Chapter XIV — POLICE REGULATIONS — Novato Municipal Code

Sections:

14-1 - Public Dances.

14-1.1 Permit Required. No person shall conduct a public dance within the city without having first obtained a permit in compliance with this section.

(Ord. No. 61, § 1)

14-1.2 Definitions. As used in this section:

"Person" shall include natural person, partnership, association, corporation, lodge, church, club and any other person as defined in section 1-2 of this code.

"Public dance" shall mean any dance for which an admission fee is charged, either at the door or by advance sale, and which is open to members of the general public or a particular age group thereof, but does not include dancing in a regularly licensed establishment where dancing is incidental to the business for which the license is issued.

"Chief of police" shall mean the chief of police of the city or his designate.

(Ord. No. 61, § 2; Ord. No. 1050, § 1)

14-1.3 Exemptions. The provisions of this section shall not apply to dances sponsored or conducted by any public agency or any school.

(Ord. No. 1050, § 2)

14-1.4 Application. Not less than 21 days prior to the date of any proposed public dance, a written application for a permit shall be made to the chief of police on such form as he may prescribe to determine whether to

approve a permit or require permit conditions as specified in sections 14-1.5 and 14-1.6. The application deadline may be waived for good cause. The applicant shall inform the chief of police of the name and address of the person who will be in charge and present during the proposed public dance.

(Ord. No. 61, § 3; Ord. No. 1050, § 2, 3)

14-1.5 Grounds for Denial. The chief of police shall approve or deny a permit application within ten days after the filing of a completed application. The decision granting or denying such application shall be in writing, and a denial shall specify the grounds therefor. The decision shall be personally delivered or mailed to the applicant. A permit shall be granted unless the chief of police finds from a consideration of the application, or other pertinent information that any of the following conditions exist. A permit shall be granted unless the chief of police finds that:

The location of the premises for the dance, number of persons expected to attend the dance, or music planned for the dance, is likely to substantially disturb persons in the neighborhood adjacent to the premises due to excessive noise, traffic congestion, or lack of adequate parking spaces.

Conducting a dance at the proposed dance premises would be in violation of a zoning ordinance, or the premises itself is in violation of building or other provisions of this code or other applicable ordinance or statute.

The applicant has within the last year previously failed to comply with the terms and conditions of a permit issued under this section.

Information contained in the application, or supplemental information requested from the applicant is found to be false in any material detail, or the applicant fails to complete the application after having been instructed to do so.

(Ord. No. 1050, § 4)

14-1.6 Permit Conditions. The chief of police may impose reasonable permit conditions respecting prevention of disturbances of the peace, public safety or excessive noise including requiring that the applicant hire at his expense off-duty police officer(s) or other security personnel to be at attendance at the dance.

(Ord. No. 1050, § 5)

14-1.7 Appeal. Any person denied a dance permit hereunder may appeal to the city council by filing written notice thereof with the city clerk within five days after notification of such denial. The appeal must be filed not later than noon one week preceding a city council meeting to be placed on the next meeting's agenda. The city council shall act on the appeal at its next regular meeting. The decision of the city council is final.

(Ord. No. 61, § 4; Ord. No. 1050, § 3,6)

14-2 - Drunkenness in Certain Places.

14-2.1 Prohibition Stated. It shall be unlawful for any person to be drunk or intoxicated on any public highway, or in or about any motor vehicle, or in any public place, or in any place open to public view, in the incorporated territory of the city.

(Ord. No. 15, § 1)

14-2.2 Violations. Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable to the penalty stated in Chapter I, section 1-5.

(Ord. No. 15, § 2)

14-3 - Fireworks and Firecrackers.

14-3.1 Storage, Manufacture or Sales Prohibited; Permit for Public Display. It shall be unlawful for any person to store, manufacture, sell or discharge any fireworks, firecrackers, torpedoes or any similar agency that creates noise or fire within the city; provided, however, that public display of fireworks may be given with the written consent of the city council.

(Ord. No. 18, § 1)

14-3.2 Penalties. Any person who or which shall violate any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to the penalty stated in Chapter I, section 1-5.

(Ord. No. 18, § 2)

14-4 - Discharge of Firearms.

14-4.1 Discharge of Weapons.

It shall be unlawful for any person within the corporate limits of the city to discharge any pistol, revolver, gun, rifle, of any caliber or any other firearm, except in lawful defense of a person or property and except in shooting galleries and on pistol, rifle, skeet or archery ranges, the location of which has been approved by the chief of police after written application and subject to such regulations as the city council may establish.

It shall also be unlawful for any person within the corporate city limits to discharge any air gun, B-B gun, blow gun, slingshot, bow and arrow or adaptation thereof, or other instrument of any kind, character or description which throws or projects bullets, pellets, or missiles of any kind to any distance by means of the elastic force of air, gas, rubber, or steel springs or by any other means, in any manner that endangers any person or is injurious to any property, or unreasonably infringes on any person's privacy or enjoyment of property. In any event, it shall be unlawful to discharge any of the mentioned devices on or upon any lands belonging to or occupied by another, public or private, unless written permission thereof has been obtained and is in possession.

(Ord. No. 21, § 1)

14-4.2 Penalties. Any person violating subsection 14-4.1 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of fifty ($50.00) dollars or imprisonment in the county jail for a period of ten days, or both such fine and imprisonment.

(Ord. No. 21, § 2)

14-5 - Gambling and Pinball Machines.

14-5.1 Definitions and Purpose: As used in this section:

"Person" shall mean and include firm, association, corporation, lodge, church and any other group of persons.

"Played" shall mean and include conducted, dealt, operated, maintained and carried on.

"Anything of value" shall mean money, coin, currency, check, check allowance, credit, merchandise, property or anything representative of value and includes, without limitation, any payment for services or for the use of any premises, cards, chips, furniture or other article, any increase or probable increase in business or patronage, resulting directly or indirectly from playing of any of the games mentioned in this section, and any rent, remuneration or compensation of any nature received by any person for the use or occupancy of any premises where the major, primary, or usual use of the premises is for the playing of any of said games.

No provision of this section shall be deemed or construed as prohibiting any act made unlawful by Sections 320, 330, 330(a), 331 or 336 of the Penal Code or of any other Code or general law of the State of California, it being the intent of the city council to prohibit hereby all games, operations or transactions herein described which are not prohibited by the provisions of any codes or general laws of this State.

(Ord. No. 36, § 1)

14-5.2 Keeping of Gambling Place. No person, whether as owner, principal, agent, employee, licensee, lessee, mortgagee or otherwise, shall keep, conduct, operate or maintain within this city any house, room, store, apartment, enclosure or place used in whole or in part as a place where any game dependent on hazard or chance is played, whether with cards, dice, balls, cues, mechanical contrivances or appliances, or with any other device, where the same is played for anything of value.

(Ord. No. 36, § 2)

14-5.3 Permitting Gambling Games. No person, whether as owner, principal, agent, employee, licensee, lessee, mortgagee or otherwise, shall knowingly permit any house, apartment, room, store, enclosure or place owned by or under his charge or control within this city to be used in whole or in part for playing therein any game dependent on hazard or chance whether with cards, dice, balls, cues, mechanical contrivances or appliances, or with any other device, where the same is played for anything of value.

(Ord. No. 36, § 3)

14-5.4 Betting on Gambling Games. No person shall play or bet at, on, or against any game dependent on hazard or chance, whether played with cards, dice, balls, cues, mechanical contrivances or appliances, or with any other device, where the same is played for anything of value.

(Ord. No. 36, § 4)

14-5.5 Card Games.

Certain card games excepted. Notwithstanding the provisions of the preceding subsections, no game played with cards shall be prohibited hereby unless in violation of one or more of the following paragraphs of this subsection.

Winnings. No person shall receive, directly or indirectly, anything of value from the playing of any game of cards other than any actual winnings to which a person playing such game in good faith for himself alone may be enTitled as the result of such game.

Losses. No person shall give anything of value for being permitted to participate in any game of cards other than to pay the actual losses sustained by such person playing such game in good faith for himself alone.

Betting. No person shall bet or wager in any game of cards anything of value belonging to another person.

Permitting use of premises. No person, whether as owner, principal, agent, employee, licensee, lessee, mortgagee or otherwise, shall knowingly permit any room, building or premises, or any furniture, fixtures, equipment or other article, or anything of value, to be used for or in any game of cards in connection with which a violation of paragraphs, b, c or d of this subsection occurs.

Seizure of equipment. In addition to any other remedy provided by law, any furniture, fixtures, equipment or article or anything of value used in violation of paragraph e of this subsection may be seized by any peace officer and disposed of as provided in Section 335(a) of the California Penal Code.

Visiting premises. No person shall knowingly visit any premises where a violation of any of the paragraphs of this subsection is occurring.

Presumptions. In a trial for violation of any of the paragraphs of this subsection, it shall be presumed that any game of draw poker or any variation thereof which was played publicly or in which participation was open or available to the public returned something of value to any person who controlled or permitted the operation of

such game and to any person who was in control or possession of the premises in or upon which such game was played. This shall be a rebuttable presumption.

(Ord. No. 36, § 5)

14-5.6 Penalties. Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be liable to the penalty stated in Chapter I, section 1-5.

(Ord. No. 36, § 6)

14-6 - Anti-Litter Regulations.

14-6.1 Short Title. This section shall be known and may be cited as the "Novato Anti-Litter Ordinance."

(Ord. No. 399, § 1)

14-6.2 Definitions. As used in this section:

"Aircraft" shall mean any contrivance now known or hereafter invented used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.

"Authorized private receptacle" shall mean a litter storage and collection receptacle as required and authorized in the Sanitary District Ordinance Regulating Garbage Collection.

"Commercial handbill" shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:

Which advertises for sale any merchandise, product, commodity, or thing; or

Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incite it to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting,

theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this State, or under any ordinance of this city; or

Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

"Garbage" shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

"Litter" shall mean "garbage", "refuse", and "rubbish" as defined herein and all other waste material which, if thrown, deposited or permitted to accumulate as herein prohibited, tends to create a danger to public health, safety and welfare.

"Newspaper" shall mean any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

"Non-commercial handbill" shall mean any printed or written matter, any sample, or device, dodger, circular leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.

"Park" shall mean a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.

