Oceanside Municipal Code Art. I Public Peace, Safety and Welfare

Footnotes:

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Note— See the editor's note at Ch. 20.

No person shall be or appear in any street, alley, sidewalk, parkway or any public place or place open to public view while carrying upon his person, or having in his immediate possession, any dangerous or deadly weapon. This section shall not be construed to duplicate prohibitions of California state statute, or to prohibit the possession of weapons expressly authorized by California state statute.

(Ord. Code, § 4134; Ord. No. 93-19, § 9, 10-13-93)

The restrictions contained in the preceding section shall not be deemed to prohibit the carrying of, or having possession of, ordinary tools or equipment carried by any person in connection with his trade, employment, business or profession, or for the purpose of legitimate sport or recreation.

(Ord. Code, § 4135; Ord. No. 93-19, § 3, 10-13-93)

No person, other than a duly elected or appointed peace officer, in the course of his duty as such, shall discharge a pistol, rifle, shotgun, air rifle or other firearm, by whatsoever name the same is known, at any time within the city.

(Ord. Code, § 4131; Ord. No. 93-19, § 3, 10-13-93)

State Law reference— Firing of firearms prohibited, Government Code, § 25840.

The city council may, from time to time, by resolution, designate an area within the city limits to which the preceding section shall not apply, and may, by resolution, permit the establishment of pistol or rifle ranges, trap shooting ranges, shooting galleries or other uses, where firearms may be discharged, as the council may deem advisable and proper.

(Ord. Code, § 4132; Ord. No. 93-19, § 3, 10-13-93)

As used in this chapter, the following terms have the following meanings:

Activity related to illegal drugs includes, but is not limited to, selling, purchasing, transporting, manufacturing, distributing, or using of any drug declared illegal under state or federal law or any drug paraphernalia, or the soliciting or advertising for sale, purchase, transportation, manufacture, distribution or use of any drug declared illegal under state or federal law or any drug paraphernalia.

Intentionally or with intent. All offenses defined in this chapter in which the mental culpability requirement is expressed as "intentionally" or "with intent" are declared to be specific intent offenses. A person acts "intentionally" or "with intent" when a person's conscious objective is to cause the specific result proscribed by the ordinance, regardless of whether or not the result actually occurred. Intent must be determined based on an evaluation of the particular circumstances of each case, and no specific circumstance or combination of specific circumstances are necessary in determining whether a person has the requisite intent.

Loiter means to delay, linger, sit, lie, or stand without a lawful purpose for remaining on the property; and

(1) With the intent of committing a crime as opportunity may be discovered or

(2) With the intent to use public property in a manner for which it is not intended.

Public restroom means any restroom owned or maintained by the City of Oceanside for use by the general public. The intended use for a public restroom is a place for individuals to use the toilet facilities, change in or out of beach or sports attire, or wash one's hands.

Public place means an area open to the public or exposed to public view, including but not limited to highways, streets, sidewalks, bridges, alleys, plazas, parks, trails, paths, driveways, parking lots, and public buildings, including the grounds enclosing those buildings.

(Ord. No. 17-OR0395-1, § 1, 6-21-17)

Editor's note— Ord. No. 17-OR0395-1, § 1, adopted June 21, 2017, in effect, repealed § 20.11 and enacted a new § 20.11 as set out herein. Former § 20.11 pertained to loitering and derived from Ord. No. 69-6; Ord. No. 83-28, adopted July 27, 1983; and Ord. No. 93-19, adopted October 13, 1993.

(a) It is unlawful for any person to loiter in or upon any public highway, street, alley, sidewalk, trail, path, crosswalk, bikepath, or other public way open for bicycle or pedestrian travel or otherwise occupy any portion thereof in such a manner as to unreasonably annoy or molest any pedestrian thereon or as to obstruct or unreasonably interfere with the free passage of bicyclists or pedestrians.

(b) It is unlawful for any person to loiter in any public place with the intent to commit any activity related to illegal drugs or any offense specified in Chapter 6 (commencing with Section 11350) and Chapter 6.5 (commencing with Section 11400) of the California Health and Safety Code.

(c) It is unlawful for any person to intentionally (1) loiter inside or within fifteen (15) feet of a public restroom or (2) block the ingress or egress of anyone attempting to use a public restroom; It shall further be unlawful to return to the same public restroom within twenty-four (24) hours after having been asked to leave by a peace officer for violating this section or within seventy-two (72) hours after having been cited under this section.

(d) Each and every day and any portion of any day during which a violation of this section is committed, continued or permitted shall constitute a separate offense.

(Ord. No. 17-OR0395-1, § 2, 6-21-17)

Editor's note— Ord. No. 17-OR0395-1, § 2, adopted June 21, 2017, in effect, repealed § 20.12 and enacted a new § 20.12 as set out herein. Former § 20.11 pertained to loitering for drug related activity and derived from Ord. No. 93-19, adopted October 13, 1993.

It shall be unlawful for any person to carry or possess while participating in any demonstration, rally, picket line or public assembly any object which is not comprised of wood except as otherwise provided in this section. Each object must be one-fourth (¼) inch or less in thickness and two (2) inches or less in width or if not generally rectangular in shape, such object shall not exceed one-half (½) inch in its thickest dimension. This section shall not pertain to those materials consisting of paper, cardboard or cloth.

(Ord. No. 80-08, § 1, 2-27-80; Ord. No. 93-19, § 3, 10-13-93)

It shall be unlawful for any person to distribute or to solicit any printed or advertising material to any person or persons who may be riding in any vehicle or conveyance of any type, while the same is using any public street in the City of Oceanside for purposes of travel.

(Ord. No. 80-08, § 1, 2-27-80; Ord. No. 93-19, § 3, 10-13-93)

Cross reference— Solicitors, etc., Ch. 30.

It shall be unlawful for any person to attempt to stop or to stop any person or persons who may be riding in any vehicle or conveyance of any type, while same is upon any public street in the City of Oceanside for the purpose of travel, in order to distribute or solicit any printed or advertising material or to solicit for any business.

(Ord. No. 80-08, § 1, 2-27-80; Ord. No. 93-19, § 3, 10-13-93)

Cross reference— Solicitors, etc., Ch. 30.