Cudahy Municipal Code Art. I Disorderly Conduct and Nuisances

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 a lewd and offensive manner 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 by any word, language, or expression 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. (2002 Code § 3-1.1).

(1) No person shall make, or cause or permit to be made upon any premises owned, occupied, or controlled by him any unnecessary noises or sounds which are 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.

(2) No person shall play, use or operate or permit to be played, used, or operated any radio, receiving set, T.V. set, musical instrument, phonograph, jukebox or other machine or device for producing or reproducing sound in a manner which disturbs the peace and quiet of any residentially zoned neighborhood.

(3) No person shall play, use, operate or permit to be played, used or operated any radio, receiving set, television set, musical instrument, phonograph, jukebox or other machine or device for producing or reproducing sound between the hours of 10:00 p.m. and 7:00 a.m. when audible on property located in any residential zone and audible at a distance of 50 feet or more from the building, structure, property or vehicle where the sound is produced. (Ord. 342 § 1; Ord. 340 § 1. 2002 Code § 3-1.2).

(1) No person shall stand, sit, lie or sleep in or upon any public street, greenbelt, median island, parking lot, alley, sidewalk, or other public place or way open for pedestrian or vehicular travel so as to hinder or obstruct the free passage of persons or vehicles. The provisions of this section shall not prohibit a person from sitting upon a public street, greenbelt, median island, parking lot, alley, sidewalk, or other public place or way open for pedestrian or vehicular travel if:

(a) Necessitated by a physical disability of such person; or

(b) Such person is viewing a legally conducted parade; or

(c) Such person is seated on a bench lawfully installed for that purpose.

(2) No person shall leave or permit to remain on any public street, greenbelt, median island, parking lot, alley, sidewalk, or other public place or way open for pedestrian or vehicular travel any merchandise, baggage or other article of personal property except pursuant to a valid permit issued by the city. (Ord. 496 § 1. 2002 Code § 3-1.3).

(1) It shall be 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 such entrance.

(2) It shall be unlawful for any minor, under the age of 18, who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place during the hours of 8:30 a.m. and 1:30 p.m. on days when school is in session. The provisions of this section do not apply when the minor is accompanied by his or her parents, guardian or other adult person having the care and custody of the minor, or when the minor is on an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor or when the minor is going or coming directly to or from his or her place of gainful employment or to and from a medical appointment or to students who have permission to leave campus for lunch and have in their possession a valid, school-issued, off-campus permit. Each violation of the provisions of this section shall constitute a separate offense and shall be a misdemeanor. (Ord. 500 § 1. 2002 Code § 3-1.4).

It shall be unlawful to construct or maintain any gate in any fence in such a manner that such gate may be opened outward over any portion of any public highway open for either pedestrians or vehicular traffic. (2002 Code § 3-1.5).

It shall be unlawful to cause or permit any gate in any fence to be or remain opened outward over any portion of any public highway open for either pedestrian or vehicular traffic. (2002 Code § 3-1.6).

It shall be unlawful for any person 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 1,000 feet from the ground, except when such aircraft is ascending from or descending to the ground and except at prescribed landing places or in cases of emergency.

For the purposes of this section, “aircraft” shall mean and include all balloons, whether fixed or free, airships, and flying machines. (2002 Code § 3-1.7).

No person shall drive or ride any horse or other animal upon any public highway or thoroughfare within the city beyond a moderate gait or in such a manner as to endanger the safety of persons on such highways or thoroughfares. (2002 Code § 3-1.8).

It shall be unlawful for any person to register at any rooming house, lodging house, hotel, inn, or other place in the city under the name of any other person, or in a fictitious name, or in any name other than the true and correct name of the person so registering or so giving or signing or causing his name to be signed. (2002 Code § 3-1.9).

No person shall write, compose, stereotype, print, publish, possess, sell, distribute, keep for sale, or exhibit any obscene or indecent writing, paper, or book, or design, copy, draw, engrave, paint, or otherwise prepare any obscene or indecent picture or print, or mold, cut, cast, or otherwise make any obscene or indecent figure. (2002 Code § 3-1.10).

No person shall place, deposit, throw, or dump, or cause to be placed, deposited, thrown, or dumped, any garbage, swill, can, bottle, paper, ashes, dirt, sand, rock, cement, glass, metal, carcass of any dead animal, offal, refuse, plants, cuttings, 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 public or private property of any kind whatsoever. The fine imposed for the violation of this section shall not be less than $50.00 for each separate violation. (Ord. 178 § 1; Ord. 175 § 1. 2002 Code § 3-1.11).

It shall be unlawful for any person to deposit, drain, wash, allow to run, or divert into or upon any street, drainage ditch, storm drain, or flood control channel owned by, or controlled by, any public agency within the city any water, mud, sand, oil, or petroleum. (2002 Code § 3-1.12).

No person shall willfully or maliciously break or destroy any window, window sash, door, blind, or pane of glass or any occupied or unoccupied house or outhouse in the city, or enter any unoccupied house or outhouse and commit any nuisance therein, or break, destroy, or injure anything therein or any part of such house or outhouse or any fence or improvement whatever, or aid, abet, or assist anyone to commit such nuisance or injury on such property. (2002 Code § 3-1.13).

(1) Prohibited. No person shall mar, injure, damage, destroy, or deface, or aid in marring, injuring, damaging, destroying, or defacing, any public building, structure, or property, or cause to be posted or stuck any handbill or placard upon any public building, or mar, injure, damage, destroy, or deface, or cause to be marred, damaged, destroyed, injured, or defaced, any bridge, fence, tree, street sign, lamp post, electric light post, or apparatus, or any other public property.

(2) Rewards. A reward of $100.00 shall be paid for information leading to the determination of the identity of, the apprehension of, and the conviction of any person who willfully mars, injures, damages, destroys, or defaces, or aids in the marring, injuring, damaging, destroying, or defacing of any building or structure which is the property of the city.

(3) Rewards – Liability. Any person who has willfully 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. 170 § 1. 2002 Code § 3-1.14).

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, admission to which an admission fee or membership fee is charged, without first paying such admission fee or membership fee. Any person who is a bona fide guest of a member of any club may enter such 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. (2002 Code § 3-1.15).

No person shall act as a lookout for a gambling game, house of prostitution, or other illegal act. (2002 Code § 3-1.16).

No person shall wear a mask or disguise for the purpose of committing a fraud or public offense. A mask or disguise may be worn upon obtaining a permit from the sheriff. (2002 Code § 3-1.17).

No person shall equip a vehicle with a radio capable of receiving police, sheriff, state highway patrol, forester, or fire wardens’ calls except those expressly authorized by the council. (2002 Code § 3-1.18).

No person shall trespass in, upon, or across the property of another without the permission and consent of the person in charge or control thereof, provided such person shall have posted at each of the corners of the property a notice, in writing, upon either a metallic or wood sign, or other substantial material, which sign shall be at least one square foot in area, and which shall be placed three feet above the normal level of the ground, and upon which sign there appear in legible letters, at least two inches in height, the words, “Private Property – No Trespassing,” and other words as may be desired indicating that trespassers shall be subject to prosecution. The sign shall have either a white or black base. In the event a 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 such notices at the corners thereof, there shall be posted at intervals of 300 feet or less, on or near the boundary lines of the property, notices of similar character.