"Private premises" shall mean any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

"Public place" shall mean any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

"Refuse" shall mean all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

"Rubbish" shall mean nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, uncut grass, weeds and other vegetative material, wood, glass, bedding, crockery and similar materials.

"Vehicle" shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

(Ord. No. 399, § 2)

14-6.3 Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection, or in official city dumps.

(Ord. No. 399, § 3)

14-6.4 Placement of Litter in Receptacles so as to Prevent Scattering. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

(Ord. No. 399, § 4)

14-6.5 Sweeping Litter Into Gutters Prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

(Ord. No. 399, § 5)

14-6.6 Merchants' Duty to Keep Sidewalks Free of Litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter.

(Ord. No. 399, § 6)

14-6.7 Litter Thrown by Persons in Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property.

(Ord. No. 399, § 7)

14-6.8 Truck Loads Causing Litter. No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

(Ord. No. 399, § 8)

14-6.9 Litter in Parks. No person shall throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.

(Ord. No. 399, § 9)

14-6.10 Litter in Waterways and Fountains. No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the city.

(Ord. No. 399, § 10)

14-6.11 Throwing or Distributing Commercial Handbills in Public Places. No person shall throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street or other public place within the city. Nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any non-commercial handbill to any person willing to accept it.

(Ord. No. 399, § 11)

14-6.12 Placing Commercial and Non-Commercial Handbills on Vehicles. No person shall throw or deposit any commercial or non-commercial handbill in or upon any vehicle. Provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.

(Ord. No. 399, § 12)

14-6.13 Depositing Commercial and Non-Commercial Handbills on Uninhabited or Vacant Premises. No person shall throw or deposit any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(Ord. No. 399, § 13)

14-6.14 Prohibiting Distribution of Handbills Where Properly Posted. No person shall throw, deposit or distribute any commercial or non-commercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.

(Ord. No. 399, § 14)

14-6.15 Distributing Commercial and Non-Commercial Handbills at Inhabited Private Premises. No person shall throw, deposit or distribute any commercial or non-commercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that in case of inhabited private premises which are not posted, as provided in this section, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal law or regulations.

Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein) except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord, No. 399, § 15)

14-6.16 Dropping Litter From Aircraft. No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object.

(Ord. No. 399, § 16)

14-6.17 Posting Notices Prohibited. No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.

(Ord. No. 399, § 17)

14-6.18 Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

(Ord. No. 399, § 18)

14-6.19 Owner to Maintain Premises Free of Litter. The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

(Ord. No. 399, § 19)

14-6.20 Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not.

(Ord. No. 399, § 20)

14-6.21 Litter by Animals. No person riding or in charge of any horse or in control of any dog or other animal shall permit that animal to defecate upon any sidewalk, paved driveway, or upon any public or private parking lot.

(Ord. No. 399, § 21)

14-6.22 Clearing of Litter From Open Private Property by City. Pursuant to the procedures set forth in Sections 39560 and 39580 of the Government Code, the superintendent of streets is authorized to notify the owner of any open or vacant private property within the city, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare, and upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare and to cause the cost incurred to be placed as a lien upon the owner's next regular tax bill.

(Ord. No. 399, § 22)

14-6.23 Penalties. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding one hundred ($100.00) dollars or be imprisoned in the county jail for a period not exceeding ten days or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. No. 399, § 23)

14-6.24 Leaving Donations Outside of Operation Hours. No person shall donate, discard, deposit or leave any object on the premises of a thrift store or at a donation site except during the hours that the store or donation site accepts donations of personal property from members of the public.

Every violation of this subsection is a misdemeanor and is punishable by a maximum fine of one thousand ($1000.00) dollars and/or imprisonment in the county jail for no more than 90 days. This subsection may only be applied to a thrift store or donation site if the store or site displays a sign outside the store or site which notifies the public of the days and hours that it accepts donations.

For the purposes of this section "thrift store" shall mean a building where any business, charitable, or non- profit establishment accepts donated items from any person and offers these items for sale to members of the public. For the purposes of this section "donation site" shall mean any location within 10 feet of a truck, shed, or other temporary structure that is set up on a temporary basis by any business, charitable, or non-profit establishment to accept donations of personal property from the pubic.

For the purposes of this section "premises" shall refer to the same lot as that upon which the thrift store is located or to any lot, street or sidewalk adjacent to the store lot.

(Ord. No. 1455, § 1)

14-7 - Youth Curfew.*

* Editor's Note: Prior ordinance history inlcudes portions of Ordinance No. 844.

14-7.1 Purposes and Findings. The purpose of enacting this section is to protect the youth of the City of Novato, and the potential victims of juvenile crime, by decreasing the opportunity juveniles have of engaging in nocturnal criminal activity.

In the past three years there has been a significant increase in juvenile violence, gang activity and crime. Community groups and counselors have indicated that persons under the age of 18 years are particularly susceptible to participate in unlawful activities, and to become victims of older perpetrators of crime.

(Ord. No. 1353, § 1; Ord. No. 1395, § 1)

14-7.2 Juvenile Curfew Established.

It shall be unlawful for any minor to remain in or upon any public street, highway, road, alley, park, playground or other public place during the following hours:

Minors under the age of 16 years, between the hours of 10:00 p.m. and 5:00 a.m., except that when the following day is not a school day on the Novato Unified School District calendar, the hours shall be between 11:00 p.m. and 5:00 a.m.

Minors 16 years of age or over, and under the age of 18 years, between the hours of 11:30 p.m. and 5:00 a.m., except that when the following day is not a school day on the Novato Unified School District calendar, the hours shall be between 12:30 a.m. and 5:00 a.m.

This section shall not apply if the minor is:

Accompanied by a parent, guardian or other adult person authorized by a parent or guardian to have the care and custody of such a minor.

Attending a dance, a school, religious, sports, cultural, amusement, employment, or recreational activity, or other event, all of which must be or must have been supervised by an adult, or traveling directly to, or returning directly home, without a detour or stop, from entertainment or a dance, school, sports, cultural, amusement, employment or recreational activity, or other event, all of which must be or must have been supervised by an adult.

Traveling directly to an open eating establishment, without detour or stop, from entertainment or a dance, school, sports, cultural, amusement, employment, or recreational activity, or other event, all of which must have been supervised by an adult, and traveling directly home, without detour or stop, from an open eating establishment.

In a public place and within 100 feet of the minor's residence.

Acting in response to an emergency.

Emancipated as provided under State law.

On an errand at the direction of the minor's parent, guardian or other adult person authorized by a parent or guardian to have the care and custody of such a minor, without any detour or stop.

In a motor vehicle involved in interstate travel.

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.

(Ord. No. 1353, § 1; Ord. No. 1395, § 1)

14-7.3 Penalties. Any person who violates any of the provisions of this section is guilty of an infraction and in addition, any minor who violates any of the provisions of this section is subject to the provisions of the Juvenile Court Law, Division 2, Chapter 2, of the Welfare and Institutions Code of the State of California.

(Ord. No. 1353, § 1; Ord. No. 1395, § 1)

14-7.4 Parental Responsibility. It is unlawful for the parent, guardian or other adult person authorized by a parent or guardian to have the care and custody of any minor to allow such minor to violate any of the provisions of this section.

(Ord. No. 1353, § 1; Ord. No. 1395, § 1)

14-7.5 Definitions.

Emergency shall mean a sudden, unexpected occurrence that poses clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health or property. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident.

Public place shall mean any publicly-owned parcel of real property or improvement located thereon.

Remain shall mean to linger or stay.

(Ord. No. 1395, § 1)

14-8 - Commercial Soliciting, Peddling and Canvassing.

14-8.1 Definitions. Unless the context otherwise requires, the definitions in this section shall govern the construction of section 14-8 of this code.

"Chief of police" shall mean the chief of police or his authorized deputy.

"Commercial canvasser" shall mean a person who conducts a poll or survey or otherwise canvasses from door-to-door within the city for commercial purposes.

"Commercial peddler" shall mean any person who travels by foot, vehicle or by any other type of conveyance from door to door, house to house, or street to street, carrying, conveying or transporting food, goods, wares, merchandise or other personal property of any nature whatsoever, offering or exposing the same for sale, or making sales and delivering articles to purchasers, or who without traveling from place to place sells or offers the same for sale from any vehicle, conveyance, structure or from any other place other than a permanent store building. The word "peddler" shall mean and include the words "hawker," "huckster" or "itinerant vendor."

"Commercial solicitation" shall mean the conducting, managing or carrying on of the activities of a commercial peddler, commercial solicitor or commercial canvasser as defined in this section. Commercial solicitation as defined in this section does not include solicitation by telephone or solicitation through the United States mail.

"Commercial solicitation permit" shall mean a permit issued to a commercial peddler, commercial solicitor or commercial canvasser by the chief of police under section 14-8.

"Commercial solicitation permit fee" shall mean the fee to be paid by the commercial solicitation permit applicant at the time the application is filed with the chief of police. The fee shall not exceed the actual costs of investigating and processing the permit application and administering the permit program including the costs of photographing and fingerprinting the applicant.

"Commercial solicitor" shall mean any person who travels either by foot, vehicle or any other type of conveyance from door to door, house to house, or street to street, taking or attempting to take subscriptions, contracts of sale, or orders for the sale of foods, goods, wares, merchandise or other personal property of any nature whatever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale, or whether or not he collects advance payments on such sales. The word "solicitor" shall include any person who uses or occupies any vehicle, conveyance, structure or other place other than a permanent store building within the city for the purpose of exhibiting samples and taking orders for future delivery.

"Park" shall have the same meaning as defined in Chapter X, section 10-2 of this code.

"Permittee" shall mean any person who has been issued a commercial solicitation permit by the chief of police.

"Person" shall mean and include any individual, association, partnership, corporation, organization, or other "person" as defined in Chapter 1, section 1-2 of this code.

"Public agency" shall mean the United States, State of California, any city, county, city and county, district, municipal or public corporation or any department, agency or instrumentality thereof.

"Residential dwelling" shall mean an apartment, single-family dwelling, two-family dwelling, or duplex as defined in Chapter XIX, section 19-10 of this code.

(Ord. No. 1088, §§ 1—3)

14-8.2 Permit Required. No person shall engage in commercial solicitation within the city without first obtaining a commercial solicitation permit from the chief of police unless otherwise exempted from the permit requirement by subsection 14-8.3 of this code.

