Monterey Municipal Code Art. 1 Offenses -- Miscellaneous

Except as permitted in certain picnic areas specifically listed in Chapter 23 of this code and outdoor seating areas as allowed by encroachment permit, no person shall consume any alcoholic beverage or have in their possession any open container of any alcoholic beverage upon any public street, park, greenbelt, plaza, sidewalk, alley, lane, wharf, pier, walkway, mall, or other public place in the City.

For purposes of this section, “open container” includes any can, bottle, or other receptacle that has been opened, has a seal broken, or the contents of which have been partially removed.

This section does not apply to individuals in possession of empty alcoholic beverage containers for recycling purposes. (Ord. 3497 § 2, 2014; Ord. 3433 § 1, 2009)

No person shall play ball, ball and catch, baseball or any other game where any ball or other object is thrown from, to, or at one or another players, or from one place to another, or to or against any object or point or place, upon any of the public streets of the City.

No person shall place, or suffer or allow to remain, boats of any kind, rubbish, debris, or other materials or thing upon the shore of the Bay of Monterey, within the City, below ordinary high water mark.

(Ord 3360: 09/05)

a.No person may solicit, ask or beg in an aggressive manner in any public place, which is defined to include but not be limited to any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, beach, boardwalk, hiking or walking trail, designated open space area, and any doorway, entrance, hallway, lobby and other portion of any business establishment or premises open to the public.

“Aggressive manner” is defined as any of the following actions:

1.Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to

A.fear bodily harm to oneself or to another, damage to or loss of property, or

B.otherwise be intimidated into giving money or other thing of value;

2.Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging;

3.Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

4.Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;

5.Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

6.Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.

“Solicit, ask or beg” is defined to include the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

b.No person shall solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association during its business hours, or within 15 feet of any automated teller machine during the time it is available for customers use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.

1.The provisions of this Subdivision (b) shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, convenience market and retail sales facilities, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.

c.No person may solicit, ask or beg in any of the following locations, or under any of the following circumstances, after dark (one-half hour after sunset to one-half hour before sunrise):

1.Public parking lot or structures.

d.No person may loiter on any median island or solicit, ask or beg while standing on any median island.

For purposes of this Division, the following definitions apply:

“Curfew hours” means the period from 11:00 p.m. any evening of the week, until 5:00 a.m. the following day.

“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life. “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

“Establishment” means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

“Guardian” means (1) a person who, under court order, is the guardian of a minor, or (2) a public or private agency with whom a minor has been placed by the court, or (3) a person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

“Minor” means any person under eighteen (18) years of age.

“Parent” means a person who is a natural parent, adoptive parent, or step-parent of a minor.

“Public place” means any place to which the public has access and includes, but is not limited to, streets, roads, alleys, trails, sidewalks, parks, recreational areas, public grounds or buildings, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

“Responsible adult” means a person at least eighteen (18) years of age, authorized by a parent or guardian to have the care and custody of a minor. (Ord. 3472 § 9, 2012)

a.It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Monterey during curfew hours.

b.It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City of Monterey during curfew hours.

c.It is a defense to prosecution under subsection (a) or (b) of this section that the minor was:

1.Accompanied by the minor’s parent or guardian, or by a responsible adult;

2.On an errand at the direction of the minor’s parent or guardian, or the responsible adult, without any detour or stop;

3.In a motor vehicle involved in interstate travel;

4.Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

5.Involved in an emergency;

6.On the sidewalk abutting the minor’s residence;

7.Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Monterey, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Monterey, a civic organization, or another similar entity that takes responsibility for the minor;

8.Exercising First Amendment rights protected by the United States Constitution, or going to or returning home from, without any detour or stop, the exercising of those First Amendment rights;

9.Traveling from an activity listed in subsection (c) of this section to another activity listed in subsection (c) of this section, without any detour or stop; or

10.Emancipated pursuant to law.

d.Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under subsection (c) of this section is present or applicable.

e.Each violation of this section shall constitute a separate offense. (Ord. 3472 § 9, 2012)

Any person violating the provisions of Section 22-6 may be charged with a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure. (Ord. 3472 § 9, 2012)

No person shall willfully or designedly give, assist in giving, countenance or request or cause to be given, any false alarm of fire in any manner; provided, that this section shall not apply to members of the Fire Department in making tests or repairs under the direction of proper authorities.

a. Definitions.For the purposes of this chapter, the words listed in this section are defined as follows:

1.“Commercial garage sale”:

A.Occurs more than four times in 12 consecutive months at the same residential property and conducted by the same occupants; or

B.Operates for more than two consecutive days; or

C.Operates earlier than 7:00 a.m. or later than 7:00 p.m.