The provisions of this section shall have no application to a trespass committed by an officially authorized peace officer or law enforcement agent when such trespass is committed in the lawful execution of such officer or agent’s official duty, nor to any person visiting or calling at the residence or place of business of any person for the purpose of transacting any legitimate business. (2002 Code § 3-1.19).

The city council may establish by resolution rules and regulations governing use and operation of city parks. (Ord. 498 § 1. 2002 Code § 3-1.20).

A copy of the rules and regulations governing the use and operation of city parks adopted by the city council shall be posted in the three public places and in the manner designated for the posting of ordinances and shall be permanently posted at all entrances of each city park. (Ord. 498 § 1; Ord. 98 § 1. 2002 Code § 3-1.21).

Violation of rules and regulations governing the use and operation of city parks shall, in addition to any other remedies contained therein or in this code, constitute a misdemeanor and shall be punishable as set forth in CMC 1.36.010(1). Any person violating any of the rules and regulations governing the use and operation of city parks adopted by the city council shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the park rules and regulations is committed, continued, or permitted. (Ord. 498 § 1; Ord. 98 § 1. 2002 Code § 3-1.22).

It shall be unlawful for any person to throw upon, along, or across any public highway, road, street, alley, or sidewalk any missile capable of causing personal injury or damage to personal property at or towards any person or any vehicle. (2002 Code § 3-1.25).

No person shall hold, manage, conduct, carry on, or participate in any parade, march or procession of any kind or any other similar activity or bear or play any drum, triangle, tambourine or any wind or string instrument upon any public street or alley in the city without first having applied for and obtained a permit therefor from the chief law enforcement officer with the approval of the director of community services as provided in this section.

(1) Application for Permit. Any person desiring to do any of the acts specified in the paragraph above shall file an application with the director of community services upon a form to be supplied by the city without charge to the applicant setting forth the following information in regard to the proposed event:

(a) The name and address of the applicant;

(b) The purpose;

(c) The date and time;

(d) The place and/or route.

(2) All applications filed pursuant to subsection (1) of this section shall be acted upon by the director of community services within a reasonable time from the date of filing.

Should the director of community services after an investigation of the applicant and the facts contained in the application determine that the applicant has stated true facts in his application and the event as proposed will not interfere unduly with the use of the streets and will not tend to cause a breach of the public peace, he shall issue a permit, with the approval of the chief law enforcement officer endorsed thereon, designating the time, place and route of such event.

(3) In the event the application is denied, applicant may file with the director a statement and the reasons why it is believed the director of community services or sheriff acted improperly. The city council, at its next regular meeting held after the date on which such appeal is filed with the director of community services, shall hear the appeal and determination of the city council thereon shall be final. (Ord. 396 § 2. 2002 Code § 3-1.26).

The words “sound amplifying equipment” as used herein shall mean any machine or device for the amplification of the human voice, music, or any other sound. “Sound amplifying equipment” as used herein shall not be construed as including standard automobile radios when used and intended to be heard only by the occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.

(1) No person shall use or cause to be used a sound truck with its sound amplifying equipment in operation for any noncommercial purpose in the city without filing a registration statement with the director of community services in writing.

(2) Registration Statement. A registration statement shall be filed in duplicate and shall state the following:

(a) Name and home address of the applicant;

(b) Address of place of business of applicant;

(c) License number and motor number of each sound truck to be used by applicant;

(d) Name and address of person who owns each sound truck to be used by applicant;

(e) Name and address of person having direct charge of each sound truck to be used by applicant;

(f) Names and addresses of all persons who will use or operate any sound truck;

(g) The purpose for which the sound truck or trucks will be used;

(h) A general statement as to the section or sections of the city in which each sound truck will be used;

(i) The proposed hours of operation of the sound trucks;

(j) The number of days of proposed operation of each sound truck;

(k) A general description of the sound amplifying equipment which is to be used;

(l) The maximum sound producing power of the sound amplifying equipment which is to be used in or on each sound truck; state the following:

(i) The wattage to be used;

(ii) The approximate maximum distance for which sound will be thrown from each sound truck.

(3) Registration Statement Amendment. All persons using or causing to be used any sound truck for noncommercial purposes shall amend any registration statement duly certified by the director of community services as a correct copy of the application. The certified copy of the application shall be in the possession of any person operating any sound truck at all times while the sound truck’s sound amplifying equipment is in operation and the copy shall be displayed and shown to any policeman of the city upon request.

(4) Regulations for Use. Noncommercial use of sound trucks in the city with the sound amplifying equipment in operation shall be subject to the following regulations:

(a) The only sounds permitted are music or human speech;

(b) Operations are permitted for three hours per day, except Saturdays, Sundays, and legal holidays when no operations are authorized. The permitted three-hour operation shall be between the hours of 11:00 a.m. and 12:00 noon and 3:00 p.m. and 5:00 p.m.;

(c) Sound amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least 10 miles per hour, except when such truck is stopped or impeded by traffic. Where stopped by traffic, the sound amplifying equipment shall not be operated for longer than one minute at each such stop; and

(d) Sound shall not be issued within 500 feet of hospitals, schools, churches, courthouses, courtrooms, county buildings, or the City Hall. (Ord. 396 § 2. 2002 Code § 3-1.27).

No person at any time shall operate, drive, or park, or cause to be operated, driven, or parked, upon any street, sidewalk, or public property within the city, without first obtaining written permission therefor from the director of finance, any advertising vehicle, sound truck, or commercial vehicle with its sound amplifying equipment in operation or with any sound or signaling device in operation for the purpose of advertising goods, wares, or merchandise sold at or from such vehicle or for the purpose of attracting or calling attention to such vehicle.

Applications for the permission required by the provisions of this section shall be made to the director of finance in accordance with such rules and regulations as he may prescribe therefor, and such permission shall be given only for during the hours from 8:00 a.m. through 8:00 p.m. and only if the operation of any such advertising vehicle, sound truck, or commercial vehicle shall not be inimical to the public welfare, health, or safety or cause such sounds or noises to be emitted or created as will disturb the peace of the citizens of the city. (Ord. 396 § 1. 2002 Code § 3-1.28).

The director of finance shall refer the application to the chief law enforcement officer and may in his discretion rely on the decision of the chief law enforcement officer whether the same will be inimical to the public welfare, health, or safety or will disturb the peace. (Ord. 396 § 1. 2002 Code § 3-1.29).

No person shall operate any motor-driven vehicle on private property, or elsewhere within the city, in such a manner that a reasonable person of normal sensitiveness residing in the area where the vehicle is being operated is caused discomfort or annoyance. (Ord. 195 § 1. 2002 Code § 3-1.30).

(1) Distribution upon Residential Property. No person shall drop, throw, scatter, or cast upon any residential property in the city without the consent of the owner or occupant thereof any newspaper, handbill, pamphlet, circular, leaflet, or any other advertising sheet or matter devised or intended to promote any commercial or money-making activity. This subsection shall not be construed as preventing the delivery of newspapers, handbills or other materials which are secured in such a way so as to eliminate the hazards of litter.