(Ord. No. 1088, § 4)

14-8.3 Exemptions.

Excepting for subsections 14-2.13, 14-8.14 and 14-8.15 of this code the provisions of section 14-8 shall not apply to any of the following:

Persons soliciting orders from or selling to retail dealers for use or for resale, or to manufacturers for processing or other manufacturing purposes, or to bidders for public works or supplies.

Public agencies.

Persons regulated and required to be licensed by the State of California, or any of its agencies, while these persons are actually engaged in the activity for which the license is required.

Persons delivering or soliciting for a newspaper of general circulation.

Growers or producers of any agricultural commodity sold or offered for sale on the premises where grown or produced.

Persons canvassing, soliciting funds, or peddling or soliciting goods or publications for the sole purpose of propagating a bona fide religious or political group, party, organization, faith, doctrine, or belief, or for charitable purposes as defined in Chapter XlV, subsection 14-9.1 of this code.

(Ord. No. 1088, § 5)

14-8.4 Application for a Commercial Solicitation Permit.

Any person desiring to obtain a commercial solicitation permit shall file a verified application with the chief of police on a form provided by the chief of police which shall contain the following information:

The name, age, address, and telephone number of the individual applicant.

The name and address of the applicant's business, his interest in or relationship with such other business. If requested do so by the chief of police the applicant shall also provide proof of authorization to engage in commercial solicitation on behalf of his employer. If the applicant is employed to engage in commercial solicitation within the city on behalf of an individual, association, partnership or corporation, the following information should be provided:

(a)

If the employer is an individual, the name, address and business telephone number of the individual.

(b)

If the employer is a partnership, the name and business address of the partnership.

(c)

If the employer is an association, the association's principal business address and telephone number.

(d)

If the employer is a corporation, the name of the corporation as set forth in its articles of corporation, the state where the corporation is organized, and the corporation's principal business address and telephone number.

A brief description of the nature of the applicant's proposed commercial solicitation and of the product or service to be peddled or solicited.

A description of the location(s) within the city where the commercial solicitations will be conducted, and the date(s) wherein the commercial solicitation will be conducted.

If any food product or substance for human consumption is to be peddled, the applicant shall submit to the chief of police evidence of compliance with the requirements of the Division of Environmental Health of the County of Marin for sale of such products.

A listing of the name(s), address(es), telephone number(s), and ages of each individual who will engage in commercial solicitation within the city under the supervision of the applicant. Each such individual must also file a short verified application for a commercial solicitation permit providing the information required in subsections 14-8.4 paragraphs a.7. through a.14. and pay a permit application fee.

A statement as to whether the applicant will engage in door-to-door commercial solicitation at residential dwellings within the city.

A statement as to whether the applicant has been convicted of any crime other than traffic violations, and the nature of the offense.

The fingerprints of the applicant on a form provided by the chief of police. The chief of police is also authorized to photograph and conduct a height and weight check of the applicant.

The year, model and license number of any motor vehicle(s) which will be used during the course of commercial solicitation and the applicant's driver's license number.

A statement as to whether the applicant will offer goods, wares, merchandise, or services for sale from any parked vehicle, other conveyance, or temporary structure within the city. If so, a description of the type of vehicle conveyance or structure and the property where it will be located.

A statement whether the applicant has had any previous commercial solicitation permit issued by the city revoked or suspended.

If the applicant is a minor under 18 years of age, the applicant shall provide a copy of a work permit in compliance with California Labor Code Section 1299, or evidence that the applicant is exempted from obtaining a work permit pursuant to the California Labor and/or Education Codes.

A statement that the applicant has read the provisions of section 14-8 of the code.

If the applicant intends as part of its commercial solicitation, to solicit funds for a charitable organization, the applicant must furnish evidence that is currently registered with the State Attorney General's Registry of Charitable Trusts as required by California Government Code Section 12599.

If while the application is pending or during the term of any permit granted, there is a change in fact that would alter the information provided in the application form, the applicant shall notify the chief of police within one business day of such change.

If the planned commercial solicitation is to be conducted in a park, the applicant must also obtain a park permit pursuant to Chapter X, section 10-4 of this code from the director of the department of parks and recreation prior to conducting any charitable solicitation.

(Ord. No. 1088, § 6; Ord. No. 1229, § 1)

14-8.5 Application Fee. The application for a solicitation permit shall be accompanied by a commercial solicitation permit fee in the amount established by city council resolution. The fee shall be in addition to any business license tax required under Chapter VIII of this code. The application fee shall not be required of veterans who are exempted from permit fees under California Business and Professions Code Section 16102.

(Ord. No. 1088, § 7)

14-8.6 Permit Issuance and Grounds for Permit Denial.

The chief of police shall determine whether to issue or deny the commercial solicitation permit within 20 days of receiving a completed application. The chief of police shall issue the permit requested unless he finds that any of the following grounds for permit denial exist:

The applicant has failed to provide the information required by subsection 14-8.4, and fails to provide the missing information after being requested to do so.

Information contained in the application or supplemental information requested from the applicant is false in any material detail.

A prior commercial solicitation permit issued to the applicant has been revoked within one year of the date of the application for a new permit, or suspended and the period of suspension has not yet ended.

The applicant plans to engage in door-to-door solicitation of residential dwellings and has been convicted by a court of competent jurisdiction of any of the following offenses as defined in the California Penal Code; murder (Penal Code Section 187); mayhem (Penal Code Section 203); kidnapping (Penal Code Section 207); robbery (Penal Code Section 211); assault with intent to commit rape, etc. (Penal Code Section 220); burglary (Penal Code Section 459); rape (Penal Code Section 261); crimes against children: lewd or lascivious acts (Penal Code Section 288); annoying or molesting children (Penal Code Section 647a), and attempts to commit any of the aforesaid offenses or an offense in a jurisdiction outside the State of California which is the equivalent of the aforesaid offenses.

The applicant is a minor under the age of 18 who is required to obtain a work permit pursuant to the California Labor and/or Education Codes and has failed to provide a copy of the work permit with his application.

The applicant shall offer goods, products or services from a vehicle, conveyance or temporary structure whose location within the city, or construction, or maintenance is not in compliance with one or more provisions of this code including applicable zoning, health, building, or fire ordinances.

The applicant shall peddle any food product or substance for human consumption and has failed to submit to the chief of police evidence of compliance with the requirements of the Division of Environmental Health of the County of Marin for sale of such products.

Notice of permit denial stating the grounds therefor shall be personally served or served by mail on the permit applicant.

The chief of police may conditionally grant a commercial solicitation permit subject to police department verification that the permit applicant has not been convicted of any of the offenses listed in subsection 14- 8.6a.4. above. If the chief of police later determines that the applicant has been convicted of any of the aforelisted offenses he shall personally serve or serve by mail a notice of permit denial stating the grounds therefor on the applicant.

(Ord. No. 1088, § 8)

14-8.7 Permit Conditions. The chief of police may condition the issuance of a commercial solicitation permit to insure compliance with the provisions of section 14-8 of the code, other provisions of this code or State law. It shall be unlawful for the permittee or any employee or agent thereof to violate any of the terms and conditions of the permit.

(Ord. No. 1088, § 9)

14-8.8 Appeal of Permit Condition or Denial. The applicant may appeal a permit condition or denial of a commercial solicitation permit to the city council. Notice of such appeal stating the grounds therefor shall be filed with the city clerk within 10 days after notice of a permit condition or denial. Such notices shall be deemed given by the chief of police on the date of personal service or deposit in the United States mail. The appeal must be filed no later than noon, one calendar week preceding the next regular city council meeting, to be placed on that meeting's agenda. The city council may affirm, modify or overrule the decision of the chief of police.

(Ord. No. 1088, § 10)

14-8.9 Term of Permit. Commercial solicitation permits shall expire on December 31 of each year.

(Ord. No. 1088, § 11; Ord. No. 1484, § 1)

14-8.10 Form of Permit. The permit if issued shall be in a form prescribed by the city, and shall include the following information:

The name of the permittee and the permittee's employer (if any).

The date(s) the permit is valid.

A statement that the permit does not constitute an endorsement by the city, or of any of its departments, officers or employees of the commercial solicitation.

Permit number.

(Ord. No. 1088, § 12)

14-8.11 Permit Nontransferable. Commercial solicitation permits are nontransferable. It is unlawful for the permittee to transfer the permit to any other person.

(Ord. No. 1088, § 13)

14-8.12 Display of Permit. Permittees issued commercial solicitation permits are required to exhibit such permits at the request of any person being solicited or at the request of a law enforcement officer. Permittees engaging in door-to-door commercial solicitation shall carry the permit on their person.

(Ord. No. 1088, § 14)

14-8.13 Commercial Solicitation at Certain Premises Prohibited. It shall be unlawful for any person to engage in commercial solicitation at any residential dwelling, or other premises within the city which are painted or posted with a clearly visible sign bearing the words "No Peddlers," "No Solicitors," "No Agents," "No Salesmen," or other words of similar meaning.

(Ord. No. 1088, § 15)

14-8.14 Manner of Commercial Solicitation. It is unlawful for a person to do any of the following while engaging in commercial solicitation within the city:

Affix any object to the person of any member of the public without first receiving express permission therefor.

Fail to immediately leave a residential dwelling after being requested to do so by the owner or occupant hereof.

Disturb the peace of the residential dwelling or the surrounding neighborhood in which the commercial solicitation is being conducted.

(Ord. No. 1088, § 16)

14-8.15 Misrepresentation Prohibited. It shall be unlawful for any person while engaging in commercial solicitation within the city to perpetrate any fraud of deception or misrepresent in words, writing or action any of the following:

His identity including his name, age, occupation, and place of residence.

The name and identity of his employer.

Whether he is the partner, agent or employee of another commercial peddler, commercial solicitor or commercial canvasser.

Whether he receives monetary compensation for engaging in the commercial solicitation and the source of such compensation.

That the commercial solicitation permits issued under section 8-4 of this code is an endorsement by the city or any department, employee, or officer thereof of the commercial solicitation.

(Ord. No. 1088, § 17)

14-8.16 Permit Revocation or Suspension and Appeal Thereof.

A commercial solicitation permit may be revoked or suspended, by the chief of police for any of the following reasons:

Information contained in the application or supplemental information requested from the applicant is false in any material detail.

