La Puente Municipal Code Ch. 3.16 Misdemeanors

Sections:

• 3.16.010 Duty of parents and guardian.

• 3.16.020 Obstructing streets and sidewalks.

• 3.16.030 Obstructing entrances.

• 3.16.040 Leaving merchandise or other property in public ways—When prohibited.

• 3.16.050 Gates opening over sidewalks.

• 3.16.060 Riding horses.

• 3.16.070 Discharge of weapons.

• 3.16.080 Illegal dumping.

• 3.16.090 Diverting mud or water on highway.

• 3.16.100 Damaging property.

• 3.16.110 Gate-crashing.

• 3.16.120 Lookouts for illegal acts.

• 3.16.130 Trespassing.

• 3.16.140 Picking flowers or removing plants.

• 3.16.150 Entertainment closing hours.

• 3.16.160 Disorderly houses.

• 3.16.170 Admission to parties in residential zones.

• 3.16.180 News vending on public highway.

• 3.16.190 Urination and defecation in public.

• 3.16.200 Lewd acts prohibited.

• 3.16.210 Prostitution prohibited.

• 3.16.220 Violations.

*Prior ordinance history: Ord. 1 §§ 4200, 4202, 4202.1, 4210, 4210.1, 4211, 4211.1, 4212, 4220, 4220.1—4220.4, 4230—4241, 4243—4249.1, 4250.4, 4251, 4260, 4261, 4264 and Ords. 54, 149, 307, 493, 528 and 687.

No parent, guardian, or other person having the legal care, custody, or control of any minor under the age of eighteen years shall knowingly aid, abet, or encourage such minor to violate any provision of this title.

(Ord. 790 § 5 (part), 1999)

It is unlawful for any person to stand or sit upon any public highway, alley, sidewalk or crosswalk so as to in any manner prevent or obstruct the free passage therein or thereon of persons or vehicles passing along the same, or so as in any manner to harass or molest persons passing along the same.

(a) Exception. The provisions of this section do not prohibit a person from standing or sitting upon such public highway, alley, sidewalk or crosswalk if:

(1) Necessitated by such person’s physical disability; or

(2) Such person is viewing a legally conducted parade; or

(3) Such person is seated on a bench lawfully installed for such purpose.

(Ord. 790 § 5 (part), 1999)

It is unlawful for any person to stand or sit in or at the entrance of any church, hall, theater or place of public assemblage or business so as in any manner to obstruct such entrance.

(Ord. 790 § 5 (part), 1999)

It is unlawful for any person to leave or permit to remain on any public highway, alley, sidewalk, crosswalk or other public way open for pedestrian travel any merchandise, baggage or other article of personal property except trash collection receptacles placed in accordance with law.

(Ord. 790 § 5 (part), 1999)

(a) Construction or Maintenance. It is unlawful to construct or maintain any fence gate to be opened outward over any portion of any public highway open for either pedestrians or vehicular traffic.

(b) Leaving Open. It is unlawful to cause or permit any fence gate to be opened, or remain open, outward over any portion of any public highway which is open for either pedestrian or vehicular traffic.

(Ord. 790 § 5 (part), 1999)

It is unlawful for any person to drive or ride any horse or other animal upon any public highway or thoroughfare, within the corporate limits of the city, immoderately, or beyond a moderate gait, or in such a manner as to endanger the safety of persons on said highways or thoroughfares.

(Ord. 790 § 5 (part), 1999)

It is unlawful in the city for any person to discharge, fire, shoot, or operate, any gun, revolver, pistol, firearm, spring gun, air gun, pellet gun, BB gun, sling shot, or any other device designed or intended to discharge any dangerous missile, cartridge, shell, ammunition, arrow or pellet.

(a) Exception. The provisions of this section do not apply to:

(1) A duly authorized officer of the law while on duty; or

(2) Target shooting in a public or private shooting gallery or range regularly licensed by the city.

(Ord. 790 § 5 (part), 1999)

It is unlawful for any person to place, deposit, throw or dump, or cause to be placed, deposited, thrown or dumped, any garbage, swill, cans, bottles, papers, ashes, dirt, sand, rock, cement, glass, metal, carcass of any dead animal, offal, refuse, plants, cuttings or trash, or rubbish of any nature whatsoever, or any nauseous, offensive matter in or upon any public or private road, highway, street, alley, public way, or any public or private property of any kind whatsoever in the city.

(Ord. 790 § 5 (part), 1999)

It is unlawful for any person, firm or corporation, to deposit, drain, wash, allow to run or divert into or upon any public road, highway, street or alley, drainage ditch, storm drain, or flood control channel owned or controlled by any public agency within the city, any water, mud, sand, oil or petroleum or other illicit discharge, as that term is defined under Section 4.16.040 of this code.

(Ord. 790 § 5 (part), 1999)

It is unlawful for any person to wilfully or maliciously: (a) break or destroy any window, window sash, door, blind or pane of glass of any occupied or unoccupied house or outhouse in the city; (b) enter any unoccupied house or outhouse and commit any nuisance therein; (c) break, destroy or injure anything therein or any part of said house or outhouse, or any fence, or improvement whatsoever; or (d) aid, abet, or assist anyone to commit such nuisance or injure such property.

(Ord. 790 § 5 (part), 1999)

(a) It is unlawful for any person to enter any place of amusement, with the intent to gratuitously avail himself or herself of the entertainment or recreation furnished or the privileges conferred therein, without paying the admission fee or membership fee.

