Fresno Municipal Code Art. 25 Crimes Against Public Decency and Good Morals

It is unlawful for any person to loiter in, or about any public place or place open to public view in a manner and under circumstances manifesting a purpose of engaging in soliciting acts of prostitution.

(a) Definitions. For purpose of this section, the following definitions shall apply:

(1) "Public place" means any area generally visible to the public, including without limitation streets, sidewalks, alleys, parks, driveways, parking lots, and buildings open to the public, including those which serve food or drink or provide entertainment, and including the driveways and entrances to such buildings.

(2) "Place open to public view" means any area generally visible to the public, including all public property as well as private property, whether generally open to the public or not, which is generally visible from any area which is open to the public, including but not limited to vacant lots, front yards and driveways of private property and motor vehicles (whether in motion or not).

(3) "Act of prostitution" means to engage in sexual relations or any lewd act between persons for hire or monetary reward.

(4) "Known prostitute, pimp or panderer" means a person who, within two years prior to the date of his or her arrest for violation of this section, has been convicted, within the knowledge of the arresting officer, of any offense relating to the crime of prostitution, pimping or pandering.

(5) "Beckoning" means stopping or attempting to stop passersby or motor vehicles by an act of calling out, signalling, waving the arms or other bodily gestures.

(6) "Lewd act" means conduct where the genitals, buttocks, or female breast of either the prostitute or the customer come in contact with some part of the body of the other person for purpose of sexual arousal or gratification of either the prostitute or the customer. For purposes of this section contact with the genitals, buttocks or female breast includes contact through the clothing of either or both parties' as well as skin to skin contact.

(7) "Solicit" means to ask with earnestness, to excite to action, to appeal to, or to invite.

(b) Circumstances to be considered. Among the circumstances that may be considered in determining whether a person has violated this Section based upon the knowledge and personal observations of the arresting officer, are the following:

(1) The person is a known prostitute, pimp or panderer.

(2) The person engages in the act of beckoning or behaves in a manner as to raise reasonable suspicion that he or she is seeking to engage in, is about to engage in, or is engaged in soliciting an act of prostitution. The wearing of distinctive clothing is one of the factors which can be considered in determining that there is reasonable suspicion of the intent to engage in solicitation of an act of prostitution.

(3) The person is in the company of, or inside or near a vehicle registered to, a known prostitute, pimp, or panderer or a person known to the arresting officer to have been convicted within the last two years of soliciting an act of prostitution.

(4) The person is currently subject to an order of a court or probation officer prohibiting the person from being in an area of high prostitution activity, or prohibiting the person from being in the company of known prostitutes, pimps, or panderers.

(5) The person attempts to evade officers or to conceal himself or herself from the observation of the arresting officer.

(c) Punishment. A violation of this Section is a misdemeanor, punishable upon conviction by imprisonment in the county jail for a term not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000) or by both such fine and imprisonment.

(d) Reserved.

(e) Severability. If any subsection, sentence, clause or phrase of this section is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The City Council of the City of Fresno hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the subsections, sentences, clauses or phrases may be held invalid or unconstitutional.

(f) The Council finds and determines that:

(1) Violent crime in this community is and continues to escalate at an alarming rate. The citizens of this community are violently victimized and intimidated by individuals who have embraced a criminal life-style which has no place in a civilized society.

(2) The presence of illegal activity, and in particular, prostitution fosters an environment that attracts crime, degrades the quality of life in neighborhoods by creating visual blight, health hazards to our youth and others in the presence of used contraceptives and other trash and rubbish, and impacts the business community by turning away potential customers from the places of business within the area where prostitutes congregate to sell their services.

(3) It is a legitimate need of the City of Fresno to address problems inimical to the health, safety and welfare of the community and loitering with the intent to commit illegal acts is such a problem.