The applicant has failed to notify the chief of police of a change in facts subsequent to filing of the application as required in subsection 14-8.4b of this code.

The permittee is engaging in commercial solicitation at residential dwellings and has been convicted of any of the offenses specified in subsection 13-8.6a.4 of this code.

The permittee is a minor under 18 years of age and is not in possession of a valid work permit as specified in subsection 14-8.4a.16 of this code.

Any of the grounds for revocation or suspension of a permit for a mobile food vending operator or business provided under section 18-15 of this code.

Notice of the permit revocation or suspension stating the grounds therefor shall be personally served or served by mail on the permittee. Service by mail shall be deemed complete upon posting in the United States Mail. The applicant may appeal a permit suspension or revocation by filing a notice of appeal with the city clerk within ten days of service by the chief of police of the permit revocation or suspension. If an appeal is timely filed, the city council shall hold a hearing at its next regular meeting. The appeal must be filed no later than noon, the week preceding the next regular meeting to be placed on that meeting's agenda. The city council may affirm, modify or overrule the decision of the chief of police.

(Ord. No. 1088, § 18)

(Ord. No. 1570, § 3, 1-10-2012)

14-8.17 Violation and Penalties. Any person violating any provision of section 14-8 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as specified in Chapter 1, section 1-5 of this code.

(Ord. No. 1088, § 19)

14-9 - Charitable Solicitations.

14-9.1 Definitions. Unless the context otherwise requires, the definitions in this section shall govern the construction of section 14-9 of this code.

"Agent" shall mean a person who has authorization from a holder of a charitable solicitation permit to solicit in the name of the permit holder.

"Charitable purpose" shall mean the use of property or money for any religious, scientific, philanthropic, civic, patriotic, nonprofit, fraternal, or eleemosynary group, for the benefit of any church, religious society of sect, for assistance to veterans, the poor, the handicapped, children, animals, civic, and fraternal purposes and all other purposes recognized as charitable under common law. The term "charitable purpose" shall not be construed to include the direct benefit of the individual making the solicitation or the benefit of any political group, party or organization which is subject to financial disclosure under Federal or State law.

"Charitable solicitation" shall mean to "solicit contributions" or "solicitation of contributions" as defined in this section.

"Charitable solicitation permit fee" shall mean the fee to be paid by the permit applicant at the time the application is filed with the chief of police. The fee shall not exceed the actual costs of investigating and processing the permit application and administering the permit program including the costs of photographing and fingerprinting the applicant.

"Charitable tax exempt organization" shall mean any public agency or a nonprofit corporation or trust created for charitable purposes and exempt from taxation pursuant to California Revenue and Taxation Code Section 23701(d) or Internal Revenue Code Section 501(c)(3).

"Chief of police" shall mean the chief of police or his authorized deputy.

"Contributions" shall mean and include the words donations, money, alms, food, clothing, subscriptions, property, credit, financial assistance, or other thing of value.

"Member" shall mean a person who belongs to a charitable tax exempt organization who is entitled to vote, elect officers, or hold office. The term "member" of a charitable tax exempt organization shall not include those

persons who are granted a membership solely for making a contribution as a result of the charitable solicitation.

"Park" shall have the same meaning as defined in Chapter X, section 10-2 of this code.

"Person" shall mean and include an individual, association, partnership, corporation, organization, or other person as defined in Chapter I, section 1-2 of this code.

"Promoter" shall mean any person who is employed on a salary, commission or percentage basis, to promote, organize or conduct a charitable solicitation for or on behalf of such other person. Except, however, that no person who holds a permanent salaried office or position with the applicant charitable organization or its parent or subsidiary organization shall be deemed to be a promoter herein.

"Public agency" shall mean the United States, State of California, any city, county, city and county, district, municipal or public corporation or any department, agency or instrumentality thereof.

"Right-of-way" shall have the same meaning as defined in Chapter XV, subsection 15-2.1c. of this code.

"Residential dwelling" shall mean an apartment, single-family dwelling, two-family dwelling or duplex as defined in Chapter XIX, section 19-10 of this code.

"Solicit contributions" or "solicitation of contributions" shall mean and include to request, directly or indirectly, contributions on the plea or representation that such contributions will be used for charitable purposes as defined in this section. These words shall also mean the sale, or offer or attempt to sell, of any advertisement, advertising space, book, card, change coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable purpose, or where the name of any charitable person is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from such sale will go or be donated for any charitable purpose.

(Ord. No. 1087, §§ 1, 2)

14-9.2 Charitable Solicitation Permit Required. It shall be unlawful for any person to engage in door-to-door charitable solicitation at residential dwellings or other premises located within the city, in parks or other city property, on public streets, sidewalks, and other rights-of-way located within the city without first obtaining a charitable solicitation permit from the chief of police. This requirement shall not apply to activities specifically exempted by subsection 14-9.3 of this code

(Ord. No. 1087, § 3)

14-9.3 Exemptions. Excepting for subsections 14-9.14 and 14-9.15, the provisions of section 14-9 shall not apply to any of the following:

Any recruiting for volunteer services.

Any charitable solicitation made in the name of a person who has died, if the solicitation is made by members of the family of the deceased person or the legal guardian of the deceased person.

Any charitable solicitation made by or on behalf of a charitable tax exempt organization to or among persons who are members thereof at the time of solicitation, or a charitable solicitation made in the form of collections or contributions at regular assemblies or services of any such organization.

Any charitable solicitation made by an employer to his employees, by an employee to his employer, or by an employee to other members of the same employee group where a common employer exists.

Public agencies.

(Ord. No. 1087, § 4)

14-9.4 Permit Application.

A verified application for a charitable solicitation permit shall be filed with the chief of police at least 15 days before the date the planned solicitation is to commence on a form provided by the chief of police. If the planned charitable solicitation is to be conducted in a park, the applicant must also obtain a park permit pursuant to Chapter X, section 10-4 of this code form the director of the department of parks and recreation prior to conducting any charitable solicitation. Upon a showing of good cause, the chief of police shall consider an application which is filed after the filing deadline if there is sufficient time to process and investigate the application. The application shall contain the following information:

The name, address, and telephone number of the applicant. If the applicant is not an individual the following shall be provided:

(a)

If the applicant is an organization or association, its business headquarters address and telephone number.

(b)

If the applicant is a subsidiary or affiliate organization, the name and address of the parent organization.

(c)

If the applicant is a corporation, the name of the corporation as set forth in its articles of corporation, and the corporation's principal business address and telephone number.

The person completing the application form shall provide proof of authorization to request a charitable solicitation permit on behalf of the applicant organization, association, corporation or other entity.

A statement whether the applicant has received tax exempt status from either the State of California or the United States, or both, and a copy of its tax exempt determination letter if any.

The name(s), address(es) and telephone number(s) of the person(s) who will be in direct charge of conducting the charitable solicitation within the city and any promoters.

The name(s) and address(es) of the person(s) to whom the receipt of contributions resulting from the charitable solicitation shall be disbursed.

A brief outline of the method or methods to be used in conducting the charitable solicitation, and the purpose or purposes for which the contributions will be used.

A description of the location(s) within the city where the charitable solicitation will be conducted, and the date(s) when the charitable solicitation will be made.

A description of any collection boxes, receptacles or structures which will be used during the charitable solicitation and the proposed location thereof.

A statement whether the applicant has had any previous charitable solicitation permit issued by the city revoked or suspended.

A list of the name(s), address(es) and telephone number(s) of each agent who will engage in charitable solicitation within the city and a statement whether such persons will be engaged in door-to-door solicitation at

residential dwellings within the city. The chief of police may require that the individual permit applicant and each agent be photographed or fingerprinted.

An explanation of the reasons, if the individual completing the permit application form is unable to provide any of the foregoing information, why such information is not available.

A statement to the effect that if the charitable solicitation permit is granted, it will not be used or represented as an endorsement by the city, or any of its departments, officers, or employees of the charitable solicitation.

A statement that the applicant has read the provisions of section 14-9 of this code.

A list containing the nature, date and place of all criminal convictions within the past five years of the applicant, or if the applicant is not an individual, the applicant's principal officers and managers.

If the applicant intends to utilize the services of a commercial fundraiser or to act as a commercial fundraiser for a charitable organization, the applicant must furnish evidence that the commercial fundraiser is currently registered with the State Attorney General's Registry of Charitable Trusts as required by California Government Code Section 12599.

If while the application is pending, or during the term of any permit granted thereon, there is any change in fact, policy, or method of solicitation that would materially alter the information given in the application, the applicant shall notify the chief of police in writing thereof within one business day after such change. This requirement includes the submission of the names, addresses and telephone numbers of any agents not listed on the permit application form who will engage in charitable solicitation within the city. The chief of police may require that such persons be photographed and fingerprinted.

(Ord. No. 1087, § 5; Ord. No. 1177, § 1; Ord. No. 1229, § 2)

14-9.5 Permit Fee. The application for a charitable solicitation permit shall be accompanied by a charitable solicitation permit fee in the amount established by city council resolution.

(Ord. No. 1087, § 5)

14-9.6 Permit Issuance and Grounds for Permit Denial.

The chief of police shall determine whether to issue or deny the charitable solicitation permit within 15 days of receiving a completed application. The chief of police shall issue the permit requested unless he finds that:

The applicant has not provided the information required by subsection 14-9.4 and fails to provide the missing information after being requested to do so.

Information contained in the application, or supplemental information provided by the applicant is false in any material detail.

The applicant has failed to notify the chief of police of a change in fact, policy or method of solicitation subsequent to the filing of the application as required by subsection 14-9.4b. of this code.

A prior charitable solicitation permit has been revoked within the year preceding the date of application, or suspended and the period of suspension has not yet expired.

The applicant, or if the applicant is not an individual, the applicant's principal officers and managers have been convicted within the past five years of any offense involving fraud, deceit, false pretenses, trick and device or the use of force or violence against other persons.

Notice of permit denial shall be in writing and shall state the grounds therefor. The notice shall be personally served or served by mail on the permit applicant.

