Culver City Municipal Code Ch. 13.01 General Provisions

Section

General Provisions

Gambling

Cross-reference:

Games, amusements, and entertainments, see Ch. 11.06

GENERAL PROVISIONS

A. Statements. It shall be unlawful for any person to wilfully make or file, on his own behalf or for any other person, firm or corporation, a false or misleading oral or written statement, under any form of oath, to the City Council or any City officer. The prohibition contained in this Section shall apply to all applications, matters or issues in which the City has an interest in the protection of the public welfare.

('65 Code, § 23-7)

B. Reports. It shall be unlawful for any person, on his behalf or for any other person, firm or corporation, to wilfully make or file a false or misleading oral or written report to the Police or Fire Divisions of the City of Culver City for the purpose of causing said Divisions to make an investigation of the subject matter of such report or for the purpose of misleading an employee officially acting in said Divisions.

('65 Code, § 23-8)

(Ord. No. CS-473 §§ 1, 2)

A. Regulating circulation of. It shall be unlawful for any person who circulates, as principal or agent, or who has in charge and/or control of the circulation of any petition provided for by law, to misrepresent or make any false statement of a material fact or matter relating to or concerning the contents, purposes, purport or effect of any such petition or of and concerning any person or persons, directly or indirectly connected with the subject matter of said petition, to any person for the purpose of securing signatures, whether the signature of such solicited person be thereby secured or not. Petitions intended or required to be presented to the City Council shall be subject to the regulations of this Subsection.

('65 Code, § 23-31)

B. Misrepresentation prohibited. It shall be unlawful for any person, as principal or agent, to wilfully and/or knowingly circulate, publish, or exhibit any false statement or misrepresentation of a material fact or matter relating to or concerning the contents, purport, purposes or effect of any petition, or of and concerning any person directly or indirectly connected with the subject matter of said petition, for the purpose of thereby obtaining signatures or for the purpose of thereby attempting to persuade any person to sign, or not to sign, any such petition.

('65 Code, § 23-32) (Ord. No. 379)

A. No person, within the City of Culver City, shall in any nature or manner, publicly or privately deface, alter, cut up for sale or resale, or mutilate, for exhibition, advertisement or display, or attempt to deface, alter, cut up for sale or resale, or mutilate for exhibition, advertisement or display any flag, standard, colors, ensign, or any part thereof, of the United States of America; and no person shall expose or cause to be exposed to public view any such flag, standard, colors, ensign, or any part thereof, so defaced, altered, cut up or mutilated for exhibition, advertisement or display.

B. No person shall sell, exchange, give away, offer or expose for sale or resale any flag, standard, colors, ensign, or any part thereof, for purposes of being defaced, altered, cut up or mutilated.

('65 Code, § 24-41) (Ord. No. CS-627 § 1 (part))

A. Definition. For the purpose of this Section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

FLAG. Every flag of the United States and every picture or representation thereof, of any size, made of any substance, or represented on any substance evidently purporting to be any such flag of the United States and every picture or representation which shows the design thereof.

Exceptions. No provision of this Section which makes unlawful the use or manner of display of the flag of the United States of America or of any picture or representation thereof shall apply to any rule or custom permitted by Public Laws 623 and 829 — 77th Congress, being 36 USC 173 et seq. or permitted by proclamation of the President of the United States, or to any act permitted by other statutes of the United States or of this State, or by any regulations of the Armed Forces of the United States, nor shall it be construed to apply to any newspaper, periodical, book, pamphlet, circular, certificate, diploma, warrant, or commission of appointment to office, ornamental picture, article of jewelry, or stationery for use in correspondence, on which is permitted, or placed a flag with no design or writing thereon and not connected with any advertisement.

B. It shall be unlawful for any person to willfully use or display the flag of the United States of America in any manner contrary to this Section.

1. The flag shall not be dipped to any person or thing.

2. The flag shall never be displayed with the union down save as a signal of dire distress.

3. The flag shall never touch anything beneath it, such as the ground, the floor, water, or merchandise.

4. The flag shall never be used as drapery of any sort whatsoever, never festooned, drawn back, nor up, in folds, but always allowed to fall free.

5. The flag shall never be carried flat or horizontally, but always aloft and free.

6. The flag shall never be fastened, displayed, used, or stored in such a manner as will permit it to be easily torn, soiled, or damaged in any way.

7. The flag shall never be draped over the hood, top, sides, seats, or back of a vehicle or of a railroad train or of a boat. When a flag is displayed on a motor vehicle, the staff shall be fixed firmly to the chassis or clamped to the radiator cap.

8. The flag shall never be used as a covering for a ceiling.

9. The flag shall never have placed upon it, nor any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.

10. The flag shall never be used as a receptacle for receiving, holding, carrying, or delivering anything.

11. The flag shall never be used for advertising purposes in any manner whatsoever. It shall not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard; or used as any portion of a costume or athletic uniform. Advertising signs shall not be fastened to a staff or halyard from which the flag is flown.

12. The flag, when it is in such condition that it is no longer a fitting emblem of display, shall be destroyed in a dignified way, preferably by burning.

('65 Code, § 23-42) (Ord. No. CS-627 § 1 (part))

A. No person except a public utility engaged in the business of providing communications services and facilities shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will upon activation, either mechanically, electronically or by other automatic means, initiate an intrastate call and deliver a recorded message to any telephone number assigned to any subscriber by a public telephone company, without the prior written consent of such subscriber.

B. The term “telephone number” includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with the subscriber to such primary number when the primary telephone number is in use.

('65 Code, § 23-48) (Ord. No. CS-675 § 1)

A. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint containers, or marker pens with tips exceeding four (4) 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.

