Needles Municipal Code Art. 14 I In General

14-1 Assemblies -- Disturbing 14-2 Castor Bean Plants 14-3 Juvenile Loitering And Curfew Violations 14-4 Disorderly Houses 14-5 Unlawful Noise 14-6 Drinking In Public 14-7 Repealed By Ordinance No 79-AC 14-8 Policemen And Firemen--Duty To Render Aid And Assistance To Persons And Animals 14-9 Urination And Defecation 14-10 Spitting 14-11 Throwing Stones, Etc., At Persons, Property, Etc. 14-12 Repealed By Ordinance No 383-AC 14-13 Repealed By Ordinance No 383-AC 14-14 Repealed By Ordinance No 383-AC 14-15 Discharge Of Firearms 14-16 Theft Of Electricity--Injuring Or Altering Meter--Violation 14-17 False Alarms 14-18 Piling Or Placing Material On Highway 14-19 Jumping Or Throwing Objects From Overpass, Bridge Or Viaduct Prohibited 14-20 Feeding Pigeons

14-1 Assemblies -- Disturbing

No person shall willfully, by any improper noise or behavior, disturb or interfere with any place in which public or private schools are held, or shall by any rude or indecent behavior or profane discourse disquiet or disturb the solemnity of any congregation or assembly met for religious worship within the city. (Ord. 1913)

14-2 Castor Bean Plants

It shall be unlawful for any person to grow on any lot, land or premises owned by him or under his control any plant known as “Castor Beans (Recimus Communis)” in such a manner as to constitute a nuisance or menace to health. The presence of such a growing plant (Recimus Communis) on any such premises shall be presumed to be a nuisance or menace to health. Such plants shall be removed by notice, in writing, by the chief of police or health officer, and failure to remove or destroy such plants within thirty days shall be violation of this Code. (Ord. No. 374 N.S.)

14-3 Juvenile Loitering And Curfew Violations

1. Legislative Purpose. The City Council of the City of Needles finds and declares that the provisions of this chapter are enacted for the following reasons: 1. The Needles community suffers a loss when a minor of our community is not attending school. The minor loses educational opportunities and the school’s financial resources are reduced.
   2. The restlessness of truant minors often leads to criminal activity.
   3. It has been shown that comprehensive programs established as a low-cost alternative to the juvenile justice system can result in a reduction of juvenile crime and return truant minors to school.
   4. To encourage minors to take advantage of educational opportunities, to reduce the incident of daytime juvenile crime, the City Council of the City of Needles establishes this program to keep minors in school and out of the juvenile justice system.
2. Definitions. For purposes of this chapter, the following definitions shall apply:

“Minor” is an unemancipated person under the age of eighteen.

“Parent” is any person having legal custody of a minor (1) as a natural or adoptive parent, (2) as a legal guardian, (3) as a person who stands in loco parentis, or (4) as a person to whom legal or physical custody has been given by court order.

“Public place” means any place to which the public or a substantial group of persons have access and includes, but is not limited to, common areas of schools,

shopping centers, parking lots, parks, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades, and similar areas that are open to the use of the public.

“Public street” means a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk for pedestrian travel.