2.“Garage sale” means the display and sale of personal property or goods belonging to an individual or group of individuals to the general public, but not necessarily limited to sales or offerings of household items. “Garage sale” shall be broadly construed to include such similar terms as yard sale, lawn sale, moving sale, patio sale, trunk sale, closet sale, rummage sale, occasional sale, household sale, or other terms with like meaning.

3.“Estate sale” means the sale to the public of the personal property or goods of an individual who has died within the past 24 months, or six months after the closing of probate of the estate, whichever occurs sooner.

b. Regulation of Garage Sales.

1.It shall be unlawful to conduct any garage sale in violation of this or any other applicable law or regulation.

2.No commercial garage sale is permitted in any residential zone.

c. Exemptions.Estate sales shall be exempt from the provisions of this section.

d. Penalties.Every person who violates any provisions of this section shall be subject to administrative citations under Sections 1-2.00 through 1-2.13, which is in addition to all other civil remedies that may be pursued by the City to address any violations of this code. (Ord. 3538 § 3, 2016)

No person, either as owner, principal agent, employee, licensee, lessee, mortgagee or in any other capacity, shall operate any card table or card tables in any store, bar, restaurant, public poolroom, public billiard room, cigar stand or any place of business, or in any room or place adjoining and connected with the same, within the City.

No person, either as owner, principal, agent, employee, licensee, lessee, mortgagee or in any other capacity, shall maintain or conduct or aid in maintaining and conducting any card table, gambling contrivance or card game for the use of which any fee or compensation is charged any player.

This Section is not intended nor shall it be construed to prohibit any act prohibited by Chapter 10, Title 9, Part 1 (commencing with Section 330) of the Penal Code of the state.

No person shall operate any bicycle, skateboard, skates, in-line skates, or other similar self-propelled vehicles on the Recreation Trail in a reckless manner.

For purposes of this section, “reckless” shall mean operation of a vehicle in willful or wanton disregard for the safety of persons or property, and specifically includes, but is not limited to, the following specific conduct:

a.Operation at a speed greater than reasonable or prudent having due regard for weather, visibility, pedestrian and vehicular traffic on or crossing the trail, and condition of the vehicle;

b.Operation on the trail in such a manner as to result in loss of control of the vehicle;

c.Operation in such a manner as to result in a collision or accident involving any vehicle, property or pedestrian.

d.Operation when the operator is under the influence of any alcoholic beverage or drug as those terms are defined in CA Vehicle Code Section 23152; or

e.Operation in such a manner as to endanger life, limb, or property of any person.

Skateboarding is prohibited on certain sections of the Recreation Trail.

a.No person shall ride or propel a skateboard on the Recreation Trail between the head of Municipal Wharf No. 1 and the City limit with Pacific Grove.

Prohibition of urination or defecation in public places, places open to public view, or on private property without consent of the owner.

a.It is unlawful for any person over the age of ten (10) years to willfully and knowingly urinate or defecate in a public place other than a restroom or in a place open to public view, or upon the private property of another without consent of the owner.

Whenever two or more persons gather together in such a manner as to obstruct the free passage of any street, sidewalk, alley, public way or place used by members of the public to go from place to place, such persons shall move on or disperse when ordered to do so by a police officer. No person shall refuse or fail to disperse or move on when directed to do so by a police officer.

No person shall stand, sit, linger, idle or loiter on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any business establishment, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way, or obstruct or hinder persons entering and exiting from any business establishment.

For the purpose of this section, “business establishment” shall mean any retail store, food market, theater, restaurant, drive-in restaurant, gasoline service station, bar, hotel, motel or any other establishment which is open to and provides the public with any goods or services.

