Oceanside Municipal Code Art. II Public and Private Property

Footnotes:

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

No person shall camp, lodge, dwell in any camper, trailer or other vehicle which could be used for living purposes or use any vehicle as a dwelling place, place of abode, habitation or living quarters on any public street, highway, alley, sidewalk, parkway, public parking lot, the municipal pier or any other public place not heretofore provided by other provisions of law or ordinance in the city; provided, that nothing herein shall be construed to prohibit camping in public camp grounds under permit authorized by other provisions of law or ordinance.

(Ord. No. 69-6, § 1; Ord. No. 93-19, § 3, 10-13-93)

A person may park and dwell overnight in a vehicle in Parking Lots 11A, 11B and 12 of the Oceanside Small Craft Harbor District subject to the rules, restrictions and requirements for those lots as set forth by resolution.

(Ord. No. 79-10, § 1, 3-14-79; Ord. No. 93-19, § 3, 10-13-93; Ord. No. 04-OR409-1, § 1, 6-2-04)

No person shall urinate or defecate in or upon any street, sidewalk, alley, plaza, park, bench, public building or publicly maintained facility, or in any place open to the public or exposed to public view. This section shall not apply to urination or defecation which is done in any restroom or other facility designed for the sanitary disposal of human waste.

(Ord. No. 98-03, § 2, 1-7-98)

Acts prohibited. It is unlawful for any person to camp in or on any occupied or unoccupied private property without the express written permission of the owner or person in current lawful possession of the property. For purposes of this section, the term "camp" shall have the same meaning as set forth in Oceanside City Code section 20.21.1(b).

(Ord. No. 93-19, § 5, 10-13-93; Ord. No. 21-OR0261-1, § 1, 4-21-2021)

Editor's note— Ord. No. 21-OR0261-1, § 1, adopted April 21, 2021 amended § 20.21 and in doing so changed the title of said section from "Encampment" to "Encampment on private property," as set out herein.

(a) Purpose/findings.

(1) Public streets, sidewalks and walkways are created and maintained for the primary purposes of enabling pedestrians and vehicles to safely and efficiently move about from place to place, facilitating deliveries of goods and services, and providing all potential customers and visitors with convenient access to goods and services, as well as a place to recreate and engage in free public speech in shared civic space;

(2) Sitting or lying on public streets, sidewalks or walkways generally interferes with the primary purposes of the public street, sidewalk or walkway, and may threaten public safety and damage the public welfare;

(3) Pedestrians, particularly the elderly, disabled, and vision-impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalk;

(4) In some circumstances, people sitting or lying on sidewalks deter many members of the public from frequenting those areas. This, in turn, contributes to an erosion of the essential economic viability of those areas. Business failures and relocations can cause vacant storefronts, contributing to a spiral of deterioration and blight which harms the public health, safety and welfare;

(5) There are numerous other areas within the city where sitting can be accommodated without unduly interfering with the safe flow of pedestrian traffic, impairing commercial activity, threatening public safety or harming the public welfare. These other areas include city parks, numerous public benches and other seating facilities, plazas, portions of sidewalks not intensively used by pedestrians, common areas open to the public, and private property with the permission of the property owner;

(6) The city recognizes that there is a fundamental need to sleep and desires to accommodate that need while also satisfying the needs of the general public to travel freely and safely throughout the city;

(7) The limited regulation of sitting or lying down on sidewalks is reasonably necessary and appropriately balances the public interest and individual rights;

(8) Designated open space contains ecologically-sensitive habitats, including many protected plant and wildlife species as well as fresh water supplies. Except as provided for in this section, human presence in open space other than on designated trails can seriously damage or destroy these habitats as well as increase the risk of wildfire danger and possible injuries to and from threatened wildlife.

(b) Definitions.

Camp means to pitch or occupy camp facilities, or to use camp paraphernalia, for living purposes in an outdoor area. The act of sleeping on its own does not constitute camping.

Camp facilities include, but are not limited to, tents, huts, unapproved shacks or temporary shelters.

Camp paraphernalia includes, but is not limited to, tents or tent-like structures, cots, beds, hammocks or personal cooking facilities and similar equipment. This definition shall not include blankets, sleeping bags or bedrolls.

