Modesto Municipal Code Ch. 2 Misdemeanors

It shall be unlawful and a misdemeanor to use barbed wire as material for construction, repairing or maintaining any part of a fence or adjunct thereof except that on fences six (6) feet or more in height barb wire may be placed on the top thereof for an additional height of not to exceed eighteen (18) inches, but such barbed wire shall not be placed in such a manner as to extend in an outward direction and away from the premises enclosed by said fence.

(Sec. 15(b), Ord. 10-N.S., as amended by Sec. 1, Ord. 806-N.S.)

(Sec. 1, Ord. 1077-N.S., repealed by Ord. 3022-C.S., § 2, effective 2-27-97)

It shall be unlawful and a misdemeanor:

(a) For any person not a peace officer, to wear or carry concealed about his person any pistol, dirk, bowie-knife, sling-shot, sand-club, metallic knuckles or any other dangerous weapon, except he first have a written permit to do so from the Chief of Police of the City.

(b) For any person not a peace officer to have in his possession a picklock, jimmy, skeleton keys, key to be used with bits, burglar's tools, or burglar's instruments, unless the possession of such articles is shown to be for an innocent or lawful purpose.

(Sec. 1, Ord. 10-N.S.)

(a) Definition. As used in this section "dangerous weapon" shall mean and include, but is not limited to:

(1) Any knife having a blade three inches or more in length, or any snap-blade or spring-blade knife regardless of the length of the blade;

(2) Any ice pick or similar sharp stabbing tool;

(3) Any straight-edge razor or any razor blade fitted to a handle;

(4) Any cutting, stabbing or bludgeoning weapon or device capable of inflicting grievous bodily harm; or

(5) Any dirk or dagger or bludgeon.

(b) Carrying Dangerous Weapon. It shall be unlawful for any person to carry upon his person or to have in his possession or under his control any dangerous weapon; provided that it shall be a defense to any prosecution for a violation of this section, if, at the time of the alleged violation, the instrument or device alleged to be a dangerous weapon was in good faith carried upon the person of the accused or was in good faith in his possession or control for use in his lawful occupation or employment or for the purpose of lawful recreation; and provided, further, that the provisions of this section shall not apply to the commission of any act which is made a public offense by any law of this State.

(c) Disorderly Conduct. It shall be unlawful for any person who has upon his person or in his possession or control any dangerous weapon to engage in any fight or participate in any rough or disorderly conduct upon any public place or way or upon the premises of another.

(Added by Ord. 152-C.S., effective 3-28-57)

It shall be unlawful and a misdemeanor to wantonly, maliciously or carelessly obscure, deface, destroy or remove any bill, placard, poster or advertisement lawfully being on any fence, wall, building or bulletin board.

(Sec. 15(c), Ord. 10-N.S.)

An "Electrified Fence" is hereby defined to be any fence or barricade, whether consisting of one or more strands of wire, or otherwise, that is charged with electricity and/or electric current.

(Sec. 2, Ord. 562-N.S.)

Electrified fences shall comply with all of the requirements set forth in Section 10-4.406(g) of this Code.

(Sec. 1, Ord. 562-N.S.)

(Ord. No. 3681-C.S., § 2(A), effective 1-11-2018)

Editor's note— Ord. 3650-C.S., § 1, effective July 14, 2016, repealed § 4-2.07, which pertained to fireworks and derived from Ord. 10-N.S., Ord. 716-N.S., Ord. 1256-C.S., Ord. 1764-C.S., § 1, and Ord. 2604-C.S., § 1, effective Oct. 27, 1988.

No person shall take off or land any aircraft within the City limits except upon a regularly established airport field or landing place unless that person has special permission of the Chief of Police or the Airport Manager to land elsewhere or that person is on an emergency or rescue mission. The terms "emergency" and "rescue mission," as used in this section, shall mean situations in which human life is threatened. The term "regularly established airport field or landing place" shall mean only those sites for landing or takeoff of aircraft which are so designated pursuant to the provisions of Title 10 of this Code. The term "aircraft" includes any airplane, helicopter, ultralight vehicle, glider, balloon, parachute or other contrivance now known or hereinafter invented, used or designed for navigation of or flight in the air. The term to "land" includes loading or unloading person(s) and/or cargo between an airborne aircraft and the ground or a structure or other object located on the ground, and also includes the touching of any part of an aircraft upon the ground or upon a structure or other object located on the ground.

