Modesto Municipal Code Ch. 23 Restrictions on Use of Specified Items During Public Assembly

(a) To ensure the peaceful expression of free speech, the City of Modesto has adopted the following provisions to limit the use of certain objects that may be weaponized during demonstrations, rallies, protests, counter-protests, picket lines, marches, or assemblies on public property in order to safeguard against violence for the citizenry of Modesto.

(b) The City of Modesto adopts these content-neutral, time, place and manner regulations to ensure for the safety and welfare of all individuals. These regulations allow for the peaceful expression of differing ideas and views while reducing the risk of violent conflict by prohibiting the use or possession of weapons, or objects that may be weaponized during demonstrations, rallies, protests, counter-protests, picket lines, marches, or public assemblies.

(Ord. No. 3701-C.S., § 2, effective 8-13-19; Ord. No. 3702-C.S., § 2, effective 10-3-19)

(a) No person shall utilize, carry, or possess the following items or articles while attending or participating in any demonstration, rally, protest, counter-protest, picket line, march, or public assembly:

(1) Any length of lumber, wood, or wood lath unless that object is one-quarter (¼) inch or less in thickness and two (2) inches or less in width, or if not generally rectangular in shape, such object shall not exceed three-quarter (¾) inch in its thickest dimension. Both ends of the lumber, wood or wood lath shall be blunt;

(2) Any length of metal or plastic pipe, whether hollow or solid; provided, however, that hollow plastic piping not exceeding three quarter (¾) inch in its thickest dimension and not exceeding one-eighth (⅛) inch in wall thickness, and not filled with any material, liquid, gas or solid may be used solely to support a sign, banner, placard, puppet or other similar expressive display. Both ends of any plastic pipe permissible under this subsection shall be blunt;

(3) Signs, posters, banners, plaques or notices, unless such sign, poster, banner, plaque or notice is constructed solely of soft material, such as cloth, paper, soft plastic capable of being rolled or folded, or cardboard material no greater than one-quarter (¼) inch in thickness;

(4) Baseball or softball bats, regardless of composition or size;

(5) Any aerosol spray, tear gas, mace, pepper spray, smoke canisters, or bear repellant;

(6) Any projectile launcher or other device, such as a catapult or wrist rocket, which is commonly used for the purpose of launching, hurling or throwing any object, liquid, material or other substance, whether through force of air pressure, spring action or any other mechanism;

(7) Weapons such as knives, daggers, swords, sabers or other bladed devices, axes, axe handles, hatchets, billy clubs, ice picks, razor blades, nunchucks or martial arts weapons of any kind, box cutters, pellet or BB guns, improvised explosive devices (IEDs), dynamite, conducted electrical weapons (CEWs), including, but not limited to, Tasers or stun guns, metal/composite/wooden knuckles, or any chain greater than twenty (20) inches in length or greater than one-quarter (¼) inch in diameter;

(8) Balloons, bottles or any other container such as water cannons, super-soakers, or toy or replica firearms filled with any flammable, biohazard or other noxious matter which is injurious, or nauseous, sickening or irritating to any of the senses, with intent to throw, drop, pour, disperse, deposit, release, discharge or expose the same in, upon or about any demonstration, rally, protest, picket line or public assembly;

(9) Glass bottles or metal containers, whether empty or filled;

(10) Open flame torches, lanterns or other devices that utilize combustible materials such as gasoline, kerosene, propane or other fuel sources;

(11) Shields made of metal, wood, hard plastic or any combination thereof;

(12) Bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings; and

(13) The wearing of a mask, scarf, bandana or any other accessory or item that covers or partially covers the face shielding the wearer's face from view and conceals the wearer's identity, except for:

(i) Coverings worn due to religious beliefs, practices, or observances. For purposes of this section, the religious exemption will apply to any individual wearing a religious garment that covers their face including, but not limited to hijabs, niqabs, burkas and the functional equivalent;

(ii) Coverings worn due to medical necessity. For purposes of this section, the medical necessity exemption shall apply to any individuals who are wearing medical grade masks including but not limited to a surgical mask, disposable face mask, N95 mask, KN95 mask, elastomeric mask, and/or the functional equivalent but not for balaclavas, ski masks or the like; and

(iii) The restrictions of Section 4-23.02 (a)(13) do not apply to costumes which obscure the face as part of the expressive function of the costume including, coverings worn as part of a costume in connection with a holiday event (e.g., Halloween), masquerade event (e.g., Mardi Gras), theatrical or other entertainment event, and/or the functional equivalent;

(14) Any gas masks or similar breathing devices;

(15) Any hardshell impact resistant helmet, including, but not limited to: motorcycle helmets, bicycle helmets, sports helmets, or ballistic helmets. This provision does not include softshell bicycle/sports helmets;

(16) Any laser pointing devices;

(17) Any umbrellas in the absence of rain or being used to protect from extreme heat. When an umbrella may be used based on these weather conditions, the umbrella shall not exceed sixteen (16) inches in its longest dimension when fully collapsed and shall have a blunt end;

(18) Any professionally manufactured or personally fabricated equipment or clothing designed to be bullet-resistant, fragment-resistant, stab-resistant, or impact resistant, including, but not limited to: riot control gear, sports equipment, bullet-resistant vests, flak jackets, or stab-resistant vests; and

(19) Load-bearing or similar "tactical" vests designed to carry weapons, tactical equipment, or armor plates, commonly used by law enforcement or military institutions.

(b) It shall be unlawful and a misdemeanor to violate any provisions of this chapter.

(c) When feasible, excluding exigent circumstances, a warning shall be issued before enforcement of the provisions of this chapter. Such warning shall be sufficient if provided orally, by posted signs or by amplified announcement.

(d) Authorized peace officers, or employees, agents or representatives of the City, shall be exempt from the provisions of this chapter when such officers, employees, agents or representatives of the City are engaged in official business of the City.

(e) Nothing in this chapter shall prohibit the imposition of specific conditions for activities expressly authorized under a permit issued pursuant to Modesto Municipal Code Section 4-8.01 et seq. (Regulation of Parades) or prohibit the modification of these provisions for such permits issued pursuant to Section 4-8.01 et seq. upon a finding by the Chief of Police that such modification will not impair or threaten public safety.

(f) Nothing in this section shall prohibit an individual from carrying a cane or using a walker or other device necessary for providing mobility or access so that the person may participate in a public protest, demonstration, rally, picket line or public assembly.

(Ord. No. 3701-C.S., § 2, effective 8-13-19; Ord. No. 3702-C.S., § 2, effective 10-3-19; Ord. No, 3735-C.S., § 2, effective 8-10-21; Ord. No. 3736-C.S., § 2, effective 10-7-21; Ord. No. 3804-C.S, § 2, effective 12-2-25; Ord. No. 3805-C.S , § 2, effective 1-8-26)