Lemoore Municipal Code Ch. 2 Miscellaneous Offenses

A. No person shall drink any beer, wine or other intoxicating beverage on or within any street, sidewalk, alley, highway or playground within the city.

B. No person shall bring into any park or recreation area, or possess or consume in any park or recreation area, any alcoholic beverage, without a valid alcohol use permit.

1. Alcohol use permits for public park areas may be obtained, upon request, from the director.

a. Applications for permits must be submitted forty eight (48) hours before the desired date.

2. The possession and/or consumption of alcoholic beverages may be authorized by the director for persons and groups within the below mentioned park areas:

a. Heritage park pavilion.

b. Lions park pavilion on nonschool days.

c. Areas within public parks which may be reserved, such as individual barbecue areas together with tables and benches.

3. Said permit shall not allow the use or consumption of any alcoholic beverage after dusk, beyond twenty feet (20') of the reserved area, or in any parking area.

a. For special occasions, the director may extend the permissible hours of consumption after dusk.

4. The director may deny issuance of a permit in the event he or she makes a finding adverse to the applicant with respect to any of the following factors:

a. Failure to submit a complete application.

b. Making a false statement of fact required to be revealed in the permit application.

c. The applicant has been convicted of a crime involving moral turpitude.

d. The applicant has any prior revocation of facility use privileges in the past year.

e. Failure to pay reservation/permit fees.

5. If a permit is denied, the director shall give the applicant prompt written notice of such decision, including a statement of the specific reasons for denial and the right to appeal the decision under the city's administrative hearing procedures ordinance.

6. The rights granted by the permit may be revoked by any city police officer and/or parks and recreation administrative staff if the permittee causes a public inconvenience or annoyance.

C. Subsection A of this section shall not be deemed to make punishable any act or acts which are prohibited by any statute of the state of California.

D. Any person or entity violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not exceeding five hundred dollars ($500.00) or by imprisonment in the county jail for a period not exceeding six (6) months or by both such fine and imprisonment. (Ord. 2008-10, 11-4-2008)

E. Notwithstanding subsection A of this section, the city council may authorize the consumption of beer or wine, or both, during an event of limited duration held in a park owned and operated by the city held pursuant to section 5-2-5 of this chapter. Such authorization shall be limited to an area within the park designated by the city manager or chief of police. In connection with the granting of any such authorization, the city council may impose such reasonable conditions as it deems appropriate in each instance. (Ord. 8906, 9-19-1989; amd. Ord. 2008-10, 11-4-2008)

A. Definition Of Loitering: For purposes of this section, "loitering" means entering and remaining on any premises, public way or other area specified by this section under such circumstances that a reasonable person would conclude that the person who has entered and remains on such premises, public way or other area:

1. Does not have a purpose legitimately connected with the business, activity or function of the premises, public way or other area; and

2. Does not have a bona fide intent to exercise a constitutional right; and

3. Is causing a public inconvenience or annoyance.

B. Loitering Prohibited: It shall be unlawful and a violation of this section if any person:

1. Loiters in or on any private property open for public use, public sidewalks or other public ways; and

2. Such person refuses to comply with the lawful order of the police, owner, occupant or agent thereof to leave the hereinbefore designated areas or, after complying with such lawful order, such person returns within forty eight (48) hours and resumes "loitering" as defined above. (1975 Code §7-6.01)

C. Penalties: Any person violating any of the provisions of this section shall be guilty of an infraction and shall be punishable as set forth in sections 19c and 19d of the Penal Code of the State of California. (1975 Code §7-6.02)

A. It shall be unlawful for any person to fire or discharge any pistol, gun, airgun or firearm of any kind within the City except upon special permit issued by the Chief of Police.

B. This Section shall not apply to any peace officer engaged in the discharge of his duties or at an authorized or established shooting range.

