Mountain View Municipal Code § 21.31 Repealed by Ord. No. 6.97, 4/29/97

Editor's note— Ord. No. 5.17, § 4, adopted October 24, 2017, repealed § 21.1, which pertained to loitering in medians and derived from the Code of 1938, § 472; and Ord. No. 6.97, adopted April 29, 1997.

No person shall camp, lodge or tarry overnight in any vacant lot or in any place where hay or straw is stored, or in any building within the city unless the permission of the owner or occupant of the premises first be obtained.

(Code 1938, Sec. 472.)

No minor person under the age of eighteen (18) years shall loiter or remain upon or about the public streets, avenues, alleys, parks, squares, or any public place between the hours of 10:00 p.m. and the time of sunrise of the following morning, when not accompanied by his parent, legal guardian or other person having the care, control and custody thereof, except:

a. Where the presence of the minor in such place or places is connected with some business, amusement, worship or other lawful activity in which he is engaged; or

b. Where such minor is actually proceeding to or from any place of business, amusement, worship, or other lawful activity.

(Ord. No. 175.462, 4/15/58.)

* As to minors in poolrooms and billiard rooms generally, see Sec. 26.15 to 26.18.

No parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen (18) years shall allow or permit such person to violate any provision of Sec. 21.3 to 21.8.

When any such minor is found violating any of the provisions of Sec. 21.3 to 21.8, a presumption shall arise that the parent, guardian or other person having the care and custody of such minor allowed, permitted, assisted, aided, abetted and encouraged such minor in such violation.

(Ord. No. 175.462, 4/15/58.)

No person shall assist, aid, abet or encourage any minor under the age of eighteen (18) years to violate any provision of Sec. 21.3 to 21.8.

(Ord. No. 175.462, 4/15/58.)

No proprietor, keeper, clerk, or any other person having charge or control of any cafe, tavern, restaurant, bar, eating place, drive-in restaurant, bowling alley, or public dance hall, shall permit any person under the age of eighteen (18) years to loiter in or at such public place between the hours of 10:00 p.m. and sunrise immediately following unless such person is accompanied by a parent, guardian, or other person, having the care, control and custody of such minor.

(Ord. No. 175.462, 4/15/58.)

Each owner, agent, manager or keeper of a hotel, boarding house, lodging house, tenement house, motor court, or apartment house shall immediately report to the police department of the city the presence therein between the hours of 10:00 p.m. and sunrise immediately following, of any and all minors under the age of eighteen (18) years, unless such minor or minors is or are accompanied by the parent, guardian, or other person having the care and custody of such minor or minors, and in making such report shall state to the police department the name, age, last-known place of abode, and the names and residences of the parents, guardian, or other custodian of such minor or minors, so far as such information can be ascertained from the minor or minors or otherwise.

(Ord. No. 175.462, 4/15/58.)

Whenever any minor is arrested for violation of any provisions of Sec. 21.3 to 21.7, he shall be taken forthwith to the county juvenile home and the arresting officer shall immediately advise those in charge of the institution the reason for the arrest of the minor, together with complete details of the circumstances surrounding the arrest.

(Ord. No. 175.462, 4/15/58.)

No person who has upon his person or within his immediate physical possession or control, whether the same be visible or concealed, any switch-blade knife, as defined in Sec. 21.36, any knife with a blade three (3) inches or more in length, any ice pick, awl, dirk, dagger, stiletto, or similar sharp stabbing tool, any straight-edged razor, razor blade fitted to a handle, razor with an unguarded blade, or any cutting, stabbing or bludgeoning weapon or device intended to be used as a club or capable of inflicting grievous bodily harm, shall loaf or loiter upon any public street, way, sidewalk, alley, or at any athletic event, dance or other such gathering to which the public, or a number thereof, are admitted, or in or about a public park, beach, other recreational area, school, or any other public building or place, or to wander about from place to place with no lawful business thereby to perform or to hide, lurk, or loiter upon or about the premises of another.

(Ord. No. 175.446, 12/9/57.)

No person who has upon his person or within his immediate physical possession or control, whether the same be visible or concealed, any switch-blade knife, or dangerous or deadly weapon, as described in Sec. 21.9 shall engage in any fight or to participate in any riot, uprising, or other type of disorderly conduct upon the premises of another or upon any public street, way, sidewalk, alley or in or about a public park, beach, or other recreational area, school, any other public building or place, or at any athletic event, dance, or other such gathering to which the public, or a number thereof, are admitted.