Obstruct pedestrian or vehicular traffic means to impede or block the passage of another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact;

Open space means any parcel or area of land or water which is essentially unimproved and devoted to an open space use, and which is designated as Open Space in the Oceanside Zoning Ordinance or the Land Use Element of the General Plan.

Public place means public property, whether improved or unimproved, and includes, but is not limited to, publicly-owned parking lots, driveways, open space, parks, plazas, highways, streets, bridges, alleys, driveways, rights-of-way, trails, sidewalks, paths, and walkways.

(c) Prohibitions. Except as provided in this section:

(1) It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in any public place;

(2) No person shall sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon any public sidewalk, or in doorways or entrances to buildings abutting such sidewalks, in such a way as to obstruct pedestrian or vehicular traffic;

(3) No person shall be permitted to sleep in open space as defined in section 20.21.1(b) at any time; and

(4) No person shall cook food in any public place, except as otherwise allowed by this Code or by license or permit. This section shall not prohibit cooking in areas designated for such purposes.

(d) Exceptions. The prohibitions of this section shall not apply to any conduct which is in conformity with the terms of any valid license or permit granted pursuant to this Code, including activities conducted on a public sidewalk or in a public place pursuant to a valid license or permit.

(e) Picketing or protesting. It is not the intent of this section to prohibit protesting, picketing, demonstrating, signature gathering, voter registration, leafleting, or any other lawful activity permitted under the laws of the United States of America, State of California, or by the National Labor Relations Act in connection with a labor dispute.

(f) Affirmative defenses. It is an affirmative defense to any prosecution under this section that the person is:

(1) Sitting, lying down or sleeping because of a medical emergency;

(2) Sitting upon a chair or bench located upon the public sidewalk which was placed there by an abutting private property owner or tenant pursuant to a valid permit or by a public agency;

(3) Sitting on a sidewalk within a designated bus zone while waiting for public or private transportation; or

(4) Sitting or lying on a sidewalk while participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted pursuant to a valid permit.

(Ord. No. 21-OR0261-1, § 2, 4-21-2021; Ord. No. 24-OR0592-1, § 1, 10-23-2024)

(a) Definitions.

Personal effects for purposes of this section means personal property consisting of the following items:

(1) Medication, medical devices, eye glasses or other prescription lenses;

(2) Sleeping bag or bed roll which is sanitary and non-verminous;

(3) Tents in usable and reasonably good condition;

(4) Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous;

(5) Non-perishable food items; and

(6) Personal property with an estimated individual fair market value of at least fifty dollars ($50.00).

Public place shall have the same meaning as set forth in section 20.21.1(b).

Store means to put aside or accumulate for use when needed, to place for safekeeping, or to put, place or leave in a particular place, whether attended or unattended.

(b) Storage of personal property in public places. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia as defined in section 20.21.1(b), in any public place, improved or unimproved, except as otherwise provided by the city council, or pursuant to a valid license or permit. Nothing herein shall be construed to allow storage where otherwise prohibited by this Code.

(c) Authorization. This section shall not limit or be construed to limit the use of camp facilities and camp paraphernalia in public parks, public open space, city streets, parking lots or other public property where such use has been specifically authorized by a valid license or permit.

(d) Property removal. City employees as designated by the city manager may remove personal effects unlawfully stored or found in public places as outlined in subsection (a) above or found in an unlawful encampment as follows:

(1) The location of any personal property including camp facilities and paraphernalia shall be noticed as follows:

"It is illegal to store personal property in a public place, including, but not limited to, public open space, parks and parking lots. If this personal property is not removed within 24 hours of the date of this posting, be advised: THE PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION."

(2) City personnel may remove any personal property unlawfully stored or remaining in a public place after the posting period has expired. City personnel shall offer the person claiming ownership of the personal property, if any, a list of resources available.

(3) Personal effects which pose an imminent threat to public health or safety, is contraband or which is evidence of a crime shall not be subject to the above notice requirements and shall be removed immediately by city personnel or police and stored or destroyed according to the provisions below.