(2) Distribution upon Public Property and Vehicles. No person shall drop, throw, scatter, or cast upon any public street or sidewalk, or place on any vehicle parked in or upon any public way, any newspaper, handbill, pamphlet, circular, leaflet, or any other advertising sheet or matter devised or intended to promote any commercial or money-making activity.

(3) Applicability of Section. The provisions of this section shall not be construed as preventing the giving away or sale of newspapers or written or graphic material to any person willing to acquire the same, or the display of newspapers or written or graphic material placed on racks which prevent their being blown about by the wind. (Ord. 452 § 2; Ord. 286 § 1; Ord. 88 § 1. 2002 Code § 3-1.31).

No person shall 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 or quiet enjoyment of the neighborhood of such house or of any person may be disturbed. (2002 Code § 3-1.32).

(1) Definitions. For purposes of this section:

“Charitable purpose” shall mean and include any patriotic, political, philanthropic, welfare, benevolent, educational, religious, cultural, civic or fraternal purpose or function, or any other purpose or function exempt from taxation pursuant to Article I of Chapter 4 of the California Revenue and Taxation Code.

“Charitable organization” shall mean and include any organization, whether or not incorporated, that is organized and operated exclusively for a charitable purpose, as defined in this section, and which has been determined by the Franchise Tax Board to be exempt from taxation, or which has established its exemption under Section 501(c)(3) of the Internal Revenue Code.

“City manager” shall mean the city manager of the city of Cudahy, or his or her designee.

“Contribution” shall mean and include alms, food, clothing, or any other property, money, credit or any other financial assistance, or other thing of value; or subscriptions, pledges, or donations given or solicited either directly or indirectly, or under the guise of a loan of money or property.

“Identification card” shall mean a card issued pursuant to this section.

“Solicit” or “solicitation” shall mean a request, direct or indirect, for a contribution, which request is made door-to-door, in any place of public accommodation, in any place of business open to the public generally, on city streets and sidewalks, in public parks, or in any other public places.

“Solicit” or “solicitation” shall also mean and include the following methods of obtaining such a contribution: any verbal or written request; the local distribution, circulation, posting or publishing of any handbill, written advertisement or other publication; and the sale of, or taking orders for, any goods, services, merchandise, wares or other tangible items.

An individual engaged in solicitation for future delivery solely as an incident to engaging in a business otherwise licensed under CMC Title 5 and for which the individual or the individual’s employer has a current, valid business license shall not be deemed to be engaged in the business of solicitation.

A solicitation, as defined in this section, shall be deemed completed when made, whether or not the solicitor receives any contribution or makes any sale.

(2) Exemptions. The provisions of this section shall not apply to:

(a) Payments required by law to be collected or paid; or

(b) Payments to or from governmental agencies; or

(c) Solicitations made upon premises owned or occupied by the organization on whose behalf such solicitation is made; or

(d) Solicitations made within a business open to the public generally and with the express permission of the owner or lessee of such business; or

(e) Solicitations by an organization or its authorized agents and employees of the members and employees of that organization.

(3) Permit Required. No person shall conduct solicitations within the city without having first obtained a permit from the city manager authorizing such solicitation, except that where a solicitation permit has been issued to any applicant, the individual agents and solicitors for such applicant, identified pursuant to subsection (4) of this section, shall not be required to obtain individual permits.

(4) Application Requirements. An application for a solicitation permit shall be filed with the city manager and shall include the following information:

(a) If the applicant is not an individual, the applicant’s correct legal name, taxpayer identification number (if any), address of its principal office, and the names, addresses and telephone numbers of the applicant’s principal officers and executives;

(b) A copy of the applicant’s current, valid business license, or a statement that such a license is not required by CMC Title 5;

(c) The name, address, and telephone number of the person or persons who will be in direct charge of conducting the solicitation, and the names of all fundraisers or solicitors connected with, or to be connected with, the proposed solicitation;

(d) A description of the method or methods to be used in conducting the solicitation;

(e) The time when such solicitation will be made, giving the preferred dates and hours of the day for the commencement and termination of the solicitation;

(f) A statement to the effect that, if a permit is granted, it will not be used or represented in any manner as an endorsement by the city or by any department or officer thereof;

(g) An explanation of the reasons why any information required herein is not available if the applicant is unable to provide any of the foregoing information; and

(h) The signature of the applicant if the applicant is an individual; the signature of a managing or general partner if the applicant is a partnership; or the signature of an officer if the applicant is a corporation or an association. At the time the individual signs the application, said individual shall swear before the city clerk or another officer authorized to administer oaths that he or she has carefully read the application and that all the information contained therein is true and correct.

(5) Additional Application Requirements – Charitable Solicitations. In addition to the requirements set forth in subsection (4) of this section, an application for a permit to conduct solicitations for a charitable purpose shall include the following information:

(a) If the applicant is a charitable organization, as defined in this section, or if the applicant is engaged or is to be engaged by a charitable organization, documents which evidence the tax-exempt status of the charitable organization and its relationship, if any, to the applicant;

(b) A statement of the nature and extent of the charitable work being performed by the applicant within the city;

(c) The purpose for which the solicitation is to be made, the total amount of funds proposed to be raised thereby, and the use or disposition to be made of any receipts therefrom;

(d) A financial statement for the last preceding fiscal year setting forth all funds collected for charitable purposes by the applicant, including the amount of money raised, the costs of raising it, and the ultimate distribution thereof; and

(e) A projected schedule of salaries, wages, fees, commissions, or other compensation, expenses and costs to be expended or paid in connection with the solicitation or in connection with the disbursement of funds solicitated, and an estimated percentage of the total projected collections which the costs of solicitation will comprise.

(6) Permit Issuance or Denial.

(a) The city manager shall examine all applications for solicitation permits. The applicant shall make available for inspection all of the applicant’s financial books, records, and papers at any reasonable time. If, while any application is pending, there is any change in any fact, policy, or method that would alter the information set forth in the application, the applicant shall notify the city manager in writing thereof within 24 hours after such change.

(b) The city manager shall either approve, conditionally approve, or deny the requested permit within 10 calendar days of the date a complete application is submitted. In the event the city manager fails to act upon an application within the time prescribed herein, the permit shall be deemed granted.

(c) The city manager shall issue a permit for solicitation unless the applicant is required to and has failed to obtain a current and valid business license pursuant to CMC Title 5, the applicant has failed to provide any information required in this section, or any statement made in the application is false.

(d) If the city manager denies the permit, the city manager shall notify the applicant by registered or certified mail of the reasons for the denial within five business days of the denial.

(e) Nothing in this section shall be construed to grant the city manager, or to any other person, the authority to grant, deny, revoke, renew or suspend any permit by reason of either approval or disapproval of the philosophy, opinions, or beliefs of the applicant, the permittee, or the person such applicant or permittee represents, or for any other reason not specifically set forth in this section.

(7) Permit Form, Duration, Assignability.

(a) Any permit issued under this section shall be signed by the city manager and shall bear the name and address of the person to whom the permit is issued, the number of the permit, the date issued, the dates during which the permit is valid, a statement that the permit does not constitute an endorsement by the city or any of its departments, officers or employees of the purpose of, or of the person conducting, the solicitation, and a brief statement describing by approximate percentage the proposed disbursement of all funds to be solicited under the permit.