(4) The Council desires to enhance the ability of law enforcement to curtail the environment which is conducive to criminal activity from the streets of this community with an additional enforcement tool to abate the public nuisance created by the individuals who engage in the illegal activities described in this section. (Added Ord. 81-133, § 1, eff. 11-6-81; Am. Ord. 93-65, §§ 1, 2, 11-12-93; Am. Ord. 95-2, §§ 1, 2, eff. 1-3-95; Am. Ord. 96-60, §§ 1, 2, eff. 9-27-96).

It is unlawful for any person to loiter in, on or near any thoroughfare or place open to the public or place open to public view in a manner and under circumstances manifesting a purpose of engaging in unlawful drug activity.

(a) Definitions. As used in this ordinance the following terms shall have the meanings respectively ascribed to them in this Section;

(1) "Unlawful drug activity" means any act or conduct declared to be unlawful under the provisions of Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code, consisting of Sections 11350 through 11400 of said Code, and such amendments thereto as may hereafter be adopted.

(2) "Known unlawful drug user, possessor, or seller," means a person who has, within the knowledge of the arresting officer, been convicted in any court within the State of California of any unlawful drug activity, or convicted of any substantially similar activity under the laws of any other state, or a person who displays physical characteristics of drug intoxication or usage including but not limited thereto such things as "needle tracks", or persons arrested within the past two years while in the possession of illegal controlled substances or drug paraphernalia.

(b) Circumstances. Among the circumstances that may be considered in determining whether a person has violated this ordinance based upon the knowledge and personal observations of the arresting officer, are the following:

(1) The person is a known unlawful drug user, possessor, or seller.

(2) The person is in the company of, or inside or near a vehicle registered to, a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for unlawful drug activity.

(3) The person is currently subject to an order prohibiting his or her presence in a drug area, or prohibiting the person from being in the company of a known unlawful drug user, possessor, or seller.

(4) The person behaves in a manner as to raise reasonable suspicion that he or she is seeking to engage in, or is about to engage in, or is then engaged in any unlawful drug activity, including, by way of example only, acting as a "lookout," making gestures or statements to motorists or pedestrians known to represent invitations to purchase or sell drugs, or exchanging small objects or packages with another person in a furtive manner.

(5) The person is identified as a member of a criminal street gang, as defined in Section 186.22(f) of the Penal Code, or a group which has, among its members, known unlawful drug users, possessors, or sellers. The method of identification may include, but is not limited to, the wearing of distinctive clothing or insignias.

(6) The person attempts to conceal himself or herself from the observation of the arresting officer or conceals or disposes of any object which reasonably could be involved in the conduct of any unlawful drug activity.

(c) Severability. If any subsection, sentence, clause or phrase of this section is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The Council of the City of Fresno hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the subsections, sentences, clauses or phrases may be held invalid or unconstitutional.

(d) The Council finds and determines that:

(1) Violent crime in this community is and continues to escalate at an alarming rate. The citizens of this community are violently victimized and intimidated by individuals who have embraced a criminal life-style which has no place in a civilized society.

(2) The presence of illegal activity, and in particular, unlawful drug activity, fosters an environment that attracts crime, degrades the quality of life in neighborhoods by creating visual blight, health hazards to our youth and others in the presence of used hypodermic syringes, discarded dangerous drugs, and other trash and rubbish, and impacts the business community by turning away potential customers from the places of business within the area where drug dealers, drug users and purchasers congregate to sell, consume and purchase drugs.

(3) It is a legitimate need of the City of Fresno to address problems inimical to the health, safety and welfare of the community and loitering with the intent to commit certain illegal acts is such a problem.

(4) The Council desires to enhance the ability of law enforcement to curtail the environment which is conducive to criminal activity from the streets of this community with an additional enforcement tool to abate the public nuisance created by the individuals who engage in the illegal activities described in this section.

(Added Ord. 93-66, § 1, eff. 11-12-93; Am. Ord. 93-76, § 1, eff. 1-7-94; Am. Ord. 95-2, §§ 3, 4, 1-3-95).

(a) No person shall drink any beer, wine or other intoxicating beverage on any street, sidewalk, pedestrian mall, alley, highway, playground, parking lot open to the general public or other lot open to the general public.