No person shall post, paste or paint any sign or notice of any kind whatsoever on any telegraph, telephone or power line pole, standing or erected on any street in the City; provided, that this section shall not apply to notices or signs painted on such poles by the person owning the same for the purposes of warning or identification.

a.No person while carrying concealed upon his person any dangerous or deadly weapon, shall loaf or loiter upon any public street, sidewalk or alley, or wander about from place to place, with no lawful business thereby to perform, or hide, lurk or loiter upon or about the premises of another.

b.No person who has concealed upon his person, or who has in his immediate physical possession, any dangerous or deadly weapon shall engage in any fight, or participate in any rough or disorderly conduct, upon any public place or way, or upon the premises of another.

c.No person who has concealed upon his person any dangerous or deadly weapon shall loiter about any place where intoxicating liquors are sold, or any other place of public resort.

d.The restrictions of this Section shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business, or for the purpose of legitimate recreation.

e.As used in this Section, but in nowise limited thereto, “dangerous or deadly weapon” shall mean any knife with a blade three inches or more in length; any spring-blade, switch-blade or snap-blade knife, or other similar type knife; any knife having a blade which is automatically released by a spring mechanism or other mechanical device; any ice pick or a similar sharp, stabbing tool; any straight edge razor, or any razor blade fitted to a handle; any cutting, stabbing, bludgeoning weapon; or any device capable of inflicting grievous bodily harm.

No person shall sell, offer for sale, expose for sale, keep, carry, possess, loan, transfer or give to any other person any spring-blade, switch-blade or snap-blade knives, or similar type knives, or any knife of which the blade is automatically released by a spring mechanism or other mechanical device.

No person shall shoot, fire or discharge any pistol, revolver, rifle, cannon or other firearms or devices fired or discharged by explosives, or any air gun or air pistol, or spring gun or spring pistol, or any bow and arrow, not in necessary self-defense or in the performance of official duty, within the City, without first having obtained a written permit from the Chief of Police or other officer designated by him. The Chief of Police shall issue to shoot or discharge any such pistol, revolver, rifle, cannon or other firearms or devices fired or discharged by explosives, or any such air gun or air pistol, or spring gun or spring pistol, or bow and arrow, only when he finds that the proposed use thereof will not endanger life or property. The Chief of Police may issue such written permit subject to such reasonable conditions as he finds will reduce or eliminate hazard to life or property.

No person shall shoot or discharge any such pistol, revolver, rifle, cannon or other firearms or devices fired or discharged by explosives, or any air gun or air pistol, or spring gun or spring pistol, or bow and arrow, contrary to the provisions of this Section or contrary to the conditions of such written permit. The person shall have upon his person such permit when exercising the privileges granted in this Section.

Nothing contained in this Section shall apply to or prevent the firing of salutes for men of war or other steamships or sailing vessels on Monterey Bay nor to the firing of guns under the authority of the United States or of the state, nor to shooting galleries or target ranges.

a. Legislative authorization.This Section is adopted pursuant to Section 318.5 and 318.6 of the California Penal Code. All words used in this Section which are also used in such Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in Sections 318.5 and 318.6 of the California Penal Code.

b. Prohibition against display of female breasts.Every female person is guilty of a misdemeanor who, while participating in any live act, demonstration or exhibition in any public place, place open to the public, or place open to public view or while serving food or drink or both to any customer:

1.Exposes any portion of her breast or breasts or below the areola thereof.

2.Employs any device or covering which is intended to simulate such portion of the breast or breasts.

3.Wears any type of clothing so that any such portion of the breast or breasts may be seen or observed.

c. Prohibition against display of private parts.Every person is guilty of a misdemeanor who:

1.Exposes his or her private parts, buttocks, genitals, pubic hair, natal cleft or perineum or employs any device which though covering such parts is intended to simulate the same while participating in any live act, demonstration or exhibition in any public place, place open to the public, or place open to public view or while serving food or drink or both to any customer.

d.Permitting, procuring or assisting any person in violating subsection (b) and (c).

Any person who employs, procures, permits or assists any person to engage in conduct prohibited by subsections (b) or (c) of this Section is guilty of a misdemeanor.

e. Exceptions.The provisions of this Section shall not apply to:

1.A theater, concert hall or other similar establishment which is primarily devoted to theatrical performances.

2.Any act authorized or prohibited by any statute of the State.

It shall be unlawful for any person to smoke or possess any lighted substance aboard any transit bus in revenue service within the City.

Transit bus shall mean any vehicle designed to carry 15 or more passengers, transporting the general public in urban, suburban or interurban service. Excluded are intercity passenger stage corporations regulated by the Public Utilities Commission, and charter operations which are not available to the general public.

Revenue service shall mean that period of time when the vehicle is in operation for the purpose of transportation of passengers and that period of time when parked at terminal points prior to departure.

It shall be unlawful to place, deposit, leave or throw any refuse on any transit bus in revenue service except in designated containers within such bus.

a. Definitions.The following words and phrases, whenever used in this section, shall be construed as defined in this section:

1.“Beach” means any sand area of a public park within the City of Monterey that abuts the Monterey Bay and extends to the Recreation Trail.