(4) At the time of removal of unlawfully stored or remaining personal effects, city personnel shall conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location giving the following information.

a. A list of personal effects removed;

b. A telephone number for information on retrieving personal effects;

c. An address where the personal effects are temporarily stored;

d. The length of time during which the personal effects may be claimed.

(5) Following removal of unlawfully stored or remaining personal effects, city personnel shall do the following:

a. Maintain an inventory identifying the personal effects, where the personal effects are approximately located, and a reasonable estimate of value for such personal effects;

b. Place the removed personal effects in containers labeled in a manner facilitating identification by city personnel and owner and which reasonably protect such property from damage or theft; and

c. Store removed personal effects in an area designated by city for a period of ninety (90) days.

(6) Personal property stored by the city which is claimed within ninety (90) days from removal shall be released to the person claiming ownership provided that person identifies the property and the approximate location where the property was left.

(7) Property which remains unclaimed after ninety (90) days is deemed intentionally abandoned and may be summarily abated and destroyed.

(Ord. No. 21-OR0261-1, § 3, 4-21-2021; Ord. No. 24-OR0592-1, § 2, 10-23-2024)

Upon the private property of another or upon any public property, which is not held open to the public for any vehicular use and which is not subject to the provisions of the Vehicle Code:

(a) No person shall operate or drive a motor vehicle, motorcycle, mini-bike, trailbike, dune buggy, motor scooter, jeep or other forms of motorized transportation.

(b) The provisions of this section shall not apply to government or emergency vehicles necessarily thereon or to persons driving upon such property with the written consent of the owner or person in lawful possession of such property, or to the owner himself, his family employees, agents or lessees.

(c) The superintendent of streets shall erect signs giving notice of the ordinance on public lands and on private lands at the request of the owner of the private property requesting such posting. Posting shall be accomplished entirely at the expense of the owner of the property who shall deposit the required costs in advance. Such signs shall be erected at locations, where they would be reasonably expected to give notice to the general public, designated by the said owner. Disagreements concerning such locations shall be referred to the city council for determination. The ordinance shall be effective to prohibit operation of the said vehicles upon any real property only upon installation of signs as set forth above.

(Ord. No. 70-28, § 1, 8-26-70; Ord. No. 93-19, § 3, 10-13-93)

(a) No person shall operate, ride, drive or in any manner propel any motorized vehicle, including but not limited to autos, trucks, motorcycles, and mini-bikes within any portion of Libby Lake Park except on dedicated city streets and established public parking lots, or such other areas as may on occasion be specifically designated as temporary parking or driving areas by the Oceanside Police Department or the superintendent of the park and recreation department.

(b) Further excepted from the provisions of paragraph (a) are authorized emergency vehicles and necessary park maintenance equipment and vehicles.

(c) It is further provided that any person operating a motor vehicle in the park area on a dedicated public street or public parking lot shall:

(1) Comply with all applicable provisions of the state motor vehicle traffic laws together with such regulations as are contained in this section and other ordinances.

(2) Observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for proper control and to safeguard life and property.

(d) The superintendent of the street department shall erect appropriate signs giving notice of the restrictions provided for in this section.

(Ord. No. 72-56, § 1, 12-13-72; Ord. No. 93-19, § 3, 10-13-93)

Cross reference— Motor vehicles and traffic generally, Ch. 17; parks and recreation, Ch. 21.

(a) No person shall be present in any city park during the hours of 9:00 p.m. to 6:00 a.m. during the months May through October or during the hours of 6:00 p.m. to 6:00 a.m. during the months November through April.

(b) The subsection above shall not apply to persons who have first obtained a permit from the city.

(Ord. No. 82-01, § 2, 1-13-82; Ord. No. 83-12, § 1, 4-27-83; Ord. No. 93-19, § 3, 10-13-93)

It shall be unlawful for any person to swim, bathe, or wade in Libby Lake, any lakes located upon municipal golf course property or in the Civic Center reflecting pool or decorative fountains located at 300 Hill Street.

(Ord. No. 73-36, § 1, 7-11-73; Ord. No. 89-26, § 1, 12-6-89; Ord. No. 93-19, § 3, 10-13-93)

It shall be unlawful to deface or write on the walls or break glass in any public rest room.

