Fresno Municipal Code Art. 26 Crimes Against Public Health and Safety

(a) No person shall discharge a firearm into or within the city.

(b) No person shall propel a missile by, or possess a sling shot, slung shot, bow or other instrument commonly used or which is designed for the throwing of any shot, bullet, rock, stone, arrow, or other missile.

(c) No person shall hunt wildlife with any weapon described in this section.

(d) No person under the age of eighteen years shall have in his or her possession any firearm within the city limits unless he or she, at all times during the possession, (1) has on his or her person the written consent of his or her parent or legal guardian, or (2) is accompanied by his or her parent or legal guardian, or (3) is participating in and going to and from an organized, lawful recreational or competitive shooting activity or lawful hunting activity. As used in this subdivision (d), "firearm" means any firearm except (1) any pistol, revolver or firearm capable of being concealed upon the person as described in California Penal Code Section 12001, or (2) a B-B gun, pellet gun or spot-marking gun as described in California Penal Code Section 12001.1, or (3) any other firearm the possession of which by minors is regulated by State law.

(e) This section shall not be deemed to make punishable the act of carrying or discharging a weapon in the lawful discharge of his or her duties by a public officer, or private person duly licensed therefor.

(f) This section shall not apply to the keeping of weapons at a place of business or residence by a person eighteen years of age or older lawfully in possession of the property.

(g) This section shall not apply to the keeping or use of weapons on the premises of any shooting gallery, practice range, skeet field, archery range, or similar place conducted at a fixed location and with regard to which adequate safeguards have been provided to protect persons and property from injury.

(h) This section shall not apply to an organized hunt for the purpose of ridding premises larger than one acre of vermin, when the setting of traps or poison is impractical and the Chief of Police has approved the time, place, and method of the hunt.

(i) No parent, guardian, or any adult person having the control, custody, or charge of any person under the age of eighteen years, shall knowingly permit, allow, or let said person to use or possess a weapon in violation of this section.

(j) Notwithstanding California Penal Code Section 171b(a)(1), (b)(3), no person shall bring into or possess a weapon, including a concealed weapon as defined in PC Section 171b, in City Hall or any city owned or leased building, as may be posted at the entrance(s) of such building, except as follows:

(1) Sworn law enforcement personnel on duty;

(2) Sworn law enforcement off duty, upon showing law enforcement identification upon entry;

(3) Armed security under contract with the city;

(4) Retired City of Fresno police department officers authorized to carry weapons pursuant to 18 U.S.C. 926C, upon showing proper identification upon entry; and

(5) The Fresno Police Independent Reviewer, if authorized to carry weapons pursuant to 18 U.S.C. 926C.

(k) The city shall establish one or more points of entry to City Hall with a security checkpoint, including metal detector, to identify the presence of weapons or other prohibited items; all persons shall submit to screening of their person and possessions upon entry to City Hall as a condition of entry to City Hall, except as follows:

(1) Those identified as exceptions to subsection (j) above; and

(2) City of Fresno charter officials, and anyone accompanying the Charter official into the building.

(l) City of Fresno charter officials shall have electronic key card access to areas of City Hall as provided in a Council resolution.

(m) In furtherance of City Hall security, that area of the City Hall parking lot providing for parking for charter officials shall be fenced and gated, and admission to that area shall be limited to charter officials and their vehicles. along with anyone accompanying the charter official.

(n) A person otherwise lawfully in possession of a concealed weapon in violation of subsection (j) of this section, upon entering City Hall and being advised at a security checkpoint, shall be given the opportunity to immediately remove the weapon from the building rather than being cited under this section.

(o) This ordinance shall not prohibit city officials and employees from carrying pepper spray at work and in city buildings, subject to approval of and conditions imposed by their appointing authority, and provisions of any applicable labor agreement.

(p) The Council, by resolution, may provide for and publish further security regulations and/or exceptions to implement this section.

(q) The Chief of Police is authorized to seize and impound any weapon which is kept, possessed or used in violation of this section, or the missile thereof, and to hold the same for a period of thirty days and until thereafter claimed by its owner. Such articles may not be returned to any person under the age of eighteen years but may be returned to his or her guardian or parent.

(r) This section shall not be deemed to make punishable an act or acts which are allowed or prohibited by any law of the State.

(Orig. Ord. 4737; Am. Ord. 4934, 1956; Am. Ord. 5026, 1956; Rep. and Added Ord. 68-56, 1968; Am. Ord. 90-130, § 1, eff. 12-14-90; Am. Ord. 2020-004, § 1, eff. 3-26-20).

