Chapter 16 — MISCELLANEOUS PROVISIONS AND OFFENSES

Cross reference— Advertising and display of adult materials, § 3-51 et seq.; smoking, § 13-56 et seq.; meetings, demonstrations and parades, § 17-5; noise, § 18-61 et seq.; graffiti, § 18-91 et seq.; litter, ch. 24, art. VII.

(a)

The purpose of this section is to encourage the maintenance of residential properties in a manner so as not to detract from the appearance of a neighborhood and to protect the value of such properties. It is not intended to restrict the freedom of the individual occupying a home in the city to perform minor maintenance or repair of an automobile, so long as no work is done which constitutes a nuisance to neighbors or the community in general.

(b)

No motor vehicle shall be stored or parked and no work shall be done on any motor vehicle stored or parked for a period in excess of two hours on private property in a residential zone, as such is defined by chapter 30, except in a garage or in a space entirely enclosed with a solid fence, hedge or screen each not less than six feet in height, unless such motor vehicle is then capable of movement under its own power.

(c)

No motor vehicle shall be parked or stored between the established setback line and the main travelled portion of the street except within and upon a driveway.

(d)

Automobile parts, new or used, shall be stored in a garage or wholly enclosed structure only.

(e)

No motor vehicle shall be repaired or parts removed therefrom while such automobile is parked or stored within the front setback area of a lot or the required side yard of a corner lot.

(Code 1968, § 18-1)

Cross reference— Motor vehicles and traffic, ch. 17; zoning, ch. 30.

(a)

Definitions. The following definitions apply to sections 16-2, 16-3 and 16-15:

(1)

Emergency means the unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to fire, explosion, natural disaster, automobile accident or requirement for immediate medical care for another person.

(2)

Establishment means any privately owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment.

(3)

Juvenile means any person under 18 years of age.

(4)

Parent means a person who is the natural parent, step-parent or adoptive parent of a person. This includes a court appointed guardian or other person 18 years of age or older authorized by the parent, by a court order or by a court appointed guardian to have the care and custody of that juvenile.

(5)

Public place means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, parks and the common areas of schools, apartment houses, hospitals, office buildings, transport facilities, shopping centers, and malls.

(b)

Curfew for juveniles - hour and exemptions. It is unlawful for any juvenile to remain in any public place or on the premises of any establishment in the city between the hours of 10 p.m. of any day and sunrise of the following day unless the juvenile is:

(1)

Accompanied by the juvenile's parent;

(2)

On an errand at the direction of the juvenile's parent;

(3)

In a motor vehicle involved in interstate travel;

(4)

Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5)

Involved in an emergency;

(6)

On the sidewalk abutting the juvenile's residence;

(7)

Attending an official school, religious, or recreational activity supervised by one or more adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop;

(8)

Exercising First Amendment rights protected by the United States Constitution; or

(9)

Emancipated pursuant to law.

(c)

Parent or guardian responsibility. It is unlawful for the parent of any juvenile to knowingly permit or, by insufficient control, to allow the juvenile to be in violation of any section of this chapter.

(Code 1968, § 18-2; Ord. No. 1230, § 1, 11-18-97)

A peace officer may issue a citation to any juvenile or parent found to be in violation of sections 16-2 or 16-15 and may detain any juvenile, until the juvenile can be placed in the care and custody of a parent or legal guardian. If cited, the juvenile and a parent shall appear in court as directed by the citation.

(Code 1968, § 18-3; Ord. No. 1230, § 3, 11-18-97)

No person shall use offensive language, as defined in Penal Code § 415, or obscene language, as defined in Penal Code § 311, on any public street or other public place or in any public dancehall, club dance, skating rink or place of business open to public patronage.

(Code 1968, § 18-4; Ord. No. 1086, § 25, 8-17-93)

State Law reference— Indecent language, Penal Code § 415.

(a)

Definitions. The following definitions apply to this section:

(1)

Aggressively begs means to beg with the specific intent to intimidate or with specific intent that one's act or statement is taken as a threat and that even if there is no intent of actually carrying out the threat, the behavior is so unequivocal, unconditional, and specific as to convey to a person the gravity of purpose and an immediate execution of the threat such as would cause a reasonable person to be in fear for his own safety or for his immediate family's safety.

(2)

Beg means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means.

(3)

Intimidate means to frighten, especially to influence by threats.