(Ord. Code, § 7121; Ord. No. 93-19, § 3, 10-13-93; Ord. No. 94-06, § 1, 3-2-94)

(a) The following rules shall apply to any publicly owned or publicly operated skateboard park:

(1) All persons who enter, remain in or use any publicly owned or publicly operated skateboard park are required to wear a helmet, kneepads and elbow pads which are commercially manufactured and used specifically with the activity for which they were designed. This does not apply to any duly authorized city employee performing the duties of his/her job;

(2) No person shall use any publicly owned or publicly operated skateboard park for any activity other than skateboarding, in-line skating or roller skating unless otherwise authorized by a permit issued by the parks and recreation director or his/her designee;

(3) No person shall use or be upon any publicly owned or publicly operated skateboard park while under the influence of any alcoholic beverage or drug or under the combined influence of any alcoholic beverage or drug;

(4) No person shall skate in the parking lot, sidewalks, curbs, or entrance areas near a publicly owned or publicly operated skateboard park unless otherwise authorized by a permit issued by the parks and recreation director or his/her designee;

(5) No person shall introduce, employ or use any unauthorized equipment, obstacle or apparatus within any publicly owned or publicly operated skateboard park unless otherwise authorized by a permit issued by the parks and recreation director or his/her designee;

(6) No person shall play amplified music in any publicly owned or publicly operated skateboard park unless otherwise authorized by a permit issued by the parks and recreation director or his/her designee;

(c) Any violation of the above section is an infraction punishable by:

(1) A fine not exceeding fifty dollars ($50.00) for a first violation;

(2) A fine not exceeding one hundred dollars ($100.00) for a second violation of the same ordinance within one (1) year;

(3) A fine not exceeding one hundred seventy-five dollars ($175.00) for a third violation of the same ordinance within one (1) year;

(4) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year.

(d) Any fines generated from the violation of this ordinance will be considered revenue towards youth programs under the parks and recreation services.

(e) At any time parks and recreation services is authorized to create and post additional rules and regulations, the violation of which may be punishable by expulsion from the skateboard park.

(Ord. No. 01-OR671-1, § 2, 12-12-01)

It is the purpose and intent of the city council of the city, through the adoption of sections 20.25.1 et seq. to provide additional enforcement tools to those provided by Penal Code Sections 594, 594.1, 640.5 and 640.6 to protect public and private property from acts of vandalism and property defacement from the application of graffiti to privately and publicly owned property and to eliminate the public nuisance of graffiti.

(Ord. No. 93-19, § 6, 10-13-93)

[For the purposes of this article, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise:]

Aerosol paint container means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.

Graffiti includes any form of painting, writing, inscription, or carving on any surface, regardless of the content or the nature of the material used in the commission of the act that same was not authorized in advance by the owner of the surface.

Felt tip marker means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth (⅛) inch, containing an ink that is not water-soluble.

Graffiti stick means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth (⅛) of an inch in width, visible from a distance of twenty (20) feet, and not water- soluble.

Graffiti implement means an aerosol paint container, a felt tip marker, or a graffiti stick.

(Ord. No. 93-19, § 6, 10-13-93)

(a) Unlawful to apply graffiti. It is unlawful for any person to create a public nuisance by applying graffiti on any public or privately owned structures located on public or privately owned real property within the city.

(b) Possession by minors. It is unlawful for any person under the age of eighteen (18) years to have in his or her possession any graffiti implement, or paint brushes, pads or rollers and paint or stain, while upon public property or upon private property without the consent of the owner of such private property whose consent is given in advance and whose consent shall be given as to the person's presence while in the possession of a graffiti implement.

(1) School exception. The foregoing provision shall not apply while the person is attending, or travelling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the need to use felt tip markers, or paint and corresponding paint brushes and rollers.

(c) Possession in designated public places. No person shall have in his or her possession any graffiti implement, or any paint brushes, pads or rollers and paint or stain, while doing any activity in any public park, playground, swimming pool, recreational facility, or while loitering in or near an underpass, bridge abutment, storm drain, and other similar types of infrastructure not normally used by the public except as may be authorized by the city. This section shall not apply to contractors, employees or agents of the city, to the contractors, employees or agents of any governmental entity, or to the contractors, employees or agents of any public utility.

