Commerce Municipal Code Ch. 9.04 General Offenses

Footnotes:

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* For statutory provisions prohibiting the disturbing of the peace and the use of indecent language, see Pen. C.A., Section 415. As to vagrancy, see Pen. C.A., Section 647. As to impersonating a peace officer, see Pen. C.A., Section 538d. As to destroying city property, see Pen. C.A., Section 662. As to obscene matter, See Pen. C.A., Section 311 et seq.

No person shall engage in any disorderly or boisterous conduct, or disturb the peace by assaulting, striking or fighting, or be found in an intoxicated or drunken condition upon any premises within the city, or expose his person or any part thereof in any place in the city where there are other persons to be offended or annoyed thereby, or make in any place, or suffer to be made on his premises or upon premises under his control, any disorder or tumult, to the disturbance of the public peace, or utter in the presence of two or more persons, any bawdy, lewd or obscene words or epithets or address another any words, language or expressions having a tendency to create a breach of the peace, or utter or use within the hearing of one or more persons, any seditious language.

(Prior code § 4200).

No person shall make, cause, suffer or permit to be made upon any premises owned, occupied, or controlled by him any unnecessary noises or sounds which are physically annoying to persons of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to occasion physical discomfort to the inhabitants of any neighborhood.

(Prior code § 4201).

It is unlawful for any person to loiter or to 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 along the same, or so as, in any manner, to annoy or molest persons passing along the same.

It is unlawful for any person to loiter or to stand or sit in or at the entrance of any church, hall, theater or place of public assemblage so as in any manner to obstruct the entrance.

(Prior code § 4202).

(a) It is unlawful for any person firm or corporation to drive, or cause to be driven, or to conduct, or cause to be conducted any aircraft, as defined in this section, in the air at a distance of less than four hundred feet from the ground, except when the aircraft is ascending from or descending to the ground.

(b) "Aircraft," as used in this section, comprises all balloons, whether fixed or free, kites, airships or flying machines.

(Prior code § 4211).

It is unlawful for any person in any roominghouse, lodginghouse, hotel, inn or on any public highway, or in any other place in the city to solicit any person of the opposite sex to whom he or she is not married to have sexual intercourse with such person so soliciting, or to solicit any person to have sexual intercourse with any person to whom the person so solicited is not married.

(Prior code § 4220(3)).

It is unlawful for any person to register at any roominghouse, lodginghouse, hotel, inn, or other place in the city, under the name of any other person or of a fictitious name, or any name other than the true and correct name of the person so registering, or so giving or signing or causing his or her name to be signed.

(Prior code § 4220(3)).

No person shall place, deposit, throw or dump, or cause to be placed, deposited, thrown or dumped, any garbage, swill, cans, bottles, papers, ashes, dirt, sand, rock, cement, glass, metal, carcass of any dead animal, offal, refuse, plants, cuttings or trash, or rubbish of any nature whatsoever, or any nauseous, offensive matter in or upon any public or private road, highway, street, alley, public way, or any public or private property of any kind whatsoever.

(Prior code § 4230).

(a) It shall be unlawful to deposit in or on any motor vehicle any advertising matter.

(b) Any person or business, as defined under Section 5.04.030, who violates, or causes to be violated, the provisions of this section shall be deemed guilty of an infraction, punishable by a fine in an amount to be established by city council resolution.

(Ord. 432 § 1, 1990).

(Ord. No. 624, § 1, 2010)

No person shall mar, injure, damage, destroy or deface, or aid in marring, injuring, damaging, destroying or defacing, any private building, structure or property.

(Ord. 232 § 2(part), 1977).

No person shall mar, injure, damage, destroy or deface, or aid in marring, injuring, damaging, destroying or defacing, any public building, structure or property.

(Ord. 232 § (part), 1977).

A reward of not-to-exceed five hundred dollars, to be determined by the city council, shall be paid for information leading to the identification, apprehension and conviction of any person who wilfully mars, injures, damages, destroys or defaces, or aids in the marring, injuring, damaging, destroying or defacing, of any building or structure, whether publicly or privately owned, in the city.

(Ord. 598 §1, 2006: Ord. 232 §2(part), 1977).

Any person who has wilfully committed an act for which a reward is offered shall be liable for the amount of any reward paid pursuant to the provisions of this chapter, and, if he is a minor, his parent or guardian shall also be liable for the amount.