(a) Findings. The Council finds and determines that:

(1) Public nudity is degrading to the moral fiber of the City of Fresno and to our minor youth.

(2) Public nudity fosters an environment that attracts crime, degrades the quality of life in neighborhoods by creating visual blight and health hazards by attracting prostitutes and drug dealers to areas where public nudity occurs.

(3) It is necessary for this Code to address the issue of minors who would be permitted to frequent strip clubs and other establishments who restrict nude dancing to less than twenty-five percent (25%) of a given dance performance.

(4) Citizens of the City of Fresno including minors may be involuntarily subjected to nudity on public streets and in other public places.

(b) Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this section, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 of Chapter 1 of this Code shall also govern the construction, meaning, and application of words and phrases used in this section. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(1) "Nudity" means the showing, with less than a fully opaque covering, of any of the following: the human male or female genitals, pubic hair, pubic area, any portion of the anal cleft or cleavage of the buttocks, and the portion of the human female breast directly and laterally below a point immediately above the top of the areola except as necessary to breast-feed an infant under five years of age. The covering of the female breast shall include the entire lower portion of the breast, but shall not include any portion of the cleavage of the breast, exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed.

(2) "Public Place" means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, business and commercial establishments (whether for profit or not for profit, whether open to the public at large, or whether entrance is limited by a cover charge or membership requirements).

(3) "Place Provided or Set Aside for Nudity" means (i) single sex public restrooms, unisex bathrooms which are only to be occupied by members of one sex at a time, single sex public showers, single sex locker rooms, and single sex dressing room facilities, none of which allow visual observation of persons in a state of undress from outside the facility; (ii) enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, medical offices, hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and its sphere of privacy; and (iii) areas of a private residence where people have a reasonable expectancy of privacy.

(4) The term "Place Provided or Set Aside for Nudity" shall not be deemed to include places where a person's conduct of being nude is used for his or her profit or the profit of third parties.

(5) "Theater, concert hall or auditorium devoted to theatrical performances" means a building, playhouse, room, hall or other place having fixed seats so arranged that a body of spectators can have an unobstructed view of a stage upon which constitutionally protected theatrical performances or similar form of artistic expression are presented.

(c) It is unlawful for any person to knowingly or intentionally appear nude in a public place or in any other place that is readily visible to the public, except a place provided or set aside for nudity. It shall also be unlawful for any person or entity maintaining, owning, or operating any public place to knowingly, or with reason to know, permit or allow any person to appear nude in such public place, except a place provided or set aside for nudity. This subsection shall not apply to children under of thirteen years of age.

(d) In the event that subsection (c) is determined by a court of competent jurisdiction to be invalid, preempted, or unconstitutional, persons under the age of eighteen years shall be prohibited from attending or being present during any live performances where any person appears nude during any part of the performance unless the minor is accompanied by a parent or legal guardian.

(e) This section shall not apply to existing businesses which have previously been granted a conditional use permit which allows live nude entertainment in accordance with this Code's requirements for adult use businesses. This section shall also not apply to new adult oriented uses that are regulated and in compliance with Chapter 15-2705.

(f) This section shall not apply to constitutionally protected theatrical performances or similar forms of artistic expression performed in theaters, concert halls, or auditoriums devoted to theatrical performances.

(g) This section shall not apply to any act prohibited by state or federal law, or the prohibition of which is preempted by state or federal law.

(h) A violation of this section shall be enforced as set forth in Section 1-304 of this Code.

(i) Severability. If any subsection, sentence, clause, phrase, or term 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.

(Added Ord. 2000-62, § 1, eff. 8-29-00; Am. Ord. 2001-31, § 1, eff. 5-2-01; Am. Ord. 2015-39, § 8, eff. 1-9-16).

(a) No person shall burn treated wood, plastics, garbage, rubbish, or other solid waste in a home heating furnace, fireplace, or wood stove, excepting that non-plasticized waste paper may be used for kindling of fires in wood burning appliances.

(b) No person shall burn coal or any derivatives of coal in any space heating or cooking appliance or boiler.

(Added Ord. 90-74, § 4, eff. 8-24-90).

No person shall wear a fireman's or policeman's badge, or the badge of any public officer or inspector of the city, when not authorized to wear such badge.

(Orig. Ord. 1076).

No person shall wear any uniform, badge or insignia which is of such appearance as to be readily mistaken for the official uniform, badge or insignia of a police officer.

(Orig. Ord. 3390).