(b) Subsection (a) of this section shall not be deemed to make punishable an act or acts which are prohibited by any statute of the State of California.

(c) Subsection (a) of this section shall not apply to any person in an encroachment area posted pursuant to subsection (d) of this section during business hours of the permittee restaurant.

(d) The operator of any restaurant which serves any beer, wine, or other intoxicating beverage for consumption in an area operated for restaurant purposes on any street, sidewalk, or pedestrian mall pursuant to an encroachment permit shall post and maintain signs in or adjacent to the encroachment area reasonably calculated to give notice of the limits of the area and the exception contained in subsection (c) of this section. The number, content, physical features, and locations of such signs shall be only as approved by the Police Chief. The external boundaries of any encroachment area in which intoxicating beverages may be consumed shall be clearly delineated consistent with the limits of the area depicted in the signs.

(e) Subsection (a) of this section shall only apply to a parking lot or other lot open to the general public if:

(1) Pursuant to the property owner's written request, the Police Chief has determined that the lot is open to the general public, and

(2) The owner or operator has posted in a conspicuous place at each entrance to the lot a notice, approved by the Police Chief, to the effect that the lot is subject to the provisions of this section.

(f) Notwithstanding subsection (a) of this section, the Parks and Recreation Director, in consultation with the Police Chief, may authorize the consumption of alcoholic beverages during an event of limited duration held in a mall area as defined in Section 14-1801(f) of this Code.

(Orig. Ord. 4028; Am. Ord. 6146, 1962; Am. Ord. 72-109, 1972; Am. Ord. 82-10, §§ 1, 2, eff. 2-19-82; Am. Ord. 84-82, § 1, eff. 7-13-84; Am. Ord. 2014-17, § 5, eff. 4-18-14).

No person shall play, participate in, or bet for or against any game not mentioned in Section 330 or 330a of the Penal Code of the State of California, in any public place or in any place exposed to the public view located within three hundred feet of any school if said game is played, conducted, dealt, or carried on with cards, dice, or other device, for money, checks, chips, credits, or any other thing which has or represents value.

(Added Ord. 72-30, 1972).

No person shall play, participate in, or bet for or against any game not mentioned in Section 330 or 330a of the Penal Code of the State of California, on any street, sidewalk, pedestrian mall, alley, highway or parking lot open to the general public, if said game is played, conducted, dealt or carried on with cards, dice or other device, for money, checks, chips, credits or any other thing which has or represents value.

(Added Ord. 81-132, § 1, eff. 11-6-81).

No person shall sell, loan, give or deliver gasoline to any person under the influence of intoxicating liquor.

(Orig. Ord. 2202).

(a) Declaration:

The Council of the City of Fresno finds and declares that reducing and eventually eliminating the illegal purchase and consumption of tobacco products by minors is critical to ensuring the long-term health of the citizens of this city. The Council further finds and declares selfservice tobacco displays may contribute to youth use of tobacco by promoting shoplifting and illegal sales. More than 188 cities in Arizona, California, Colorado, Kansas, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Oregon, Pennsylvania, Texas, Utah and Wisconsin have successfully adopted ordinances banning selfservice tobacco displays. It is believed that such ordinances have successfully reduced shoplifting of tobacco by minors and sales of tobacco to minors. In order to protect the health, safety and welfare of minors from the health risks of tobacco use, to minimize the exposure by minors to tobacco products and to prevent minors from breaking existing laws by purchasing, stealing or possessing tobacco products, the Council of the City of Fresno adopts this ordinance.

(b) Definitions:

(1) "Employee" means any person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed. Employee also includes any person volunteering his or her time or service.

(2) "Minor" means any person under 21 years of age.

(3) "Tobacco Product" means any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for smoking, chewing, inhaling, snuffing or other manner of ingestion or absorption in the human body.

(4) "Tobacco Shops" means a business establishment in which fifty percent (50%) or more of any one or more of the following is devoted to or attributable to the sale of pipe tobacco or cigars:

(i) Wall Space or any other display area such as tables, racks or display structures; or

(ii) Gross revenues.