(Ord. No. 1087, § 7; Ord. No. 1177, § 2)

14-9.7 Permit Conditions. The chief of police may condition the issuance of a charitable solicitation permit to insure compliance with the provisions of section 14-9, other provisions of this code or State law, provided such conditions shall not unreasonably restrict the right of free speech. The chief of police may condition the issuance of a permit to conduct a charitable solicitation in a park, other city property, on a public street, sidewalk, or right-of-way to protect the safety of persons and property, and the control of vehicular and pedestrian traffic. It shall be unlawful for the permittee or any employee or agent thereof to violate the terms and conditions of the permit.

(Ord. No. 1087, § 8)

14-9.8 Appeal of Permit condition or Denial.

The applicant may appeal a permit condition or denial to the city council. Notice of such appeal stating the grounds therefor shall be filed with the city clerk within ten days after notice of the permit denial. Such notices shall be deemed given by the chief of police on the date of personal service or deposit in the United States mail. If the appeal is timely filed, the city council shall hear the appeal at its next regular meeting. The appeal

must be filed no later than noon, one calendar week preceding the next regular city council meeting, to be placed on that meeting's agenda. The city council may affirm, modify or overrule the decision of the chief of police.

If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the charitable solicitation is to commence, the applicant may, at his option, request the city clerk to schedule the appeal before the city manager instead of the city council. The city manager or his designee shall hold a hearing not later than two business days after the filing of the appeal, and will render his decision no later than one business day after bearing the appeal. The city manager may affirm, modify or overrule the decision of the chief of police.

(Ord. No. 1087, § 9)

14-9.9 Term of Permit. A commercial solicitation permit shall expire one year from the date of issuance.

(Ord. No. 1087, § 10)

14-9.10 Form of Permit. The charitable solicitation permit shall be on a form prescribed by the city and shall contain the following information:

The name of the individual permit applicant.

The name and address of the organization, association, corporation, or other entity on whose behalf the charitable solicitation is being made.

The date(s) the permit is valid.

Permit number.

A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers, or employees of the charitable solicitation.

(Ord. No. 1087, § 11)

14-9.11 Credentials for All Agents of the Permittee. The permittee shall furnish as credentials to each of its agents a copy of the charitable solicitation permit, upon which the permittee shall cause to be located the name and signature of the individual agent. It shall be unlawful for the permittee to furnish such credentials for use in charitable solicitation within the city to an agent unless the name, address and telephone number of the agent has been provided in writing in advance of the commercial solicitation to the chief of police pursuant to subsection 14-9.4.

(Ord. No. 1087, § 12)

14-9.12 Permit Nontransferable. Charitable solicitation permits are nontransferable.

(Ord. No. 1087, § 13)

14-9.13 Display of Permit and Credentials. Permittees are required to exhibit the charitable solicitation permit upon request of any person being solicited or at the request of a law enforcement officer. Agents are required to exhibit their credentials, as described in subsection 14-9.11, upon request of any person being solicited or at the request of a law enforcement officer. The permittee/agent while engaging in door-to-door charitable solicitation shall carry the permit/credentials on his person.

(Ord. No. 1087, § 14)

14-9.14 Charitable Solicitation at Certain Premises Prohibited. No person shall engage in charitable solicitation at any residential dwelling or other premises within the city which are painted or posted with a sign bearing the words "No Solicitors" or other words of similar meaning.

(Ord. No. 1087, § 15)

14-9.15 Misrepresentation Prohibited. It shall be unlawful for any person while conducting a charitable solicitation within the city to perpetuate any deception or fraud, or misrepresent in words, writing or action any of the following:

His identity, including his name, age, occupation, financial condition, and place of residence.

The identity of the individual, organization, association, corporation, or other entity which has been issued the charitable solicitation permit.

The purpose of the charitable solicitation.

That the charitable solicitation permit issued wider section 14-9 of this code is an endorsement by the city or any department, employee, or officer thereof of the charitable solicitation.

(Ord. No. 1087, § 16)

14-9.16 Permit Revocation or Suspension and Appeal Thereof.

A charitable solicitation permit may be revoked or suspended by the chief of police for any of the grounds specified for permit denial in subsection 14-9.6a. of this code.

Notice of the permit revocation or suspension stating the grounds therefor shall be personally served or served by mail on the permittee. Service by mail shall be deemed complete upon posting in the United States mails. The applicant may appeal a permit suspension or revocation by filing a notice of appeal with the city within ten days of service by the chief of police of the permit revocation/or suspension. If an appeal is timely filed, the city council shall hold a hearing at its next regular meeting. The appeal must be filed no later than noon, the week preceding the next regular meeting to be placed on that meeting's agenda. The city council may affirm, modify or overrule the decision of the chief of police.

(Ord. No. 1087, § 17)

14-9.17 Violation and Penalties. Any person violating any provision of section 14-9 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as specified in Chapter 1, section 1-5 of this code.

(Ord. No. 1087, § 18)

14-10 - Alcoholic Beverages on Public Property Prohibited.

14-10.1 Consume, Dispense, or Furnish in Certain Places. It shall be unlawful for any person to consume, dispense, or furnish any alcoholic beverages upon a public sidewalk, public pedestrian way, public street, or publicly-owned open space, creek or creek right-of-way in this city, without first obtaining a permit from the chief of police to allow the dispensation of such beverages.

Application for such a permit shall be on a form provided by the police department and must be submitted at least 30 days prior to the date of dispensation on such public property.

In reviewing the permit application, the chief of police shall take into consideration the time, place, and manner of the event, the public health and safety factors, the appearance of the city property if the permit were granted, any adverse background factors involving the applicant or involving any relevant aspect of the event and, in general, the best interests of the city.

The chief of police may deny the application if, in his best judgment, taking into consideration the above factors, it would not be in the public interest to grant the permit. Any decision of the chief of police may be appealed directly to the city council.

The permit shall specify, among other things, the time and location for the consumption, dispensation, and furnishing of such alcoholic beverages.

(Ord. No. 857, §1; Ord. No. 1017, §1)

14-10.2 City Parks, Playgrounds or Recreation Areas. It shall be unlawful for any person to possess, consume, dispense or furnish any alcoholic beverages in any city park, playground or recreation area, except as part of a group activity in a designated group picnic area for which a park permit has been issued pursuant to section 10-4 of this code, and only after having obtained the appropriate permit from the city, allowing the possession, consumption and dispensing of alcoholic beverages.

(Ord. No. 857, § 2; Ord. No. 1178, § 1; Ord. No. 1185, § 1)

14-10.3 State Law Predominate. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the State of California.

(Ord. No. 857, § 3)

14-10.4 Penalties. Any person convicted of a violation of this section is guilty of a misdemeanor and shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment.

(Ord. No. 857, § 4)

14-11 - Controlled Substance Paraphernalia.

14-11.1 Minors. No owner, manager, proprietor or other person in charge of any room in any place of business selling, or displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia for smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health & Safety Code of the State of California, other than a drug for which a prescription has been issued, as well as roach clips, and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of 18 years to be remain in, enter, or visit such room unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian.

(Ord. No. 869, § 1)

14-11.2 Minors Excluded. No person under the age of 18 shall be, remain in, enter or visit any room in any place used for the sale, or displaying for the purpose of sale, devices, contrivances, instruments or paraphernalia for smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health & Safety Code of the State of California, other than a drug for which a prescription has been issued, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless such person is accompanied by one of his or her parents, or his or her legal guardian.

(Ord. No. 869, § 2)

14-11.3 Sale and Display Rooms. A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell, of devices, contrivances, instruments or paraphernalia for smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health & Safety Code of the State of California, other than drugs for which a prescription has been issued, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless such display or offering is maintained within a separate room or enclosure from which minors not accompanied by a parent or legal guardian are excluded.

Each entrance to such a room shall be posted with a sign in reasonably visible and legible words, with letters at least two inches in height, to the effect that narcotics paraphernalia are being offered for sale in such a room and that minors, unless accompanied by a parent or legal guardian, are excluded.

(Ord. No. 869, § 3)

14-11.4 Same; Nuisance. The distribution or possession for the purpose of sale, exhibition or display in any place of business from which minors are not excluded as set forth in this section, of devices, contrivances, instruments, or paraphernalia for smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health & Safety Code of the State of California, other than drugs for which a prescription has been issued, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State of California. This remedy is in addition to

any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this section.

(Ord. No. 869, § 4)

14-11.5 Penalty. Any person who is convicted of a violation of this section is guilty of a misdemeanor and shall be punishable by a fine not to exceed five hundred ($500.00) dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

(Ord. No. 869, § 5)

14-12 - Private Patrol Operators.

14-12.1 Definitions. "Private patrol operator" shall mean a person, other than an armored contract carrier, who for any consideration whatsoever, agrees to furnish, or furnishes, a watchman, guard, patrolman, or other person to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation, or concealment of goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind; or performs the service of such watchman, guard, patrolman, or other person for any of these purposes; or as defined in Business and Professions Code Section 7521, or in Section 7521 as hereinafter amended.

(Ord. No. 1142)

14-12.2 Uniform. The chief of police shall approve and may designate the type and color of uniform to be worn by private patrol operators. Uniformed patrol persons shall wear their uniforms at all times while on duty. Private patrol operators are prohibited at all times from using any term or title which would indicate to the public any official connection with any law enforcement agency with jurisdiction in the County of Marin or in the City of Novato.

(Ord. No. 1142)

14-12.3 Insignia. The chief of police shall approve any insignia and badge to be worn by the private patrol operator.

(Ord. No. 1142)

14-12.4 Motor Vehicles.

Identification and Markings. The chief of police shall approve and may designate identification markings or insignia to be placed on any motor vehicle used in the operation of any private patrol service. A private patrol operator shall not use or permit to be used for purposes of patrolling, any vehicle which is not marked and identifiable with approved markings of insignia in accordance with rules and regulations adopted by the chief of police. No vehicle used by a private patrol operator shall be painted in a manner similar to a police vehicle of the City of Novato or other law enforcement agency with jurisdiction in the County of Marin or in the City of Novato.

Lights and Sirens. No vehicle used by a private patrol operator, except private patrol vehicles operated under the auspices of the department of defense within the confines of Hamilton Air Force Base, shall be equipped with a red light and siren.

(Ord. No. 1142)

14-13 - Noise—Public Nuisance.