(4)

Obstructs pedestrian or vehicular traffic means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's

constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to section 17-5 shall not constitute obstruction of pedestrian or vehicular traffic.

(5)

Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including such of the foregoing areas which food or drink is served or entertainment is provided, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

(b)

Interference. A person is guilty of pedestrian interference if, in a public place, he intentionally:

(1)

Obstructs pedestrian or vehicular traffic; or

(2)

Aggressively begs.

(Ord. No. 1064, § 1, 10-6-92)

(a)

No person shall inhale, breathe or drink any compound, liquid, chemical or substance known as glue, adhesive cement or mucilage dope, or any other material or substance or combination thereof, with the intent of becoming intoxicated, elated, dazed, paralyzed, irrational or in any other manner changing, distorting or disturbing the eyesight, thinking process, balance or coordination of such person. For the purpose of this section, any such condition so induced shall be deemed to be an intoxicated condition.

(b)

The provisions of this section shall not pertain to any person who inhales, breathes or drinks such material or substance pursuant to the direction or prescription of any doctor, physician, surgeon, dentist or podiatrist authorized to so direct or prescribe.

(Code 1968, § 18-19)

No person shall publicly expose his person or make indecent gestures, as defined in Penal Code § 314, or use or make any profane language, as defined in Penal Code § 415, or use or make any lewd or obscene language or noise, as defined in Penal Code § 311, within the city, whereby the good order is violated or the public peace is disturbed or public decency is outraged.

(Code 1968, § 18-20; Ord. No. 1086, § 27, 8-17-93)

State Law reference— Indecent language, Penal Code § 415.

(a)

This section is enacted pursuant to Penal Code §§ 318.5 and 318.6. All words used in this section which also are used in Penal Code §§ 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in Penal Code §§ 318.5 and 318.6. As used in this section and in Penal Code §§ 318.5 and 318.6, the word "theater" means a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery and theatrical or vaudeville or similar performances are given and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, and for which a license for a theater is in full force and effect.

(b)

Every person is guilty of a misdemeanor who, while participating in any live act, demonstration or exhibition in any public place, place open to the public, or place open to public view:

(1)

Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region;

(2)

Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

(3)

Exposes any portion of the female breast at or below the areola thereof.

Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in this subsection.

(c)

Every person is guilty of a misdemeanor who, while acting as a waiter, waitress or entertainer in an establishment which serves food, beverages, or food and beverages, including but not limited to alcoholic beverages, for consumption on the premises of such establishment:

(1)

Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region;

(2)

Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

(3)

Exposes any portion of the female breast at or below the areola thereof.

Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in this subsection.

(d)

For purposes of this section, a person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity, without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.

(e)

Every female is guilty of a misdemeanor who, while participating in any live act, demonstration or exhibition in any public place, place open to the public or place open to public view, or while serving food or drink or both to any customer:

(1)

Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line;

(2)

Employs any device or covering which is intended to simulate such portions of the breast; or

(3)

Wears any type of clothing so that any portion of such part of the breast may be observed.

(f)

This section does not apply to:

(1)

A theater, concert hall or similar establishment which is primarily devoted to theatrical performance.

(2)

Any act authorized or prohibited by any state statute.

(Code 1968, § 18-20.1)

Every person who remains upon any private property or business premises within the city, after being notified by the owner or lessee or other person in charge thereof to remove therefrom, is guilty of a misdemeanor.

(Code 1968, § 18-22)

Every person who, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises within the city, enters upon such private property or business after having been notified by the owner or lessee or other person in charge thereof to keep off or keep away therefrom is guilty of a misdemeanor.

(Code 1968, § 18-23)

No person shall linger, loiter, sit, stand or otherwise use for any purpose any parking or open space on any commercial or private property in such a manner as to violate the expressed wish of the owner, legal tenant or manager of such commercial or private property.

(Code 1968, § 18-26)

(a)

Prohibited. It shall be unlawful for any person to construct, cause to be constructed or maintain an electric fence within the city.

(b)

Definition. For the purpose of this section, an electric fence is defined as any bare wire or conductor which is supported on insulators and is located outdoors within eight feet of the ground or a walking surface and is attached to a post, fence, wall, tree or structure, and which is capable of being energized from any electrical source, including batteries, unless such bare wire or conductor is guarded against accidental contact by forms of enclosures approved by the current edition of the National Electrical Code. Not included in this definition of electric fence are wires or conductors utilized for railway signaling and communication installations, installations under exclusive control of electric utilities, communication equipment under exclusive control of communication utilities and bare conductors which are specifically permitted in the current edition of the National Electrical Code.