(c) Use of Tobacco By Minor. No minor shall, in the streets, or in any public place, smoke a cigar, pipe, cigarette or shall use tobacco in any form.

(d) Display of Tobacco Products. It shall be unlawful for any person, firm, corporation, business, partnership or other entity doing business within the City of Fresno to store, stock, keep or display for sale or transfer any tobacco product in an area other than a place that is locked and secured or is otherwise made unavailable to the public and which is accessible only to the employees of the business. This prohibition shall not apply to "Tobacco Shops."

(e) Violations. A violation of this section is punishable pursuant to Article 3 of Chapter 1 of the Fresno Municipal Code.

(Orig. Ord. 1076; Am. Ord. 99-11, § 1, eff. 6-16-99; Am. Ord. 2025-057, § 1, eff. 1-30-26).

No person under the age of eighteen years shall loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and eating places, vacant lots or any unsupervised place between the hours of 10:00 p.m. and 5:00 a.m. of the following day. The provisions of this section do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or when the minor is upon an emergency errand directed by his or her parent, guardian or other adult person having the care and custody of the minor, or when the minor is returning directly home from a meeting, entertainment, recreational activity or dance. (Orig. Ord. 2960; Am. Ord. 81-90, § 1, eff. 8-28-81).

For a violation of Section 9-2507, the City of Fresno may recover its administrative costs for processing violators of said Code section as follows:

(a) A law enforcement officer is authorized to temporarily detain any minor upon a reasonable suspicion based on articulable facts that the minor is in violation of Section 9-2507 and to transport that minor to his or her permanent or temporary residence within the State whether the place of residence is located within or without the City of Fresno, or to the custody of his or her parents or legal guardian. A law enforcement officer may decide not to temporarily detain and transport a minor if he or she determines that the minor has a legitimate reason based on extenuating circumstances for violating the ordinance.

(b) Upon the first violation of Section 9-2507, the law enforcement officer shall issue to the minor a warning citation regarding the consequences of a second violation of said section. A designated representative of the city shall mail to the parents or legal guardian of the minor a notification that states that upon a second violation and every violation thereafter, the parents or legal guardian may be held liable for actual administrative and transportation costs, and that requires the parents or legal guardian to sign and return the notification. This notification shall include a space for the explanation of any circumstances relevant to an applicable exemption from the fee as provided in subsection (d) below. This explanation shall be reviewed by a designated representative of the city. If the explanation is found to be insufficient, the representative may request a consultation with the parents or legal guardian for the purpose of discussing the circumstances claimed to be relevant to an applicable exemption.

(c) A fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or to the custody of his or her parents or legal guardian may be charged jointly or severally to the minor, his or her parents, legal guardian, in an amount not to exceed those actual costs.

(d) Upon petition of the person required to pay the fee, the city shall conduct a hearing as to the validity of the fees charged, and may waive payment of the fee by the minor, his or her parents or legal guardian, upon a finding of good cause. If authorized by the Council of the City of Fresno, the city may charge this fee, in which case the city may:

(1) Provide for a waiver of the payment of the fee by the parents or legal guardian upon a determination that the person has made reasonable efforts to exercise supervision and control over the minor.

(2) Provide for a determination of the ability to pay the fee and provide that the fee may be waived if neither the minor or parents or legal guardian has the ability to pay the fee.

(3) Provide for the performance of community service in lieu of imposition of the fee, and

(4) Provide for waiver of payment of the fee by the parents or legal guardian upon the determination that the parents or legal guardian has limited physical or legal custody and control of the minor.

(e) The fees set forth herein shall be established annually by the Council in the Master Fee Schedule designated in the Master Fee Resolution. Said fees shall be based on the costs reasonably borne as set forth herein. All other procedures including the establishment of a hearing officer and procedures for the hearings and other administrative steps herein shall be established by resolution of the Council of the City of Fresno.

(f) The remedy in this Section 9-2508 is cumulative and does not preclude other remedies under the Fresno Municipal Code or other State, federal and local laws. Nothing herein shall preclude the city from seeking other legal or equitable remedies available to it by law.