No person shall construct, paint, install, or maintain any sign, symbol, fixture, or structure which has the appearance of being, or has the effect of making an object, area or place appear to be official property of the City of Fresno, when in fact such object, area, or place is not official property, including, but not limited to, such designations as "Police," "P.D.," "Fresno P.D.," "Fire Department," "F.D.," "Fresno F.D.," "Water Department" or "City of Fresno."

(Added Ord. 6494, 1964).

No person shall drive or operate any motor vehicle which carries any insignia, wording or design as to be readily mistaken for any official police car.

(Orig. Ord. 3390).

(a) Findings. The Council finds and determines as follows:

(1) The maintenance and improvement of the quality of life and economic vitality of the City of Fresno are significant government interests.

(2) The protection of the Citizens of the City of Fresno from the danger of assault, battery, theft, and disturbances of the peace, as well as other crimes, is also a significant government interest.

(3) Aggressive and abusive solicitations threaten these significant government interests by diminishing access to and enjoyment of public places, threatening the commercial well being of local businesses, and creating an environment of fear, intimidation, and confrontation.

(4) Solicitations in certain sensitive places also threaten these significant government interests. Such solicitations also diminish access to and enjoyment of public places, threaten the commercial well being of local businesses, and create an environment of fear, intimidation, and confrontation.

(5) Citizens of the City of Fresno are involuntarily subjected to aggressive and abusive solicitations for monetary or other donations, causing them to feel threatened, intimidated, and coerced. Such conduct usually includes approaching and following persons, repeated requests for donations, unwanted physical contact, abusive language and threats, and obstruction of pedestrian and vehicular traffic.

(6) Citizens of the City of Fresno are involuntarily subjected to coercion, intimidation and fear in certain places, including public parking lots, ATM's, lines of people, outdoor dining areas, and other areas where they are a "captive audience" and thus feel less able to decline a solicitor's request.

(7) Aggressive and abusive solicitations increase the risk of assault, battery, theft, disturbing the peace, and other crimes. Such solicitations can provoke confrontations due to the threatening and offensive nature of the conduct of the solicitor. These situations put not only the solicited person, but also the solicitor, at risk of being the victim of assaultive and criminal conduct.

(8) Solicitations in certain sensitive places also increase the risk of assault, battery, theft, disturbing the peace, and other crimes. Such solicitations can lead to confrontations due to the heightened sense of susceptibility of the person solicited. These situations put the solicited person and the solicitor at risk of being the victim of assaultive and criminal conduct.

(9) The content-neutral time, place and manner restrictions on aggressive and abusive solicitations as narrowly tailored in this article serve these significant government interests. Such restrictions will lessen feelings of coercion, intimidation, fear, and confrontation by prohibiting that conduct most likely to create such feelings.

(10) Restricting all solicitations in certain sensitive areas will enhance the feeling of security and peace of mind of persons in those areas. The restrictions in this article leave open ample alternative avenues of communication and these restrictions are not intended to diminish the freedom or liberty of speech guaranteed under the United States and California Constitutions.

(11) It is not the intent or purpose of the Council in enacting this article to eradicate or displace any individual or group of homeless or indigent persons, but rather to protect the public from those persons, indigent or otherwise, who engage in aggressive and abusive solicitations, and/or who solicit in certain narrowly-defined areas of heightened sensitivity.

(b) Definitions. For the purposes of this section, the following definitions shall apply:

(1) "Solicitation" means any request, by words or physical gesture, made in person seeking an immediate donation or contribution of money or other item of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation or contribution, is a donation or contribution for the purposes of this section. A person is not soliciting, for the purposes of this section, when he or she passively displays a sign or gives any other indication he or she is seeking donations or contributions, and when he or she does not address the solicitation to any specific person other than in response to an inquiry by that person.

(2) "Solicitation in an aggressive or abusive manner" means solicitation via any of the following acts or conduct:

(i) Intentionally coming within three feet of a solicited person unless and until that person has indicated, by word or conduct, he or she wishes to make a donation;

(ii) Intentionally blocking the path or impeding the passage of a solicited person;

(iii) Intentionally following behind, beside or in front of a solicited person after that person has indicated, by word or conduct, he or she does not wish to make a donation;

(iv) Continuing to request a donation from a solicited person after that person has indicated, by word or conduct, he or she does not wish to make a donation;

(v) Approaching a solicited person when that person is entering or exiting a motor vehicle or assisting another in doing so;

(vi) Rendering any service to a motor vehicle, including but not limited to any cleaning, washing, protecting, guarding or repairing of said vehicle or any portion thereof, without the consent of the owner, operator or occupant of such vehicle, and thereafter requesting payment for the performance of such service, regardless of whether such vehicle is stopped, standing or parked;

(vii) Threatening a solicited person, by word or conduct, with physical harm or violence;

(viii) Using profane or abusive language towards a solicited person;

(ix) Intentionally touching or attempting to touch a solicited person without that person's consent;

(x) Any other words or conduct that would cause a reasonable person, in the position of the solicited person, to fear for his or her safety, the safety of his or her property or the safety of another person accompanying the solicited person.

