Oceanside Municipal Code Art. III Nuisances

Footnotes:

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

No person within the city shall operate any device or apparatus generating or causing high-frequency oscillations which interfere with radio broadcast reception or wireless reception, unless such device or apparatus is equipped with appliances which prevent such interference.

(Ord. Code, § 5411; Ord. No. 93-19, § 3, 10-13-93)

Section 20.30 shall not apply to radio or wireless stations licensed by the federal government, nor to public utilities.

(Ord. Code, § 5412; Ord. No. 93-19, § 3, 10-13-93)

The building inspector, or his duly authorized deputy, shall have the right to enter upon any premises at all reasonable hours for the purpose of inspecting any and all devices and apparatus which may come within the terms of sections 20.30 to 20.30.7.

(Ord. Code, § 5413; Ord. No. 93-19, § 3, 10-13-93)

It shall be unlawful for any person to interfere with the building inspector, or his duly authorized deputy, in making the inspection provided for in the preceding section, or to refuse to permit the building inspector, or his deputy, to enter the premises for such purpose.

(Ord. Code, § 5414; Ord. No. 93-19, § 3, 10-13-93)

When an inspection shall have been made by the building inspector or his duly authorized deputy, and it is found that the device or apparatus is being operated in violation of the terms of sections 20.30 to 20.30.7, the person responsible for the operation of such device or apparatus shall be notified in writing to discontinue such operation or correct the same.

(Ord. Code, § 5415; Ord. No. 93-19, § 3, 10-13-93)

The mailing of a registered letter, addressed to the owner or operator of the device or apparatus, and directed to the premises where the same is located, or by personal service of the same shall constitute a sufficient notice for the purpose of sections 20.30 to 20.30.7.

(Ord. Code, § 5416; Ord. No. 93-19, § 3, 10-13-93)

In the event that the owner or operator of such device or apparatus does not, within forty-eight (48) hours after receipt of such notice, remedy the same, or discontinue its use, such owner or operator or person shall be deemed guilty of a misdemeanor.

(Ord. Code, § 5417; Ord. No. 93-19, § 3, 10-13-93)

It shall be unlawful for any person to sell within, or for operation within, the limits of this city any device or apparatus which when operated generates or causes high frequency oscillations which interfere with radio broadcasting reception, or wireless reception, unless such device or apparatus is equipped with appliances which prevent such interference.

(Ord. Code, § 5418; Ord. No. 93-19, § 3, 10-13-93)

(a) Exception. The term "person" shall not include the City of Oceanside.

(b) Prohibition. No person shall use or cause to be used any telephone device or telephone attachment that automatically selects a public primary telephone trunk line of the City of Oceanside, and then reproduces any pre-recorded message to report any burglary or other emergency.

(c) Application; requirements. Any person in the business of selling or leasing alarm systems who desires to have a private secondary telephone line terminate at one location in any City of Oceanside building shall submit an application for such privilege in writing to the city manager. Such application shall contain specific provisions relating to false alarms and testing procedures. The city manager shall approve such application if he finds that:

(1) The termination of such telephone line will constitute no hindrance to regular city activities.

(2) The person seeking the termination agrees that no messages will be telephoned on said line except by an agent of his with access to customer files.

(3) The person seeking the termination maintains adequate equipment and work force to repair, maintain or otherwise service alarms sold or leased by him; and

(4) The chief of police of the City of Oceanside has approved the application.

(d) Restriction—Monitoring panels, annunciating or receiving equipment. No person shall place any monitoring panels and annunciation or receiving equipment other than a private line telephone as provided in subsection (c) above in any City of Oceanside building.

(e) Installation and maintenance costs. All costs and recurring charges incurred in the installation and maintenance of such a private secondary telephone line shall be borne by the person requesting the termination.

(f) Removal of unlawful equipment. In addition to any other remedy provided by law, the chief of police may, whenever he shall have knowledge of the use of any device or attachment not operated or maintained in accordance with the provisions of this article, order the removal of such device or attachment or such line termination to which such device or attachment is connected.