(Ord. No. 93-19, § 6, 10-13-93)

(a) Mandatory juvenile delinquent community service. Any minor determined to be a ward of the court under Welfare and Institutions Code Section 602 as a result of committing an offense in the city shall be required, if determined appropriate by the juvenile court, to perform community service, including graffiti removal service of not less than six (6) hours nor more than eighty (80) hours.

(b) Civil liability. The person committing the graffiti, and any parent or other legal guardian who consents to, permits, or otherwise allows her or his minor child to possess a graffiti implement shall be personally liable for any and all costs to any person incurred in connection with the removal of graffiti caused by said child, or by said graffiti implement, and for all attorneys' fees and court costs incurred in connection with the civil prosecution of any claim for damages.

(Ord. No. 93-19, § 6, 10-13-93)

(a) Reward authority.

(1) Pursuant to Section 53069.5 of the Government Code, the city manager may pay from city funds a reward of one hundred fifty dollars ($150.00) for information leading to the arrest and conviction of any person for violation of section 20.25.2(a) or any penal code provisions prohibiting graffiti, not to exceed three hundred dollars ($300.00) per incident of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

(2) Claims for rewards under this section shall be filed with the city. Each claim shall:

a. Specifically identify the date, location and kind of property damaged or destroyed;

b. Identify by name the person who was convicted, or confessed to the damage or destruction of the city property;

c. Identify the court and the date upon which the conviction occurred or the place and the date of the confession.

(3) No claim for a reward shall be allowed by the city manager unless the police chief or his designated representative investigates and verifies the accuracy of the claim and recommends that it be allowed or disqualified.

(4) The person committing the graffiti, and if an unemancipated minor, then the custodial parent of said minor, shall be liable to reimburse the city for any reward paid pursuant to this section.

(Ord. No. 93-19, § 6, 10-13-93)

(a) Furnishing to minors prohibited. It is unlawful for any person, other than a parent or legal guardian, school official, or city official, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of eighteen (18) years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing.

(b) Wrongful display for sale. No person, firm or entity engaged in a commercial enterprise ("seller") shall display for sale, trade or exchange, any graffiti implement except in an area from which the public shall be securely precluded without employee assistance. Two (2) such acceptable methods for displaying a graffiti implement for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall remain securely locked at all times except during access by authorized representatives; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry.

(c) Wrongful storage. No person shall store any graffiti implement except in either (1) a completely enclosed room which shall, at all times except during access or substantial occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or (2) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For the purposes of this section, an owner or authorized representative of the owner, shall be deemed to have substantial occupancy of a room even during short periods of absence if the room is part of a larger structure which is occupied by the owner.

(d) Civil responsibility for damages for wrongful display or storage. As an additional remedy, any person who displays or stores a graffiti implement in violation of the provisions of this chapter shall be personally liable for any and all costs incurred by any party in connection with the removal of graffiti, or the repair of any property containing graffiti, caused by any person who unlawfully uses a graffiti implement obtained from a place that displayed or stored the graffiti implement in violation of this Code, and for all attorneys' fees and court costs incurred in connection with the civil prosecution of any claim for damages, not to exceed one thousand five hundred dollars ($1,500.00).

(Ord. No. 93-19, § 6, 10-13-93)

(a) Right of city to require removal. It is unlawful for any person who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property ("responsible party") to permit property which is defaced with graffiti to remain so defaced for a period of seven (7) days after notice of same, unless (1) said person shall demonstrate by a preponderance of evidence that they do not have the financial or physical ability to remove the defacing graffiti.

(b) Declaration of nuisance.

(1) Graffiti as a nuisance. The existence of graffiti within the city limits of the city is a public nuisance, and may be abated according to the provisions and procedures herein contained, by the procedures established in Oceanside City Code Chapter 17 Article 1, or by any other method established by law for the abatement of public nuisances.

(2) Standards for graffiti removal. Graffiti shall be removed or covered completely in a manner that renders it inconspicuous and aesthetically appropriate. When graffiti is painted out, the color used to paint out the graffiti shall match the original color of the surface, or the surface shall be completely repainted with a new color that is aesthetically compatible with existing colors and architecture.