(3) "Public place" means any place open to the general public and includes, but is not limited to, any sidewalk; alley; street; highway; bridge; driveway; parking lot; parking structure; playground; park; plaza; mall; structure; building; doorway, entrance, lobby or hallway to or in a building; the grounds around or enclosed by a building; school; or place of amusement. Such a place is a "public place" regardless of whether it is publically or privately owned.

(4) "Prohibited place" means any:

(i) Bus stop;

(ii) Public transportation vehicle or facility;

(iii) Public parking lot or structure;

(iv) An area within fifty (50) feet of an automated teller machine (ATM);

(v) A queue or line of two or more persons waiting to be admitted to a commercial establishment or waiting to purchase an item or ticket;

(vi) An outside dining area or motor vehicle drive-through lane of a restaurant or other dining establishment serving food for immediate consumption.

(c) It is unlawful for any person to engage in solicitation in an aggressive or abusive manner in any public place.

(d) It is unlawful for any person to engage in solicitation while the solicited person is in a prohibited place.

(e) 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 (6) months, or by a fine not to exceed one thousand dollars ($1,000) or by both such fine and imprisonment.

(f) 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. (Added Ord. 2002-49, § 1, eff. 10-28-02).

(a) The Council of the City of Fresno finds that the locally increasing illegal production and use of methamphetamine threatens the health, safety, and welfare of the citizens of the City of Fresno. The Council of the City of Fresno further finds that the easy over-the-counter accessibility to the public of products containing pseudoephedrine and ephedrine, key components in the production of methamphetamine, continues to facilitate the illegal production and use of methamphetamine despite the efforts of the State of California to regulate the sale of these products. This ordinance seeks to add additional safeguards that would prevent the easy theft and illegal purchase of products containing these controlled substances by requiring that such products be kept, stored, stocked and displayed in the course of retail distribution, in an area that is locked and secure, or is otherwise made unavailable to the public and is accessible to the public only through an employee of the business.

(b) 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 product containing pseudoephedrine or ephedrine in an area other than a place that is locked and secure or otherwise made unavailable to the public and which is accessible to the public only through an employee of the business. Violation of this section shall be enforced in accordance with Section 1-404 of this code. (Added Ord. 2005-121, § 1, eff. 12-4-05).

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

(1) "Off-street Parking Facility" is defined in subdivision (c) of California Vehicle Code Section 12500, as may be amended.

(2) "Participant" means any individual driving a vehicle which is found to have engaged in a Reckless Driving Exhibition, as referred to in California Vehicle Code Section 23103.

(3) "Passenger" means any individual riding in a vehicle which is found to have engaged in a Reckless Driving Exhibition or Sideshow, as referred to in California Vehicle Code Section 23103.

(4) "Preparations" for any Sideshow, Street Race or Reckless Driving Exhibition include, but are not limited to, any of the following acts done for the purpose of a Side Show, Street Race or Reckless Driving Exhibition.

(i) One or more motor vehicles and persons have arrived at a location on a public street or highway or in an Off-street Parking Facility for the purpose of participating in or observing a Sideshow, Street Race or Reckless Driving Exhibition; and

(ii) One or more persons have gathered on, or adjacent to, a public street or highway for the purpose of participating in or observing a Sideshow, Street Race or Reckless Driving Exhibition; and

(iii) One or more persons have gathered in an Off-street Parking Facility for the purpose of participating in or observing a Sideshow, Street Race or Reckless Driving Exhibition; and

(iv) One or more persons have impeded the free public use of a public street, highway, or Off-street Parking Facility by acts, words or physical barriers for the purpose of participating in or observing a Sideshow, Street Race or Reckless Driving Exhibition; and

(v) One or more motor vehicles have lined up on a public street, highway, or Off-street Parking Facility with motors running for the purpose of participating in or observing a Sideshow, Street Race or Reckless Driving Exhibition; and

(vi) One or more drivers are revving a motor vehicle's engine or causing the motor vehicle's tires to spin; or

(vii) A person is standing or sitting in a location to act as a race starter.

