Gustine Municipal Code Art. 3 Offenses Involving Public Peace and Order

(a) In this section, the term "minor" means a person who is under the age of 18 years.

(b) No person under the age of 18 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 10:00 p.m. and 5:00 a.m. of the following day.

(c) The provisions of subsection (b) of this section do not apply to a minor who is:

(1) Accompanied by the minor's parent, guardian or other adult person having care and custody of such minor.

(2) On an errand at the direction of the minor's parent or guardian or an adult designated by the minor's parent or guardian, without any detour or stop;

(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. In this subsection the term "emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(6) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by township, 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, an official school, religious, or other recreational activity supervised by adults and sponsored by the township, a civic organization, or another similar entity that takes responsibility for the minor;

(7) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

(8) Married or had been married or had disabilities of minority removed in accordance with law.

(d) No parent, guardian, or any adult person having the control, custody, or charge of any minor shall suffer or permit the minor to violate subsection (b) of this section.

(e) 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 subsection (b) of this section and to transport that minor to his permanent or temporary residence within the state whether the place of residence is located within or without the city, or to the custody of his parents or legal guardian. A law enforcement officer may decide not to temporarily detain and transport a minor if he determines that the minor has a legitimate reason based on extenuating circumstances for violating subsection (b) of this section.

(f) Upon the first violation of subsection (b) of this section, the law enforcement officer shall issue to the minor a warning citation regarding the consequences of a second violation of such subsection. A designated representative of the city shall mail to the parents or legal guardian of the minor a notification which states that a second violation and every violation thereafter, the parents or legal guardian may be held liable for actual administrative and transportation costs. This notification shall require that the parents or legal guardian sign and return the notification. This notification shall include a space for the explanation of any circumstances relevant to an applicable exemption from fee as provided in subsection (g) of this section. A designated representative of the city shall review this explanation and if the explanation is found to be insufficient, the representative may request a consultation with the parents or legal guardian for further explanation.

(g) A fee for the actual costs of administration and transportation services for the return of the minor to his place of residence, or to the custody of his parents or legal guardian may be charged jointly or severally to the minor, his parents, or legal guardian, in an amount not to exceed the actual costs of such administration and/or transportation. 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 upon a finding of good cause. If authorized by the city council, the city may charge this fee, in which case the city may:

(1) Provide for a waiver of the payment 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, his parents nor legal guardian has the ability to pay the fee.

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

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

(h) The fees set forth shall be established by resolution. Such fees shall be based on the cost reasonably associated with the procedures set forth in this section. All other procedures including the establishment of a hearing officer and procedures for the hearings and other administrative steps in this section shall be established by resolution.

(Code 1966, §§ 5-3.01, 5-3.02)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Intoxicating liquor means any alcoholic beverage containing more that one-half of one percent of alcohol by volume, and all kinds of spirituous, vinous and malt liquors.

(Code 1966, § 5-5.01)

The consumption of alcoholic beverages is permitted in city parks between the hours of 6:00 a.m. and 10:00 p.m.

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 or sidewalk pursuant to an encroachment permit issued by the city council shall post and maintain signs in or adjacent to the encroachment area reasonably calculated to give notice of the limits of the area. The chief of police shall approve the number, content, physical features, and locations of such signs.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Ambient noise means the all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far as determined at any specific point.

Clearly audible means those sounds or noises which can be heard by any person of average or normal hearing capability.

Construction means any site preparation, assembly, erection, substantial repair or alteration of any building, structures, or land, public or private, together with any associated scientific or engineering surveys.

Demolition means any dismantling, intentional destruction or removal of structures, surfaces or similar property, public or private.

Dwelling unit means any building or separate portion thereof used for residential purposes. The term includes, but is not limited to, single-family dwellings, apartments, condominiums, and modular homes.

Emergency work means work necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from imminent exposure to danger or damage, or work by public or private utilities when restoring utility service.

Intrusive noise means noise which intrudes over and above the existing background noise at a given location and endangers the health and safety of human beings, or annoys or disturbs persons of normal sensitivities. The relative intrusiveness of a sound depends upon its level, duration, frequency, time of occurrence, and tonal or informational content as well as the prevailing background noise level.