“Street” includes, but is not limited to, alleys, the cartway of traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street. 3. Daytime Loitering by Minors Prohibited. 1. It is unlawful for any minor who is subject to compulsory education or compulsory continuing education to loiter, wander, or in any other manner be in or upon the public streets or any public place, during the hours in which classes are held at the school, public or private, which the minor is or should be currently enrolled in, and/or required to attend. This section shall also apply to minors whose enrollment status is that of suspension, expulsion, or transfers in progress. 2. The prohibition herein shall not apply whenever: 1. The minor is accompanied by his or her parent; or 2. The minor is accompanied by an adult authorized by his or her parent, for a designated period of time and purpose within a specified area; or 3. The minor is on an emergency errand directed by his or her parent; or 4. The minor is traveling directly to or from a medical appointment or place of gainful employment; or 5. The minor has permission to leave the school campus for lunch or a school-related activity and has in his or her possession a valid, school-issued, permit to leave the school campus for a designated period of time and purpose within a designated area; or 6. The minor is enrolled in an alternative education, home school, or other such program of study and possesses verifiable permission from the officials of such alternative education program, school, or his or her parents to be absent from the premises during established school hours; or 7. The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, provided the minor or the minor’s parent has first delivered to the Chief of Police, or the Chief’s designee, a written communication, signed by the minor and counter-signed by a parent of the minor with their home address and telephone number, specifying when, where and in what manner the minor will be in a public place during hours when this ordinance is applicable to said minor in the exercise of a First Amendment right specified in such communication; or 8. The minor is, with parental consent, engaged in normal interstate travel through the city or originating or terminating in the city. 4. Curfew Loitering by Minors Prohibited. 1. It shall be unlawful for any minor to loiter, idle, wander, or in any other manner be in or upon the public streets, or any other public place between the hours of 10:00 PM and sunrise the following day. 2. The prohibition herein shall not apply whenever: 1. The minor is accompanied by his or her parent; or 2. The minor is accompanied by an adult authorized by his or her parent, for a designated period of time and purpose within a specified area; or 3. The minor is on an emergency errand directed by his or her parent; or 4. The minor is traveling directly to or from a medical appointment or place of gainful employment; or 5. The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, provided the minor or the minor’s parents has first delivered to the Chief of Police, or the Chief’s designee, a written communication, signed by the minor and counter-signed by a parent of the minor with their home address and telephone number, specifying when, where and in what manner the minor will be in a public place during hours when this ordinance is applicable to said minor in the exercise of a First Amendment right specified in such communication; or 6. The minor is in his or her residence or sidewalk thereof, and the adult owner or resident of that property has given permission for the minor to be there; or 7. The minor is returning home by a direct route (without any unnecessary detour or stop) from and within one (1) hour of termination of a school activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event; or 8. The minor is, with parental consent, engaged in normal interstate travel through the city or originating or terminating in the city. 5. Parental Obligations. It shall be unlawful for a parent having custody of a minor to permit, or by ineffective control, to allow the minor to remain in any public street or any public place in violation of this section. It is the intent of the City Council by this section to impose strict liability on parents for acts in violation of this chapter of minors within their custody. 6. Infractions and Penalties. 1. Notwithstanding any other provision of this Code, each violation of this chapter shall constitute a separate offense. 2. When a minor is charged with a violation of this chapter, and any peace officer issues a notice to appear in a juvenile traffic court of competent jurisdiction to such minor as a result thereof, the charge shall be deemed to be an infraction unless the minor requests that a petition be filed under Section 601 or 602 or the Welfare and Institutions

te offense. 2. When a minor is charged with a violation of this chapter, and any peace officer issues a notice to appear in a juvenile traffic court of competent jurisdiction to such minor as a result thereof, the charge shall be deemed to be an infraction unless the minor requests that a petition be filed under Section 601 or 602 or the Welfare and Institutions Code. 3. Any person convicted of violating this chapter shall be assessed a civil penalty of twenty-five dollars ($25.00) for the first citation. A fifty-dollar penalty shall be assessed for a second citation for the same violation(s) and a one-hundred dollar ($100.00) civil penalty shall be assessed for a third citation for the same violation(s) and each additional citation for the same violation(s). 7. Detention of Minor. Law enforcement officers are authorized to temporarily detain any minor upon a reasonable suspicion based on articulable facts that the minor is in violation of this section and to transport that minor to his or her school or place of permanent or temporary residence or to the custody of his or her parents. 8. Notice and Evaluation. 1. The City Clerk shall notify the public of the adoption of this chapter by posting notices thereof in public places likely to notify the public, by issuing news releases to the local newspapers and radio and television stations. The Chief of Police, or the Chief’s designee, shall make public presentations and notify the principals of the schools serving children from the City of Needles. 2. The City Council shall evaluate and update this chapter by requesting semi-annual reports from the Chief of Police regarding the enforcement and effectiveness of this chapter. (Ord. No. 279 N.S. § 1; Ord. No. 36-AC; Ord. No. 137-AC; Ord. No. 383-AC (part); Ord. No. 456-AC (part).)