(5) "Present" means a Spectator is within two hundred feet of the location of the Sideshow, Street Race or Reckless Driving Exhibition, or within two hundred feet of the site of the Preparations for either of these activities.

(6) "Reckless Driving Exhibition" shall mean any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as may be amended.

(7) "Scene" shall mean the location of the Sideshow, Street Race or Reckless Driving Expedition or the location of the Preparations for the Sideshow, Street Race or Reckless Driving Expedition.

(8) "Sideshow" shall mean any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as may be amended.

(9) "Spectator" shall mean any person who is present at a Sideshow, Street Race or Reckless Driving Exhibition, or the site of the Preparations for any of these activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A "Spectator" includes any person at the location of the event without regard to the means by which the person arrived.

(10) "Street Race" means any motor vehicle speed contest or motor vehicle exhibition of speed referred to in subdivisions (a) and (c) of California Vehicle Code Section 23109, as may be amended.

(b) Prohibition on Participation. It shall be unlawful for any person to:

(1) Intentionally participating as a driver at a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street or highway; or in an Off-street Parking Facility including parking garages.

(2) Intentionally being present as a Passenger at a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street or highway or in an Off-street Parking Facility including parking garages.

(3) Intentionally being present as a Spectator at a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street or highway or in an Off-street Parking Facility including parking garages.

(4) Intentionally being present as a Spectator where Preparations are being made for a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street, highway, or in an Off-street Parking Facility including parking garages.

(5) Nothing in this Chapter prohibits peace officers, medical professionals, firefighters or their agents who are acting in the course of their official duties from being Spectators at a Sideshow, Street Race or Reckless Driving Exhibition or Spectators at the location of Preparations for any of these activities.

(6) Nothing in this Chapter prohibits uninvolved innocent bystanders from reporting these activities.

(7) Uninvolved innocent bystanders are not in violation of this ordinance even if they are within two hundred feet of these activities if they do not possess the requisite intent to Spectate, Street Race, participate in a Sideshow, or engage in Reckless Driving Exhibition.

(c) Considerations relevant to a violation. In establishing a violation of subsection (b), the following may be considered to the extent permissible by applicable law:

(1) Evidence of Prior Acts:

(i) That the person charged has previously participated in or been a Spectator at a Sideshow, Street Race or Reckless Driving Exhibition;

(ii) That the person charged has previously aided and abetted a Sideshow, Street Race, or Reckless Driving Exhibition;

(iii) That the person charged has previously attended a Sideshow, Street Race, or Reckless Driving Exhibition; or

(iv) That the person charged was previously present at a location where Preparations were being made for a Sideshow, Street Race or Reckless Driving Exhibition, or where a Sideshow, Street Race or Reckless Driving Exhibition was in progress.

(v) Evidence of these prior acts may be admissible, to the fullest extent permissible by law, to show the opportunity, intent, plan, knowledge, identity or the absence of mistake or accident, or propensity of the defendant to be present at or attend a Sideshow, Street Race, or Reckless Driving Exhibition if the prior act or acts occurred within three years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a Sideshow, Street Race or Reckless Driving Exhibition was taking place.

(2) The time of day;

(3) The nature and description of the Scene, including the number and configuration of traffic lanes;

(4) The number of people at the Scene;

(5) The location of the person charged in relation to any person or group of persons present at the Scene;

(6) The number and descriptions of motor vehicles at the Scene;

(7) That the motor vehicles at the Scene have been modified or altered to increase power, handling, or visual appeal;

(8) That the person charged drove or was transported to the Scene.

(d) Prohibition on Promotion.

(1) It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aide, or abet the gathering of persons as Spectators at a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street or highway; or conducted on a public street or highway, or Off-street Parking facility including parking garages.

(2) It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aide, or abet the gathering of persons as Spectators where Preparations are being made for a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street or highway, or in an Off-street Parking Facility including parking garages.

(e) Violations.

(1) Any person who violates this Section is guilty of a misdemeanor subject to a maximum of six months in jail and a fine of $1,000.00, unless at the discretion of the City Attorney, the violation is reduced to an infraction.

(2) Any person who violates this Section or who aids in the violation of this Section is liable for the actual damages caused by said violation, in such amount as may be determined by a jury or a court sitting without a jury.

(Added Ord. 2023-013, § 1, eff. 6-22-23)