Dos Palos Municipal Code Ch. 9.08 (reserved)

136

9.12.010

III. Offenses Against Decency

Chapter 9 .12

PUBUC DRUNKENNESS*

S~tions:

liquors unlawful when.

• For statutory defmition of alcoholic beverages, see Bus. and Prof. Code § 23004.

It is wilawful for any person in an intoxicated or drunken condition or under the influence of any intoxicating liquor or drugs to be in any public place or place open to the public view, or upon any street or alley, or to be in any vehicle in any public place or upon any street or alley within the corpo- rate limits of the city. (Ord. 112 (part), 1961: Ord. 3 Ch. 3 Art. 1 § 3,. 1935)

9 .12.020 Serving, drinking intoxicating liquors unlawful when. It is unlawful for any person to have in his or her possession any open container of any spirituous, vinous, malt or any other intoxicating liquors, or to consume any spirituous, vinous, malt or any other intoxicating liquors in or upon any of the streets, sidewalks or alleys in the city or on the Little League Ballpark property, except when specific permission is granted for private parties by the city council. (Ord. 260 § 1, 1983: Ord. 233 § 1, 1980: Ord. 112 (part), 1961: Ord. 3 Ch. 3 Art 1 § 3.1, 1935)

137 (Dos Palos 9-98)

9.13.010

Chapter 9.13 their intentionally wrongful conduct. (Ord. 317 ~
(part). 1993) 1 J
EMERGENCY RESPONSE COST
RECOVERY PROGRAM 9.13.020 Program approved.
1be city council approves the program in accor-

Sections: dance with the provisions of California Government

Whereas: procedures to implement the program: It is the policy of the city to discourage the oper- A. A motorist arrested for driving under the ation of motor vehicles while under the influence of influence of alcohol !),nd/or drugs will be billed if all alcohol and/or drugs; and of the following criteria ·are rtiet: - It is the policy of the city to encourage careful •1, •·Driving under the jnfluence of alcohol and/or and responsible conduct by persons operating motor rugs is rvidencedhy <:>bJe.ctlve symptoms ObseIVed vehicles; and by the arresting officer and a. complaint is flied Negligent driving under the influence of alcohol through the appropriate district attorney's office and/or drugs is intentional wrongful conduct; and c;harging the driver ·wif? an alcohol or drug related Persons who willfully conduct themselves in a Vehicle Code violatims; and , manner which hnposes an extraordinary burden on 2. Negligent operation of a motor vehicle is evi- the public should bear a share of that burden; and denced by either an accident or the commission of 'The city wishes to implement a negligent driving a mov}ng violation as defined under the Vehicle Wider the influence and intentionally wrongful con- Code, Sections 21 lOQ et" seq.;_ and duct emergency response cost recovery program 3. The incident evidenced by an accident or a (hereinafter called ''program") in accordance wi1h • moving violation was proximately caused. by the the California Government Code Sections 531~ •driving under the influence of alcohol and/or drugs; 51158, which allows for the collection of emergency ~ response costs against: (1) any person whose negli- 4. Toe incident necessitated an emergency re- gent operation of a motor vehicle, boat or vessel. or sponse. which entailed the use of emergency equip- civil aircraft while under the influence of an alco~ ment by police or fire units responding to the in.ci- holic beverage or drug proximately causes any inci- dent; and dent resulting in an emergency response by the city 5. A criminal conviction arising; out of the inci- police department or fire department; and (2) any dent is obtained. person whose intentionally wrongful conduct proxi- B. A person arrested for other criminal acts mately causes any incident resulting in an emergen- resulting from intentionally wrongful conduct will cy response by the city police department or fire be billed if convicted of an intentional criminal department; and act(s). including, but not limited to, assault. battery 'The council finds that the program is of the ut- and domestic violence. most importance to the promotion of the general C. - The city will bill violators for costs to the welfare and safety of the people of Dos Palos be- city of the emergency response. including laboratory cause it is designed and intended to encourage safe fees, booking fees, costs of repairing or replacing driving by requiring such persons to pay part of the city property damaged or destroyed due to the cost to the city of responding to incidents caused by person's conduct; and the hourly salary and fringe