Motor vehicle means any car, truck, motorcycle, motor scooter, and any and all self-propelled vehicles, as defined in the California Vehicle Code including, but not limited to, minibikes and go-carts.

Internal combustion engine means any engine powered by the explosion of a fuel-and-air mixture within the cylinders.

Sound-amplifying equipment means any machine or device for the amplification of the human voice, music, or any other sound. The term "sound-amplifying equipment" shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed. The term "sound-amplifying equipment," as used in this division, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

(Code 1966, § 4-11.102)

It is declared to be the policy of the city to prohibit unnecessary, excessive and intrusive noise from all sources subject to its police power. It is determined that certain noise levels are detrimental to the public health, welfare and safety, and are contrary to the public interest. Therefore, the city council does ordain and declare that creating, causing, maintaining, or allowing to be created, caused or maintained, any noise in a manner prohibited by or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such.

(Code 1966, § 4-11.101)

This division shall not apply to the following:

(1) Sirens or other similar emergency warning devices located upon any emergency vehicle as defined by the Vehicle Code, or upon the premises of any public safety premises;

(2) Any bell, siren or similar device on any vehicle, which is required by law, and which is automatically activated by placing the vehicle transmission in reverse, or by any backing movement;

(3) Any sound equipment operating under a city license or permit, or being utilized for any activity subject to First Amendment protection;

(4) Emergency work;

(5) Events in public parks or other public places, sponsored by the city or city school district;

(6) Noise necessarily generated in conjunction with health or sanitation services including, but not limited to, refuse collection.

(Code 1966, § 4-11.502)

(a) Variances from the provisions of this division may be granted in accordance with this section.

(b) The city manager or designee shall evaluate all applications for temporary variances from the requirements of this division and may grant such variances with respect to time for compliance, subject to such terms as he may deem reasonable in achieving compliance with the provisions of this division. In determining the reasonableness of the variance, the city manager or designee shall consider the magnitude of nuisance caused by the noise, the uses of property within the area of impingement by the noise, operations carried on under existing nonconforming rights or conditional use permits and general public interest and welfare.

(c) Any request for a permanent variance from this section shall go before the planning commission as provided in this section.

(d) Every applicant for a variance permit required by this division shall file with the city manager or designee a written application on a form prescribed by such office. The application shall state the name and address of the applicant, the nature of the noise source involved, and such other information as may be required.

(e) Every applicant, except any state or local governmental agency or public district, shall pay a fee as established by resolution of the city council.

(f) The city manager or designee shall act within 30 days, if possible, on an application for a permit or variance and shall notify the applicant in writing in mail or in person of the action taken, namely, approval, or denial. Notice of the action shall be deemed to have been given when the written notification has been deposited in the mail, postpaid, addressed to the address shown on the application, or when personally delivered to the applicant or representative. Before acting on an application for a variance permit, the city manager or designee may require the applicant to furnish further information or further plans or specifications. Failure of the applicant to provide such further information or further plans or specifications within ten days after notice of such request is made shall be grounds for denial of the permit.

(g) In the event of denial, the notice shall advise of the reason for denial of the permit.

(a) Notwithstanding any other provision of this division, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, intrusive, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area.

(b) The standards that shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

(1) The volume of the noise;

(2) The intensity of the noise;

(3) Whether the nature of the noise is usual or unusual;

(4) Whether the origin of the noise is natural or unnatural;

(5) The volume and intensity of the background noise or ambient noise, if any;

(6) The proximity of the noise to residential sleeping facilities or dwelling units;

(7) The nature and zoning of the area within which the noise emanates;

(8) The density of the inhabitation of the area within which the noise emanates;

(9) The time of the day or night the noise occurs;

(10) The duration of the noise.

(11) Whether the noise is recurrent, intermittent, or constant; and

(12) Whether the noise is produced by a commercial or noncommercial activity.

(Code 1966, § 4-11.201)

It shall be unlawful for any person to unnecessarily sound any horn or other signaling device on any vehicle except as provided in Vehicle Code div. 12, ch. 5, art. 1 (Vehicle Code § 2700 et seq.). This section shall be inapplicable to the sounding of any horn, bell, whistle, siren or other audible warning device which is operated in compliance with Utilities Code § 7604, or any other state or federal provisions governing railroad operations, or for emergency work.