(b) Any permit issued under this section shall be valid for three months unless renewed, revoked, or suspended pursuant to the provisions of this section. The permittee shall make available for inspection all of the permittee’s financial books, records, and papers at any reasonable time during the time a permit is in effect. If, during the term of any permit, there is any change in any fact, policy, or method that would alter the information set forth in the permit application, the permittee shall notify the city manager in writing thereof within 24 hours after such change.

(c) No permit issued under this section may be transferred or assigned. Any effort to transfer or assign a permit issued under this section shall be a violation of this code and of no effect.

(8) Identification Cards. All persons conducting solicitations shall obtain an identification card from the city which shall include the permit number, the name and street address of the permittee, a statement describing the permittee’s purpose and activity, the signature of the permittee or the permittee’s chief executive officer, the name and signature of the solicitor to whom the card is issued, the specific period of time during which the solicitation is authorized, and a statement printed prominently on the card which shall state: “This identification card is not an endorsement of the solicitation by the City of Cudahy or any of its departments, officers or employees.”

A sample copy of the identification card shall be filed with the city manager at the time the application for a permit is filed and shall be approved or rejected by the city manager as conforming or not conforming to the requirements of this section at the time of permit issuance or denial. Identification cards shall be issued automatically to fundraisers or solicitors whose names were provided pursuant to subsection (4) of this section.

No person shall alter an identification card issued or approved by the city without the express approval of the city manager.

If a permit issued under this section is revoked, all identification cards issued to persons conducting solicitations shall be canceled and such cards shall be returned to the city manager within 48 hours from the time of receipt of such notification.

(9) Solicitation Procedures.

(a) No person shall solicit any contributions without a valid permit issued pursuant to this section;

(b) No person shall solicit any contributions without a valid business license, where required by CMC Title 5;

(c) No person shall solicit any contributions unless an identification card of a form approved by the city manager is exhibited and presented for perusal by the person solicited;

(d) No person shall solicit any contributions at any dwelling or commercial establishment where there is a sign indicating “No Solicitors,” “Do Not Disturb,” or otherwise indicating that the occupants or owners do not wish to be solicited or have their privacy disturbed;

(e) No person shall touch, come into physical contact with, or affix any object to another person without first receiving express permission therefor from such person;

(f) No person shall solicit contributions from any person after such person expresses a desire not to be solicited or declines to make a purchase or contribution;

(g) No person shall intentionally and deliberately obstruct the free movement of any person on any street, sidewalk or other place generally open to the public;

(h) No person shall threaten any injury or damage to any person who declines to be solicited or who declines to make a purchase or contribution;

(i) No person shall, directly or indirectly, solicit any contributions from any person by misrepresentation of his or her name, occupation, physical, mental or financial condition, residence, or principal place of business, and no person shall make or cause to be made any misstatement of fact or fraudulent misrepresentation in connection with any solicitation of any contribution;

(j) No person shall solicit any contributions using a name, symbol, or statement so closely related to, or similar to, that used by another person, organization or governmental agency, that the use thereof would tend to confuse or mislead the public;

(k) No person shall solicit any contributions using statements or materials indicating that contributions are being raised for any organization which has not given its explicit written consent for the solicitation of such contributions;

(l) No person shall solicit any contributions for any purpose other than the purpose(s) specified in the application upon which the license was issued;

(m) No person shall solicit any contributions without maintaining a system of accounting whereby all receipts and disbursements are entered upon the official books or records of such person’s treasurer or other financial officer;

(n) Any person receiving money or anything having a value of $5.00 or more from any contributor under a solicitation made pursuant to a permit issued hereunder shall give to the contributor a written receipt, signed by the solicitor, showing plainly the name and permit number of the person under whose permit the solicitation is conducted, the date of the solicitation, and the amount received; provided, however, that this requirement shall not apply to any contributions collected by means of a closed box or receptacle used in solicitation with the written approval of the city manager, where it is impractical to determine the amount of each such contribution; and

(o) No person shall solicit any contributions inside any building owned or controlled by the city.

(10) Permit Renewal. A permit shall be renewed within 10 calendar days of a written request for renewal if the factual information upon which the original application was granted remains unchanged and no violation of this section or code has been committed. If any factual information upon which the original application was granted has changed in one or more material respects, the city manager shall require a new application subject to the provisions of this section.

(11) Permit Suspension and Revocation. Whenever it is shown that any person to whom a permit has been issued under this section has violated any of the provisions hereof, the city manager shall immediately suspend the permit by serving notice upon the permittee of the suspension by registered or certified mail or by personal service. The suspension shall become effective on the third calendar day after service by mail of the notice, or immediately upon personal service of the notice. The notice shall state the reasons for the suspension with specificity.

The permittee may request a hearing upon the suspension within five calendar days after the suspension becomes effective. Failure to request a hearing within such time shall result in automatic revocation of the permit. Notice of the revocation shall be served in the same manner as notice of the suspension.

A timely appeal shall be set for hearing before the city manager within three business days of a written request for such a hearing. The city manager shall, based upon the evidence presented at the hearing, render a decision within one business day by either revoking or reinstating the permit. Notice of the decision of the city manager shall be served in the same manner as notice of the suspension.

The city manager shall notify the sheriff of the suspension or revocation of any permit issued under this section.

(12) Appeal of Permit Denial or Revocation. An applicant or permittee may appeal any decision of the city manager to deny or revoke a permit. A written notice of appeal, setting forth the grounds for the appeal, shall be filed with the city clerk, within five calendar days after the effective date of a notice of denial or revocation. The city council shall hear the appeal of the applicant or the permittee or a designated representative, receive relevant information and documents, and act on the appeal at its next regularly scheduled meeting occurring not less than one calendar week after the notice of appeal is filed. The city council’s decision shall be final.

(13) Report Required. Every permittee hereunder shall, within 90 days after the expiration of the permit, file with the city manager a report and a financial statement setting forth the amount raised by the solicitation and the amount expended in conducting such solicitation, including a report of the wages, fees, commissions, and expenses paid to any person in connection with such solicitation, and the disposition of the balance of any funds collected during the solicitation. The permittee shall make available for inspection all financial books, records and other documents whereby the accuracy of the report may be verified. (Ord. 484 § 2. 2002 Code § 3-1.33).

Any person who owns or has the care or management of any real property and willfully 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 30 days after being ordered to do so by the council, shall be guilty of a misdemeanor. (2002 Code § 3-1.34).

(1) For purposes of this section, the following meanings shall apply:

(a) “Solicit” shall mean and include any request, offer, enticement, or action which announces the availability for or of employment, goods, money, property or any other thing or action; or any request, offer, enticement or action which seeks to purchase or secure employment, goods, money, property or any other thing or action. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction is completed, or an exchange takes place.

(b) “Employment” shall mean and include services, industry, or labor performed by a person for wages or other compensation or under any contract of hire, written, oral, express or implied.

(2) It shall be unlawful for any person, while standing in any portion of the public right-of-way, including but not limited to public streets, sidewalks and driveways, to solicit, or attempt to solicit, any person traveling in a vehicle along a public right-of-way, including but not limited to public streets, sidewalks or driveways. (Ord. 496 § 3; Ord. 452 § 3; Ord. 313. 2002 Code § 3-1.35).