(Ord. 232 §2(part), 1977).

No person shall sell, exchange, give or loan, or cause to be sold, exchanged, given or loaned, any pressurized can containing any substance commonly known as paint or dye to anyone under the age of eighteen years, unless such person is the parent or legal guardian of such minor. No person under the age of eighteen years of age shall purchase any pressurized can containing paint or dye.

(Ord. 285 §1(part), 1980).

No person shall have in his possession any paint or dye while in any public park, playground, swimming pool or recreational facility, except authorized employees of the city or employees of a company under contract with the city.

(Ord. 285 §1(part), 1980).

Every person who owns, conducts, operates or manages within the city a retail commercial establishment selling aerosol spray paint containers, or marker pens with tips exceeding four millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol spray paint containers or marker pens to be stored in an area viewable by, but not accessible to the public without employee assistance, pending legal sale or disposition of such paint containers or marker pens.

(Ord. 478 §1, 1993: Ord. 429 §1, 1990).

No person of the class commonly known as "tramps" shall visit any house within the city for the purpose of soliciting food or clothing or alms, or shall, in any public place in the city, solicit alms or money from any person.

(Prior code §4233).

No person shall inform or report to a peace officer that a crime has been committed, whether a felony or a misdemeanor, unless he, in good faith, believes that such a crime has been committed.

(Prior code §4234).

No person shall impersonate a person to whom any department of the city has issued an identification document of any kind, for the purpose of utilizing any privilege or right offered or furnished by the city only to persons holding such a valid identification document. No person except the person to whom it has been issued shall use or attempt to use such an identification document. Violation of this section shall be an infraction, punishable as provided in Section 1.12.011.

(Ord. 426 §1, 1989).

No person shall falsely impersonate or cause or permit to be falsely impersonated the sheriff, district attorney or city prosecutor, or member of the state highway patrol, or a deputy of, representative of, or connected with either. No person shall wear the uniform of the sheriff, state highway patrol, or deputies thereof, or any part of such uniform or any uniform, part of which is similar to the uniform of the sheriff or state highway patrol or deputies thereof, unless that person is a member of the organizations.

(Prior code §4235).

No person, with intent gratuitously to avail himself of the entertainment or recreation furnished or the privileges conferred therein, shall enter any theater, stadium, athletic club, ball park, golf course, golf club, tennis club, or other place of amusement, entertainment or recreation, for admission to which an admission fee or membership fee is charged, without first paying the admission fee or membership fee. Any person who is a bona fide guest of a member of any club may enter the club in accordance with the rules thereof. Any person may enter any place which is within the purview of this section with the consent of the owner or manager thereof. This section shall not be deemed to apply to the entry into any such place by a law enforcement officer acting within the scope and course of his official duties.

(Prior code §4236).

No person shall trespass in, upon, on or across the property of another, without the permission and consent of the person in charge or control thereof, provided that the person shall have posted, at each of the corners of the property, a notice in writing upon either a metallic or wooden sign, or other substantial material. The sign shall be at least one square foot in area, and shall be placed three feet above the normal level of the ground, and upon which the posted notice there appears in legible letters, at least two inches in height, the words, "PRIVATE PROPERTY—NO TRESPASSING," and such other words as may be desired indicating that trespassers are subject to prosecution. The sign shall have either a white or black base. In the event the white base is used, the letters shall be in black, and if a black base is used, the letters shall be in white. In the event the property exceeds a total area of one acre, in addition to the posting of the notices at the corners thereof, there shall be posted at intervals of three hundred feet, or less, on or near the boundary lines of the property, notices of similar character.

These provisions shall have no application to a trespass committed by an officially authorized peace officer or law enforcement agent when the trespass is committed in the execution of the officer or agent's official duty, nor to any person visiting or calling at the residence or place of business of another person for the purpose of transacting any legitimate business.

(Prior code § 4239).

No person shall pick any flower or flowers growing in any public park, or place, of the city, except by the express authorization of the superintendent thereof.

(Prior code § 4240).

(a) Definitions.

(1) "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, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(2) "Establishment" means any privately-owned place of business operated for profit to which the public is invited, including, but not limited to, any place of amusement or entertainment such as a movie theater, sporting event or dance club.

(3) "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 the court.

(4) "Minor" means any person under the age of eighteen.