(g) The provisions of this section shall be considered cumulative to all other laws, rules and regulations regulating curfew violations and other similar offenses. (Added Ord. 94-105, § 1, eff. 12-2-94).

No parent, guardian or any adult person having the control, custody or charge of any person under the age of eighteen years, shall permit, allow or let said person loiter upon the streets or in places of amusement or entertainment or in other public places between the hours of 10:00 p.m. and 5:00 a.m. of any day, unless said minor is lawfully upon said streets or public places or places of amusement as permitted by Section 8-128. (Orig. Ord. 2960).

No person shall loiter between the hours of 10:00 p.m. and 5:00 a.m., about the premises where any public entertainment is held when such person is not actively participating in the entertainment or is not an invited spectator thereof. (Added Ord. 6568, 1965).

No person shall commit a nuisance in any public place, or upon any private property, or in any place where there are other persons to be offended or annoyed thereby. The phrase "commit a nuisance" as used in this section shall mean evacuate the bowels or bladder at a place not provided for that purpose. (Orig. Ord. 1076).

(a) It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell, give away, or in any way furnish to another person, who is in fact under the age of 18 years, any aerosol container of paint weighing six ounces or less (net weight of contents) that is capable of defacing property without first obtaining bona fide evidence of majority and identity.

For the purposes of this subdivision, "bona fide evidence of majority and identity" is any document evidencing the age and identity of an individual which has been issued by a federal, state, or local government entity, and includes, but is not limited to, a driver's license, a registration certificate issued under the federal Selective Service Act, or an identification card issued to a member of the armed forces.

(b) It shall be unlawful for any person under the age of 18 years to purchase an aerosol container of paint weighing six ounces or less (net weight of contents) that is capable of defacing property.

(c) It is unlawful for any person regardless of age, to possess, with the intent to deface any property, any aerosol container of paint, or felt tip marker pen or other indelible ink marker, any pressurized container designed to propel liquid, any spray activator capable of being attached to an aerosol paint container, or any etching tool as defined by California Penal Code Section 594.2(a) or any other device capable of scarring glass, metal, concrete or wood, while on a public highway, street, alley, or way, or any other public place, regardless of whether that such person is or is not in any automobile, vehicle, or other conveyance. (Added Ord. 89-53, § 1, eff. 6-2-89; Am. Ord. 94-99, §§ 1, 2, eff. 10-18-94).

(a) Intent and Purpose. The Council of the City of Fresno finds and determines as follows:

(1) Graffiti on public or private, real or personal property reduces the value of such property, promoting blight and deterioration of surrounding property, resulting in loss of pride in affected neighborhoods, loss of business to neighboring commercial enterprises, and loss of enjoyment of life for persons using adjacent and surrounding properties.

(2) Graffiti that remains on property for a 48 hour period is a public nuisance and its prolonged presence on property promotes additional graffiti and crime in the area marked with graffiti.

(3) The presence of graffiti is inconsistent with the City's goals of maintaining property, preventing crime, and preserving aesthetic standards.

(b) Definitions. For purposes of Section 9-2514:

(1) "City Manager" means the Chief Administrative Officer of the City of Fresno, or his/her authorized representative.

(2) "Graffiti" or "inscribed material" includes but is not limited to any form of unauthorized inscription, word(s), figure(s), mark(s), design(s) whether written, marked, etched, scratched, drawn, painted or otherwise affixed, attached, or placed by means of a sticker or decal on any real or personal, public or private property.

(3) "Expense of abatement" includes, but is not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, costs of administering and monitoring the participation of a responsible person and his/her parent(s)/guardian(s) in a graffiti abatement program, and the law enforcement costs incurred by the City of Fresno in identifying and apprehending the responsible person(s) or otherwise the cause of contributing or aiding and abetting in the placement of graffiti or other inscribed material.

(4) "Minor" means any person under 18 years of age who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Section 594, 594.3, 604.5, 640.6 or 640.7 of the Penal Code, or a minor convicted by final judgment of a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code.