(1) No person shall coerce, threaten, hound, or intimidate another person for the purpose of solicitation on the street or other place that is open to the public, whether publicly or privately owned.

(2) For purposes of this section, “solicitation” shall mean and include any request, offer, enticement, or action which announces the availability for or of employment, goods, money, property or any other thing or action; or any request, offer, enticement or action which seeks to purchase or secure employment, goods, money, property or any thing or action. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction is completed, or an exchange takes place.

(3) For purposes of this section “coerce, threaten, hound, or intimidate” shall mean that:

(a) The solicitor’s conduct is such that it would cause a reasonable person in the position of the person solicited to fear for his or her safety; or

(b) The solicitor intentionally blocks the path of the other person solicited; or

(c) The solicitor follows the person solicited and demands money or something of value after the person solicited informs the solicitor by words or conduct that he or she does not want to be the subject of a solicitation. (Ord. 496 § 4. 2002 Code § 3-1.36).

It is unlawful for any person to operate any type of mechanical blower to blow leaves, cuttings, refuse, or any other debris onto a neighboring property or into a street, gutter or drain. For purposes of this section, “mechanical blower” shall include any device used, designed or operated to produce a current of air by fuel, electricity or other means to push, propel or blow leaves, cuttings, refuse, or any other debris. (Ord. 466 § 1. 2002 Code § 3-1.37).

Repealed by Ord. 764. (Ord. 528 § 2. 2002 Code § 3-1.38).

(1) Public Lodgings – Registration Required. Every person conducting any motel, lodging house or hotel in the city shall at all times keep and maintain therein a register, in which shall be inscribed with ink or indelible pencil the name and home street and town address of each and every guest or person renting or occupying a room therein. Such register shall be signed by the person renting or occupying a room, and the proprietor of such motel, lodging house, trailer court, or hotel or his or her agents shall thereupon write opposite such name or names so registered the number of each room assigned to or occupied by each such guest, together with the time when such room is rented; and until all of such entries shall have been made in such register, no such guest shall be suffered or permitted to occupy privately any room in such house. When the occupants of each room so rented shall quit and surrender the same, it shall be the further duty of the proprietor or his or her agent to enter the time thereof in such register opposite the name of such occupants.

(2) Alterations – Inspection of Register. Erasures or alterations on the register required by subsection (1) of this section shall not be permitted or made for any purpose, and it shall be unlawful to erase a name or names or address or addresses or to permit such an erasure. Such register shall be at all times open to the inspection of any representative of the city.

(3) Registering under Fictitious Name Prohibited. No person shall write or cause to be written, or knowingly permit to be written in any register in any motel, lodging house or hotel, any other or different name or designation than the true name of the person registering therein, or the name by which such person is generally known.

(4) Repeated Use Prohibited. No person conducting any motel or other public lodging shall permit more than one occupancy of any room in said motel or other public lodging to commence between the hours of 6:00 a.m. of one day and 5:59 a.m. of the following day.

(5) Subletting Prohibited. No person hiring a room in any motel or other public lodging in the city shall rent or sublet said room to any other person.

(6) Hourly Rates Prohibited. No person conducting any motel or other public lodging or agent thereof shall let any room for sleeping or lodging purposes for hourly or other short-time rates or in any way advertise that any room is available at hourly or other short-time rates. (Ord. 331 § 1. 2002 Code § 3-1.39).

(1) Definitions. For the purpose of this section the following terms, phrases, and words shall be construed as follows:

(a) “Alarm agent” shall mean any person who owns or operates or is employed by an alarm business whose duties include the installation, altering, maintaining, moving, repairing, selling, servicing, responding to or causing others to respond to an alarm system in or on any building, structure, or facility.

(b) “Alarm business” shall mean the business by an individual, partnership, corporation or other entity of: selling, leasing, maintaining, servicing, repairing, replacing, moving or installing any burglary and/or robbery alarm system or causing the same to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility. “Alarm business” shall not include the sale of alarm systems or alarm components where the seller does not provide installation or other service off of seller’s premises.

(c) “Alarm system” shall mean any mechanical, electronic, or electrical device that is designed or used for the detection of intrusion into a building, structure, or facility or for alerting others of an event within a building, structure or facility, or both, which causes a local audible alarm or the transmission of a signal or message. “Alarm system” includes, but is not limited to, direct alarms, direct dial telephone devices, audible alarms, proprietor alarms, and supervised alarm systems. Devices that are not designed or used to evoke a police response, or are not used to register alarms that are intended to be audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition, nor are auxiliary devices installed by a telephone company to protect its systems which might be damaged or disrupted by the use of an alarm system.

(d) “Audible alarm” shall mean a device designed for the detection of an intrusion of a building, structure or facility which generates an audible sound at the building, structure or facility when actuated.

(e) “Direct alarm” shall mean any alarm system installed within the city and connected directly to either the city’s police department or an alarm company central monitoring station by either a leased telephone line, digital dialing device, radio frequency, or similar direct means not using a commercial telephone exchange trunk line.

(f) “Direct dial alarm” shall mean any alarm system which is connected to a telephone device or attachment, and when activated automatically selects a commercial telephone exchange trunk line and then transmits a prerecorded message to report a burglary, robbery, intrusion into a building, or other emergency.

(g) “Evaluation of false alarms” shall mean a procedure established by the chief of police to determine whether an alarm is a false alarm.

(h) “False alarm” shall mean the activation of an alarm system by causes other than the commission or attempted commission of an unlawful act the alarm system is designed to detect. “False alarm” shall not include activations determined by the police department to be caused by earthquakes, violent winds, or external causes beyond the reasonable control of the owner or lessee of the alarm system.

(i) “Proprietor alarm” shall mean an alarm that is not regularly serviced by an alarm agent.

(j) “Supervised alarm” shall mean an alarm system monitored at a continuously supervised alarm company or proprietor central station which monitors connected alarm systems for scheduled opening and closing times and does not cause or request a police response to intrusion alarm activations during the alarmed location’s normal operating hours.

(k) “Terminal monitor module” shall mean a device installed at the city’s police department to which direct alarms are connected by means of a leased telephone line or digital dialing device.

(2) Registration of Alarm Agents. No person shall engage in, conduct, or operate as an alarm agent without registering his name and filing a copy of his state identification card with the chief of police. No fee or application shall be required for such registration.

(3) Permits Required. It shall be unlawful for any person to use, install or cause to be installed an alarm system of any building, structure or facility within the city and under the person’s control without applying for and receiving an alarm system permit therefor. A separate alarm system permit shall be required for each building, structure or facility on which an alarm system is used or installed.

(4) Application for Permit. Application for an alarm system permit shall be made to the chief of police. The chief of police shall prescribe the form of the application and request such information as the chief deems necessary to evaluate and act upon the application, which information shall be submitted by the applicant under penalty of perjury. The police chief may establish procedures for the administration of this section and may establish conditions for the issuance of alarm system permits. The application shall be accompanied by the fee set from time to time by the city council.

(5) Fees and Charges – Police Department Response Services Charges. A service charge of $15.00 shall be paid to the city by the alarm system permit holder for a third response made to the location of a false alarm by the police department during the same 12-month period. A service charge of $30.00 shall be paid upon the fourth response made to the same location of a false alarm by the police department during any 12-month period, and a service charge of $45.00 shall be paid to the city upon the fifth and each subsequent response made to the same location of a false alarm by the police department during any 12-month period.