This section shall not prohibit the takeoff or landing of a helicopter at a construction site for the purpose of handling building materials or equipment during construction activities, provided that written permission for such takeoff or landing is first obtained from the Airport Manager. Each applicant for such permission shall provide the Airport Manager with a written statement specifying what kind of operation is planned, including the location and the type of work to be performed. In determining whether to grant permission for the operation, the Airport Manager shall consider weather conditions, the existence of obstructions in approach and departure paths, the proximity of the construction site to schools and other centers of activity, and any other factors necessary to determine that the operation can be conducted safely. If written permission for the operation is granted, the applicant shall provide the Airport Manager with twenty-four (24) hours' notification prior to commencing the operation.

(Added by Ord. 221-C.S., amended by Ord. 2244-C.S., § 1, and Ord. 2504-C.S., § 1, effective 6-11-87)

No person shall drink and/or be in possession of an open container, including, but not limited to, any bottle, can or other receptacle containing any beer, wine or other intoxicating beverage on any public street, sidewalk, alley, playground, or walkway except:

(a) In the geographic area immediately surrounding a community-wide event which has received the prior written approval of the City Manager which shall specify the boundaries of the exempted area and the duration of the exemption;

(b) In or on the property of an establishment, business place, outdoor dining area or other location properly licensed for the consumption of alcoholic beverages under the Alcoholic Beverage Control Act of the State of California.

No person shall drink and/or be in possession of an open container containing any intoxicating beverage on any private parking lot held open to the public except for intoxicating beverages dispensed or consumed on a private parking lot pursuant to a license issued for that purpose by the State of California. Nor shall any person drink and/or be in possession of any open container containing any intoxicating beverage on any public parking lot except those that directly abut a City park, and only with advance written approval of the Public Works Director. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the State of California.

(Added by Ord. 10-N.S., amended by Ord. 235-C.S., repealed by Ord. 607-C.S., added by Ord. 1649-C.S., § 1, amended by Ord. 2317-C.S., § 1, Ord. 2470-C.S., Ord. 2990-C.S., § 1, Ord. 3037-C.S., § 1, Ord. 3053-C.S., § 1, Ord. 3128-C.S., § 2 and Ord. 3364-C.S., § 1, effective 12-9-04)

All persons within the City, dealing in buying, selling or dispensing junk, or wrecking, selling and/or storing old automobiles and automobile parts and storing their products in lots or open spaces, shall erect, keep and/or maintain solid board fences entirely surrounding said junk and/or wrecked cars and/or wrecked auto parts. Said fence shall be composed of material that shall not create a glare. Said fence shall be not less than six (6) feet in height.

(Ord. 627-N.S.)

No person maintaining and operating a junkyard or wrecked car lot shall pile, stack or store said junk or wrecked cars or wrecked auto parts in such manner as to permit said junk, wrecked cars or wrecked auto parts to extend above the top of the fence required by Section 4-2.10 of this Code.

(Ord. 627-N.S.)

(Added by Ord. 767-C.S., amended by Ord. 2604-C.S., § 1, repealed by Ord. 2805-C.S., § 5, effective 4-16-92)

(Ord. 754-N.S., repealed by Ord. 1357-C.S., effective 6-12-74)

It shall be unlawful for any person to offer the public that game of chance known as Loopaduck whether for consideration or otherwise and regardless of whether merchandise, money or other premiums are given as a reward.

(Ord. 754-N.S.)

(Ord. 754-N.S., repealed by Ord. 1357-C.S., effective 6-12-74)

It shall be unlawful for any person to willfully tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure, or kill, or to interfere with any dog while such animal is being used by the Modesto Police Department, or any officer or employee thereof, in the performance of any function or duty of said Department, or of such officer or employee.