(5) "Responsible Person" means any person violating this article or any person who has confessed to, admitted to or pled nolo contendere to a violation of Section 594, 594.3, 604.5, 640.6 or 640.7 of the Penal Code, or a person convicted by final judgment of a violation of Section 594, 594.3, 604.5 or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code.

(6) "Unauthorized" means either without the prior consent of the property owner or in violation of any law or regulation.

(7) "Director" shall include any person authorized to issue citations pursuant to Fresno Municipal Code Section 1-406(k).

(c) Graffiti prohibited. It is unlawful for any person, regardless of age, to paint or chalk, or otherwise apply graffiti, as defined in Section 9-2514(b), upon public or private, real or personal property of any kind within the City of Fresno.

(d) Aiding or abetting graffiti prohibited. It shall be unlawful for any person, regardless of age, to aid, abet or encourage another to paint, etch or in any other manner apply graffiti upon public or private, real or personal property of any kind within the City of Fresno.

(e) Violation. Any violation of Section 9-2514 shall be a misdemeanor and shall be prosecuted to the fullest extent possible under the California Penal Code Section 594 and other applicable state statutes. Fines may range from ten thousand dollars ($10,000) to fifty thousand dollars ($50,000) and may be imposed pursuant to Sections 1-306 and 10-2304 of this Code.

(f) Public property. Whenever a person violates Section 9-2514 with respect to real property, vehicles, signs, fixtures, or furnishings belonging to the City of Fresno, or any other public entity as defined in Section 811.2 of the Government Code, or the federal government, it shall be a permissive inference that the person neither owned the property nor had the permission of the owner to deface, damage, or destroy the property.

(g) Parent/guardian liability. If a person under 18 years of age is personally unable to pay an administrative fine for acts prohibited by Section 9-2514, or any restitution ordered by the court after the minor is declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code, the parent(s) or guardian in custody or control of said person shall be liable for the payment of the fine. The City Manager may waive payment of the fine or any part thereof by the parent/guardian upon a finding of good cause.

(h) Use of City Funds to Abate Graffiti. The City of Fresno is authorized to use City funds to remove graffiti or other inscribed material from publicly or privately owned real or personal property located within the City and to replace or repair public or privately owned property within the City that has been defaced with graffiti or other inscribed material that cannot be removed cost effectively. Only the graffiti or inscribed material itself shall be removed unless the graffiti or inscribed material cannot be removed cost effectively, then repair or replacement of the portion of the property that was defaced is permissible. The removal, repair or replacement may be performed in the case of publicly owned real or personal property, only after securing the consent of the public entity having jurisdiction over the property, and in the case of privately owned real or personal property, only after securing the consent of the owner or possessor.

(i) Liability for Expense of Abatement.

(1) Each responsible person shall be responsible to the City for the expense of abatement. The City may seek recovery of the expense of abatement by any means authorized by law.

(2) Pursuant to Government Code Section 38772, a minor and the parent(s) or guardian(s) having custody and control of said minor are jointly and severally liable to the City for the expense of abatement. The expense of abatement may become a special assessment or a lien against the property of the minor and/or the property of the parent(s) or guardian(s) having custody and control of the minor. The procedures set forth in Section 1-513 shall be followed for the imposition of a special assessment or a lien.

(3) Alternatively, the City may seek recovery of damages, including the expense of abatement, pursuant to Civil Code Section 1714(b), jointly and severally against the parent(s) or guardian having custody and control of person under 18 years of age whose act of willful misconduct resulted in the defacement of property of another with paint or similar substance.

(4) Any restitution amount received for the City's abatement of graffiti may be used to support the City's graffiti abatement expenses.

(j) Preservation of Evidence. The Police Department may promulgate procedures for the pre-removal preservation of sufficient evidence of the graffiti or other inscribed material for criminal prosecution or proceedings. Said procedures shall be followed by the City prior to or during removal of the graffiti or other inscribed material.