(Dos Palos 9--98} 138

9.13.030

benefit cost of emergency and support personnel prorated for the time it takes to complete the emer- gency response and resulting arrest D. Toe city will treat the costs as a civil debt of the person which is collectible by the city in the same manner as a contract obligation. E. If the cost bill is not paid witllin thirty days after the initial bill is mailed by the city or no ar- rangements are made for partial payment during the thirty-day period, then the bill will be considered delinquent F. If a violator refuses to pay the city, the city may pursue recovery in small claims court. The action will not be initiated until after criminal charg- es have been adjudicated. G. As an alternative, in all appropriate cases, the city will seek to have payment of the bill imposed as a condition of probation. H. If a person, who has paid an emergency response cost recovery bill, is not convicted of criminal charges, the city will allow for reimburse- ment I. Any person receiving a bill has the right to appeal the bill to the chief of police. Toe chief of police will review the bill for accuracy. If the bill is found to be in error, then the bill will be correct- ed, or, if appropriate, rescinded. (Ord. 317 (part), 1993)

138-1 (Dos Palos 9-98)

9.14.010

Chapter 9.14 to any person under eighteen years of age. (Ord. 337
(part). 1996)
PARENTAL RESPONSIBILITY

Sections: The parent(s) or legal guardian(s) of any depen- 9.1--:-4.:-:0::-::cl--=--O--=Purp--ose._____ _ aeiitclilld or juveffile offeruler who violates-any

and pay juvenile offender fee. person or persons and/or against private or public

offenses. occurrence or offense be counseled by the police

offender fee(s). be cited a juvenile offender fee of twenty dollars to

crimes against person or persons. 9.14.040 . Failure to receive counseling and

service upon conviction of Failure to receive counseling an~ pay a juvenile crimes against private or public . offend.er fee of twenty dollars shall result in all of property. the following:

unpaid restitution. tective services or another applicable agency; and

or legal guardian upon legal proceedings) the parent(s) or legal guardian(s) subsequent juvenile conviction. for the unpaid twenty dollar juvenile offender fee

The citizens of Dos Palos are concerned with the The parent(s) or legal guardian(s) of any depen- proliferation of illegal activity, particularly theft and dent child or juvenile offender who violates any vandalism by minors. A parent and/or legal guardian state law or local ordinance within the city limits of is directly responsible for the conduct of a depen- the city, including violation of curfew, loitering, dent child. Parents and/or legal guardians should graffiti, theft, vandalism or any other offense again~ strive to exercise care and supervision that will . person or persons and/or against private or public prevent the occurrence of juvenile crime. Parents property shall upon arrest for the second and each and/or legal guardians should foster respect for per- subsequent incident, occurrence or offense, be coun- sons and for public and private property among seled by the police department and shall upon the juveniles. (Ord. 337 (part). 1996) release of the juvenile be cited a repeat juvenile offender fee of forty dollars per incident,

For purposes of this chapter: dependent child, 1996) juvenile, juvenile offender and minor, shall all refer

(Dos Pi!Ios 9-98)

9.14.060

9.14.060 Failure to pay repeat juvenile 9.14.100 Community service by parent or offender fee( s). legal guardian upon subsequent Failure to pay a repeat juvenile offender fee of juvenile conviction. forty dollars shall result in all of the following: The parent or legal guardian of any juvenile A. Referral of the juvenile offender to child offender convicted of a second or subsequent of- protective services or another applicable agency; and fense of a crime against person, persons, or private B. The city shall bill (or seek payment through or public property shall, as adjudicated by the juve- legal proceedings) the parent(s) or legal guardian(s) nile court, serve a minimum of one hour of commu- for any unpaid juvenile offender fees, any unpaid nity service for each juvenile offense, assigned by repeat juvenile offender fees, and any unpaid penal- the city. (Ord. 337 (part), 1996) ty processing fees, and the city shall charge an additional forty dollar penalty processing fee. (Ord. 9.14.110 Fee changes. 337 (part), 1996) The city council shall have the authority to amend fee amounts in this chapter by resolution.