14-13.1 Noise in General. It shall be unlawful and a nuisance for any person between the hours of 10:00 p.m. and 6:00 a.m., within the city persistently to maintain, emit, cause (mechanically or otherwise), or permit any animal owned by or in the possession or control of that person, to emit any noise or sound which, by reason of its raucous or nerve-racking nature, disturbs the peace or comfort or injures the health of any person of normal sensitivity residing within the area provided, however, that poultry and/or livestock in an agriculturally zoned area shall be exempt.

The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include, but shall not be limited to, the following:

The level, intensity, character and duration of the noise;

The level, intensity and character of the background noise, if any; and

The place and zoning district where the noise occurred.

(Ord. No. 1183, § 1)

14-14 - Concealable Firearms; Sales.

14-14.1 Permit Required. No person shall within the city engage in the business of selling or otherwise transferring any handgun, pistol, revolver or other firearm capable of being concealed upon the person without first having received a revocable permit from the chief of police authorizing such person to make such sales.

(Ord. No. 1182, § 1)

14-14.2 Permit Application and Issuance. The chief of police shall issue a revocable permit for the sale of firearms described in this section upon the receiving of an application accompanied by a fee in an amount established by the city council by resolution for the first issuance or for any subsequent renewal of such a permit, whenever:

The applicant has an established place of business within the city; and

The applicant is a person of good moral character and has not been convicted of any felony or misdemeanor involving the violation of any law of the State of California or ordinance of the city relating to the owning, carrying, sale, use or registration of any firearm or dangerous or deadly weapon. Such permit shall be revocable for cause, which cause shall include, but shall not necessarily be limited to violation of subsection 14-14.4 and/or falsification of the information contained on the application required by this section.

(Ord. No. 1182, § 1)

14-14.3 Permit Forms; Term. No permit shall be issued by the chief of police except on a form prescribed by the Attorney General of the State of California. All permits so issued shall expire upon January 1st, next following the date of issuance or upon the cessation or change of location of business for which such permit is issued, whichever is sooner.

(Ord. No. 1182, § 1)

14-14.4 Conditions of Permit, Revocation. Any permit issued shall be subject to all of the following conditions, the breach of any of which shall be sufficient cause for revocation of the permit by the chief of police:

The business shall be carried on only in the building designated in the license.

The license or a copy thereof, certified by the issuing authority shall be displayed on the premises where it can easily be seen.

No pistol or revolver shall be delivered within 15 days of the application for the purchase, and in addition, the purchaser must be personally known to the seller or the purchaser must present clear evidence of his identity to the seller.

No pistol or revolver shall be delivered unless it is unloaded and securely wrapped, or unloaded and in a locked container.

No pistol or revolver shall be delivered whenever the seller is notified by the police department that a purchaser is in a prohibited class described in Section 12021 or Section 12021.1 of the Penal Code or Section 8100 or 8103 of the Welfare and Institutions Code.

No pistol or revolver, or imitation thereof~ or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.

(Ord. No. 1182, § 1)

14-15 - Pacheco Pond Wildlife Area.

14-15.1 Prohibited Conduct. No person within the Pacheco Pond Wildlife area shall:

Launch, operate or use any vessel, boat or watercraft of any description; or launch, operate or use any model boat of any description.

Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any bird or animal, nor shall any person remove or have in his possession the young of any wild animal, or the eggs, nest or young of any bird.

Use, carry or possess firearms of any description or air rifle, pellet gun, spring gun, bow and arrows, slings, or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device.

Throw, discharge or otherwise place or cause to be placed in the waters of the pond or any tributary, storm sewer, or any drain flowing into the waters of the pond, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters.

Build, set or maintain any open fire, campfire, or fire in any and all types of braziers, portable or otherwise, used for or intended to be used for cooking, lighting or heating purposes, or camp within said area.

Allow a domestic animal to run at large in the area or enter the waters of Pacheco Pond. All domestic animals shall be restrained at all times on adequate leashes not greater than ten feet in length.

Swim, bathe or wade in any waters of the wildlife area.

Bring or have in his possession, or set off or otherwise cause to explode, discharge or burn, any firecracker, torpedo, rocket or other fireworks or explosives of inflammable material.

Drive, park or operate any motorized vehicle, except in designated areas.

No person shall dump, deposit or leave any bottles, glass, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, trash or bait anywhere within the wildlife area, but such items shall be placed in the proper receptacles,

where these are provided. Where receptacles are not so provided, all rubbish or waste shall be carried away from District lands by the person responsible for its presence and properly disposed of elsewhere.

Fish from any area or in any manner except that sport fishing with rod and line will be allowed from the shore only and only in the area immediately adjacent to the existing parking area.

Hike, walk, bird watch, or nature study in any area other than the parking area adjacent to Bel Marin Keys Boulevard.

(Ord. No. 1203, § 1; Ord. No. 1268, § 1)

14-15.2 Closed Areas. No person shall enter any area posted closed for purposes of fish, bird or wildlife preservation or enhancement, or due to work in progress, or a potential dangerous condition or potential fire hazard.

(Ord. No. 1203, § 2)

14-15.3 Ejection of Violators. Any person using or acting in violation of this section shall be ejected from the Pacheco Pond Wildlife Area.

(Ord. No. 1203, § 3)

14-15.4 Posting. A reasonable number of signs shall be posted in the Pacheco Pond Wildlife Area noticing users of the prohibitions contained in this section.

(Ord. No. 1203, § 4)

14-15.5 Penalty for Violation. Any person violating any provision of this section shall be guilty of an infraction, and upon conviction thereof shall be punished in accordance with California Penal Code Sections 16(3), 17(d) and 19(e).

(Ord. No. 1203, § 5)

14-16 - Unlawful Minor Gatherings and Response Costs.

14-16.1 Purpose and Findings. The city council of the City of Novato does hereby find and declare all of the following:

The consumption of alcohol, controlled substances and/or marijuana by persons under the age of 21 years is unlawful and presents a threat to the well-being of the minor consuming alcohol and other persons having contact with the minor that has consumed alcohol;

Any party or gathering where the person owning or controlling the premises or event suffers or permits any minor to consume alcohol, controlled substances, and/or marijuana is being conducted in a manner that is not

properly supervised or controlled and presents a threat to the public safety, health, and welfare;

Unsupervised parties on private property where alcohol, controlled substances, and/or marijuana is consumed by minors constitute a potential hazard for the partygoers and those who might come into contact with them during the party or after the minor leaves the party and enters the public;

Control by the police of unsupervised parties, gatherings, or events on private property at which alcohol, controlled substances, and/or marijuana is consumed by minors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public;

The occurrence of parties or gatherings at which minors consume alcohol contributes to an increase in alcohol abuse and driving under the influence by minors, excessive noise, traffic, and vandalism within the neighborhood or area of the party or gathering, and threatens public safety by permitting violations of law to go unpunished and unabated and increasing the risks of alcohol-related incidents causing personal injury and/or death;

Police responses associated with dispersing parties and gatherings where alcohol, controlled substances, and/or marijuana is consumed by minors and controlling participants at such parties and gatherings cause a shift of police manpower and resources. The costs of manpower and resources in responding to such parties and gatherings or incidents resulting from such parties or gatherings divert law enforcement resources from other law enforcement activities that are necessary to protect the public safety and welfare; and

State law prohibiting conduct which contributes to the delinquency of minors does not address liability for allowing consumption of alcohol, controlled substances, and/or marijuana by persons who are 18 years of age or older on premises under the control of the adult.

(Ord. No. 1277, § 1; Ord. No. 1514, § 1)

(Ord. No. 1624, § 1, 11-14-2017)

14-16.2 Definitions. For the purpose of this section, the following definitions shall apply:

"Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

"Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume and

which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

"Controlled Substance" means a drug or substance described in California Health and Safety Code Section 11007, as it may be amended or superseded, provided that the term does not include any drug or substance for which an individual found to have possessed or consumed such drug or substance has a valid prescription or recommendation issued by a licensed medical practitioner authorized to issue such a prescription.

"Marijuana" means all parts, as a whole or in part, of the Cannabis plant, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin and includes concentrated marijuana. The prohibition herein includes marijuana in any form including, but limited to, cigarettes, vapor, food products containing marijuana or concentrated marijuana and any other product of marijuana that can be smoked or ingested.

"Minor" means any person less than 21 years of age.

"Party, gathering, or event" means a group of persons who have assembled, or are assembling, for a social occasion or for a social activity that is occurring at a place where alcohol is being consumed by one or more persons.

"Partygoer" means any person attending the party, gathering or event, or in the vicinity of the party, gathering, or event with the purpose of attending the party, gathering, or event. Partygoer does not include any person responsible for the event.

"Person responsible for the event" means any person who owns, rents, leases, or otherwise has control of the premises where the party, gathering, or event takes place, the person in charge of the premises, and/or the person who organized the event. If the person responsible for the event is under 18 years of age and is not emancipated within the meaning of the Family Code, then the parent(s) or guardian(s) of that person will be jointly and severally liable for the costs incurred for police services pursuant to this section.

"Police services" include the salaries and benefits paid to the police officers for the amount of time actually spent in responding to, or in remaining at, the party, gathering, or event at a rate established by resolution of the city council, the actual cost of any medical treatment to injured officers, and the cost of repairing any damaged city equipment or property.

"Restorative Justice Program" means a program accredited or approved by a California Superior Court or by the Director of the Marin County Department of Health and Human Services or his/her designee, which incorporates restorative practices in an effort [to] reduce youth recidivism and deter future adult criminality.

"Threat to the public peace, health, safety or general welfare" shall mean any of the following: excessive noise, vandalism, boisterous or unruly conduct, street congestion, public drinking, fighting, disturbance of the peace of the neighborhood in which the event is taking place, or any violation of law committed by a partygoer.

(Ord. No. 1277, § 1; Ord. No. 1514, § 1)

(Ord. No. 1624, § 1, 11-14-2017)

14-16.3 Unlawful Minor Gatherings on Private Property. Except as permitted by Article 1, Section 4, of the California Constitution, no person shall suffer, permit, allow, or host a party, gathering or event at his or her place of residence or other private property, place, or premises under his or her control (including, but not limited to, rental halls or facilities, whether publically or privately owned and maintained, and rental vehicles of any type or vehicles of any type licensed and/or hired to transport passengers in return for payment of a fare) where two or more minors are present and alcoholic beverages, controlled substances and/or marijuana are in the possession of, or being consumed by, one or more minors. A violation of this section shall constitute a misdemeanor, punishable as set forth in subsection 14-16.3a. of this code.