(k) Graffiti as a public nuisance. The presence of graffiti or other defacing words, letters, or drawings on any building or structure, any motor vehicle, boat, trailer, or other property for a 48 hour period is a public nuisance. It is the responsibility of the property owner or occupant to remove graffiti within 48 hours unless consent is given for abatement by the City.

(1) Enforcement. Failure to remove graffiti within 48 hours or to consent to abatement by the city will result in enforcement pursuant to the procedures set forth in Chapter 10, Article 6 or Chapter 10, Article 7 of this Code.

(2) Appeals. Appeal of any Notice and Order or Administrative Citation issued for failure to comply with the provisions of this section shall be made pursuant to the procedures in Chapter 1, Article 4 of this Code.

(3) Administrative Abatement. The City may proceed with administrative abatement pursuant to Section 10-616 of this Code if the property owner or occupant has failed to timely comply with the final order after any Notice and Order issued for failure to comply with the provisions of this section has become a final order, either by decision of the hearing officer affirming or modifying the same, or by failure to file an appeal within the time prescribed in Chapter 1, Article 4,

(4) Cost Recovery. The City may seek recovery of costs associated with abatement of graffiti from the property owner or occupant pursuant to Chapter 1, Article 5 of this Code.

(Added Ord. 92-30, § 1, eff. 6-19-92; Am Ord. 99-21, § 1, eff. 5-17-99; Am. Ord. 2002-51, § 13, eff. 10-31-02; Am. Ord. 2008-37, § 1, eff. 7-25-08; Am. Ord. 2024-006, § 1, eff. 4-12-24).

It shall be unlawful for any person, firm, or corporation doing business within the City of Fresno to store, stock, keep or display for sale or transfer any aerosol spray paint container, or any indelible ink marker pen with a tip exceeding four millimeters in width, in an area other than a place that is locked and secure or is otherwise made unavailable to the public and which is accessible only to employees of such businesses.

(Added Ord. 93-13, § 1, 3-26-93).

(a) Findings. The Council of the City of Fresno finds and determines that:

(1) Minors between the ages of twelve and seventeen years inclusive have an increased opportunity to be involved in, or to become victims of, criminal activity on days when the minors are required by law to be in school, but are not in school. Such criminal activities include but are not limited to, crimes involving participation in gangs and gang violence, crimes against property such as graffiti and other vandalism, burglary and theft, and involvement with illegal drugs and alcohol. In addition others become victims of criminal activity during these hours.

(2) Council further finds that similar ordinances have been highly effective in other communities in reducing daytime criminal activity both by and against minors.

(3) It is the intent of the Council in adopting this ordinance to provide law enforcement with an additional enforcement tool to protect the health, safety and welfare of minors under the age of eighteen and of the general public.

(b) It is unlawful for any minor between the ages of twelve and seventeen years inclusive, who is subject to compulsory education or to compulsory continuation education, to be in or upon any public street, highway, road, alley, park, playground, public place, public building, place of amusement, eating establishment, business open to the public, or vacant lots on days and at times when said minor's school is in session. This section does not apply:

(1) When the minor is accompanied by his or her parent, guardian, or other adult person designated by the minor's parent or guardian to have the care or custody of the minor; or

(2) When the minor is on an emergency errand directed by his or her parent or guardian or other adult person designated by the minor's parent or guardian to have the care or custody of the minor; or

(3) When the minor is engaged in gainful employment or going or coming directly to or from his or her place of gainful employment, or going or coming directly to or from a medical appointment; or

(4) To any minor who has permission to leave school campus for lunch, a school related activity or other authorized activity to be off campus and has in his or her possession a valid, school-issued off campus permit; or

(5) When the minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, and any amendment thereof, or any other applicable state or federal law; or

(6) When the minor is legally home-schooled. If a minor claims to be home-schooled, the officer shall make a reasonable attempt to determine the home-schooled status of the minor prior to taking any enforcement action.

(c) It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be absent from school in violation of this section.

(d) Before taking any enforcement action under this section, a peace officer shall ask the apparent offender's age and reason for being absent from school. The officer shall not take action under this section unless the officer reasonably believes that an offense has occurred and that, no exception under subdivisions (1) through (6) of subsection (b) exists.