(Added by Ord. 2092-C.S., § 1, effective 12-10-81)

It shall be unlawful and a misdemeanor for any person to manage, conduct, operate or hold in any public place in the City, to which the public is invited or admitted, either with or without an admission fee, any marathon or endurance dance, exhibition or contest of any type or kind in which the participants are required or permitted to engage in dancing, walking or physical exercises or movements of any kind for a longer period than forty-eight (48) hours without rest or intermission of at least eight (8) consecutive hours during each period of twenty-four (24) hours.

(Ord. 40-N.S.)

(a) The City Council finds that the driving, riding and use of motorcycles, motor-driven cycles or off-highway motor vehicles on public and private property within the limits of the City of Modesto is and can be the cause of noise and dust and of the destruction of plants, landscaping and other personal and real property, which conduct adversely affects the comfort and privacy of occupants and residents of the City of Modesto. Because said conduct may be intermittent, fleeting, moving and/or caused by persons who are minors, the noise and public nuisance provisions of this Code, as well as other legal remedies, are inadequate to control said conduct and its adverse effect. The provisions of this section relating to the regulation of motorcycles, motor-driven cycles, or off-highway motor vehicles are therefore necessary for the public welfare.

(1) The City Council declares that the purpose of this section is to exercise the general police power in order to protect the enjoyment and use of public and private property, to protect the rights of privacy, to preserve property and personal values, and to promote peace and quiet within the City of Modesto by regulating the use of motorcycles, motor-driven cycles, or off-highway motor vehicles on public and private property within the City of Modesto.

(2) This section shall not apply to the driving, riding, and use of motorcycles, motor-driven cycles, or off-highway motor vehicles on streets and highways or in other areas which are specifically governed or preempted by the Vehicle Code or any other statutes of the State of California.

(b) Use. It shall be unlawful for any person to drive, ride, or use a motorcycle, motor-driven cycle, or off-highway motor vehicle, as such vehicles are defined in Sections 400, 405, and 38012 respectively of the Vehicle Code of the State of California, including but not limited to motor scooters, motor bikes and mini-bikes, upon any public or private property which is not a public street or highway, or a private street approved by the City, except that this subsection shall not apply in any of the following instances:

(1) Where such vehicle is being driven, ridden, or used upon property by the owner, resident or occupant of such property, or by an authorized visitor, when such visitor is accompanied by or has written authorization in his possession from the owner, resident or occupant of such property.

(2) Where such use is permitted pursuant to an un-classified use permit or otherwise in accordance with the zoning regulations of the City of Modesto.

(c) Mufflers. It shall be unlawful for any person to drive, ride or use a motorcycle, motor-driven cycle, or off-highway motor vehicle, as such vehicles are defined in Section 400, 405, and 38012 respectively of the Vehicle Code of the State of California, including but not limited to motor scooters, motor bikes and mini-bikes, upon any public or private property which is not a public street or highway, or a private street approved by the City, unless said motorcycle, motor-driven cycle, or off-highway motor vehicle is at all times equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Section 38280 of the Vehicle Code of the State of California, as the same now exists or may hereafter be amended, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.

(d) Other Regulations. The regulations contained herein do not supersede or preclude the enforcement of the noise regulations, zoning regulations or any other regulations contained in this Code which are applicable to any conduct regulated hereby.

(Ord. 1478-C.S., effective 11-22-75)

(Repealed by Ord. 550-C.S., effective 1-10-63)

It shall be unlawful and a misdemeanor for any persons composing a company or crowd obstructing, impeding or impairing the free and peaceful passage of others on or along any street, sidewalk, bridge, public way or entrance to any theatre, pavilion, public hall or church or other place of public resort, to refuse, fail or neglect to disperse or move on when requested to do so by a peace officer.

(Ord. 392-N.S., amended by Ord. 19-C.S., amended by Ord. 217-C.S., repealed by Ord. 1269-C.S., effective 6-6-73)

It shall be unlawful and a misdemeanor for any person to place or set in any aisle or passageway in any building, apartment, hall or room used for public assemblages at any time during any performance, exhibition, concert, play, ball, lecture, service, public assembly, any camp-stools, benches, chairs, sofas, or other obstruction or impediment to passage along and through the entire width and length of such aisle or passageway.