(b) Exceptions. The provisions in subsection (a) do not prohibit entry by: (1) a person who is a bona fide guest of a member of a place of amusement when he or she enters in accordance with the rules thereof; (2) a person who has the consent of the owner or manager thereof; or (3) a law enforcement officer or a duly authorized city official acting within the scope and course of his or her official duties.

(c) For purposes of this section, “place of amusement” is an establishment which provides entertainment or recreation and which charges an admission fee or membership fee; “place of amusement” includes any theater, stadium, athletic club, ball park, golf course, golf club, or tennis club.

(Ord. 790 § 5 (part), 1999)

It is unlawful for any person to act as a lookout for a gambling game, house of prostitution or other illegal act.

(Ord. 790 § 5 (part), 1999)

(a) Posted Premises. It is unlawful for any person to enter or remain on the posted property of another person without the permission and consent of the person in charge or control thereof. “Posted property” means property with signs posted at each of the corners of the property prohibiting entry. Such signs shall be written on substantial material which is at least one square foot in area and is placed three feet above the normal level of the ground. Such signs must include, in legible letters of at least two inches in height, the words, “PRIVATE PROPERTY - NO TRESPASS.” Such signs must have either a white base with black letters or black base with white letters. In the event the posted property exceeds a total area of one acre, in addition to the posting of such notices at the corners thereof, additional notices of similar character must be posted at intervals of three hundred feet, or less, on or near the boundary lines of such property. This subsection does not prohibit a person from visiting or calling at the residence or place of business of another person for the purpose of transacting any legitimate business.

(b) Business Premises. It is unlawful for any person to wilfully remain upon any business premises within the city after being notified by the owner, lessee, or another person in charge thereof to remove himself from such premises.

(c) Exceptions. This section does not prohibit any act prohibited by California Penal Code Sections 552 to 555.5. In addition, this section does not apply in any of the following instances:

(1) When its application results in, or is coupled with, any act prohibited by the Unruh Civil Rights Act, or any other provision of law relating to prohibited discrimination against any person;

(2) When its application results in, or is coupled with, an act prohibited by California Penal Code Section 365 or any other provision of law relating to the duties of innkeepers;

(3) When public officers or employees are acting within the course and scope of their employment or in the performance of their official duties; or

(4) When persons are engaging in activities protected by the United States Constitution or the California Constitution or when persons are engaging in acts which are expressly required or permitted by any provision of law.

(Ord. 790 § 5 (part), 1999)

It is unlawful for any person to remove plants or pick flowers growing in any public park or place under the city’s jurisdiction without the express permission of a duly authorized city official.

(Ord. 790 § 5 (part), 1999)

Unless expressly authorized by another provision of this code, it is unlawful for any person to carry on or assist in carrying on any amusement or entertainment to which the public is invited, or in which the public may participate, at any time between the hours of 2:00 a.m. and 6:00 a.m. If any other provision of this code establishes more limited hours of operation for a particular business, amusement, or entertainment than the provisions of this section, then the stricter provision shall apply.

(Ord. 790 § 5 (part), 1999)

It is unlawful for any person to disturb the peace, quiet or decency of the neighborhood by: (a) keeping a riotous or disorderly house; or (b) permitting any riotous or disorderly conduct in his or her house, yard, or premises connected with such house or yard; or (c) committing any riotous or disorderly conduct in any house, yard or premises.

(Ord. 790 § 5 (part), 1999)

(a) It is unlawful to charge admission to any party conducted in a residential zone.

(b) Definitions. As used in this section:

“Charge admission” means the demand and receipt of a tangible benefit, monetary or otherwise, which is a motivating influence for admission to the party. Customary courtesies and clearly noncommercial activities such as gifts by guests, sharing of expenses for dinner and beverages, or reciprocal hospitality are not considered a charge for admission. “Charge admission” does not include a donation for political, charitable, religious or other similar noncommercial purposes.

“Party” means a group of persons meeting together for social, recreational or amusement purposes.

“Residential zone” means zones PUD, R-l, R-S, R-E, Cottrell Ranch specific plan, R-VL, R-2, R-3 and R-4 zone, as set forth in Title 10 of this code, the zoning ordinance.

(Ord. 790 § 5 (part), 1999)

It is unlawful to sell newspapers or magazines on any portion of a public highway. For purposes of this section, “public highway” does not include a public sidewalk.

(Ord. 790 § 5 (part), 1999)

No person shall urinate or defecate in or upon any street, sidewalk, alley, plaza, park, public building or publicly maintained facility, or in any place open to the public or exposed to public view. This section shall not apply to urination or defecation in or into the toilet, urinal or other receptacle in any restroom or other facility designed for the sanitary disposal of human waste.

(Ord. 790 § 5 (part), 1999)

It is unlawful for any person who solicits to engage in or who engages in any lewd or lascivious act in any public place or in any place open to the public or exposed to public view.

(Ord. 790 § 5 (part), 1999)

It is unlawful for any person to solicit or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this section unless some act, in addition to the agreement, is done within the city in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this section, “prostitution” includes any lewd act between persons for money or other consideration.

(Ord. 790 § 5 (part), 1999)

A violation of any of the provisions of this chapter is a misdemeanor which is punishable by the general penalty of Section 1.08.040 of this code.

(Ord. 790 § 5 (part), 1999)