Chapter 9 — PROHIBITION OF OBNOXIOUS CONDUCT

(A) Every person shall be guilty of a misdemeanor who, as an employee, entertainer, or as a participant in any live act or demonstration or exhibition, whether for compensation or not, exposes his or her genitals, or any portion of the female breast at, or below, the areola thereof, in any establishment which serves food, beverages, or food and beverages, including, but not necessarily limited to, alcoholic beverages, or in any public place, or place open to the public, or place open to public view.

(B) The provisions of this section shall not apply to a theater, concert, or similar establishment which is primarily devoted to theatrical performances.

('61 Code, § 4-9.01) (Ord. 202 C.S., passed 7-4-73)

It shall be unlawful for any person to tease, torment, strike, injure, disable or attempt any such conduct against any dog used by the Police Department or in the custody of any representative of the Police Department or designated police dog handlers, or to interfere with any such dog or the use of such dog in the performance of any function or duty of the Police Department. Violation of this section is expressly designated a misdemeanor. ('61 Code, § 4-9.02) (Ord. 388 C.S., passed 3-1-82)

GRAFFITI

Intent and purpose. The City Council finds and declares that graffiti on public or private property creates a condition tending to reduce the value of such property, promotes blight and deterioration of surrounding property, and invites further vandalism; and it results in loss of pride in affected neighborhoods and loss of business to neighboring commercial enterprises. Although state law prohibits the sale of products used in graffiti to persons under the age of eighteen, graffiti continues to proliferate in the city due in part to the theft of aerosol paint products. Supplemental local deterrents to the availability for use of aerosol containers of paint are needed to further inhibit their use for graffiti purposes. (Ord. 613 C.S., passed 2-2-94)

(A) Cal. Civ. Code § 1714.1(b) provides that any act of willful misconduct by a minor in applying graffiti in violation of any provision of the state Penal Code, where such misconduct causes damage to property, shall cause the parent or guardian having custody and control of the minor to be jointly and severally liable with the minor for any damages resulting from such misconduct in an amount up to $10,000. State law further provides that such liability shall include but not be limited to, the costs expended to remove or otherwise abate such graffiti damage, court costs, and attorneys' fees. Pursuant to this provision of state law the City Administrator shall seek recovery of, and have the

authority to seek reimbursement for, the city's damages including the cost of removal and abatement of graffiti to any city property pursuant to Cal. Civ. Code § 1714.1(b).

(B) The city shall provide assistance in the form of notification, advice, and counsel for private citizens in the city seeking to obtain recovery under Cal. Civ. Code § 1714.1(b) for damage to their property occurring in the city. (Ord. 613 C.S., passed 2-2-94)

(A) On and after April 1, 1994, every person who owns, conducts, operates, or manages a retail commercial establishment selling aerosol paint containers containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol paint containers to be stored in an area which is not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such paint containers.

(B) For purposes of this section, NOT ACCESSIBLE TO THE PUBLIC means that such merchandise is kept in a locked storage area so that the merchandise cannot be removed without assistance from an employee of the retail establishment. Such stores area may be visible to the public as long as the merchandise in the storage area cannot be physically accessed by the public without employee assistance.

(Ord. 613 C.S., passed 2-2-94)