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

(A) A natural parent, adoptive parent, or step-parent of another person; or

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

(6) "Public place" means any place to which the public or a substantial portion of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment buildings, office buildings, transport facilities, shops, restaurants and banquet facilities.

(7) "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.

(8) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(b) Hours of Curfew. No minor shall remain present in or on any public place or on the premises of an establishment between the hours of ten p.m. and six a.m. of the immediately following day; provided however, that the provisions of this section shall not apply if:

(1) The minor is accompanied by his or her parent or parents, legal guardian or other adult person having legal care or custody of the minor, or by his or her spouse eighteen years or older;

(2) The minor is upon an errand directed by his or her parent or parents or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years or older;

(3) The minor is going to or returning home from a public place or establishment provided that his or her presence at that public place was not otherwise in violation of this title;

(4) The presence of such minor in a public place or establishment is connected with or required with respect to a business, trade, profession or occupation in which said minor is lawfully engaged;

(5) The minor is exercising First Amendment rights protected by the United States Constitution;

(6) The minor is in a motor vehicle involved in interstate travel;

(7) The minor is on the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

(8) The minor is involved in an emergency; or

(9) The minor is emancipated by law.

(10) The minor is attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Commerce, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Commerce, a civic organization, or other similar entity that takes responsibility for the minor.

(c) Parental Responsibility. It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control to allow the minor to be present in any public place or on the premises of an establishment within the city during the hours of curfew.

(d) Infraction—Penalty. Violation of this section shall constitute an infraction punishable by a fine not to exceed six hundred seventy-five dollars or in lieu of a fine, court approved community service hours ranging from seventy-five to two hundred fifty hours; or parent counselling for a period of thirteen weeks at two hours per week; or be directed to the probation office from six months up to one year dependent upon the minor's criminal record.

(e) Hearing Requirement—Parental Obligation to Attend. A minor cited for an infraction under this chapter must attend a juvenile court hearing on the infraction and must be accompanied at the hearing by his or her parent(s) or guardian(s). If the minor fails to attend the hearing, a bench warrant will be issued. If any such parent(s) or guardian(s) fails to attend the hearing with the minor, the court in its discretion may continue the hearing and issue a citation to said parental or custodial person(s) directing such person(s) to appear at the continued hearing with the minor, may impose such penalty upon said parent(s) or guardian(s) including contempt of court, or may impose such penalties on said minor as authorized in this section.

(f) Penalty May Be Set Aside for First Infraction. The court may set aside the fine imposed by this section, or any portion thereof, if the fine is based on the minor's first infraction under this section and provided the minor produces proof satisfactory to the court that the following has occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the court:

(1) The minor has performed ten hours of court-approved community service during times other than said minor's hours of school attendance; or

(2) The minor's parent(s) or legal guardian(s) has or have attended a parenting class or a series of parenting classes approved by the court.

(g) Severability. If any provision of the ordinance codified in this section or the application to any person or circumstances is held invalid by order of court, the remainder of this section or the application of such provision to other persons or other circumstances shall not be affected.

(Ord. 524 § 1, 1997).

No person shall smoke or possess any burning cigarette, cigar, pipe, on any motor bus or vehicle used to transport passengers for hire except in a smoking compartment, if provided, or in a taxicab.

(Prior code § 4244).

It is unlawful to smoke in a polling place during an election.

(Prior code § 4245).

It is unlawful for any person to throw upon, along, or across any public highway, road, street, alley, sidewalk, any missile capable of causing personal injury or damage to personal property at or towards any person, or any vehicle.

(Prior code § 4246).

No person shall keep a riotous or disorderly house, or permit any riotous or disorderly conduct in his house, yard, or premises connected with his house, or be guilty of any riotous or disorderly conduct in any house, yard or premises whereby the peace, quiet or decency of the neighborhood of the house or any person may be disturbed.

(Prior code § 4251).

Any person, firm or corporation who owns or has the care or management of any real property and wilfully permits any part of the property to become so unsightly as to detract from the appearance of the immediate neighborhood, and who fails to remedy the condition within thirty days from being ordered to do so by the city council, upon recommendation of the city planning commission, is guilty of a misdemeanor.

(Prior code § 4262).

(a) Definitions.

(1) "Compulsory continuation education" means any law which requires all persons generally sixteen years of age or older and under eighteen years of age not otherwise exempted by the California Compulsory Continuation Education Law to attend special continuation classes maintained by the governing board of the high school district in which they reside or by the governing board of a neighboring high school district for not less than four sixty-minute hours per week for the regularly established annual school term.