(6) Alarm Business Permit – Grounds for Denial. An application for any alarm business permit shall be denied if:

(a) The applicant knowingly made any false, misleading or fraudulent statement of a material fact in an application for the permit or in any report or record required to be filed with the city, pursuant to the provisions of this section;

(b) The applicant has been convicted of a felony or any crime involving theft or embezzlement; and

(c) The applicant has had an alarm system permit revoked by the police department for good cause within the past year and the applicant is unable to show a material change in the circumstances causing the revocation.

(7) Terminal Alarm Module.

(a) Authorization. The city manager may, with the approval of the city council, enter into appropriate agreements with an alarm agent, or agents, to provide a terminal monitor module at the police department. No exclusive contract will be entered into for the provision of a monitor module unless the monitor module will be accessible to all alarm systems desiring to utilize the system and will not be compatible only with the contractor’s system. No other direct alarm receiving mechanisms or systems shall be installed in the police department of the city unless specifically authorized by the city manager.

(b) Connection Module. Every direct alarm system shall be allowed a direct connection to the terminal monitor module upon payment of fees, submission of required emergency data, adherence to all provisions of this section, hold harmless agreement and such other requirements as may be established by the police chief.

(8) General Alarm Requirements.

(a) Delay Device. All alarm systems, other than those set forth in subsections (8)(a)(i) through (iv) of this section, that transmit a signal directly to the city’s police department or an alarm company central station through either a terminal monitor module or a telephone dialer with a pre-recorded message shall include a device which will provide a minimum 20-second delay between detection of the intrusion and the original transmission. Such a system must also activate a signal immediately in such a manner as to be perceptible to a person lawfully, entering, leaving, or occupying the premises. The audible device is intended to provide an opportunity for the person having lawful control of the alarm system to terminate its operation after activation, but prior to the transmission of a false alarm. All alarm systems shall be required to include a delay device as described herein within six months after the adoption of the ordinance codified in this section. The following alarm systems shall not be required to include a delay device:

(i) Those interior alarm systems which are activated as a “silent” alarm to announce an actual robbery in progress (commonly known as a 211 silent).

(ii) Those alarm systems installations which have been certified by Underwriters Laboratories (UL) and which are required to instantly transmit an activation in order to maintain their UL certification. Proof of such certification and requirement shall be provided to the city upon request.

(iii) That portion of any alarm system connected to windows, including display windows, skylights or other perimeter appurtenances not a normal means of entry or exit.

(iv) Supervised alarm systems.

(b) Response to Location. Whenever an alarm system has been activated, the owner or other person in control of the facility wherein such system is located shall arrive at such facility within one hour after being requested to do so by the police department. Such person shall then inspect, or cause to be inspected, the alarm system to ensure its proper operation. The city of Cudahy, its elected and appointed officers and each and every employee shall be held harmless for any malfunction of such alarm system or for failure to respond to an activation of the alarm system for whatever reason.

(9) Audible Alarm Requirements.

(a) No audible alarm system shall generate audible sound for longer than 15 minutes after activation where the alarm system is protecting a residential structure and not longer than 30 minutes where the alarm system is protecting a commercial structure.

(b) No person shall install or maintain any audible alarm system which creates a sound similar to that of an emergency vehicle siren or a civil defense warning system.

(c) Every person maintaining an audible alarm system shall post a notice containing the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm is activated. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building, structure or facility where the alarm system is located.

(10) Direct Dialer Restrictions. No person shall use, permit, or cause to be used any telephone device or telephone attachment that automatically selects any city or its police or fire department telephone number on other than a specific telephone line reserved for that purpose. Any such approved system may transmit the following message:

A (type of alarm) has activated at (name and address of business or residence). Please contact (name and telephone number of person or alarm agency who will respond to location). Repeat message 3 times.

“A 459 audible alarm has activated at the John Jones residence, 1234 East Main Street, Apartment B. Please contact Sam Jones at 3322344... A 459 audible alarm... etc.” (repeated twice more).

(11) False Alarm Prevention. The police department shall be notified prior to any service, test, repair, maintenance, adjustment alteration, or installation of a system which would normally result in a police response constituting a false alarm. Any alarm activated when such prior notice has been given shall not constitute a false alarm.

(12) Permit Revocation. An alarm system permit may be revoked by the chief of police for any of the following reasons:

(a) The failure to observe any of the regulations or provisions of this section.

(b) False representations knowingly made upon an application or notice of change required by the provisions of this section.

(c) Six false alarms from any system or systems at one premises, whether from more than one building, structure or facility during any 12-month period.

(13) Permit Revocation and Reinstatement.

(a) Notice of Effective Date. A written notice of revocation, stating the reason for such revocation, shall be personally served upon or mailed to the owner or lessee of the alarm system by certified mail at the address shown on the application or the latest notice of change on file with the city. In the event the notice of revocation is mailed, service shall be deemed complete upon deposit in the United States mail. The effective date of the revocation of an alarm system permit shall be 15 days after service of a notice of revocation. Said notice shall state that an informal hearing may be requested prior to the effective date of revocation. If such hearing is requested, the chief of police shall schedule a meeting at the earliest possible time which is mutually convenient to the parties. At the hearing, the chief of police shall make his decision within five days after the hearing, and shall, within 10 days of his decision, give written notice to the owner or lessee. Such notice shall include a statement of the reasons for the decision, and the effective date of the decision. The decision of the chief shall be final.

(b) Reinstatement of Police Response. In those cases where the permit has been revoked as set forth in subsection (13)(a) of this section, the prior permit holder may request a subsequent hearing to show proof that actions have been taken to correct the grounds for revocation of the permit. Such requests shall be submitted in writing to the chief of police. Upon receipt of such letter, the chief of police shall set the matter for an informal hearing as soon as practicable and provide the alarm owner and/or lessee with written notice of the time, date, and place of said hearing. The chief of police shall give the alarm owner and/or lessee at said hearing an opportunity to show proof that corrective actions have been taken. Based on the information presented, the chief of police may reinstate the permit, with or without conditions, refuse to reinstate the permit, or recommend additional corrective actions that are likely to result in reinstatement of the permit. The chief of police shall verbally advise the applicant for reinstatement of his determination and the reasons therefor at the conclusion of the hearing and provide written notice within five days thereafter.

(c) Refiling for Permit. After revocation of a permit, an applicant may refile for a permit if the applicant can show a material change in the circumstances that resulted in the revocation.

(d) Surrender of Permit. Whenever revocation of an alarm system permit becomes effective, the permit shall be surrendered forthwith to the chief of police, and the alarm system shall forthwith be removed or deactivated.

(e) Appeal. The owner and/or lessee of an alarm system who has received a notice of determination by the chief of police that the permit has not been reinstated, as provided by subsection (13)(b) of this section, may appeal said determination to the city manager within 15 days after receipt of said notice of determination from the chief of police. Said appeal shall be in writing, briefly stating therein the basis for such appeal. Upon receipt of such letter of appeal, the city manager shall give the appealing party and any other interested party a reasonable opportunity to be heard. In all cases, the burden of proof to show that the action of the chief of police was arbitrary or in excess of his authority shall be upon the appealing party. The determination of the city manager shall be final and conclusive.