As to presence of minors at public dances, see § 3-3 of this Code. As to minors under eighteen in pool rooms, see § 3-4.

HISTORY Amended by Ord. 383-AC on 7/6/1993

Amended by Ord. 456-AC on 4/24/2001 14-4 Disorderly Houses

No person shall keep or carry on any disorderly house, or any house, apartment or tenement for the purpose of assignation and prostitution, or any house of public resort by which the peace, comfort or decency of the immediate neighborhood is habitually disturbed; or to keep an inn in a disorderly manner within the city. No person shall reside in, visit or frequent any house, inn, apartment or tenement within the city, of the character kept or carried on for the purpose set forth in this section. (Ord. 1913)

14-5 Unlawful Noise

It is unlawful for any person to make, continue or cause to be continued any loud, unnecessary and excessive noise which disturbs, offends, injures or endangers the peace, quiet, comfort, repose, health or safety of any neighborhood or person within the limits of the city. (Ord. No. 383-AC, (part).)

For state law as to disturbing the peace, see Pen. C., § 415.

14-6 Drinking In Public

No person shall drink or consume any alcoholic beverage on any public street or alley, public sidewalk, public or private parking lot open to general public, public restroom, public beach, vacant lot, public park, or on any beach, or unless an exception exists. (Refer to Section 15-A6). (Ord. No. 383-AC (part).)

14-7 Repealed By Ordinance No 79-AC

14-8 Policemen And Firemen--Duty To Render Aid And Assistance To Persons And Animals

In addition to the performance of their regular and ordinary duties, it shall be the duty of all policemen and firemen, at all times and under all circumstances, to go to the aid of all persons or animals in distress or danger and render them such help and assistance as lies within their power. In case any policeman or fireman should be injured while rendering such additional service, he shall be deemed to be injured in the course of his employment and shall be entitled to workmen’s compensation therefor as provided by law. (Ord. No. 146 N.S.)

14-9 Urination And Defecation

No person shall urinate or defecate on private property in an area exposed to the public view or on any public street, sidewalk, alley, park, bench or other public place, except in a public restroom. (Ord. No. 383-AC (part).)

14-10 Spitting

It shall be unlawful for any person to expectorate upon any part of any public vehicle, or upon any part of any public building, or upon any part of any sidewalk, crosswalk or square within the city. (Ord. 1913)

For state law as to spitting in public places, see Pen. C., § 372a.

14-11 Throwing Stones, Etc., At Persons, Property, Etc.

No person shall throw any stone or other missile upon or at any building, tree or other public or private property, or upon any person or at any public places within the city. (Ord. 1913)

14-12 Repealed By Ordinance No 383-AC

14-13 Repealed By Ordinance No 383-AC

14-14 Repealed By Ordinance No 383-AC

14-15 Discharge Of Firearms

1. Defined. As used in this section, “firearm” means any instrument used in the propulsion of shot, shell or bullets by the action of air or gunpowder exploded within it, including, but not limited to, the following: gun, shotgun, rifle, pistol, revolver, air gun and air rifle.

14-16 Theft Of Electricity--Injuring Or Altering Meter--Violation

1. Every person who shall willfully, and knowingly with intent to injure or defraud, make or cause to be made any connection in any manner whatsoever with any electric wire or electric appliance of any character whatsoever operated by any person, persons or corporation authorized to generate, transmit and sell electric current, or who shall so willfully and knowingly with intent to injure or defraud, use or cause to be used any such connection in such manner as to supply any electric current for heat or light or power to any electric lamp, or apparatus or device, by or at which electric current for heat or light or power is consumed or otherwise used or wasted, without passing through a meter for the measuring and registering of the quantity passing through such a electric wire or apparatus, or who shall knowingly and with like intent injure, alter or procure to be injured, or use or cause to be used any electric meter, or appliance so tampered with or injured, shall be deemed in violation of this code.
   2. Violation. 1. When the city has discovered that a customer has violated the provisions of this section, electric service to that customer may be discontinued without notice. 2. The city will not restore services to such customer until that customer has complied with all rules and reasonable requirements of the city and the city has been reimbursed for the full amount of the service rendered and all costs to the city, including overhead, incurred by reason of the violations. 3. In addition, violators shall be subject to a fine of up to five hundred dollars, and/or term of imprisonment for a period not exceeding six months in the county jail, or both fine and imprisonment. (Ord. No. 228-AC; Ord. No. 383-AC (part).)