(c)

A violation of this section is a misdemeanor.

(Code 1968, § 18-29; Ord. No. 1149, § 3, 3-6-95; Ord. No. 1768, § 2(Exh. A), 9-26-17)

No person shall sell or cause to be sold any item commonly known as a stink bomb to any person within the city limits. Furthermore, no person shall operate a stink bomb within the city limits. Operation of stink bombs within city limits is hereby declared to be a nuisance pursuant to this city Code. Any person who violates the provisions of this section is subject to all penalties provided for in this Code.

(Ord. No. 1074, § 1, 4-6-93)

(a)

The purpose of this section is to protect the integrity of the 9-1-1 emergency system by requiring property owners and tenants to report to their local telephone service provider all alterations which they make to the internal telephone wiring in their buildings and changes which they make to the suite or unit numbers on their multiunit buildings which may interfere with the master street addressing guide (MSAG) or the automatic location information system (ALI) that the city's police department uses to respond to calls for emergency assistance.

(b)

Definitions. For the purposes of this section, the following words and phrases shall have the meaning respectively ascribed to them below:

City manager means that person designated as the City Manager of the City of Fontana or his or her designee.

Internal telephone wiring means that portion of telephone cable wiring that connects a telephone service customer's telephone equipment on their premises to a telephone utility company's network at a demarcation point determined in accordance with orders of the state public utilities commission.

Local telephone service provider means a telephone utility company that supplies general telephone service to the residents of Fontana. The local telephone service provides in the city are Pacific Bell and GTE.

9-1-1 emergency system means the uniform, California statewide emergency number used to contact, by telephone, police, fire, medical, rescue, and other emergency services as provided for in Government Code § 53100.

(c)

It is unlawful for any person to alter or remove any internal telephone wiring in any building in the city, without first notifying the local telephone service provider of the specific alterations to be made to such wiring or the specific portions of wiring that will be removed.

(d)

It is unlawful for any person to alter or change the suite or unit numbers or other identification markings on suites or units of a multiunit building in the city, without first notifying the local telephone service provider of such alterations or changes to such unit or suite numbers.

(e)

Immediately upon being informed of any violation of this section, the city manager shall cause a notice of violation to be transmitted to the person(s) suspected of the violation. The suspected persons so notified shall then, within 60 days of transmittal of the notice of violation, present written proof to the city manager that they have informed the local telephone service provider of the specific alterations and changes which have been made to the internal telephone wiring or suite or unit numbers of a building.

(f)

Any person who receives notice under subsection (e) and fails to provide the city manager with written proof, within 60 days of transmittal of the notice of violation, that they have informed the local telephone service provider of the specific changes they made to internal telephone wiring or suite or unit numbers of a building shall be: (1) guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $500.00 nor more than $1,000.00, or by imprisonment of not more than one year, or by both fine and imprisonment; and (2) liable for a civil penalty of not more than $10,000.00 per day for each day in which violation of this section occurs or persists.

(Ord. No. 1103, § 1, 2-15-94)

The definitions provided in subsection 16-2(a) apply to this section. It is unlawful for any juvenile who is subject to compulsory full-time education or to compulsory continuation education under state law, to remain in any public place or on the premises of any establishment in the city, other than a public school classroom or other assigned area of study or required participation to which the student is assigned during school attendance hours, during those hours that his or her school is in session unless the juvenile is:

(1)

Accompanied by the juvenile's parent;

(2)

On an errand at the direction of the juvenile's parent;

(3)

In a motor vehicle involved in Interstate travel;

(4)

Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5)

Involved in an emergency;

(6)

On the sidewalk abutting the juvenile's residence;

(7)

Attending an official school activity or going to or returning home from, without any detour or stops;

(8)

Has permission to leave the juvenile's school campus for lunch or a school related activity and has in the juvenile's possession a valid school-issued off- campus permit;

(9)

Emancipated pursuant to law.