(Sec. 12, Ord. 10-N.S.)

It shall be unlawful and a misdemeanor:

(a) To break, remove, damage, disturb or in any way interfere with any pole, wire, apparatus or appurtenance of the fire-alarm telegraph without first having a special permit or authority to do so from the Chief of the Fire Department.

(b) Wilfully or negligently to obstruct or impede any member or apparatus of the Fire department when such member or apparatus of the Fire department is going to or engaged in extinguishing a fire.

(c) Wilfully or negligently to drive any vehicle over or across any hose of the Fire Department, such hose then and there not being fully protected from damage thereby.

(Sec. 10, Ord. 10-N.S., subsection (d) repealed by Ord. 368-C.S., effective 3-10-60)

It shall be unlawful for any person knowingly to do or commit any of the following acts:

(a) Report any false or fictitious information to the Fire Department indicating that a fire has been set or that a fire is about to be set.

(b) Make any false or fictitious request of the Fire Department for help or protection.

(c) Cause the Fire Department to respond to any false or fictitious report.

(d) Request the assistance of, or investigation by Fire Department in connection with, or as a result of, any such false or fictitious report or information.

(e) Report any false or fictitious information to the Fire Department as to:

(1) The manner in which a fire was set;

(2) The amount of value of property damaged, or destroyed as a result of a fire;

(3) The circumstances surrounding the setting of a fire; or

(4) Any other material fact regarding the setting of a fire.

(Added by Ord. 368-C.S., effective 3-10-60)

Every person who:

(a) Shall hire and/or use any apartment, room or tenement for the purpose of assignation or prostitution (or who shall let any apartment, room, or tenement, knowing, and/or under such circumstances that should cause a person of reasonable understanding to know, that it is to be used for the purpose of assignation or prostitution);

(b) Who aids, offers or agrees to commit or commits any lewd, immoral, lascivious or indecent act or any act of prostitution;

(c) Offers to secure or secures another for the purpose of committing any act of prostitution, fornication, assignation or for any other lewd, immoral, lascivious or indecent act with any other person;

(d) Is in or near any thoroughfare or public place for the purpose of inducing, enticing, encouraging or procuring another to commit an act of lewdness, fornication or unlawful sexual intercourse;

(e) Knowingly transports any person to any place where he may commit, or for the purpose of committing any lewd, immoral, lascivious or indecent act, or any act of prostitution;

(f) Knowingly receives, offers or agrees to receive any person into any place or building for the purposes of assignations or of performing any act of lewdness or fornication, or knowingly permits any person to remain there for any of such purposes;

(g) Directs any person to any place for the purpose of committing any lewd, immoral, lascivious or indecent act, or any act of prostitution or fornication;

(h) Conducts or behaves himself or herself in such a manner as to be injurious to the health or morals of others; or

(i) In any manner aids or abets or participates in the doing of any acts prohibited by subsections (a) to (h), inclusive of this section; is guilty of violation of this chapter.

(Ord. 726-N.S., § 1)

It shall be unlawful and punishable as an infraction for any person to stop, stand, park or propel any pushcart through, along or upon any street or sidewalk in the City.

(Ord. 605-N.S., § 1, amended by Ord. 2604-C.S., § 1, effective 10-27-88)

(Ord. 605-N.S., § 3, amended by Ord. 392-C.S., repealed by Ord. 3336-C.S., § 1, effective 1-10-04)

(Repealed by Ord. 392-C.S., effective 7-7-60)

(Repealed by Ord. 5-C.S., § 2, effective 11-25-54; see § 4-7.1201)

It shall be unlawful and punishable as an infraction for any person on any of the public streets or sidewalks in the City, or in any area or doorway or entrance way immediately abutting thereon, or in any park or other public place within said City, to solicit or attempt to effect or effect the sale of any subscription to any magazine, periodical or like publication for future delivery.

(Ord. 718-N.S., § 1, amended by Ord. 2604-C.S., § 1, effective 10-27-88)

It shall be unlawful and a misdemeanor:

(a) For any person wantonly or negligently to break, remove, damage, disturb, or interfere with any wire, pole, apparatus or appurtenance of any telephone or telegraph company.