(14) Authority to Inspect Installations. For the purpose of enforcing the provisions of this section, the chief of police, or his designee, shall have the authority to enter upon any premises within the city to inspect the installation and operation of an alarm system.

(15) Infractions. Violations of this section shall be deemed an infraction and shall be punishable by:

(a) A fine not exceeding $50.00 for a first violation;

(b) A fine not exceeding $100.00 for a second violation within one year;

(c) A fine not exceeding $250.00 for each additional violation within one year. (Ord. 333 § 1. 2002 Code § 3-1.40).

It shall be unlawful for any person to conduct or hold on property located in any residentially zoned district or partially or entirely used for residential purposes any dance or party which is open to the general public, and:

(1) For which brochures, posters, or handbills advertising the dance or party are distributed; or

(2) At which music, either live or recorded, is provided; or

(3) For which a charge or donation is required or solicited for admission.

This section shall not apply to dances or parties held on property owned or leased by a church or religious organization. (Ord. 343 § 1. 2002 Code § 3-1.41).

(1) The city council of the city of Cudahy as the legislative authority finds and declares that every and any building or place used for the purpose of unlawfully selling, serving, storing, keeping, or giving away of any controlled substance as defined under Sections 11000 et seq. of the Health and Safety Code is a nuisance, whether public or private.

(2) The city attorney of the city of Cudahy pursuant to Section 731 of the Code of Civil Procedure is directed to abate, prevent and enjoin the unlawful selling, serving, storing, keeping, or giving away of any controlled substance within any building or place in the city of Cudahy.

(3) Upon receiving notice through service of a certified copy of the ordinance codified in this section and CMC 9.04.410 and an order of abatement provided for in CMC 9.04.410(2)(d), any and every person who shall own, legally or equitably, lease, maintain, manage, conduct, or operate a building or place in the city of Cudahy which is declared to be a public or private nuisance as set forth and stated in subsection (1) of this section is deemed to be a person who has knowledge of such nuisance for the purpose of this section and is, thereafter, responsible for its maintenance, and shall be liable therefor. (Ord. 372 § 1. 2002 Code § 3-1.42).

(1) The city council may, upon its own motion, or upon written charges filed with council by the chief of police or the city attorney, set a public hearing before the council to determine if a nuisance as set forth in CMC 9.04.400(1) and any other appropriate state or local laws, exists. At the hearing, the persons described in CMC 9.04.400(3) shall be given an opportunity to appear, either personally or by counsel, to be heard, to defend themselves, and they may call witnesses on their behalf.

(2) Upon a specific finding that a nuisance, as defined in CMC 9.04.400(1) and any other appropriate state or local laws, exists in the city of Cudahy, the city council, in applying provisions of CMC 9.04.400 and this section to such nuisance, shall provide for the following by resolution:

(a) Declare the fact that such nuisance exists.

(b) Set forth the description or legal description and street address or location of the real property or place which constitutes a nuisance.

(c) Set forth evidentiary facts considered by the city council in arriving at its factual determination that a nuisance exists, as defined in CMC 9.04.400(1).

(d) Order all persons named in CMC 9.04.400(3) to summarily abate such nuisances immediately, by terminating the unlawful selling, serving, storing, keeping or giving away of any controlled substance as defined under the Health and Safety Code within the specified building or place.

(e) Order the city attorney to proceed as directed in CMC 9.04.400(2) and do all things necessary to abate, prevent or enjoin such nuisance, as defined in CMC 9.04.400(1), through judicial proceedings.

(f) Order that a certified copy of said resolution and a certified copy of the ordinance codified in CMC 9.04.400 and this section be delivered by personal service or first class mail to all persons of record having legal or equitable interest in the building or place where the nuisance exists and to any person who shall lease, maintain, manage, conduct or operate the building or place where the nuisance exists. (Ord. 372 § 2. 2002 Code § 3-1.43).

When any loud or unruly assemblage occurs or is held, and the sheriff’s department is required to respond to the scene in response to citizen complaints and the handling sheriff’s deputy at the scene determines that there is a threat to the public peace, health, safety, or general welfare, then that handling sheriff’s deputy shall notify the owner of the property where the assemblage exists and/or the person responsible for the said assemblage, that such person or persons, or in the case of a minor, the parents and/or guardians of such minor, will be held personally liable for the cost of providing additional sheriff personnel on special security assignment over and above the normal services provided by the sheriff’s department in response to such assemblage. Such person or persons shall be given a first warning, in the form of written notification by the said handling sheriff’s deputy as above described, that the first sheriff response as above described shall be deemed to be the normal police services provided. The sheriff personnel necessarily utilized within a 24-hour period of such first warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the normal services provided and the owner of the property and/or the person in charge of the property where such assemblage occurs, and/or the person responsible for such assemblage, shall be personally responsible for the cost of such special security assignment in an amount determined upon a cost accounting basis by the city. The cost of such special security assignment shall include damage to city or county property and/or injuries to city or county personnel. (Ord. 512 § 1; Ord. 479 § 1; Ord. 479-U § 1; Ord. 373 § 1. 2002 Code § 3-1.44).

(1) Nighttime Curfew. Unless the minor meets one or more of the exceptions set forth in subsection (3) of this section, it is an infraction for any minor to be present between the hour of 10:00 p.m. and the time of sunrise of the following day in or upon any of the following places: (a) any public or private street, road, drive, alley, or trail; (b) any public or community park or recreation area; (c) any public ground, place, or building; (d) any vacant lot or abandoned or vacant building; or (e) any establishment, as defined in subsection (7) of this section.

(2) Daytime Curfew. Unless the minor meets one or more of the exceptions set forth in subsection (3) or (4) of this section, it is an infraction for any minor subject to compulsory education or compulsory continuation education to be present between the hours of 8:30 a.m. and 3:00 p.m. of the same day on days when the minor’s school is in session, in or upon any of the following places: (a) any public or private street, road, drive, alley, or trail; (b) any public or community park or recreation area; (c) any public ground, place, or building; (d) any vacant lot or abandoned or vacant building; or (e) any establishment, as defined in subsection (7) of this section.

(3) General Exemptions. This section shall not apply if the minor is:

(a) Accompanied by a custodial person;

(b) On an errand directed by, and in possession of a written excuse from, a custodial person;

(c) Engaged in, going directly to or returning directly from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or by a similar entity that takes responsibility for the child;

(d) Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity;

(e) Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person;

(f) Involved in an emergency or seeking medical assistance;

(g) Exercising rights protected by the First Amendment of the United States Constitution or Article I of the California Constitution, including but not limited to: free exercise of religion, freedom of speech and freedom of assembly;

(h) In the right-of-way abutting the minor’s residence;

(i) In a motor vehicle involved in interstate travel;

(j) Emancipated pursuant to state law and California Family Code Sections 7000, et seq., including but not limited to emancipation for the following reasons: married or in the military service;

(k) Homeless.