(Ord. No. 1155, § 1, 5-2-95; Ord. No. 1230, § 2, 11-18-97; Ord. No. 1539, § 1, 2-13-07)

(a)

Purpose. The city finds and determines that minors that are repeatedly detained and supervised by police personnel for violating curfew and daytime loitering laws impose an extraordinary burden on the manpower and resources of the police department because juveniles taken into custody by police personnel must be supervised in an unsecured area of the police department until they are released to a parent or guardian. Police officers who supervise

minors who have been detained are then unavailable to carry out police duties in the field and this decreases the level of police protection whereby decreasing public safety in the community. The purpose of this section is to defray the reasonable costs that the city incurs to provide extraordinary police services to respond to, detain and supervise repeat curfew and daytime loitering violators.

(b)

Definitions. As used in this section, the following terms shall have the following meanings:

(1)

Repeal curfew or daytime loitering violator means any minor (i) who has been detained and taken into custody by city police personnel on more than one occasion in a 12-month period for violating section 16-2 or section 16-15 of this Code or (ii) who has been reprimanded by the San Bernardino Juvenile Court because the court finds it to be true that the minor violated section 16-2 or 16-15 of this Code on more than one occasion in a 12-month period.

(2)

Responsible party means any parent, legal guardian or other person in charge or control of a repeat curfew violator.

(c)

Police services fee established; debt to city. A responsible party shall be liable for a police services fee whenever the city's police personnel respond to, detain and supervise a repeat curfew or daytime loitering violator. The city council shall establish the amount of the police services fee by resolution. The police services fee charged to a responsible party shall be a debt to the city by the responsible party. Any responsible party owing money to the city pursuant to this section shall be liable in an action brought by the city in its own name to recover such amount, including reasonable attorneys' fees.

(d)

Billing. The chief of police or his or her designee shall notify the finance department in writing of (i) the name and address of the responsible party, (ii) the date and time of the initial violation and of the repeat violation of section 16-2 or 16-15 of this Code, (iii) the names of the police personnel who responded to, detained and supervised the repeat curfew or daytime loitering violator and (iv) the date that the repeat curfew or daytime violator was reprimanded by the San Bernardino Juvenile Court for the repeat violation. The finance department may adopt administrative procedures for the purposes of implementing the provisions of this section.

(e)

Appeal. Any responsible party who receives a bill from the finance department pursuant to this section may within 15 days after receiving such bill, file a written request with the city clerk appealing the bill. The written appeal shall state the grounds for such appeal and the specific factual and basis for the appeal. The responsible party is deemed to have received a bill on the third day following the date that the finance department cause the bill to be placed in the United States mail. The city manager, or his or her designee, shall review any written appeal filed with the city clerk pursuant to this section and shall prepare a written decision on the appeal within 30 days from the date that the written appeal is received by the city clerk. All decisions by the city manager or his or her designee shall be final.

(Ord. No. 1155, § 2, 5-2-95)

(a)

As used in this section, "alcoholic beverage" includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one percent or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

(b)

It shall be unlawful for any person to drink an alcoholic beverage while upon any street, alley, way, sidewalk, parkway, playground, or park within the city, or within any building owned by or leased to the city, whether such person is or is not in or upon any automobile or other vehicle or conveyance.

(c)

It shall be unlawful for any person to possess any can, bottle, or other receptacle containing an alcoholic beverage, as defined in subsection (a), that has been opened, or had its seal broken, or the contents of which have been partially removed, in any city park or other city-owned property or other public place, including, but not limited to, city-owned or city-leased buildings, parking lots, streets, alleys, ways, sidewalks, parkways and playgrounds.

(d)

It shall be unlawful for any person possessing any can, bottle, or other receptacle containing an alcoholic beverage, as defined in subsection (a), that has been opened, or had its seal broken, or the contents of which have been partially removed, to enter or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business & Professions Code. All licensees shall comply with the following requirements:

(1)

All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 (commencing with Section 23000) of the Business & Professions Code to operate in the city shall post the licensed premises with permanent signs which shall include language stating the following: "Possession of any open alcoholic beverage container in or outside this store is prohibited by law."

(2)

Required signs shall be posted such that they are visible to (i) patrons of the licensee; (ii) patrons using the parking lot immediately adjacent to the licensed premises; and (iii) persons on any public sidewalk immediately adjacent to the licensed premises.