(2) "Compulsory education" means any law which requires a person between the ages of generally six and sixteen years of age not exempted under the provisions of the California Compulsory Education Law to attend the public full-time day school or continuation school or classes for full-time designated as the length of the school day by the governing board of the school district in which the residency of the parent or guardian is located.

(3) "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, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(4) "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.

(5) "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 the court.

(6) "Minor" means any person under the age of eighteen.

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

(A) A natural parent, adoptive parent, or step-parent of another person; or

(B) At least eighteen 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 portion of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment buildings, office buildings, transport facilities, shops, restaurants and banquet facilities.

(b) Daytime Restrictions.

(1) It is unlawful for any minor under the age of eighteen, who is subject to compulsory education or to compulsory continuation education, to be absent from school and found present in a public place or establishment unless the minor has one of the valid excuses specified in this section.

(2) For purposes of this section, a minor is "absent from school and found in a public place or establishment" if said minor is found present in a public place or establishment between the hours of eight-thirty a.m. and one-thirty p.m., inclusive, of the same day or days when said minor's school is in session.

(c) Valid Excuses. The daytime restrictions above shall not apply when a minor has one of the following valid excuses:

(1) The minor has in his or her possession a written excuse from the minor's parent(s) or guardian(s) which upon verification by the parent(s) or guardian(s) provides for the minor's absence from school.

(2) The minor is accompanied by his or her parent(s), guardian(s), or other adult person(s) having the legal care or custody of the minor.

(3) The minor is upon an emergency errand directed by said minor's parent(s), guardian(s), or other adult person(s) having the legal care or custody of the minor.

(4) The minor is going to or returning directly from a medical appointment.

(5) The minor has permission to leave campus and said minor has in his or her possession a valid, school-issued, off-campus permit.

(6) The minor is going to or returning directly from an establishment or other place of public entertainment, such as a movie, play, sporting event, dance or school activity provided such place is a school-approved activity for the minor or is otherwise supervised by school personnel of said minor's school; or the presence of the minor in said establishment or public place is connected with or required by a school-approved or school-related business, trade, profession or occupation in which minor is lawfully engaged.

(d) Infraction—Penalty. A violation of the daytime restrictions shall constitute an infraction punishable by a fine not to exceed six hundred seventy-five dollars; or in lieu of a fine, court-approved community service hours ranging from seventy-five to two hundred fifty hours; or parent counselling for a period of thirteen weeks at two hours per week; or directed to the probation office from six months up to one year dependent upon the minor's criminal record.

(e) Hearing Requirement—Parental Obligation to Attend. A minor cited for an infraction under this section must attend a juvenile court hearing on the infraction and must be accompanied at the hearing by his or her parent(s) or guardian(s). If the minor fails to attend the hearing, a bench warrant will be issued. If any such parent(s) or guardian(s) fail(s) to attend the hearing, the court may continue the hearing and issue a citation to said parental or custodial person(s) directing such person(s) to appear at the continued hearing with the minor or may impose such penalty upon said parent(s) or guardian(s) including contempt of court, or may impose such penalties on said minor as authorized in this section.

(f) Penalty May Be Set Aside for First Infraction. The court may set aside the fine imposed by this section, or any portion thereof, if the fine is based on the minor's first infraction under this section and provided the minor produces proof satisfactory to the court that the following has occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the court:

(1) The minor has had no unexcused absences from school; and

(2) The minor has performed ten hours of court-approved community service during times other than said minor's hours of school attendance; or

(3) The minor's parent(s) or legal guardian(s) has or have attended a parenting class or a series of parenting classes approved by the court.

(g) Severability. If any provision of the ordinance codified in this section or the application to any person or circumstances is held invalid by order of court, the remainder of this section or the application of such provision to other persons or other circumstances shall not be affected.

(Ord. 525 § 1, 1997).

The provisions of Chapter 13.42, Section 13.42.010, of Title 13 of the Los Angeles County Code, as enacted by and referenced in Los Angeles County Ordinance No. 98-0027, effective July 17, 1998, fully express the city council's will and intention to grant authority to any law enforcement officer to enforce regulations regarding the recovery of costs related to unlawful assemblies and disturbances of the peace, and is adopted by reference as an amendment to the peace, safety and morals code of the city.

(Ord. 537 § 1, 1999).