(Ord. No. 175.446, 12/9/57.)

It shall be unlawful for anyone who has upon his person or within his immediate physical possession or control any switch-blade knife, or dangerous or deadly weapon, as described in Sec. 21.9 to loiter about any place where alcoholic beverages are sold or any other place of public resort.

(Ord. No. 175.446, 12/9/57.)

The restrictions provided in Sec. 21.9 to 21.11 shall not be deemed to prohibit the possession or control of ordinary tools or equipment carried in good faith for the purpose of honest work, trade or business, or for use in a legitimate sport or recreation.

(Ord. No. 175.446, 12/9/57.)

No person shall discharge within the city any cannon, anvil or firearm of any kind, or any air gun or other instrument which throws or projects bullets or missiles of any kind, to any distance, by means of the elastic force of air or any explosive substance, and no person shall make, use or have in his possession within the city any sling shot or other instrument or device by which missiles of any kind may be hurled or projected, or to use same in any manner to the danger of the injury of any property.

Nothing in this section shall prohibit any person from discharging a weapon, firearm or instrument which throws or projects bullets or missiles of any kind under the following circumstances:

1. The lawful use of force by peace officers or soldiers in the performance of their official duties;

2. Reasonable self-defense or defense of another person as permitted by law;

3. The discharge of weapons at a shooting range in the city for which all necessary licenses, permits and approvals have been obtained, when the shooting range is operated in accordance with law;

4. The firing of air guns, such as BB guns or pellet guns, when fired indoors for marksmanship training under adult supervision when there is no danger to others;

5. The shooting of arrows for marksmanship training under adult supervision when there is no danger to others, so long as such shooting does not include hunting arrows or crossbows;

6. Other discharges of a weapon, firearm or instrument which throws or projects bullets or missiles of any kind when expressly authorized by the city council or state or federal law.

(Code 1938, Sec. 479; Ord. No. 3.96, 4/9/96.)

No person shall deposit or leave upon any yard, lawn, doorstep or porch in the city, any patent medicine, drug, or medicament of any description.

(Code 1938, Sec. 650.)

* As to distributing handbills on premises without owner's consent, see Sec. 3.6 of this code.

a. No person shall obstruct, place an obstacle or otherwise interfere with free and unfettered access to a sidewalk, ramp, wheelchair ramp or other improvement designed to assist the mobility impaired.

b. No person shall obstruct, impede or place any obstacle on a public or private sidewalk which interferes with or obstructs a thirty-six (36) inch wide path of travel.

(Ord. No. 1.04, 1/13/04.)

No person knowingly shall report or cause to be reported to the police department any false or fictitious request for protection or assistance, or any false or fictitious information indicating that a crime has been or is about to be committed, or to knowingly cause the police department to respond to any such false or fictitious report, or to request any assistance or investigation in connection with or as a result of such false or fictitious report, or false or fictitious information.

(Ord. No. 175.402, 12/10/56.)

a. No person shall own or operate on any property any stationary equipment, such as, but not limited to, air compressors, equipment for swimming pools, spas, or air conditioners, which produces a sound level exceeding 55 dB(A) (50 dB(A) during the night, 10 p.m. to 7 a.m.) when measured at any location on any receiving residentially used property, said measurement to utilize a sound level meter equal to or better than an ANSI Standard S 1.4-1971 Type 2 noise level meter.

b. Any plans submitted for building, plumbing, electrical or mechanical/heating permit for any stationary equipment shall be accompanied by documentation of the equipment noise level when available and by noise mitigating devices or buffers appropriate to achieve the above noise limit. Initial granting of a permit for such equipment shall not affect the obligation of each person owning or operating such equipment for continued compliance with these noise level requirements.

c. Operation of any equipment, as specified in this section, above the 55 dB(A) limit (50 dB(A) nighttime), may occur only if the owner or operator has obtained a conditional use permit. A permit to operate equipment which exceeds the limit may be granted by the zoning administrator only if it has been demonstrated that such operation will not be detrimental to the health, safety, peace, morals, comfort or general welfare of residents subjected to such noise. The manner of obtaining said permit and the rules governing its issuance and revocation shall be as specified in Mountain View City Code Sec. 36.43 and following, all relating to the issuance of conditional use permits.

(Ord. No. 11.81, 8/31/81.)

a. Definitions. For the purposes of this section only, the following words are defined as follows:

1. "Employment" shall mean and include services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written, oral, express or implied.