(3)

For purposes of this subsection "posted premises" shall mean those premises which are subject to licensure under any retail off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises, and any public sidewalk immediately adjacent to the licensed premises which are posted with notices pursuant to subsections (d)(1) and (d)(2). "Parking lot immediately adjacent to the licensed premises" shall mean any parking lot, which is contiguous to the licensed premises and is utilized by patrons of the licensed premises, except a private residential parking lot immediately adjacent to the posted premises.

(e)

Subsections (b) and (c) shall not apply to any designated area or location within the city for a temporary permit of up to seven days, which designated area or location has been approved by resolution of the city council. In addition, subsections (b) and (c) shall not apply to any designated area or location within the city for a temporary permit of up to seven days, which designated area or location has been approved by the city manager or his/her designee upon determining that public convenience would be served, that the public health, safety and welfare would not be affected and if there is insufficient time for the city council to take formal action on the request. Such designation shall be reported to city council at their next regularly scheduled city council meeting.

(f)

Subsection (b) and (c) shall not apply to any designated building owned by or leased to the city which has been rented to a private citizen or group, which has been approved by the parks, community and human services commission. In addition, subsections (b) and (c) shall not apply to any designated building owned by or leased to the city which has been rented to a private citizen or group, which has been approved by the city manager or his/her designee upon determining that public convenience would be served, that the public health, safety and welfare would not be affected and if there is insufficient time for the parks, community and human services commission to take formal action on the request. Such designation shall be reported to the parks, community and human services commission at their next regularly scheduled parks, community and human services commission.

(g)

This section shall not apply when an individual is in possession of an alcoholic beverage container for the purpose of recycling or other related activity. Furthermore, this section shall not be deemed to make punishable any act or acts which are prohibited by any law of the state.

(h)

Any person in violation of this section shall be guilty of an infraction. Alcoholic beverage licensees in violation of subsection (d)(1) and (d)(2) shall also be guilty of an infraction.

(i)

Public park. Section 19-1(a)(8) of the Fontana Municipal Code shall not apply to a designated area in a public park under section 19-3 and section 17-5 of the Fontana Municipal Code for a permit where the sale of beer and wine is incidental to the purpose of the permit. All permit applicants are still subject to, and must comply with, all applicable federal, state and local regulations for the sale of beer and wine. Any permit application under section 19-3 and section 17-5 of the Fontana Municipal Code, where the sale of beer and wine is incidental to the purpose of the permit, must obtain city manager approval. Additionally subsections (b) and (c) of this section 16-17 shall not apply to any permit which has been approved by the city manager pursuant to this subsection (i).

(Ord. No. 1174, § 1, 12-19-95; Ord. No. 1277, § 1, 2-2-99; Ord. No. 1347, § 1, 6-5-01; Ord. No. 1652, § 1(Exh. E), 1-10-12; Ord. No. 1780, § 5, 9-25-18; Ord. No. 1967, § 3(Exh. A), 4-8-25)

(a)

Definitions. The following definitions apply to section 16-18:

(1)

Ephedrine means any drug, substance or compound, whether legal or illegal that contains ephedrine hydrochloride, pseudoephedrine sulfate, pseudoephedrine, hydrochloride pseudoephedrine or ephedrine.

(2)

Retailer means any single geographic location of any retail business, company, corporation, person, employee, or associate who furnishes, distributes, sells, or gives away products as described in this section.

(3)

Customer means any person who purchases or acquires the products described in this section, or persons who are present for the purchase or acquisition of the products described in this section.

(4)

Sell means to furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not.

(5)

Count means the number of pills, tablets, capsules or individual units of a substance contained within an individual package, box or container.

(b)

Limitations on sales.

(1)

No retailer shall sell to a single customer more than three packages per transaction of a product containing ephedrine.

(2)

No retailer shall sell in a single transaction to a single customer products containing ephedrine where the total count exceeds 100.

(3)

No customer shall acquire more than three packages per day of a product containing ephedrine.

(4)

No customer shall acquire, per day, products containing ephedrine where the total count exceeds 100.

(c)

Penalties.

(1)

Any person, customer, or retailer violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000.00 or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. No. 1233, § 1, 12-2-97)

(a)

Purpose. The purpose of this section is to protect the public health, safety and general welfare by enhancing the ability of law enforcement to deter the consumption of alcohol, cannabis or other controlled substances by minors and reducing the costs of providing police services to parties, gatherings or event requiring a response, by requiring hosts to ensure minors are not consuming alcoholic beverages, cannabis or other controlled substances. Additionally, the purpose of this section is to protect the public health and safety and general welfare by enhancing the ability of law enforcement to abate loud or unruly parties, gatherings or events causing a public nuisance, by holding accountable the person(s) responsible for said public nuisance.