14-17 False Alarms

1. Purpose and Title. The purpose of this section is to reduce unnecessary responses by city personnel and equipment by regulating preventable false alarms. Nothing in this section shall be construed to limit or discourage the legitimate use of fire, burglar or other alarms. Such use is in the public interest and promotes public health and safety. Furthermore, nothing in this section shall prohibit the sounding of any signal necessary for the conduct of an authorized fire drill. This section is the “Needles False Alarm Ordinance.”
2. Definitions. For the purposes of this section, unless otherwise apparent from the context, the following words and phrases as used in this section are defined as follows: 1. “Alarm agent” means the owner or employees of an alarm business. 2. “Alarm business” means any persons, partnership, corporation, or other entity that sells, leases, maintains, installs, services, repairs, replaces, alters, removes, moves or monitors a police alarm system in or on any building, place or premises within the city. A person, partnership, corporation or other entity engaged solely in the business of selling police alarm systems is not an “alarm business.” 3. “Alarm signal” means anything perceptible which could reasonably be interpreted as communication of the existence of an unauthorized entry on a premises, the commission of an unlawful act, or the occurrence of a fire or other emergency to which the police or fire department is reasonably expected to respond. 4. “Alarm user” means any person whose business, place or premises has a police or fire alarm system whether or not monitored by a central monitoring system. 5. “Central monitoring system” means a system that automatically receives, records, maintains and supervises alarm signals at a central location by observers or operators who are required, upon receipt of an alarm signal, to notify the police or fire department. 6. “Chief” means the fire chief or chief of police whichever is appropriate. 7. “False alarm” means an alarm signal eliciting an emergency response from the police or fire department when a situation requiring such response does not in fact exist but does not include an alarm signal caused by violent natural conditions or other extraordinary circumstances that would activate an alarm system in reasonably good working condition. 8. “Fire alarm system” means any device designed to detect and to signal the occurrence of a fire or other emergency to which the fire department is reasonably expected to respond. 9. “Fire department,” “fire service personnel” or “fire chief” means the fire chief of the city and designated personnel of the city fire department.
   10. “Nonpriority response” means a response by the police which does not supersede any other response, and which is predicated upon the availability of personnel. 11. “Person” means an individual, partnership, corporation or other entity.
   11. “The police” or “chief of police” means the chief of police or the San Bernardino County sheriff’s department captain-in-charge, as the case may be, his officers, his deputies and designated employees.
   12. “Police alarm system” means any device designed to detect and to signal the unauthorized entry on a premises, the commission of an unlawful act, or the occurrence of any other emergency to which the police are reasonably expected to respond.
3. Exceptions. This section shall not apply to: 1. A smoke or heat detector in a single-family residential unit not connected to a central monitoring system; 2. An alarm system affixed to a motor vehicle not connected to a central monitoring system.
4. Alarm Business Registration--Required. No alarm business shall operate within the city unless such business has registered with the chief of police.
5. Alarm Business Registration--Application. Every alarm business shall register by submitting to the chief of police a completed application for alarm business registration upon city forms that show: 1. The name, permanent address and phone number of the alarm business; 2. The name, permanent address and phone number of the alarm business’ employer; 3. The operations manager for the area which includes the city; 4. The owner of the alarm business; 5. The alarm business license number issued by the State Director of Consumer Affairs.
6. Alarm Business--Change of Address. Every alarm business shall report to the chief of police any change in address, ownership, operations manager or name within five days of such change.
7. Central Monitoring System--Filing. Every alarm business that has a central monitory system to monitor police or fire alarm systems located within the city shall maintain on file a current listing of all such alarm systems, along with the address and phone number of the individual or individuals from whom entry to the protected premises may be obtained.
8. Alarm Agent Registration--Required. No person shall work as an alarm agent within the city unless that person has registered with the chief of police.
9. Alarm Agent Registration--Filing. 1. Every alarm agent shall register by filing with the chief of police a copy of the alarm agent registration card issued him by the State Director of Consumer Affairs. 2. Every alarm agent shall report to the chief of police any change of business address within five days of such change.
10. Alarm Agent’s Possession of Registration Card. Every Alarm agent engaged in installing, repairing, servicing, altering, replacing, moving or removing an alarm system at any place of business, other than a place of business occupied by that agent, shall carry on his person at all times while so engaged a va