C. Each violation shall be deemed to be a separate violation and chargeable as such. (Ord. 9215, 12-15-92)

A. It is unlawful for any person to wilfully or maliciously torture, tease, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the City Police Department or in the custody of the said Department or its designated handlers while any such dog is in the performance of the functions or duties of the Police Department or to wilfully interfere with any such dog while it is being used in the performance of any of the functions or duties of the Department.

B. This Section shall not be deemed to make punishable any act or acts which are prohibited by any law of the State of California. (1975 Code §7-7.01)

C. Any person violating any of the provisions of this Section shall be deemed guilty of an infraction. (1975 Code §7-7.02)

A. No person or entity shall sell, cause to be sold, trade, barter, exchange, donate or otherwise give to any other person any beer, wine or other intoxicating beverage within any park within the City.

B. Any person or entity violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not exceeding five hundred dollars ($500.00) or by imprisonment in the County jail for a period not exceeding six (6) months or by both such fine and imprisonment.

C. Notwithstanding subsection A of this Section, the City Council may authorize the selling of beer or wine, or both, during an event of limited duration held in a park owned and operated by the City. Such authorization shall be limited to an area within the park designated by the City Manager or Chief of Police. In connection with the granting of any such authorization, the City Council may impose such reasonable conditions as it deems appropriate in each instance.

D. No permit shall be granted pursuant to subsection C of this Section except upon written application therefor, which application shall indicate: 1) the applicant's full, legal name; 2) the applicant's full residence or business address; 3) the name and address of the park in which the event shall take place; 4) the date or dates on which the event is proposed to take place; and 5) the hours during which the applicant proposes to conduct such activity or activities. (Ord. 8906, 9-19-89)

A. Section 53069.3 of the California Government Code authorizes cities and counties to provide for the removal of graffiti and other inscribed material from public and privately owned permanent structures located on public or privately owned real property within such city or county. The City Council finds that graffiti on public and privately owned property is obnoxious in that it furthers blight, encourages acts of vandalism, depreciates the value of surrounding properties, and is inconsistent with the City's property maintenance goals and aesthetic standards.

B. The Council further finds and determines that unless graffiti is quickly removed, other properties soon become the target of graffiti. The existence of graffiti tends to begin community discontent and contempt for the law. (Ord. 9308, 9-7-93)

The following words and phrases when used in this Chapter shall, for the purpose of this Chapter, have the meanings respectively ascribed to them in this Section:

GRAFFITI OR OTHER INSCRIPTION: Any unauthorized inscription, word, figure or design that is indelibly marked, etched, scratched, drawn or painted on any component of any building, structure or other facility, regardless of the nature of the material of that component, structure, or facility.

INDELIBLE MARKER: Any marker, pen or similar implement containing anything other than a solution which can be removed with water after it dries and having a flat, pointed or angled writing surface of a width of four (4) millimeters or greater.

PRESSURIZED CONTAINER: Any can, bottle, spray device or other mechanism designed to propel liquid which contains ink, paint, dye or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps, or similar propulsion devices.

RESPONSIBLE ADULT: The parent or legal guardian of a minor under the age of eighteen (18) years. (Ord. 9308, 9-7-93)

A. It shall be unlawful for any person to apply graffiti or other inscription upon any wall, street, sidewalk, bridge, building, fence, gate, structure, signs, or other facility within the City.

B. Persons convicted of violating this Section, in addition to any other penalties imposed by this Code, shall pay restitution to the property owner. If the violator is a minor, the parent or guardian shall be responsible for the payment of restitution. (Ord. 9308, 9-7-93)

It shall be unlawful for any minor under the age of eighteen (18) years, not accompanied by a responsible adult, to possess an aerosol or pressurized container of paint or an indelible marker. (Ord. 9308, 9-7-93)

No person shall sell, offer to sell, cause to be sold, give or lend any aerosol or pressurized container of paint or any indelible marker to any minor under the age of eighteen (18) years. (Ord. 9308, 9-7-93)

A. Any person offering for sale pressurized containers shall restrict access to those items from the public either: 1) by placing them behind a locked counter, cabinet or other storage facility so that access to them cannot be gained without their being unlocked by an authorized employee, agent or other authorized representative of said person, or 2) by placing them in a location where they shall be in constant, uninterrupted view of an authorized employee, agent or other authorized representative of said person.