(b) For any person not in the course of service in or for such company to break, remove, damage, disturb or interfere with any wire, pole, apparatus or appurtenance belonging to or being used by any telephone or telegraph company, the same being lawfully in place, without having first obtained a specific permit to do so from the local superintendent or manager of such company, or in case of his/her absence or refusal, and when such wire, pole, apparatus or appurtenances are in, or over or across any public street, way or square, from the Public Works Director.

(c) For any person to climb or ascend any pole, mast or tower of any telephone, telegraph, fire-alarm or electric light system without the consent first had of the officer or person having local superintendence of the same, except that in cases of emergency such permission may be given by the Public Works Director.

(Ord. 10-N.S., § 13; amended by Ord. 3128-C.S., § 2 and Ord. 3364-C.S., § 1, effective 12-9-04)

It shall be unlawful for any person knowingly to do or commit any of the following acts:

(a) Report any false or fictitious information to the Police Department indicating that a crime has been committed or that a crime is about to be committed.

(b) Make any false or fictitious request of the Police Department for help or protection.

(c) Cause the Police Department to respond to any false or fictitious report.

(d) Request the assistance of, or investigation by, the Police Department in connection with, or as a result of, any such false or fictitious report or information.

(e) Report any false or fictitious information to the Police Department as to:

(1) The manner in which a possible crime was committed; or

(2) The amount of value of property stolen, damaged, or destroyed as a result of a possible crime; or

(3) The circumstances surrounding the commission of a possible crime; or

(4) Any other material fact regarding the commission of a possible crime.

(Added by Ord. 71-C.S., effective 3-22-56)

(Added by Ord. 326-C.S., repealed by Ord. 2390-C.S., § 2, effective 11-26-85)

(a) Findings. The Modesto City Council finds that aggressive begging for money or anything of value directed at residents of and visitors to the City of Modesto threatens public safety, impairs commercial activity and harms public welfare. Aggressive begging interferes with the public's inherent right to use and enjoy public places without fear of intimidation caused by those persons who harass others by asking for money or goods. Such conduct can undermine economic vitality by inconveniencing patrons and thus reduces shopping activity within the City. Such conduct can discourage visitors and prospective customers from coming to the City of Modesto for business, shopping or recreation because it creates an atmosphere of discomfort and fear.

(b) Definitions. For the purposes of this section, the following definitions apply to this section and to Section 4-2.34:

(1) "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods.

(2) "Automatic teller machine" means any electronic information processing device which dispenses or accepts cash in connection with a credit deposit or convenience account.

(3) "Bank" means any bank, banking association, trust company, savings bank, check cashing business, credit union, or other banking institution.

(4) "Beg" means to ask for money or goods as a charity or gift, whether by words, bodily gestures, signs, or other means.

(5) "Harass or hound" means to closely follow the person solicited, touch the person solicited, or direct profane or abusive language toward the person solicited after the person solicited either expressly or impliedly makes it known that he or she does not want to give money or anything of value to the solicitor.

(6) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled.

(7) "Outdoor dining area" shall mean an outdoor or indoor dining area of a restaurant or other establishment serving food for immediate consumption.

(8) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets.

(9) "Public transportation vehicles or facilities" shall mean any vehicle including a trailer bus designed for carrying more than ten (10) persons and the designated or posted stop for the public transportation vehicle.

(10) "Solicitation" means any request made in person seeking an immediate donation of money or other item of value. This shall include passively displaying a sign or any other indication that the person is seeking donations. Solicitation includes begging.

(c) Prohibition. It shall be unlawful for any person on the streets, sidewalks or in any public place within the City of Modesto, whether publicly or privately owned, to aggressively beg, intimidate, harass or hound another person for the purpose of inducing that person to give money or anything of value.

(d) Violation.

(1) The provisions of Title 1 Chapter 2.01 of this Code shall be applicable to all violations of this section.

(2) Violation of this section shall constitute a misdemeanor.