Violations/Civil Fines/Mandatory Community Service: Violation of this section shall constitute a Misdemeanor punishable as follows:

Adult Offender: An adult offender, for the purposes of this section, is a person 18 years of age or above at the time of violation. A violation of this section by an adult offender shall be punishable by a one thousand ($1,000.00) dollar fine.

Juvenile Offender: A juvenile offender, for the purposes of this section, is a person under 18 years of age at the time of violation. A first violation of this section by a juvenile offender shall be punishable by 45 hours of community service; a second, and subsequent violation shall be punishable by 100 hours of community service or a one thousand ($1,000.00) dollar fine. For the first violation by a juvenile offender, community service shall be performed through mandatory participation and successful completion of a restorative justice program. The violator shall be responsible for paying the standards fees for the cost of the restorative justice program. Failure to successfully complete the restorative justice program shall be punishable by a one thousand ($1,000.00) dollar fine.

(Ord. No. 1277, § 1; Ord. No. 1514, § 1)

(Ord. No. 1624, § 1, 11-14-2017)

14-16.4 Police Services at Parties, Gatherings or Events Requiring a Second Response. When a party, gathering or event occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety, or general welfare, the person(s) responsible for the event will be held liable for the cost of providing police services during a second or additional response by the police, after a first warning to the person(s) responsible for the event to control the party, gathering, or event. The second or additional response may also result in the arrest and/or citation of any person in violation of the California Penal Code, this section, or any other provisions of this code.

(Ord. No. 1277, § 1; Ord. No. 1514, § 1)

(Ord. No. 1624, § 1, 11-14-2017)

14-16.5 Police Services Cost. The police services cost to be assessed under this section shall include the cost of personnel and equipment, but shall not exceed two thousand ($2,000.00) dollars for a single party, gathering, or event, provided, however, that the city does not hereby waive its right to seek reimbursement for actual costs exceeding two thousand ($2,000.00) dollars through other legal remedies. The amount of cost for providing police services shall be deemed a debt owed to the city by the person responsible for the event. If the person responsible for the event is under 18 years of age and is not emancipated within the meaning of the Family Code the parents or guardians of the person responsible for the event shall be jointly and severally liable. Any person liable under this section for the costs of providing police services shall be liable in an action brought in the name of the city for recovery of such costs, including reasonable attorney's fees incurred by the city in recovering the costs under this section. In addition to the remedies provided by this section, the city may seek to recover costs for damage to any city-owned property that arises out of a violation of this section.

(Ord. No. 1277, § 1; Ord. No. 1514, § 1)

(Ord. No. 1624, § 1, 11-14-2017)

14-17 - Pets Prohibited From Public Festival Areas.

14-17.1 Findings. The police chief has recommended that the city council prohibit pets from public festival areas to assure the safety and protection of persons who attend the festival; and the city council finds and determines that the safety and protection of persons who attend public festivals require the prohibition of pets from said gatherings.

(Ord. No. 1296, § 1)

14-17.2 Definitions.

Pets shall include all domestic animals.

Public festival shall mean all events permitted by the City of Novato that result in the gathering of people in areas closed to automobile traffic, including, but not limited to, the Novato Festival of Art and Music and the Novato Farmers Market.

(Ord. No. 1296, § 2)

14-17.3 Prohibition of Pets. Pets are hereby prohibited from all public festival areas during the hours in which the public festival is in operation.

The prohibition of pets shall not apply to guide dogs and other service animals to assist disabled persons who attend the public festival, nor shall it apply to animals participating in a parade duly permitted under Novato Municipal Code section 15-3.

(Ord. No. 1296, § 3)

14-17.4 Notices. Organizers of public festivals shall post notices warning of the prohibition and shall cite this section.

(Ord. No. 1296, § 4)

14-17.5 Enforcement. Violations of this section shall be punishable as infractions pursuant to Novato Municipal Code subsection 1-5.1.

(Ord. No. 1296, § 5)

14-18 - Burglary and Alarm System Ordinance.

14-18.020 Purpose. The purpose of this chapter is to regulate the use of alarm systems and to reduce the incidents of false alarms at business and residential structures. This will give members of the police department more time to combat crime in Novato, thereby furthering the health, safety and welfare of the citizens of Novato.

This chapter is not enacted pursuant to the power to license or tax business for revenue purposes. Any fee or charge authorized by this chapter is for the sole purpose of defraying the cost and expense of investigation of applicants for licensing or registration, processing of applications, issuance of licenses or registrations, and regulation of the activities of the above mentioned alarm systems.

(Ord. No. 1440)

14-18.030 Definitions. For the purpose of this chapter, the following words and phrases shall have the meaning respectfully described to them by this section:

"Alarm Company" shall be defined as any person, retail establishment, organization, answering service, central station or modified central station, that installs, connects, or monitors burglary, robbery, or other alarm security systems for profit or other consideration.

"Alarm System" means any mechanical or electrical device which is designed or used for protection against an unauthorized entry into a building, structure or facility or for alerting others of the commission of an unlawful act within a building, structure, or facility, and which emits a sound or transmits a signal or a message, when activated. The following devices shall not constitute an alarm system within the meanings of this chapter:

Alarm devices affixed to motor vehicles; and

Alarm devices installed on a temporary basis by the police department.

"Alarm User" means any person, firm, partnership/corporation or other entity which uses an alarm system at its site.

"Permittee" means the person to whom an alarm system permit is issued.

"Answering Service" means a telephone answering service which provides, among its services, the reception, on a continuous basis, of emergency signals from an alarm system, and the subsequent immediate relaying of said messages based on such signals by live voice to the communication center of the police department.

"Automatic Dialing Device" means an alarm which automatically sends, over regular telephone lines, by direct connection or otherwise, a pre-recorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect.

"Cancellation" means an alarm company has verified with the alarm user or responsible party, that a false dispatch has occurred and that there is not an existing situation at the alarm site requiring law enforcement agency response.

"Central Station" means an office to which alarm systems are connected, where operators supervise the circuits, and where guards and/or service persons are continuously present to investigate certain signals.

"Direct Line" means a telephone line leading directly from a central station to the communications center of the police department where said line is used only to report emergency signals on a person-to-person basis.

"Emergency" means the commission or attempted commission of a robbery or burglary, other felony or felony in commission.

Excessive False Alarms. An alarm system shall be deemed to actuate excessive false alarms when there are two or more false alarms within a consecutive 365-day period. If a permittee presents sufficient proof that a particular false alarm was caused by an event or acts specified in subsection 1 of this section, said false alarm shall not be counted against the permittee in determining whether the permittee's alarm system actuated the excessive false alarms.

"False Alarm" means the activation of an alarm system which results in a response by the police department where an emergency does not exist. False alarms which fall into the following four categories shall not be counted against a permittee under section 14-18.140 for the purpose of revocation of an alarm system permit.

False alarms which the permittee can demonstrate were caused by severe storms, earthquakes, or other violent acts of nature; and

False alarms which the permittee can demonstrate were actually caused by the act of some person other than:

(a)

An alarm user;

(b)

The person who installed, connected, operated, maintained or serviced the alarm system; or

(c)

The manufacturer of the alarm system, including the manufacturer's officers, agents, employees, independent contractors and any other persons subject to the direct or indirect control of the manufacturer.

False alarms which occur during the 30 days following the date of new alarm systems installation.

Alarm responses which were canceled prior to the officers arriving at the alarm location.

Felony. The word "felony" as defined in Penal Code Section 17, means a crime which is punishable by death or imprisonment in the State Prison.

"Interconnect" means to connect an alarm system to a telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon activation of the alarm system.

"Liaison" means the person designated by the Chief of Police to be available to alarm companies to help resolve disputed false alarms.

"Modified Central Station" means an office to which alarm systems are connected, where operators supervise the circuits but where guards are not present to investigate alarm systems.

"Panic Alarm" means any electrical or mechanical device assigned to enable an individual, 24 hours a day, to instantly alert others of the existence of an emergency (as defined in subsection j of this section) by the sounding of an audible alarm or transmitting a signal or message when activated.

"Primary Trunk Line" means a telephone line leading directly into the communications center of the police department, including 9-1-1 emergency lines for the purpose of handling emergency calls on a person-to- person basis, which is identified as such by a specific number included among the emergency numbers listed in the telephone directory issued by the telephone company covering the service area within the police department's jurisdiction.

"Robbery Alarm System" means any device or system designed to be operated night or day to instantly transmit a silent signal to alert others of an actual armed robbery or holdup in-progress.

"Siren" means any audible noise similar to that which must be sounded by an authorized emergency vehicle under the conditions set forth in Section 21055 of the California Vehicle Code.

Special Trunk Line. The phrase "special trunk line" means a telephone line leading to the communications center of the police department and having the primary purpose of handling emergency signals or messages originating through a central station, modified central station, or answering service.

(Ord. No. 1440)

(Ord. No. 1549, § 1, 6-8-2010)

14-18.040 Alarm Company Duties. Alarm companies as defined in this ordinance shall not provide, install, or maintain any alarm system unless it complies with the provisions of this ordinance. Such companies must be licensed in accordance with the Business Professions Code section 7590 et seq.

Audible Alarm Systems—Siren Limitations.

No alarm system which emits the sound level of an emergency vehicle siren shall be installed or connected on or after the effective date of the ordinance codified in this chapter. This section shall not be construed to prohibit the use of certain electronic horns or howlers that may be approved by the police chief or his designated representative.

Any alarm system which emits a sound level of an emergency vehicle siren and which is installed and in operation prior to the effective date of the ordinance codified in this chapter shall be disconnected within 30 days after the effective date of the ordinance codified in this chapter. Anyone who installs or permits the installation of, or use of such an alarm system, is guilty of an infraction as provided in section 14-18.180(a)(1).

Automatic Shut-Off Required. Any alarm system installed or connected on or after the effective date of the ordinance codified in this chapter that, when activated, generates an audible sound on the exterior of the structure in which the system is maintained, shall have as part of the alarm system an automatic shut-off device which shuts off the alarm system within 10 minutes of the initial activation. Any alarm system installed and in operation prior to the effective date of the ordinance codified in this chapter that when activated generates an audible sound on the exterior of the structure in which the system is maintained, shall have such an automatic shut-off device, as described above, installed and in operation within 30 days after the effective date of this chapter.