2.“Electronic smoking device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any such device that is manufactured, distributed, marketed, or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah or by any other product name or descriptor. “Electronic cigarette” does not include any inhaler prescribed by a licensed physician.

3.“Employment” shall be defined as in California Labor Code Section 6303(b).

4.“Enclosed” means closed in by a roof and four (4) walls with appropriate openings for ingress and egress.

5.“Place of employment” is any place where employment is carried on.

6.“Open to the public” means any area to which the public is invited or in which the public is permitted, including, but not limited to, common areas within hotels and motels, pharmacies, banks and other financial institutions, offices, gymnasiums, health spas, swimming pools, roller and ice rinks, bowling alleys, sports pavilions, boxing arenas, restaurants, bars, aquariums, museums, galleries and retail stores.

7.“Recreation Trail” means the paved bicycle and pedestrian path which extends from the Monterey Bay Aquarium to the City of Seaside’s limits.

8.“Smoke” or “smoking” means inhaling, exhaling, burning, carrying, or possessing any lighted, heated, or ignited pipe, cigar, cigarette, cigarillo, hookah, electronic smoking device, or any plant product intended for human inhalation, or any other similar combustible substance in any manner or in any form.

9.“Service area” means any outdoor area in which one (1) or more persons are waiting for or receiving service of any kind, including, but not limited to, automatic teller machines (ATMs), ticket lines, bus stops, and boarding and waiting areas of public transit depots.

b.Smoking is prohibited in the following places located within the City of Monterey except as provided in subsection (c) of this section:

1.Beaches.

2.The Recreation Trail.

3.Buildings. All enclosed areas of buildings which are open to the public.

4.Covered public parking lots and parking areas, including stairwells.

5.Buses, taxicabs, shuttles, and other means of public transportation operating in the City of Monterey.

6.Service areas.

7.City-owned vehicles.

8.Where any person or entity that either owns or exercises management and control over the property and has declared the area, where smoking would otherwise be allowed, to be a nonsmoking area and posts “No Smoking” signs as described in subsection (d) of this section.

9.Enclosed places of employment.

10.Municipal Wharf I (Old Fisherman’s Wharf).

11.Municipal Wharf II.

c. Exceptions.Smoking may be permitted in the following locations unless otherwise prohibited by State law:

1.Theatrical production sites, if smoking is an integral part of the story in the theatrical production.

2.Patient smoking areas in long-term health care facilities, as defined in California Health and Safety Code Section 1418.

3.Medical research or treatment sites, if smoking is integral to the research and treatment being conducted.

4.Sixty-five percent (65%) of hotel and motel guest rooms per California Labor Code Section 6404.5(d)(1).

5.Private residences, except for those licensed as family day care homes during hours of operation and in those areas where children are present.

d. Posting of Signs.

1.“No Smoking” signs shall be clearly and conspicuously posted in every building or other place where smoking is regulated by this chapter by the owner, operator, a manager or other person having control of such place where smoking is regulated by this section.

e. Penalties for Violation.

1.No person shall smoke where smoking is prohibited by this section.

2.It shall be unlawful for any person who owns, manages, operates, or otherwise controls the use of any place subject to the restrictions and regulations of this section to permit or allow smoking in violation of this section.

3.To the extent that subsection (b)(9) of this section is duplicative of Labor Code Section 6404.5, any enforcement shall be pursuant to the Labor Code. To the extent that subsection (b)(9) of this section is not duplicative of Labor Code Section 6404.5, it shall be enforced pursuant to Section 1-1.06.

4.Any person smoking where smoking is prohibited by this section shall constitute a public nuisance.

5.Causing, permitting, aiding, abetting, or concealing a violation of any provision of this section shall also constitute a violation. (Ord. 3530 §§ 3 – 5, 2015; Ord. 3487 § 2, 2013; Ord. 3442, 2010)

No person shall change clothes in any public restroom facility identified by the City Council as inappropriate for such activity, and which is appropriately signed.

No person shall bring any scuba diving equipment under his or her possession or control into any public restroom facility designated by the City Council as inappropriate for such equipment, and which is appropriately signed. The term scuba diving equipment shall include masks, swimfins, air tanks and regulators, weight belts, knives, wetsuits and similar equipment used for underwater diving activity. The provisions of this paragraph notwithstanding, a wetsuit worn by an individual and which is not wet, dirty, or covered with sand may be worn in restrooms while the person is utilizing the facilities in an otherwise lawful manner.