(4) Exemptions for Daytime Curfew. Subsection (2) of this section shall not apply where:

(a) The minor is in possession of a valid school-issued, off-campus permit giving permission to leave campus;

(b) The minor is receiving home or private school instruction pursuant to Education Code Section 48222;

(c) The minor is receiving instruction by a qualified tutor pursuant to Education Code Section 48224;

(d) The minor is otherwise exempt by law from attendance at a public or private full-time day school; or

(e) The minor is authorized to be absent from school pursuant to the provisions of Education Code Section 48205, or any other applicable state or federal law.

(5) Parental Responsibility. Every custodial person who allows or permits a minor in his or her custody to violate any provision of this section is guilty of an infraction.

(6) Community Service or Parenting Classes for First Offense. On a first offense, the court may order community service or parenting classes instead of a fine, as may be appropriate.

(7) Definitions.

(a) “Custodial person” as used in this section shall mean any parent or legal guardian of the minor, or any person 18 years of age or older who is authorized by a parent or legal guardian to take care and custody of the child.

(b) “Emergency” as used in this section shall mean an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(c) “Establishment” as used in this section shall mean 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.

(d) “Minor” as used in this section shall mean a person under the age of 18 years.

(e) “Public place” shall mean 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.

(8) Enforcement Procedures. A police officer shall ask the age of an apparent offender and his or her reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in this section apply.

(9) Power of Law Enforcement Officers. Nothing in this section shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this section not been enacted.

(10) Penalties. A violation of this section or any provision thereof is punishable pursuant to CMC 1.36.010(1). (Ord. 602 § 1, 2007; Ord. 545 § 1; Ord. 527 § 1; Ord. 405. 2002 Code § 3-1.45).

It shall be unlawful for any person to knock at the door of, to ring the bell of, or otherwise to call upon more than one residence, without invitation, between the hours of 10:00 p.m. and 8:00 a.m. of the following day. This section shall not be interpreted to grant any person permission to enter upon private property. (Ord. 484 § 3. 2002 Code § 3-1.46).

(1) Definition of Public Place. For purposes of this section, a “public place” shall mean 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 house, office building, transport facility, shop, 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 house.

(2) 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 subsection (1) of this section under any of the following circumstances:

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

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

(3) 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.

(4) 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 section, is guilty of a misdemeanor.

(5) Penalty. Violation of this section shall be punishable by a fine not to exceed $500.00 or by imprisonment not to exceed six months, or both. (Ord. 554 § 2. 2002 Code § 3-1.47).

(1) Statement of Purpose. The purpose of this section is to establish a comprehensive set of rules and regulations for the use of public skate park facilities in the city of Cudahy.

(2) Definitions. For the purpose of carrying out the intent of this section, words, phrases and terms used herein shall have their ordinary meaning, unless otherwise indicated as follows:

(a) “Department” shall mean the city of Cudahy community services and recreation department;

(b) “Director” shall mean the city manager, or his or her designee;

(c) “Public skate park facility” shall mean any facility, structure or area in which skateboarding, in-line skating and/or roller skating is permitted pursuant to the provisions of this section, which is owned, operated and maintained by the city;

(d) “Roller skates” or “in-line skates,” including roller blades, shall mean any shoe, boot or other footwear to which one or more wheels are attached;

(e) “Skateboard” shall mean any platform of any composition or size to which two or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing or kneeling upon it and to which there is not affixed any seat or any other device or mechanism to turn and control the wheels;

(f) “Skate activity” shall mean the use of a skateboard, roller skates or in-line skates, including roller blades;

(g) “Skater” shall mean any person participating in skate activity.

(3) Hours of Operation. Public skate park facilities shall be open weekdays from 3:00 p.m. until 8:00 p.m. and weekends 12:00 p.m. to 6:00 p.m., or as otherwise posted by the director. It shall be unlawful for any person to use or remain in such facilities in violation of this section without written consent of the department. Public skate park facilities shall close in the event of rain, rainy conditions or otherwise wet areas.

(4) Prohibited Conduct. While in skate park facilities:

(a) No person shall ride or use any nonmotorized personal transportation other than roller skates, in-line skates or skateboards, including, but not limited to, bicycles, scooters, unicycles, go-carts and wagons, within the skating surface of any public skate park facility, or to cause nonmotorized personal transportation to be ridden or used within the skating surface of any public skate park facility;

(b) No food or drink is permitted at the skate park;

(c) No person shall possess any can, bottle or other receptacle containing any alcoholic beverage;

(d) No person shall allow or cause graffiti or tagging in, on or around any part of the public skate park facility;

(e) No person shall ride or use any roller skates, in-line skates or skateboards at a public skate park facility in a reckless manner or with willful disregard for the safety of persons or property, or to cause anyone using roller skates, in-line skates or skateboards to ride or use them in such a reckless manner;

(f) All skaters must skate safely and responsibly. No skater may enter the skate park when it is already being used to capacity;

(g) No person shall deposit or leave garbage, cans, bottles, papers, waste or refuse of any kind in a location other than a receptacle provided for such purpose or cause such items to be deposited or left in such a manner. If no receptacle is provided, each person shall be responsible for removing and disposing of such items from the public skate park facility;

(h) No person shall allow or cause any animal of any kind to be brought into a public skate park facility;

(i) No person shall allow or cause glass containers of any kind to be brought into any public skate park facility;

(j) No person, other than a skater, is permitted within the skating surface of a public skate park facility, except that spectators may sit or stand in areas designated for that purpose;

(k) No person shall place or utilize obstacles or other materials within a public skate park facility that are not affixed to a public skate park facility by the city for recreational purposes;

(l) No person shall use a public skate park facility while under the influence of alcohol or drugs that would impair that person’s judgment or motor skills;

(m) No person shall conduct organized activities, events or competitions without prior written permission from the director;

(n) No skate activity is permitted on the walkways, other boundary structures or seating areas immediately surrounding or adjoining a public skate park facility;

(o) Use of profanity or abusive language is strictly prohibited and shall result in automatic expulsion from the skate park and penalties provided for in this section;

(p) No loud music shall be permitted at the skate park;

(q) All children under age 11 who wish to utilize the skate park must be accompanied by an adult.

(5) City Immunity from Liability. All skate activity within any public skate park facility is deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code and the city of Cudahy may not be held liable for injuries sustained or incurred by persons who participate in any such hazardous recreational activity.

(6) Protective Gear Requirement. All skaters must wear a safety helmet, elbow pads and kneepads while participating in skate activity within a public skate park facility. Skaters using skateboards must wear shoes (no bare feet or sandals). All such protective gear must be functional and protective, properly sized and designed for their intended use at the public skate park facility.

(7) Other Regulations. The director may set forth any other rules and regulations for the use of a public skate park facility, which he or she deems appropriate; provided, that signs describing such rules and regulations are placed and posted pursuant to this section.

(8) Signage and Posting Requirements. In order to provide reasonable notice to the public, the director shall place and post signs in one or more conspicuous and visible area(s) of a public skate park facility designating the facility, structure or area as a public skate park facility, specifying the rules and regulations established pursuant to this section, and prohibiting the activities described herein.

(9) Penalties. Any violation of this section, or the Article hereby adopted, shall constitute an infraction and shall be punishable as set forth in CMC 1.36.010(2).

(10) Additional Enforcement. The director or his or her designee shall have the authority to eject and expel from the skate park any person who is in violation of any provision of this section. (Ord. 583. 2002 Code § 3-1.48).