(3) Graffiti attracting surface as a nuisance. The existence of any surface of a structure on a parcel of land which has been defaced with graffiti after removal more than five (5) times in twelve (12) months is a public and private nuisance, and may, in addition to any other available remedy, be abated at the expense of the property owner upon order by the city council by minor modifications thereto, or to the immediate area surrounding same, or by retrofitting said surface or surfaces with a graffiti resistant surface, or with such other features or qualities as may be established by the city council as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof.

(c) Right of city to remove.

(1) Use of public funds. Whenever the city becomes aware, or is notified and determines that graffiti is so located on public or privately owned property viewable from a public or quasi-public place within the city, the city shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the city manager, or his designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area. This section shall not be construed as creating a mandatory duty of the city.

(2) Private property graffiti removal by city on a fee for service basis. The city may, at its discretion, enter into agreements with private property owners to remove graffiti on private property for a fee established to recover the cost of said service.

(3) Right of entry on private property provisions.

a. Securing owner consent. Prior to entering upon private property or property owned by a public entity other than the city, for the purpose of removal of graffiti, the city shall attempt to secure the consent of the responsible party, and a release of the city from liability for private or public property or liability damage.

b. Failure to obtain owner consent. If a responsible party fails to remove the offending graffiti within the time herein specified, or if the city shall have requested consent to remove or paint over the offending graffiti and the responsible party shall have refused consent for entry on terms acceptable to the city consistent with the terms of this section, the city shall commence abatement and cost recovery proceedings for the removal of the graffiti according to the appropriate abatement methods described in section 20.25.6(b)(1).

(4) Ease of removal provisions.

a. Condition encroachment permits. All encroachment permits issued by the city shall, among such other things, be conditioned on (1) the permittee shall apply an anti-graffiti material to the encroaching object of a type and nature that is acceptable to the city manager, or his or her designee; (2) the immediate removal by the permittee of any graffiti; (3) the right of the city to remove graffiti or to paint the encroaching object; (4) providing city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of encroaching object containing graffiti.

b. Condition development or subdivision approvals. In approving tentative or parcel maps, development plans, conditional use permits, variances, or other similar land use entitlements, the city shall consider imposing any or all of the following conditions, or other similar or related conditions:

1. Use of anti-graffiti material. Developer shall apply an anti-graffiti material of a type and nature that is acceptable to the city manager, or his or her designee, to such of the publicly-viewable surfaces on the improvements to be constructed on the site deemed by the city manager, or his or her designee, to be likely to attract graffiti ("graffiti attracting surfaces");

2. Right of access to remove graffiti. Developer shall grant, prior to resale of any of the parcels which are within the territory of said map, the right of entry over and access to such parcels, upon forty-eight (48) hours posting of notice, by authorized city employees or agents, to the city for the purpose of removing or "painting over" graffiti from graffiti attracting surfaces previously designated by the director, and the right to remove such graffiti;

3. Supply city with graffiti-removal material. Developer shall, for a period of two (2) years after the resale of their final lot, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti attracting surfaces;

4. Owner to immediately remove graffiti. Developer shall, either as part of the conditions, covenants and restrictions, or as separate covenants recorded against individual lots, prior to resale of same, covenant, which covenant shall run with the land and be for the benefit of the city, in a form satisfactory to the city, that the owner of the lots shall immediately remove any graffiti placed thereon.

(Ord. No. 93-19, § 6, 10-13-93; Ord. No. 98-28, § 1, 9-16-98)

(a) Design of new graffiti-attracting surfaces. Any applicant for development plan approval, conditional use permit, special use permit, unclassified use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the planning commission or the city council on appeal, have designed any building structures visible from any public or quasi-public place in such a manner to consider prevention of graffiti, including, but not limited to the following: (1) use of a protective coating to provide for the effective and expeditious removal of graffiti; (2) use of additional lighting; (3) use of non-solid fencing; (4) use of landscaping designed to cover large wall areas such as ivy or similar clinging vegetation; and (5) use of architectural design to break up long continuous walls or solid areas.

(b) Retrofit existing graffiti-attracting surfaces; non-residential structures. This may be incorporated in the eradication order during an abatement hearing.