(e) A minor detained for a first violation of this section shall receive a warning notification advising the minor that a subsequent violation of this section within the same school year for which the violation notification has been issued may result in punishment as provided for in subsection (f) below and the procedures as provided for in subsections (g) and (h) of this section.

(f) Sanctions. A violation of this Section is a misdemeanor punishable on second and subsequent offense by one or more of the following: formal or informal probation pursuant to Welfare and Institutions Code Section 601, 20-40 hours of community service, a fine of one hundred dollars ($100.00). On the first offense which comes before the Juvenile Hearing Officer, the Hearing Officer may suspend the criminal proceeding and order the minor to attend a City approved diversion program which is designed to correct the minor's behavior problems. The criminal proceeding will be dismissed upon successful completion of the diversion program.

(g) Parental Obligation to Attend Hearing. A minor cited for a violation of this section shall be cited to attend a hearing before a Juvenile Hearing Officer. The notice of the hearing shall include notice of subsection (h) below wherein the penalty may be set aside for a second violation. The minor must attend the hearing on the violation and must be accompanied by his or her parent or guardian. If the minor's parent or guardian fails to attend the hearing with the minor, unless the interests of justice would be served, the hearing shall be continued and the court may issue a citation to said parent or guardian directing said person to appear at the continued hearing with the minor. Failure of said parent or guardian to appear at the continued hearing with the minor shall constitute a misdemeanor.

(h) Fine May be Set Aside. A fine imposed for any violation of this section, or any portion thereof may be set aside, if the fine is based upon the minor's second violation under this section and provided that the minor produce proof satisfactory to the court that the following has occurred by or before the court hearing:

(1) The minor has had no unexcused absences from school since the issuance of the citation; and

(2) The minor has performed community service as ordered by the Juvenile Hearing Officer during times other than said minor's hours of school attendance; and in appropriate circumstances; and

(3) The minor's parent, or legal guardian has attended a parenting class or a series of parenting classes approved by the court. (Added Ord. 2001-89, § 1, eff. 12-29-01; Am. Ord. 2004-57, § 1, eff. 7-26-04).

(a) Title. This ordinance shall be known as the "Dignity for Funerals Act."

(b) Findings. The Council of the City of Fresno hereby finds and declares the following:

(1) It is generally recognized that families have a substantial interest in organizing and attending funerals for deceased relatives;

(2) It is also recognized that family and close relatives many times suffer significant emotional distress while attending funerals for their relatives;

(3) The interests of families in privately and peacefully mourning the loss of deceased relatives are violated when funerals are disrupted by picketing;

(4) Picketing of funerals causes additional emotional disturbance and distress to grieving families who participate in funerals; and

(5) Full opportunity exists for the exercise of freedom of speech and other constitutional rights at times other than within one hour prior to or during the funeral and one hour following the conclusion of the funeral.

(c) Purpose. The purpose of this ordinance is to protect the privacy of grieving families and to preserve the peaceful character of cemeteries, mortuaries, and churches during the time one hour before and one hour after a funeral.

(d) Definitions.

(1) "Funeral" means the ceremony, procession, or memorial service held in connection with the burial or cremation of a deceased person.

(2) "Picketing" means protest activities engaged in by any person within 300 feet of a cemetery, mortuary, or church.

(3) "Protest activities" include oration, speech, or similar conduct before an assembled group of people that is not part of the funeral or ceremony; the display of placards, banners, posters, flags, or similar devices that are not part of the funeral; and the distribution of any handbill, pamphlet, leaflet, or other written material that is not part of the funeral.

(e) Prohibition. It shall be unlawful for any person to engage in picketing at the funeral during the time period beginning one hour prior to the funeral and ending one hour after the conclusion of the funeral.

(f) Penalty. Any violation of this ordinance shall be a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed one year, or both such fine and imprisonment.

(g) Severability. If any provision of this ordinance or its application to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(Added Ord. 2007-1, § 1, eff. 2-18-07).