(Added by Ord. 3022-C.S., § 1, amended by Ord. 3300-C.S., § 1, effective 7-24-03)

(a) Findings. The intent of the Modesto City Council in enacting this ordinance is to protect the public safety of the City of Modesto's residents and visitors against intrusive solicitation by imposing reasonable place restrictions while respecting the constitutional rights of free speech for all citizens. The Council finds that solicitation in certain locations throughout the City is extremely disturbing and dangerous to residents, visitors, and businesses and will contribute to the loss of access to public places due to fear and intimidation. Solicitation in specific locations near banks, automatic teller machines, and traffic intersections is especially threatening and dangerous to both persons and property. The Council further finds that solicitation from people in public places where they are a "captive audience" restricts residents' ability to decline or avoid solicitation. These public places include: public transportation vehicles and stops, public parking lots or structures, and indoor/outdoor dining areas. This law is timely and appropriate because current City laws and regulations do not address the aforementioned problems. The restrictions contained herein are narrowly tailored to serve a substantial government interest. The City of Modesto seeks to protect citizens from fear, intimidation and dangerous conditions that accompany certain kinds of solicitation that occurs in specific locations within the City.

(b) Prohibition. Solicitation shall be prohibited when the person solicited is in any of the following locations:

(1) Within twenty-five (25) feet of public transportation vehicles or facilities;

(2) Motor vehicles that are located within one hundred (100) feet of any intersection controlled by an official traffic signal as set forth in Vehicle Code Section 21450;

(3) Public parking lots or structures after sunset;

(4) Indoor/Outdoor dining areas of restaurants;

(5) Within twenty-five (25) feet of the entrance or exit of a bank during business hours or automatic teller machine during the time it is available for customer's use; and

(6) Within twenty-five (25) feet of a group of five (5) or more persons waiting to gain admission to a place or vehicle, or waiting to purchase an admission ticket or item.

(c) Violation.

(1) The provisions of Title 1 Chapter 2.01 of this Code shall be applicable to all violations of this section.

(2) Violation of this section shall constitute a misdemeanor.

(Added by Ord. 3300-C.S., § 2, effective 7-24-03)

Any person or group may engage in solicitation activities otherwise prohibited by this chapter under the following conditions and restrictions:

(a) A permit is secured in advance of the solicitation activity from the Modesto Police Department.

(b) All restrictions regarding the prohibition of aggressive begging prohibited or restricted by Section 4-2.33 of this chapter shall remain applicable.

(c) The Police Chief, or his or her designee, has determined that the solicitation will be conducted in a manner which will not unduly endanger public safety. In this regard, the Police Chief, or his or her designee, may impose such reasonable restrictions on the manner in which the activity is conducted and the time and location of such solicitation as may be necessary to ensure the public's safety.

(d) Each individual or group shall be limited to one (1) permit during any twelve (12) month period.

(e) Any permit issued pursuant to this section shall be limited to one (1) twenty-four (24) hour period and the permit shall state on its face the beginning and ending times and any other condition imposed. As a condition of the permit, the permittee shall obtain insurance in a form acceptable to City, listing the City of Modesto as an additional insured and the permittee shall indemnify the City against any and all claims arising directly or indirectly from the permittee's activity/conduct. The permittee's obligation to indemnify the City is not contingent on the permittee obtaining the insurance required by this section.

(f) Every individual person to whom a permit is issued shall have in their possession at all times during the period of solicitation, a copy of the permit. When a permit is issued to a group or organization and the solicitation will be conducted by multiple persons, the Police Chief, or his or her designee, may administratively implement such policies and procedures necessary to easily identify those persons who are authorized to conduct solicitation activity pursuant to the permit.

(g) Each applicant for a permit shall submit to the Police Chief, or his or her designee, at least ten (10) days before the date of the proposed solicitation; an application for a permit on forms prescribed by the Police Chief. At the time of submitting its application, each individual or group shall pay a nominal processing fee of ten dollars ($10.00).

(h) A permit may be denied to any person who has been convicted of an offense involving fraud, embezzlement or similar crimes. If the applicant is a group or organization, the permit may be denied if the principal financial officer of the group or organization has been convicted of such crimes.

(Added by Ord. 3403-C.S., effective 2-24-06)