(Code 1966, § 4-11.103(A))

(a) It shall be unlawful to play or operate any television set, radio, musical instrument, drum, loudspeaker, or any other similar device for sound amplification, whether mobile or from a fixed location upon the public streets, public right-of-way, or in public parks in such a fashion that it is clearly audible at a distance of 150 feet, except that subject to permit issued by the city specifying time, location, and any other conditions as may be requested by the city.

(b) The operation of any device for the amplification, production or reproduction of sound in such a manner that the sound is plainly audible at a distance of 150 feet from the source or the building structure shall be prima facie evidence of a violation of this section.

(Code 1966, § 4-11.103)

(a) Any building burglar alarm must have an automatic cutoff, capable of terminating its operation within 15 minutes of the time it is activated. Notwithstanding the requirements of this subsection, any member of the police department of the city shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm during the period of its activation.

(b) Any owner of a motor vehicle with a burglar alarm installed must have an automatic cutoff capable of terminating its operation within five minutes of the time it is activated. Notwithstanding the requirements of this subsection, any member of the police department of the city shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm during the period of its activation.

(a) Notwithstanding any other provisions of this article, it shall be unlawful for any person to keep or maintain, or to permit the keeping or maintenance upon any premises owned, occupied or controlled by such person in the city, any animal or animals, poultry or household pets, which by any frequent or long-continued noise shall disturb or cause discomfort to any reasonable person of normal noise sensitivity. For purposes of this section, the term "frequent or long-continued noise" shall mean any noise which is essentially continuous for fifteen minutes aggregate during any 60-minute period.

(b) This section shall not apply to any kennel, cattery, or animal hospital operated legally within the city.

(c) The written affirmation by two persons having separate residences that violation of this section disturbs the peace and quiet of such persons shall be prima facie evidence of a violation of this section.

(Code 1966, § 4-11.302)

It shall be unlawful for any person within the city to sell anything by outcry within any area of the city zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at council approved or otherwise licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events.

(Code 1966, § 4-11.303)

It shall be unlawful for any person within a residential zone, or within a radius of 500 feet thereof, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any piledriver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction type device between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a special permit authorizing exception to the above hours has been duly obtained from the officer or body of the city having the authority to issue permits of this kind. No permit shall be required to perform emergency work.

(Code 1966, § 4-11.401)

It shall be unlawful for any person within any residentially zoned area of the city to repair, rebuild, or test any motor vehicle or internal combustion engine between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance.

(Code 1966, § 4-11.501)

(a) In any instance in which a special event or occurrence within this city such as, but not limited to, a public dance, bazaar, parade, carnival, circus or any other gathering which may attract a large number of people, or which for any reason may become a hazard to the public peace, health, safety or general welfare unless supervised by security personnel, the chief of police or designee may require such event to be so supervised prior to the issuance of any city permit.

(b) It is the intent of this division to encourage the use of private security agencies under the monitoring and control of the chief of police. If a private security agency cannot be obtained, or cannot, in the opinion of the chief of police, provide adequate security for such event, the chief of police may at his discretion assign police officers to such event. If the chief of police is of the opinion that there is not sufficient resources to maintain the general welfare of all persons involved, the chief of police has the authority to deny the application.

(a) The applicant for any event or occurrence shall have the right to appeal to the city manager as to the necessity of security protection or the number of officers required by the chief of police. Such appeal shall be in writing and provided to the city manager with a minimum of ten days prior to the actual date of the event or occurrence.

(b) Any permit may be refused or revoked by the chief of police or city manager if such event is to be, is being or has been conducted in such a manner as to be detrimental to the public peace, safety, health or general welfare.

A person shall employ only licensed and bonded security agencies to provide security at any special event or occurrence within the city. The security agency so employed shall also be required to obtain a business license for the city prior to providing security for any event or occurrence within the city. This section shall not apply to regular police officers employed by the city in performance of their duties while so employed.

The applicant for a special event permit or occurrence requiring city police personnel shall pay the city an amount sufficient to cover the costs of all wages and benefits plus such administrative sums as may be determined by the city manager to cover other associated costs. The city manager may require a deposit or prepayment prior to issuance of any permit as he deems necessary to ensure the payment of the total costs when due.