(b)

Definitions. The words and phrases used in this section have the meanings set forth in this section.

Alcohol shall have the same meaning is in the Business and Professions Code § 23003 or any successor section.

Alcoholic beverage shall have the same meaning as in Business and Professions Code § 23004 or any successor section.

Controlled substance means a drug or substance whose possession and use are regulated under the Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

Gathering is a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity.

Guardian means:

(1)

A person who, under court order, is the guardian of a minor, or

(2)

A public or private agency with whom a minor has been placed by the court.

Minor means any person less than 21 years of age.

Parent means a person who is a natural parent, adoptive parent, or step-parent of a minor.

Person responsible means the person that knows or should reasonably know that the subject premises are being used to host, allow, or permit a gathering. Such person(s) shall rebuttably be presumed to be, in order of priority:

(1)

The owner(s) of the premises where the gathering takes place;

(2)

The tenant(s) of the premises where the gathering takes place;

(3)

Person(s) who hosted, permitted, or allowed the gathering; and/or

(4)

In the event that the person(s) responsible is a minor, then the parent(s) or guardian(s) of that minor.

Police services fee are the actual costs associated with response by law enforcement, fire and other emergency response providers to a gathering, including, but not limited to:

(1)

Actual salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s);

(2)

The actual cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering;

(3)

The actual cost of repairing any city equipment or property damaged, and the actual cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of a gathering; and

(4)

Any other allowable and reasonable costs related to the enforcement of this section.

Public place means 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.

Special security assignment means the assignment of police officers and services during a second or subsequent call to a gathering after the distribution of a written notice that the gathering violates the law.

(c)

Consumption of alcoholic beverages, cannabis and other controlled substances by minors prohibited in public places, places open to public, or places not open to public. Except as permitted by state law, it is unlawful for any minor to:

(1)

Consume at any public places or any places open to the public any alcoholic beverage, cannabis or other controlled substance, or

(2)

Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of an alcoholic beverage that minor is being supervised by his or her parent or legal guardian.

(d)

Hosting, permitting, allowing a gathering where minors consuming alcoholic beverages, cannabis and other controlled substances prohibited.

(1)

Except as permitted by state law, it is unlawful for any person having control of any premises who knows or should reasonably know that he or she has hosted, permitted, or allowed a gathering to take place at said premises, where at least one minor consumes an alcoholic beverage, cannabis or other controlled substance whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage, cannabis or other controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, cannabis or other controlled substance, had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage, cannabis or other controlled substance by a minor as set forth in subsection (d)(2).

(2)

It is the duty of any person having control of any premises, who knows or should know that he or she has hosted, permitted, or allowed a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages, cannabis or other controlled substances by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages, cannabis or other controlled substances at the gathering; controlling the quantity of alcoholic beverages, cannabis or other controlled substances present at the gathering; verifying the age of persons attending the gathering by inspecting drivers licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages, cannabis or other controlled substances while at the gathering; and supervising the activities of minors at the gathering.

(3)

Whenever a person having control of a premises is present at that premises at the time that a minor possesses or consumes any alcoholic beverage, cannabis or controlled substance thereon, it shall be prima facie evidence that such person had the knowledge or should have had the knowledge specified in subsection (d)(1).

(4)

A person who hosts, permits, or allows a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed or possessed alcoholic beverages, cannabis or controlled substances if the person has not taken all reasonable steps to prevent the consumption or possession of alcoholic beverages, cannabis or controlled substances by minors as set forth in subsection (d)(2).

(5)

A person who hosts, permits or allows a gathering shall not be in violation of this section if he or she seeks immediate assistance from the Fontana Police Department or other law enforcement agency to remove any person who refuses to abide by the hosts' performance of the duties imposed by this section, or terminate the gathering because of the host has been unable to prevent minors from consuming or possessing alcoholic beverages, cannabis or controlled substance despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the gathering.

(6)

This section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control.

(7)

This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or guardian, as permitted by Article I, Section 4 of the California Constitution.