2. "Solicit" shall mean and include any request, offer, enticement or action which announces the availability for or of employment, the sale of goods or a request for money, food or other item of value; or any request, offer, enticement or action which seeks to purchase or secure goods or employment, or to make a contribution of money or other property. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction completed or an exchange of money takes place.

b. [Soliciting.] No person shall solicit or attempt to solicit any person entering or exiting any vehicle, so as to impede that person's movement, when such vehicle is located within a public street, private driveway leading to a public street, public or private parking lot or structure.

c. Violations. Violations of subsection b. shall be charged as infractions.

(Ord. No. 6.97, 4/29/97; Ord. No. 13.00, 6/27/00; Ord. No. 2.02, 2/12/02; Ord. No. 5.17, § 5, 10/24/17.)

No person shall pluck flowers from any grass plot, garden or flower bed in any park, public square, or street of the city.

(Code 1938, Sec. 501.)

No person shall lie or sleep upon any of the benches, seats, or grass plots in any park or public square or street of the city.

(Code 1938, Sec. 501.)

No person shall operate or cause to be operated for commercial advertising purposes in the city any sound truck with sound-amplifying system, defined herein as follows:

Sound-amplifying equipment. The words "sound-amplifying equipment" shall mean any machine or device for the amplification of the human voice, music or any other sound. "Sound-amplifying equipment" shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.

Sound truck. The words "sound truck" shall mean any vehicle, having mounted thereon, or attached thereto, any sound-amplifying equipment.

(Ord. No. 175.149, 12/12/51.)

* As to use of sound devices in advertising generally, see Sec. 3.17, 3.18 of this code.

No person shall discharge mucus from the nose or mouth, or spit, upon any sidewalk, or in or on any public building, stage, taxicab, bus, or other vehicle used for transportation of the public, or in any place of business wherein food or clothing is sold.

(Code 1938, Sec. 651.)

No person driving or in charge of a motor vehicle, except a commercial motor vehicle, shall allow it to stand unattended on any highway, public street, or any other public place, or on a parking lot open to the public use, without first stopping the engine, locking the ignition and removing the ignition key from the vehicle. The registered owner of a vehicle found in violation of this section shall be held prima facie responsible for any such vehicle. Violation of this section shall not mitigate the offense of theft of such motor vehicle, nor shall this section or any violation thereof be admissible as evidence affecting recovery in any civil action for theft of such motor vehicle, or the insurance thereon, or have any other bearing in any civil action.

(Ord. No. 15.72, 5/22/72.)

The city council does hereby find that there exists in this city an increasing trend toward nude and semi-nude acts, exhibitions and entertainment, and of undress by female employees of food, drink and like establishments serving the public, and that such acts and such competitive commercial exploitation of nudity is adverse to the public peace, morals and good order; and that it is in the best interest of the public safety and convenience of this city to restrict such nudity, and the commercial promotion and exploitation thereof, as hereinafter set forth.

All words used in these City Code sections which are also used in Sections 318.5 and 318.6 of the Penal Code 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 Penal Code.

(Ord. No. 22.73, 7/30/73.)

As used in Sec. 21.42 through 21.45 inclusive, and in Sections 318.5 and 318.6 of the Penal Code, the phrase "theater, concert hall, or other similar establishment which is primarily devoted to theatrical performances" shall mean a building, playhouse, room, hall or other place having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, upon which theatrical or vaudeville performances or similar forms of artistic expression are presented, and where such performances are not incidental to the promoting of the sale of food, drink or other merchandise, and for which a city license for a theater is in full force and effect. This definition does not supersede the provisions of Sec. 21.40 of this code.

(Ord. No. 22.73, 7/30/73.)

Every female 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;

a. Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line, or

b. Employs any device or covering, which is intended to simulate such portions of the breast, or

c. Wears any type of clothing so that any portion of such part of the breast may be observed.

(Ord. No. 22.73, 7/30/73.)

Every person is guilty of a misdemeanor who exposes his or her private parts or buttocks, or employs any device or covering which is intended to simulate the private parts or pubic hair of such person, 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.

(Ord. No. 22.73, 7/30/73.)

Every person is guilty of a misdemeanor who permits, procures, counsels, or assists any person to violate any provision of Sec. 21.42 or 21.43 of this code.

(Ord. No. 22.73, 7/30/73.)

Sec. 21.42 through 21.44 inclusive of this code do not apply to:

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

b. Any act authorized or prohibited by any state statute.

(Ord. No. 22.73, 7/30/73.)