 of Title 1.

(§ 1, Ord. 23-08, eff. October 5, 2023)