(e)

Loud or unruly gatherings—Public nuisance. It shall be unlawful and a public nuisance to host, permit, or allow a gathering on any private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property resulting from conduct constituting a violation of law. Such unlawful conduct may include, but is not limited to: excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcoholic beverages to minors, fights, disturbances of the peace, vandalism, and/or litter.

(f)

Loud or unruly gatherings—Authority to abate. A gathering constituting a public nuisance may be abated by the city by all reasonable means, including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable local laws and state statutes, including, but not limited to: Fontana Municipal Code chapter 18, article II (excessive noise), Penal Code §§ 415 and 416 (Breach of Peace); Penal Code §§ 374 et seq. (Litter); Penal Code § 647(f) (Public Intoxication/Obstruction of Public Way); Business and Professions Code § 25658 (Selling Alcohol to Minors), Vehicle Code § 23224 (Possession of Alcoholic Beverage in Vehicle, Persons Under 21); and Penal Code §§ 12020 et seq. (Unlawful Carrying and Possession of Concealed Weapons).

(g)

Notice of loud or unruly gathering—Posting, mail.

(1)

Posting of premises. When the city intervenes at a gathering which constitutes a public nuisance under this section, the premises at which such nuisance occurred shall be posted with a notice, substantially in the form attached as "Exhibit A" to Ordinance No. 1623, stating that a public nuisance under this section was caused by a gathering at the premises, the date and time of the police intervention, and that any subsequent police intervention with respect to a public nuisance under this section at said premises, within 90 days of the first intervention, shall result in the joint and several liability of any guest causing

the public nuisance and any and all person(s) responsible ("notice"). The residents and persons in control of such property, and the sponsors of the event, shall be responsible for ensuring that such notice is not removed or defaced and shall be liable for a civil penalty in an amount set by city council resolution, in addition to any other penalties which may be due under this section or under this Code, if such notice is removed or defaced, provided however that the residents of the premises or sponsor of the event, if present, shall be consulted as to the location in which such notice is posted in order to achieve both the security of the notice and its prominent display. The notice shall remain posted for 90 days.

(2)

Mailing of notice to property owner. Notice of the police intervention shall also be mailed to the owner of the offending property, substantially in the form attached as "Exhibit B" to Ordinance No. 1623, at the address shown on the city's property tax assessment records. Such notice shall advise the property owner that any subsequent gathering resulting in a public nuisance within 90 days on the same premises necessitating city intervention shall result in liability of the property owner as set forth in subsection (g)(1).

(h)

Persons liable for a subsequent response to a gathering a public nuisance. If the city is required to intervene to a gathering constituting a public nuisance on the same premises within 90 days of having posted and/or mailed notice, the following persons shall be jointly and severally liable for civil penalties as set by city council resolution, in addition to any other applicable penalties set forth in this Code or other provision of law:

(1)

Person(s) responsible. For purpose of this subsection, person(s) responsible shall also include the person(s) that own the premises where the gathering constituting a public nuisance took place if any of the following are found: (i) Said owner was present when the notice was posted; or (ii) a notice was mailed to said owner and ten days have elapsed since the date of said mailing. For purposes of this section, where a gathering takes place within the confines of a single unit in a building owned by a housing cooperative, the person(s) responsible includes the owner of the single unit, but not, the members of the housing cooperative in general. For purposes of this section, where the gathering took place in the common area of a building owned by a housing cooperative, the person(s) responsible includes only the members of the cooperative owning the units in the building where the gathering took place.

(2)

All persons attending such gathering who engaged in any activity resulting in a public nuisance.

(3)

Nothing in this subsection shall be construed to impose liability on a person responsible for the conduct of persons who are present without the express or implied consent of the person(s) responsible, as long as the person responsible has taken all steps reasonably necessary to exclude such uninvited participants from the premises. Where an invited guest engaged in conduct which the person(s) responsible could not reasonably foresee and the conduct is an isolated instance of the guest at the event, violating the law which the person(s) responsible is unable to reasonably control without the intervention of the police, the unlawful conduct of the individual guest shall not be attributable to the person(s) responsible for the purposes of determining whether the event constitutes a public nuisance under this subsection.

(4)

If the city is required to respond at a gathering constituting a public nuisance at the same premises more than once in any 90-day period, excluding a second intervention during the same day or night as the first intervention, the 90-day period set forth in this subsection h shall be extended by another 90 days from the date of the second intervention.