B. Violation of this section is a misdemeanor punishable by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment.

('65 Code, § 23-58) (Ord. No. 93-009 § 1)

GAMBLING

It shall be unlawful to operate, maintain, or keep or tolerate or permit the operation, maintenance or keeping of any and all games of chance, betting and bookmaking device or facility, card games, lottery or gambling device, slot machines, punch boards or gambling machines, or any other machine facilities or devices prohibited by Federal or State Law or City Ordinances.

('65 Code, § 23-13) (Ord. No. CS-24 § 2 (k))

It shall be unlawful for any person, firm, or corporation to have in his or its possession in the City, a book or books, paper or papers, apparatus, device or paraphernalia for the purpose of recording, registering, forwarding or paying, or any betting marker or other memorandum, writing or record of, any bet or bets, or any purported bet or bets, or wagers, or any purported wager or wagers, upon the result, or purported result of any trial, or purported trial, or contest, or purported contest, of skill, speed, or power of endurance of man or beast, or between men, beasts or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, or contingent event whatsoever.

('65 Code, § 23-14) (Ord. No. CS-120)

It shall be unlawful for any person, firm or corporation to keep, maintain, possess, or have under control in any place of public resort, either as owner, lessee, agent, employee, mortgagee, or otherwise, any table game or device commonly known as a “pin game” or “marble game,” or any claw, scoop or grab machine, or any “horse racing” machine or game, or any device similar thereto, the operation, use or play of which is controlled by placing therein any coin, plate, disk, plug, key or other device, or by the payment of any fee.

('65 Code, § 23-15) (Ord. No. 521 § 1)

Any equipment, machine, contrivance, appliance, device, game, instrument or article operated, used, kept, possessed or maintained in violation of the provisions of this Subchapter is hereby declared to be a nuisance and shall be abated upon the conviction or plea of guilty to any violation of the provisions of this Subchapter by any person, firm or corporation and shall be destroyed under the direction of the Chief of Police of the City.

('65 Code, § 23-16) (Ord. No. 521 § 2)

If any prohibited device contains money and is subject to destruction as provided in § 13.01.115, it shall be deposited in the General Fund of the City as part of such fund.

('65 Code, § 23-17) (Ord. No. 521 § 3)

It shall be unlawful for any person, either as principal, agent, employee, or otherwise, to keep, conduct or maintain any house, room, premises or place used, or held in part, as a gambling house, where that certain game played with cards commonly known as “Draw Poker” is played and carried on for money or any representative of value.

('65 Code, § 23-18) (Ord. No. 523 § 1)

It shall be unlawful for any person to play, bet at, on or against, or conduct or permit to be conducted on any premises, any game not mentioned in Cal. Penal Code §§ 330 or 330a which is played, conducted, dealt, or carried on with cards, dice, billiard balls, pool balls, cues, or other devices, for money, check, chip, credit, or any other representative of value, or for any other thing of value.

('65 Code, § 23-19) (Ord. No. CS-559)

It shall be unlawful in the City for any person, firm, corporation, or association, either as owner, lessee, manager, employee, agent or servant, to conduct, manage, carry on, maintain, operate, open, deal or deal in, or to cause or permit to be conducted, managed, carried on, maintained, operated, opened, dealt or dealt in, any game, operation or transaction wherein any prize, gift, rebate, compensation, reward, award payment or gratuity, consisting of any money, check, token, credit, goods, wares, merchandise, property or thing of value is or is to be given, awarded or delivered, either directly or indirectly, and wherein chance is a determining factor or is any determining factor of the result of such game, operation or transaction, which game, operation or transaction is conducted, carried on, maintained, operated or played by the throwing, tossing, dropping, depositing or placing of any ball, marker, object, thing or substance into any perforation, hole or indentation in or upon any surface, receptacle, container, object or thing having marked, designated or identified thereon by or with any figure, number, character, symbol, letter, design or mark by means of any device, apparatus or equipment, or by any means or in any manner, or by the drawing, selecting, choosing or removing from any receptacle or container of any ball, disk, object, substance or material marked, designated or identified by or with any figure, number, character, symbol, letter, design or mark, any such figure, number, character, symbol, letter, design or mark herein above referred to, corresponding to, duplicating, referring to or relating to, in whole or part, directly or indirectly, any figure, number, character, symbol, letter, design or mark upon any card, paper, board, fabric, surface, object, substance or thing, held, used, operated or maintained by any player or participant therein or by any person where, by any predetermined or prearranged, or by any rule, method, scheme, design or procedure any person is found, declared or determined to be, or is, or is to be, the winner, donee, recipient, or taker of such prize, gift, rebate, compensation, reward, award payment or gratuity, in the event that such player or participant pays, deposits, expends, gives or pledges, either directly or indirectly, or agrees, promises or intends to pay, deposit, expend, give or pledge, either directly or indirectly, any money, check, credit, property or thing of value, or makes or agrees to make any purchase for the privilege of playing or participating therein or of gaining admission to the place or premises where such game, operation or transaction is or is to be played, conducted, carried on, maintained or operated, or to any other place or premises; provided, however, that no provisions of this Subchapter shall be deemed or construed as prohibiting any act made unlawful by the provisions of Cal. Penal Code §§ 330 or 330a, or 320, or of any other code section or general law of the State of California, it being the intent of the City Council to prohibit by this Subchapter all games, operations or transactions herein described, not prohibited by the provisions of any general law of this State, including all games, operations or transactions for profit commonly known as keno, tango, movie tango, bingo, beano, skill ball, fortune, Quinta, fascination or inspiration and all games, operations or transactions similar thereto under whatever name they may be designated.

('65 Code, § 23-20) (Ord. No. 523 § 8)