o the chief of police any change of business address within five days of such change. 10. Alarm Agent’s Possession of Registration Card. Every Alarm agent engaged in installing, repairing, servicing, altering, replacing, moving or removing an alarm system at any place of business, other than a place of business occupied by that agent, shall carry on his person at all times while so engaged a valid State of California agent’s registration card and shall display that card to any peace officer upon request. 11. Alarm User’s Permit--Required. No person shall use, maintain or possess a police or fire alarm system on premises within the city unless that person has obtained an alarm user’s permit from the appropriate chief. 12. Alarm User’s Permit--Application. Applications for an alarm user’s permit shall be made to the appropriate chief upon city forms which show: 1. The name, address, and telephone number of the applicant; 2. The address of the premises where the alarm system is to be located; 3. The type of alarm; 4. The name of the person installing the alarm; 5. The name of the person to call in case of an alarm; 6. The name of the person or firm willing to service the alarm system at any time of the day or night. 13. Alarm System--Specifications. Alarm systems sold within the city shall utilize approved underwriters’ laboratories rated protection equipment. 14. Alarm System--Installation and Maintenance. All electrical alarm systems shall be installed and maintained in accordance with the applicable requirements of law and uniform codes. 15. False Alarms--Prohibited. No alarm user shall give, signal, transmit, or cause or permit to be given, signaled or transmitted, a false alarm. 16. False Alarms--Investigation--Notice--Report. 1. Upon finding a false alarm pursuant to an investigation, the police or fire department shall notify the alarm user of the false alarm.

2. Within three days of receiving the above notice, the alarm user shall file a written report with the appropriate chief containing the following information: 1. All information regarding the source or cause of the false alarm; 2. Any planned corrective action and projected date of correction. 3. Upon investigation of a false alarm, if a police or fire alarm system continues to emit an alarm signal in excess of thirty minutes, after reasonable efforts to contact the alarm user or the alarm business that monitors such alarm system, the chief of police or the fire chief may cause such alarm to be disconnected by the alarm agent. The alarm user shall pay the cost of such disconnection.
   17. False Alarms--Penalties. The alarm user or alarm business responsible for a false alarm or whose alarm system sends such alarm shall pay a penalty for each false alarm according to the following schedule: 1. First false alarm, no penalty;
       2. Second false alarm, no penalty;
       3. Third false alarm, no penalty;
       4. Fourth false alarm and one hundred dollars every alarm thereafter. For purposes of imposing penalties, false alarms shall be numbered on a fiscal year (July 1st through June 30th) basis.
   18. Automatic Dialing Alarm System Prohibited. No person shall use or cause to be used a telephone or cable system programmed to dial the police or fire department and to transmit a voice or code message of an alarm signal.
   19. Excessive False Alarms as Public Nuisance. The chief of police or fire chief may designate an alarm system a public nuisance if is actuates excessive false alarms. It is determined that three false alarms within any three consecutive calendar months is excessive and constitutes a public nuisance.
3. Excessive False Alarms--Suspension of Permit. The chief of police or fire chief shall suspend the permit of an alarm user whose alarm system has been designated a public nuisance. The chief of police or fire chief shall service the alarm user with a written order of suspension which shall state the reasons for the suspension. The order shall be effective immediately if personally served, or seventy-two hours after the order has been deposited with postage prepaid in the United States mail. As soon as such order of suspension becomes effective, the alarm user shall disconnect the alarm. In the case of police alarm systems, the police alarm system shall receive nonpriority response from the police.
4. Excessive False Alarms--Revocation of Permit. The suspension of the alarm user’s permit shall become a revocation fifteen days after the order of suspension becomes effective unless the alarm user presents to the appropriate chief written verification that the system has been completely evaluated and the causes of the false alarm located and corrected. Notice of revocation shall be served by personal services or by certified mail. Upon service of such notice of revocation, the false alarm shall be disconnected. The alarm user shall surrender any permit revoked pursuant to this section through the appropriate chief.
5. Appeals. Within ten days from the date of receiving notice of a revocation pursuant to subsection (u) of this Section, the alarm user may appeal the revocation to the city manager. Such appeal shall be in writing and shall be filed with the city clerk. At an informal meeting with the alarm user, not less than five calendar days and no more than twenty calendar days thereafter, the city manager shall hear and determine such appeal. The decision of the city manager thereupon shall be final and conclusive. The city clerk shall notify the appellant in writing no later than three days prior to the scheduled hearing of the time, date and place of said hearing by mailing such notice to him at the address stated in his written appeal.
6. Revocation of Permit. Revocation of a permit shall not be a defense against prosecution.
7. Severability. If any section or portion of this section is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter and each section or portion thereof irrespective of the fact that any one or more sections or portions may be declared invalid or unconstitutional.
8. Operative Date. 1. The provisions of this section shall become operative ninety days after the effective date of the ordinance codified by this section for persons conducting an alarm business or engaged as an alarm agent within the city on the effective date. However, any person who has filed an application as required in this section for an alarm business permit may continue doing business after the operative date until the application has been processed. 2. The provisions of this section relating to alarm user permits shall become operative one hundred twenty days after the effective date of the ordinance codified in this section for any alarm user whose alarm system was installed or in operation prior to the effective date of the ordinance codified in this section. (Ord. No. 326-AC)