(i)

Police services at gathering requiring a second or subsequent response.

(1)

When a gathering occurs on private property and a police officer at the scene reasonably determines that there is a threat to the public peace, health, safety or general welfare as a result of conduct such as one or more of the following: excessive noise (as defined by this Code), excessive traffic, obstruction of public streets or crowds who have spilled over into public streets, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace, vandalism, litter and/or a public nuisance, the person(s) responsible for the gathering shall be held jointly and severally liable for the police services fee for any special security assignment.

(2)

The amount of any police services fee imposed by this section shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any police services fee which is not paid within ten days after being billed to the person(s) responsible for payment thereof. In any such action, any judgments may be collected in any manner allowed by law for collection of judgments, including, but not limited to, recordation to create a lien on any real property owned by the person(s) responsible. The city shall be entitled to recover its attorney fees and costs incurred in collecting any administrative fines, late charges and/or interests.

(3)

Nothing contained in this section shall in any way affect the ability of the police to issue citations or make arrests for violations of state or local laws.

(j)

Violation—Penalty for hosting, permitting, allowing a gathering where minors consuming alcoholic beverages, cannabis and other controlled substances prohibited and penalty for loud or unruly gathering.

(1)

Violations of this section may be charged as either infractions or misdemeanors in the discretion of the citing officer, city prosecutor or city attorney's office. Any person found to be in violation of any provision of this section ("cite") shall be subject to the imposition and payment of civil penalties as set forth by city council resolution.

(2)

In the case of a violation of the provisions of this section, the civil penalties shall be due and payable within ten calendar days from the issuance of the administrative fine citation, and the cite shall be required to abate the violation. For penalties not paid in full within that time frame, a late charge in the amount set by city council resolution, is hereby imposed and must be paid to the city by the cite. Fines not paid within the time established by this article shall accrue interest at the prevailing established rate.

a.

On the second and each subsequent time that a person is issued a citation for the same violation of subsection (d) of this section (social host), in any 12- month period, the fine is increased as indicated by city council resolution and the cite shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines.

b.

On the second and each subsequent time that a person is issued a citation for the same violation of subsection (e) of this section (unruly gathering), in any 90-day period, the fine is increased as indicated by city council resolution and the cite shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines.

c.

The city shall bill the property owner for the payment of penalties under this section by mail by sending a letter in substantially the form attached as "Exhibit C" to Ordinance No. 1623.

(3)

All administrative fines and any late charges and interests due shall be paid to the city at such a location or address as stated on the citation, or as may otherwise be designated by the city manager. The issuance of the citation and/or payment of any fine shall not bar the city from employing any other enforcement action or remedy to obtain compliance with the provisions of the Code so violated including the issuance of additional citations and/or criminal prosecution.

(4)

Upon confirmation of the citation or when the citation is deemed confirmed, all unpaid administrative fines, late fees and/or interests shall constitute a judgment which may be collected in any manner allowed by law for collection of judgments, including, but not limited to, recordation to create a lien on any real property owned by the person responsible. The city shall be entitled to recover its attorney fees and costs incurred in collecting any administrative fines, late charges and/or interests.

(5)

Payment of the administrative fine shall not excuse or discharge a cite from the duty to immediately abate and correct a violation of this section, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this section.

(k)

Reservation of legal options. Violations of this section may be prosecuted by the city, in the name of the People of the State of California, criminally, civilly, and/or administratively as provided by this Code. The city may seek administrative fees and police services fees associated with enforcement of this section, through all remedies or procedures provided by statute, ordinance, or law. This section shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this section, nor shall they limit the city's or the People of the State of California's ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of this section.

(l)

Right to an administrative hearing. Any person alleged to be in violation of this section may contest the violation(s), or that he or she is a person responsible, by filing a request for an administrative hearing in accordance with the procedures set forth at chapter 2, article XI, section 2-443 of this Code.

(m)

Administrative hearing—Procedures, review. All administrative hearings held pursuant to this section shall be conducted in accordance with the procedures set forth at chapter 2, article XI, section 2-444, section 2-445, and section 2-446 of this Code.

(n)

Local authority. The provisions of this section shall not apply where prohibited or preempted by state or federal law.

(Ord. No. 1623, § 1, 7-14-10; Ord. No. 1899, § 3, 7-26-22)

Secs. 16-20—16-40. - Reserved.