crimes against person or persons. Any juvenile offender convicted of a crime 9.14.120 Severability. against person or persons shall upon conviction of If any provision or any portion thereof contained same be made responsible for any and all medical in this chapter is held to be unconstitutional, unen- and personal injury cost or costs, caused by the act forceable, or invalid, the remainder of this chapter or acts of the juvenile offender. (Ord. 337 (part), or portion thereof shall be deemed to be severable 1996) and shall not be affected and shall remain in full force and effect. (Ord. 337 (part), 1996)

service upon conviction of crimes against private or public property. Any· juvenile offender convicted of a crime against private or public property shall upon convic- tion of same, as adjudicated by the juvenile court, be made responsible for any and all cleanup, re- placement or repair costs to the property damaged by the act or acts of the juvenile offender and shall serve a minimum of four hours of community ser- vice for each incident, assigned by the city. (Ord. 337 (part), 1996)

restitution. Any fee or restitution within this chapter as adju- dicated by the court and assigned to the juvenile of- fender, which remains unpaid sixty days after the date of conviction shall be the full responsibility of the parent(s) or legal guardian(s). (Ord. 337 (part), 1996)

138-3 (Dos Palos 9.98)

9.16.010

Chapter 9.16 door, the above time restriction shall not apply on
Friday, Saturday and Sunday nights. (Ord. 161
GAMBLlNG, CARDROOMS* (part), 1971: Ord. 112 Art 2 § 3, 1961)

----- -Sections: ____ _ 9.16.040 Investigation-Appeal

shall be issued. After conducting such investigation, * For statutory definition and prohibition of gambling. see Penal if the chief of police finds that the character, reputa- Code § 330 et seq.; for provisions defining and prohibiting lotter- ies, see Penal Code § 335a et seq,; for prohibition against book- tion, or fitness of any such person, place or estab- making, see Penal Code § 337a. lishment is good, he shall notify the city fire chief, who shall make an inspection of the premises for

Every person who deals, plays, or carries on, city fire chief written statement that in his opinion opens, or causes to be opened, or who conducts, the premises can safely be utilized for the purpose either as owner or employee, whether for hire or for which the license is required, the city clerk shall not, any game of faro, monte, roulette, lans-quenet, issue the license in accordance with city licensing rouge-et-noir, rondo, tan, fantan, stud-horse poker, provisions. If, after conducting such investigation, seven and a half, twenty-one, hokey-pokey, or any the chief of police finds that the character, reputa- banking or percentage game played with cards, dice, tion or fitness of any such person, place or estab- or any device, for money, checks, credit, or other lishment is undesirable, then he shall deny the appli- representatives of value, and every person who plays cant a license; and shall notify the applicant of such or bets at or against any of said prohibited games, fact, whereupon the applicant may appeal to the is guilty of a misdemeanor. (Ord. 112 Art. 2 § 1, council. At the time of any appeal to the council 1961) there shall be made available to the applicant the facts upon which the denial of the license, or the

Every person who maintains a place where card council, after public hearing, concurs in the findings tables are furnished to the public for the playing of of the chief of police, then no license shall be issued games or cards thereon shall be considered to be to the applicant. (Ord. 112 Art. 2 § 4, 1961) engaged in the business of furnishing card tables to the public for the purpose of playing games or cards thereon. (Ord. 112 Art. 2 § 2, 1961)

The playing of cards or card games is prohibited between the hours of two a.m. and six a.m. of any day, except that in establishments serving alcoholic beverages where the beverage storage and dispens- ing facilities are partitioned off from the card play- ing area and kept locked and at all times access to the card playing area is available to police or other authorized personnel through at least one unlocked

(Dos Palos 9-98) 138-4

ORDINANCE 367 AN ORDINANCE OF THE CITY OF DOS PALOS AMENDING CHAPTER 9.15 OF THE DOS PALOS MUNICIPAL CODE The City Council of the City of Dos Palos hereby ordains that the following be added, and adopted into the Municipal Code:, (Chapter) 9.15 Business Operator/Property Owner Responsibility (Section) 9.15,10 Pride. A property owner in the City of Dos Palos should realize that the City takes a great deal of pride in the quality of its parks, schools, businesses, and residential neighborhoods. In order to maintain and enhance this quality and encourage re-investment in the community, the City must insist that real property within the city be maintained in compliance with all applicable code provisions. The City can best preserve its health, safety, vitality, value, and attractiveness with these factors in mind. , It is in the property owners' best interests to protect their investment by properly maintaining their property.