(Ord. No. 69-54, § 1, 12-17-69; Ord. No. 70-6, § 1, 1-14-70; Ord. No. 93-19, § 3, 10-13-93)

(a) Prohibition. A landlord shall not knowingly cause or permit any rental unit to be used or maintained for any drug-related use, illegal drug dealing activity, or drug-related nuisance.

(b) Notice of violation. If the city attorney determines that a rental unit is being used or maintained in violation of paragraph (a), then the city attorney, the chief of police or any law enforcement officer of the city may order the landlord to comply with said section. This order shall be presented to the landlord either by personal service or by a letter sent certified mail with a return receipt requested. The order shall contain as enclosures sufficient documentation to establish that the premises are being used for any illegal drug use, drug dealing activity or drug-related nuisance. Nothing herein shall be interpreted as authorizing the release of documentation which would violate an individual's rights to privacy or any other applicable provision of law that precludes the release of public records.

(c) Failure to comply with notice of violation. A landlord shall in good faith comply with the notice prescribed by paragraph (b). If the landlord fails to comply with the notice, then the city attorney or police chief may take any lawful action to enforce paragraph (a) hereof.

(d) Declaration of public nuisance. In addition to any other enforcement action, the chief of police upon advice of the city attorney may declare an alleged violation of paragraph (a) to constitute a public nuisance and may commence abatement of the conditions giving rise thereto.

(e) Construction. Nothing contained in this chapter shall be construed or interpreted in such a way as to create a principal-agent relationship between the city and the landlord.

(f) Definitions. As used in this section the following terms shall have the definitions set forth below:

(1) Controlled substance means a drug, substance, or immediate precursor, as listed in the Uniform Controlled Substance Act, Health and Safety Code section 11000 et seq., which is in an amount that is legally sufficient to establish by preponderance of the evidence that the controlled substance was possessed for personal use or possessed for sale.

(2) Drug-related nuisance means any activity which would lead a reasonable person to conclude that a rental unit is being used as a place wherein illegal drug dealing activity is occurring. This activity includes, but is not limited to, steady traffic day or night to a particular unit, barricaded units or sighting of weapons, brought to the attention of the landlord by other tenants, persons within the community, or law enforcement agencies.

(3) Drug-related use means any unlawful possession for personal use of a controlled substance in a rental unit, brought to the attention of the landlord by other tenants, neighbors, other community residents or law enforcement.

(4) Illegal drug dealing activity means any unlawful possession for sale or distribution, or any unlawful sale or distribution, storage, possession or manufacturing of a controlled substance from a rental unit, including any acts which constitute violation of Health and Safety Code Sections 11366, 11366.5 or 11550, et seq.

(5) Landlord means an owner, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for use of any rental unit, or the agent, representative or successor of any of the foregoing.

(6) Rental unit means any dwelling unit, efficiency dwelling unit, guest room, apartment and suite, including any single-family residence, duplex, and condominium in the city, the land and building appurtenant thereto, including common areas, garage facilities, alleyways, stairwells, and elevators. This term shall also include mobile homes, whether rent is paid for the mobile home and the land upon which the mobile home is located, or rent is paid for the land alone. Further it shall include recreational vehicles, as defined in California Civil Code Section 799.24, if located in a mobile home park, whether rent is paid for recreational vehicle and the land upon which it is located, or rent is paid for the land alone.

(7) Tenant means a tenant, subtenant, lessee, sublessee, any person entitled to use or occupancy of a rental unit, or any other person who is using or occupying a rental unit.

(g) Severability. If any section, clause, phrase, part, or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. It is declared that this chapter and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional.

(Ord. No. 93-19, § 7, 10-13-93)

It is unlawful and a misdemeanor for any person to do any act or thing upon the property of another that is declared to be a public nuisance under any provision of this Code, or to do anything or act upon the property of another that results in the declaration of a public nuisance, without the express consent of the owner of the property.

(Ord. No. 93-19, § 8, 10-13-93)