14-18 Piling Or Placing Material On Highway

No person shall place or pile any material in or upon any highway or leave any obstruction or impediment to travel in or upon any highway without a permit to do so. (Ord. No. 383-AC, (part).)

14-19 Jumping Or Throwing Objects From Overpass, Bridge Or Viaduct Prohibited

1. For the purpose of this section, “overpass, bridge or viaduct” means the upper level of a crossing, at different levels, or two streets or highways, or a street or highway and a pedestrian path, or any structure spanning and providing passage over a waterway or other obstacle.
2. It is unlawful for any person to drop, throw, toss, shoot or otherwise propel any object at or onto the lower level street, highway, waterway, or at or on a motor vehicle, person or vessel which is standing or being operated on the lower level street, highway or waterway.
3. It is unlawful for any person to dive, dump or cause or encourage another person to dive or jump off of any overpass, bridge, or viaduct within the limits of the city.
4. The fine for violations of section 14-19 shall be one hundred twenty-five dollars ($125.00), unless the prosecuting authority determines that, due to the serious nature of the offense, the full penalty provided for the City Code section 1-7 should be sought. (Ord. No. 443-AC.)

14-20 Feeding Pigeons

1. Purpose and Intent. The City Council of the City of Needles hereby specifically finds that the proliferation and congregation of pigeons through feeding activities constitute a nuisance to the public and well-being of the community due to resulting unsanitary conditions or safety issues, including but not limited to pigeon waste, roosting effects, and other conditions related to the proliferation and congregation of pigeons, which can create the possibility of the spread of disease, noxious odors, human allergies, or other safety concerns.
   2. It is unlawful for any person to encourage the lingering, roosting or congregation of pigeons by offering or attempting to provide food by any means, either by hand, ground feeding, or by a bird feeder to pigeons.
   3. This section does not prohibit bird feeding mechanisms or practices that prevent pigeons from obtaining feed nor the feeding of pigeons that are kept in pens, cages or enclosures.
   4. A violation of any of the provisions of this article shall constitute a nuisance and may be abated by the City through administrative proceedings as provided in this Chapter 14 and Chapter 2A of the City’s Municipal Code and other applicable law, as may be amended from time to time. City may, at its discretion, issue administrative citations and fines as set forth in the City’s Municipal Code. (Ord. No. 638-AC)