B. All persons offering for sale indelible markers shall keep such markers in a location where they can be in constant view of the employee, agent or other authorized representatives of the person selling the markers.

C. Persons engaged in the retail sale of aerosol or pressurized containers of paint and/or indelible markers shall display, at the location of retail sale, a sign clearly visible and legible to employees and customers reading:

It is unlawful for any person to sell, lend or give to any minor under the age of eighteen (18) years, an aerosol or pressurized container of paint or an indelible marker.

This sign will be displayed in addition to the sign required by section 594.1(c) of the California Penal Code. (Ord. 9308, 9-7-93)

A. Graffiti on property owned by the City shall be removed as soon as practicable.

B. Whenever graffiti exists upon the property owned by another public agency, or a private property owner, the City may remove it with the consent of the public entity or private property owner owning said property.

C. Private property owners shall remove graffiti from their property within twenty (20) calendar days after notification to the property owners by the city to remove such graffiti. Failure to remove the graffiti within the time allowed shall constitute a violation of this chapter.

1. Notice to private property owners by the city shall be addressed to the name and address as it appears on the last tax assessment roll or in other records maintained by public agencies, by depositing a copy of the notice in the United States mail, certified with full postage affixed, or personally delivering a copy of the notice to the owner of the property. The service is complete at the time of deposit in the mail or when personal device is effectuated. The failure of any person to receive such notice shall not affect the validity of any legal proceedings regarding removal of the graffiti. Notification to property owners shall be under the direction of the department of public works.

2. In the event that the owner fails to remove the graffiti after notice has been sent, the city may, at its option, abate the graffiti as a nuisance. (Ord. 9308, 9-7-1993)

The city may pay to any person who provides information which leads to the arrest and conviction of any person who applies any drawing, inscription, figure, or mark, commonly known as graffiti, to a surface of real or personal property, a reward as established by council resolution. (Ord. 9308, 9-7-1993)

A. The violation of any provision of this chapter may be prosecuted as either an infraction or a misdemeanor at the discretion of the city attorney.

B. Community service in the city may be imposed in lieu of any penalties and punishments where there has been a conviction or guilty or nolo contendere plea to a misdemeanor.

C. If a minor is personally unable to pay any fine or restitution levied for violating any provision of this chapter, the parent or legal guardian shall be liable for the payment of this fine or restitution for any intentional acts of the minor. (Ord. 9308, 9-7-1993)

Prior to entry onto private property by city personnel or authorized contractor for the purpose of graffiti removal, a specified and assigned written consent form shall be obtained from the private property owner or designated agent for such authorization of entry and release of liability. (Ord. 9308, 9-7-1993)

As a part of any abatement, a ten percent (10%) administrative fee will be charged against the party responsible for violation of any provision of this chapter. (Ord. 9308, 9-7-1993)

A person commits public indecency, a misdemeanor, who knowingly or intentionally, in a public place:

A. Engages in sexual intercourse; or

B. Appears in a state of nudity; or

C. Fondles the genitals of himself, herself or another person. (Ord. 2000-11, 11-21-2000)

The prohibition set forth in subsection 5-2-7-1B of this chapter shall not apply to:

A. Any child under ten (10) years of age; or

B. Any individual exposing a breast in the process of breastfeeding an infant under two (2) years of age. (Ord. 2000-11, 11-21-2000)

The following words and phrases when used in this section 5-2-7 shall have the meanings respectively ascribed to them in this section:

NUDITY: The showing of the human male or female genitals, pubic hair or cleavage of the buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.

PUBLIC PLACE: Includes all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied. (Ord. 2000-11, 11-21-2000)