(1) At-owner's expense. Any surface of a structure on a parcel of land placed in any land use other than residential which has been defaced with graffiti more than five (5) times in twelve (12) months, or the immediate area surrounding said surface, shall be required to be retrofitted, at the cost of the property owner of said lot, with such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. In exercising the authority hereunder, the city may not impose a cost on the property owner greater than three times the cost of one year's expense to the property owner of graffiti removal.

(2) At city's cost. The owner of property on which is located a surface of a structure other than residential which has been defaced with graffiti more than five (5) times in twelve (12) months, or the immediate area surrounding said surface, shall permit the city to enter upon and make such modifications thereto, at city's cost, which modifications shall include such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof.

(Ord. No. 93-19, § 6, 10-13-93)

Any parent or other legal guardian who consents to, permits, or otherwise allows her or his minor child to possess a graffiti implement shall be personally liable for any and all costs to any person incurred in connection with the removal of graffiti or other abatement of the public nuisance caused by said child, or by said graffiti implement, and for all attorneys' fees and court costs incurred in connection with the civil prosecution of any claim for damages.

(Ord. No. 93-19, § 6, 10-13-93)

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.

(Ord. No. 93-19, § 6, 10-13-93)

Every person who owns, conducts, operates or manages a retail commercial establishment selling glass etching cream, or any commercially available glass etching product, whether sold separately or in a kit, shall store or cause to be stored such glass etching cream or glass etching product under lock and key in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such glass etching cream or glass etching product.

(Ord. No. 02-OR330-1, § 1, 5-8-02)

No person who owns, conducts, operates or manages a retail commercial establishment selling glass etching cream or any commercially available glass etching product, whether sold separately or in a kit, shall sell or caused to be sold any such glass etching cream or glass etching product to any person who has not yet attained the age of eighteen (18) years.

(Ord. No. 02-OR330-1, § 1, 5-8-02)

Any and all violations of this chapter shall be punishable as an infraction or a misdemeanor, at the discretion of the city attorney or by the penalty provisions contained in section 20.25.3 of this Code.

(Ord. No. 02-OR330-1, § 1, 5-8-02)

(a) No person shall land, take off, taxi, or otherwise operate any aircraft upon any street or alley except in the following cases:

(1) A forced landing;

(2) A landing during a natural disaster or other public emergency if the landing is made pursuant to direction by government emergency officials; or

(3) When the landing, take off, taxiing, or other operation has received prior approval from the council.

(b) No person shall land, take off, taxi, or otherwise operate any aircraft upon the private property of another or upon any public property, which is not held open to the public for any aircraft use, without the written permission of the owner thereof, or the person entitled to the immediate possession thereof, or the authorized agent of either. Whenever any person is stopped by a peace officer pursuant to this subsection, he shall, upon the request of such peace officer, display said written permission. The provisions of this subsection shall not apply in the case of a forced landing pursuant to Public Utilities Code Section 21662.1, or to the property owner himself, his family, employees, agents, or lessees.

(c) For the purposes of this section, the term "aircraft" means any contrivance used or designed for navigation of, or flight in, the air.

(Ord. No. 88-27, § 1, 7-13-88; Ord. No. 93-19, § 3, 10-13-93)

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

Alcohol beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, 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.

Cannabis shall mean, except as specified herein, all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

Control shall mean any form of dominion, including, but not limited to, ownership, tenancy, or other possessory right.

Controlled substances shall include all narcotics or drugs, the possession of which is illegal under the laws of the federal Controlled Substances Act and the State of California as defined under the Penal Code, Health and Safety Code, and related statutes.

Enforcement services includes all enforcement and other response services provided by law enforcement, fire department, and/or city personnel for responding to or in remaining at a party, gathering or event where alcohol, cannabis, or controlled substances are being unlawfully consumed by minors.

Juvenile means any person under eighteen (18) years of age.

Guardian means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.

Minor means any person under twenty-one (21) years of age.

Parent means a person who is a natural parent, adoptive parent, or step-parent of another person.

Party, gathering, or event means a group of persons who have assembled or are assembling for a party, social occasion or social activity.