Any person who uses, or causes the installation of an audible alarm system without the required shut-off is guilty of an infraction as provided in section 14-18.180(a)(1).

An alarm company who installed an audible alarm system without the required shut-off is guilty of an infraction as provided in section 14-18.180(a)(1).

Alarm Verification. Alarm companies shall attempt to verify every alarm signal, except robbery and panic alarm activations, before requesting a law enforcement response to that signal. An alarm signal found to be false shall be canceled.

Alarm User Records. Alarm companies shall maintain current information on alarm users to include, but not be limited to, the name, complete address and phone number of the user. It shall also include the name and phone numbers of at least two individuals who are able and willing to respond to the alarm site, are able to grant access to the alarm site, and can deactivate the alarm system should it be necessary.

(Ord. No. 1440)

14-18.050 Automatic Dialing Devices Prohibited.

No automatic dialing device shall transmit a signal directly to the Novato Police Department after the effective date of this ordinance. Any person who makes or permits the transmission of a signal directly to the police department is guilty of an infraction as provided in section 14-18.180 (a)(1).

Persons owning or leasing an automatic dialing device may have the device transmit a signal by use of a telephone line directly to:

A central station;

A modified central station; or

An answering service.

No automatic dialing device shall transmit a signal directly to a telephone company operator, a city telephone number, or 9-1-1 emergency center operator.

(Ord. No. 1440)

14-18.060 Robbery and Panic Alarm Systems.

Robbery Alarm System. A robbery alarm system is designed to be activated only in the event of a robbery. Any other use is prohibited. Any person who violates this subsection is guilty of either an infraction or a misdemeanor provided in section 14-18.180(a)(2).

Panic Alarm. The indiscriminate activation of a panic alarm by any person for a reason other than signifying an emergency as defined in section 14-18.030(h) is prohibited and is punishable in accordance with section 14- 18.180(a)(1) of this chapter.

(Ord. No. 1440)

14-18.070 Permits Required.

Individual Users.

No property owner or person in possession of property shall cause an alarm system to be installed, connected, operated or maintained upon any parcel of real property within the city without first obtaining an alarm system permit. Said permit shall be issued in accordance with the provisions of this chapter. Any such person who causes an alarm system to be installed, connected, operated or maintained without first obtaining a permit as required in this section is guilty of an infraction as provided in section 14-18.180(a)(3).

Alarm Companies: Installation or Connection of Alarm Systems.

No alarm company shall install or connect an alarm system upon any real property within the city without first performing whichever of the following acts is most feasible:

(a)

Obtaining a copy of the alarm system permit from the permittee or the city;

(b)

Notifying the city by written declaration executed under penalty of perjury that the permit application and appropriate fees have been mailed or personally delivered to the city. This declaration shall be signed by an authorized agent of the alarm company;

(c)

Obtaining from the permittee a written declaration executed under penalty of perjury that the said user has previously mailed the permit application and fees to the city. The declaration shall be witnessed by the signature of an authorized agent of the alarm company. This declaration shall also be personally delivered or mailed to the city by the alarm company.

Either of the declarations listed in subsection (b)(1)(b) and (b)(1)(c) of this section shall be served or given the city within three business days of installing or connecting an alarm system.

Any alarm company who installs or connects an alarm system without complying with one of the requirements listed in subsection (b)(1)(a) through (b)(1)(c) of this section is guilty of an infraction as provided in section 14- 18.180(a)(1).

Alarm Companies: Maintenance of Alarm Systems.

Once an alarm company has established that the subscriber of an alarm system to be installed or maintained by the alarm company has a valid permit or has complied with the provisions of section 14-18.070(b) the alarm company shall maintain the alarm system until such time it has been notified by Certified Mail of a revocation of the permits by the city in accordance with the provisions of this chapter or until the alarm user terminates the agreement. Where the service and alarm company has been notified of a revocation of a permit by the city, said company shall place the alarm system in a non-dispatch site status and police shall not be requested to respond to alarms from the system.

(Ord. No. 1440)

14-18.080 Permit Applications.

Permit Applications and Re-applications.

Application and re-application forms for an alarm system permit shall be obtained from the City of Novato finance department. Such applications and re-applications shall contain the name, address and telephone number of the person who will respond to the alarm or render service or repairs to the alarm during any hour of the day or night and such additional information as the chief of police shall deem reasonably necessary for the evaluation and proper processing of the permit application. Upon receipt of the completed permit application form and the permit application fee, the finance department will forward the application form to the chief of police. If approved, the permit shall be issued in the name of the subscriber only. Every alarm permit shall be kept on the premises where the alarm system is installed for use.

Any person who operates or maintains more than one alarm system on any business or residential property may, at his option, apply for a single permit for that particular property or for separate permits for each alarm system operated or maintained on said property; provided, however, that if such a person chooses to secure a separate permit for each alarm system, a separate application shall be submitted for each such system. If one permit is obtained for a number of alarm systems at one location, false alarms by any combination of those systems shall be counted towards the determination of excessive false alarms as provided in section 14- 18.030(k). Where multiple permits exist for multiple systems at one address, false alarms will be charged to the proper permit or alarm system.

Confidentiality. The information furnished and secured pursuant to this chapter shall be confidential in nature and shall not be subject to public inspection. The information shall be kept so that the contents thereof shall not be disclosed except to persons charged with the administration of this chapter. It is hereby declared that the public interest is served by not making the information public clearly outweighs the public.

(Ord. No. 1440)

14-18.090 Permit Fee. Every application for an alarm system permit shall be accompanied by a non-refundable permit fee in an amount to be determined by resolution of the city council. The amount of the fee shall be established to defray cost of processing, permits and administering the alarm permit program and shall be in addition to any other permit fee imposed by the Novato Municipal Code.

(Ord. No. 1440)

14-18.100 Issuance of Permit.

By Whom Issued. The chief of police or his/her designated representative may issue an alarm system permit after the requirements of this chapter have been met. The chief of police may deny any application, renewal or

re-application, or revoke any alarm system permit used to provide security for any illegal activity.

To Whom Issued. An alarm system permit may be issued to the owner or person in possession of the real property which the alarm system is designed to protect.

(Ord. No. 1440)

14-18.110 Terms of Permit — Notice to Alarm Company.

Terms of Permit. Each alarm system permit issued shall remain valid until such time one or more of the following conditions exist:

The location of the premises changes;

The ownership of the premises changes;

The alarm company changes;

The alarm system permit is revoked;

The alarm system is terminated by the subscriber.

Notice to Alarm Companies. Notice of revocation of alarm system permit by the city shall be served on the servicing alarm company.

(Ord. No. 1440)

14-18.120 Transfer or Assignment of Permit.

Any alarm system permit issued in accordance with the provisions of this chapter shall be valid only to the permittee named on the permit for the premises identified on the permit, and only for the particular system or alarm system specified on the permit. No alarm system permit shall in any way be transferred or assigned without the written consent of the chief of police. Any request to transfer an alarm system permit shall be in writing and accompanied by a reasonable non-refundable fee in an amount to be determined by resolution of the city council. False alarms previously charged to the transferor shall not be charged to the transferee;

provided, however, that the chief of police may deny any request to transfer an alarm system permit where after investigation it appears that the transfer is requested for the purpose of allowing the transferor to avoid responsibility for prior false alarms.

(Ord. No. 1440)

14-18.130 Re-application for a Permit — Background Investigation — Re-issuances of Permit. Any permittee whose alarm system permit(s) is/are revoked may reapply for a new alarm system permit, but only in accordance with the procedures set forth in this section.

Re-application for Permit. All re-applications shall be submitted directly to the chief of police or his/her designee on such forms as may be prescribed. A re-application fee in an amount to be determined by the resolution to the city shall be charged.

Background Investigation. The chief of police or his/her designated representative shall investigate each re- application to determine whether the grounds for the prior revocation have been eliminated, or are not likely to occur again in the future. Such investigation may include, but shall not be limited to, an on-site investigation of the alarm system; an examination of the alarm system, and any specifications, diagrams, or descriptions pertaining thereto; and a prescribed test period of a reasonable duration.

Re-issuance of Permit. If after investigation, and in his/her sole discretion, the chief of police or his/her designated representative determines that the grounds for the prior revocation have been eliminated, or that such grounds are not likely to occur again in the future, an alarm system permit shall be issued to the owner or person in possession of the parcel of real property which the alarm system is sought to protect. The chief of police or his/her designated representative may impose such conditions on the alarm system permit as he deems reasonably necessary to insure that the permittee will comply with the provisions of this chapter.

(Ord. No. 1440)

14-18.140 Police Review of False Alarms.

Any permittee, who has two or more false alarms within a consecutive 365-day period shall be subject to fines and/or revocation as provided herein.

For each false alarm recorded between two and 12 within a consecutive 365-day period:

The police department shall notify both the permittee and the alarm company by mail of such fact, and direct a report to the chief of police or his/her designee.

Upon review of the report by the chief of police or his/her designee, a determination will be made, based on all of the information available, whether a fine will be assessed against the permittee. If a finding to assess a fine is made, a notice of the fine shall be mailed to both the permittee and the alarm company, if any. The notice shall specify the details of all excessive false alarms.

The fine(s) imposed pursuant to this subsection b. shall be in accordance with section 14-18.180(a)(3).

(Ord. No. 1440)

(Ord. No. 1549, § 2, 6-8-2010)

14-18.150 Alarm System Prohibitions.

Upon a final determination to impose a fine pursuant to section 14-18.140 and 14-18.180(a) of this chapter for the second and any subsequent false alarm within a consecutive 365-day period, the responsible party shall tender the fine assessed within 30 days of the date ordered. In the event the fine is not tendered, the continued operation of the alarm system by the permittee is unlawful and the unpaid balance will be subject to a charge of one and one-half percent per month, compounded monthly, in addition to the fine. The chief of police or his/her designee may revoke the alarm permit(s) of any permittee who has failed to tender any fine within 30 days of the date ordered.

(Ord. No. 1440)

(Ord. No. 1549, § 3, 6-8-2010)

14-18.160 Appeal Procedures.

Any party aggrieved by a decision by the chief of police or his/her designee made pursuant to section 14-