Person(s) responsible for the party, gathering or event includes, but is not limited to: (1) Any person(s) who owns, rents, leases, or, although not an owner, nevertheless occupies or has a legal right or legal obligation to exercise possession or control over the premises where the party, gathering or event takes place; (2) any person(s) who organizes, supervises, officiates, conducts or controls the gathering or; or (3) any other person(s) accepting responsibility for such a gathering. If a person responsible for the event is a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for the costs incurred for enforcement services pursuant to this chapter.

Premises means any residence or other private property, place, or premises including any commercial or business premises.

(Ord. No. 03-OR289-1, § 1, 5-7-03; Ord. No. 07-OR0195-1, § 1, 4-4-07; Ord. No. 19-OR0756-1, § 1, 12-4-2019)

Except as permitted by state law, no minor shall:

(a) Consume in any public place or any place open to the public any alcoholic beverage and/or controlled substance, or

(b) Consume at any place not open to the public any alcoholic beverage and/or controlled substance.

A violation of this section shall constitute a misdemeanor punishable by a fine of one thousand dollars ($1,000.00) or by imprisonment for a period of not to exceed six (6) months, or by both fine and imprisonment.

(Ord. No. 03-OR289-1, § 1, 5-7-03)

(a) It shall be a violation, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any person having control of any premises to knowingly suffer, permit, allow, or host a party, gathering, or event at said premises where three (3) or more persons are present whenever the person having control of the premises either knows a minor consumed an alcoholic beverage, a controlled substance, or cannabis, or reasonably should have known that a minor consumed an alcoholic beverage, a controlled substance, or cannabis. For purposes of this subsection, a person reasonably should have known that a minor consumed an alcoholic beverage and/or a controlled substance if that person did not take reasonable steps to prevent the consumption of an alcoholic beverage and/or controlled substance by a minor as set forth in subsection (b) of this section. A violation of this section is punishable as a misdemeanor pursuant to Section 1.7. This section shall not apply to conduct involving the use of alcohol which occurs exclusively between a minor child and his or her parent or legal guardian, as permitted by Article 1, Section 4, of the California Constitution, or conduct which is otherwise permitted under state or federal law.

(b) Reasonable steps include, but are not limited to:

(1) Controlling access to alcoholic beverages, cannabis and other controlled substances at the gathering when minors are present;

(2) Controlling the quantity of alcoholic beverages at the gathering when minors are present;

(3) Verifying the age of persons attending the gathering by inspecting driver's licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages, a controlled substance, or cannabis, while at the gathering; and

(4) Supervising the activities of minors at the gathering.

(Ord. No. 03-OR289-1, § 2, 5-7-03; Ord. No. 07-OR0195-1, § 2, 4-4-07; Ord. No. 19-OR0756-1, § 2, 12-4-2019)

When any party, gathering or event occurs on private property as described in section 20.28, the person(s) responsible for the party, gathering or event shall be liable for the actual cost of enforcement and response services provided during a response by police, fire or any other city personnel.

(Ord. No. 03-OR289-1, § 3, 5-7-03; Ord. No. 19-OR0756-1, § 3, 12-4-2019)

The actual cost of the enforcement services described in section 20.29 shall be deemed a debt owed to the city by the person responsible for the event and if juveniles, their parents or guardians. Any person owing such debt shall be liable in an action brought in the name of the city for recovery of the same.

(Ord. No. 03-OR289-1, § 4, 5-7-03)

Editor's note— Section 4 of Ord. No. 03-OR289-1, adopted May 7, 2003, provided for the inclusion of a new section to be numbered 20.30. Inasmuch as § 20.30 was previously enacted, the provisions of Ord. No. 03-OR289-1, § 4, have been redesignated as § 20.29.1 at the editor's discretion.

The City of Oceanside does not waive its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter in no way limits the statutory authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this article.

(Ord. No. 03-OR289-1, § 5, 5-7-03)

Editor's note— Section 5 of Ord. No. 03-OR289-1, adopted May 7, 2003, provided for the inclusion of a new section to be numbered 20.31. Inasmuch as § 20.31 was previously enacted, the provisions of Ord. No. 03-OR289-1, § 5, have been redesignated as § 20.29.2 at the editor's discretion.