9.04 — MISCELLANEOUS OFFENSES

• A. Capping by Owner, Etc. Every person who digs, drills, excavates, constructs, owns or controls any abandoned water well or abandoned oil well, and every person owning or having possession of any premises on which any such abandoned well exists, shall cap or otherwise close the mouth of or entrance to such well in such a manner as to prevent persons from falling therein, and in such a manner that such capping or covering cannot be removed by accident or inadvertence or such persons shall fill such a well.

• B. Capping by City. Whenever any person fails or refuses to perform any act required by subsection A, the City may itself cap, cover or fill such well. It is not necessary to follow the provisions of this section as a condition precedent to any criminal prosecution.

• (Prior code §§ 30-1, 30.2)

• A. Handbills and Advertising Media—Throwing, Leaving, Etc., on Residential Property. It is unlawful for any person or any agent or employee of any person to throw into, leave upon or scatter on any residential property in the City, without the consent of the owner thereof or his or her agent or the occupant of such private property, any newspaper, handbill, pamphlet, circular or any advertising sheet or matter devised or intended to promote any commercial or money making activity.

• B. Scattering, Etc., on Public Street, Sidewalk, Etc. It is unlawful for any person or any agent or employee of any person to drop, scatter or cast on or upon any public street or any sidewalk, or place in or on any vehicle parked in or upon any public way without the consent of the owner thereof, any newspaper, handbill, pamphlet, circular or any advertising sheet or matter devised or intended to promote any commercial or money making activity. This section shall not be construed as preventing the giving away or sale of any newspaper or written or graphic material to any person willing to acquire the same, or the display of newspaper or written or other graphic material to promote commercial or money making activity on racks which prevent their being thrown about by the wind.

• C. Erecting Billboards, Signs, Etc., on Public Highways.

  1. No person shall erect, construct, place or maintain any signboard, billboard, sign or advertisement in or on any public highway of the City.

  2. Nothing in this subsection shall be construed to prohibit the erection or placing in any highway of mile posts, mile boards, guide boards or guide posts, or the painting, posting, attaching or affixing of warning signs, notices or signboards upon bridges, fences, buildings or other structures belonging to the City, under authority of the City Council.

• D. City Property—Placing Signs, Handbills, Etc.—Damaging. No person shall paint, post, attach or affix any handbill, dodger, notice, sign or advertisement upon or to any bridge,

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City of Paramount, CA

PARAMOUNT CODE

§ 9.04.020

§ 9.04.050

fence, building or other property belonging to the City, or any tree situated in any public highway of the City; and no person shall deface, mar or disfigure any bridge, fence, building or other structure belonging to the City, or any tree situated in any public highway of the City, by painting, cutting, scratching or breaking the same or attaching or affixing anything thereto.

(Prior code §§ 30-2.1— 30.4)

Within the limits of any City of Paramount park site or Paramount Unified School District athletic field, for which there is cooperative agreement between the Paramount Unified School District and the City of Paramount for use as a playground or recreational facility, it is unlawful for any person, firm or corporation to possess any glass beverage container for outdoor use. (Prior code § 30-4.1)

No person, not authorized by the proper authority to do so, shall unlock in any manner any lock, gate, door or any other appurtenance, which lock, gate, door or other appurtenance is owned by or under the control of the City.

(Prior code § 30-5)

• A. Definitions. For purposes of this section, the following terms have the following meanings: City. The City of Paramount.

Curfew hours. The period from 10:00 p.m. any evening of the week, until 6:00 a.m. the following day.

Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Establishment. Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

Guardian. (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.

Minors. Any person under 18 years of age.

Operator. Any individual, firm, association, partnership or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

Parent. A person who is a natural parent, adoptive parent, or stepparent of another person.

Public place. Any place in the City of Paramount to which the public, or a substantial group of the public has access and includes, but is not limited to, streets, highways, alleys and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, shopping centers, malls.

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City of Paramount, CA § 9.04.050

PUBLIC PEACE AND WELFARE

§ 9.04.050

Remain. To linger or stay, or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

Responsible adult. A person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.

Serious bodily injury. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss of impairment of the function of any bodily member or organ.

• B.

  • Curfew Restriction.

  1. It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City during curfew hours;

  2. No parent or guardian of a minor shall knowingly permit, or by insufficient control, allow any minor to remain in any public place or on the premises of any establishment within the City during curfew hours; and

  3. No owner, operator or employee of any establishment shall knowingly allow a minor to remain upon the premises of the establishment during curfew hours.

• C.

• Exceptions.

1. It is a defense to prosecution under subsection B of this section that the minor is:

   • a. Accompanied by the minors, parent or guardian, or by a responsible adult;

   • b. On an errand at the direction of the minor's parent or guardian, or the responsible adult, without any detour or stop;

• c. In a motor vehicle involved in interstate travel;

  • d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

  • e. Involved in an emergency;

  • f. On the sidewalk abutting the minor's residence;

  • g. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Paramount, a civic organization, or another entity that takes responsibility for the minor, going to or returning home from, without any detour or stop;

  • h. Exercising First Amendment rights of speech or associational activity protected by the California or United States Constitution; or is

  • i. Emancipated pursuant to State law.

2. It is a defense to prosecution under subsection (B)(2) of this section if the parent notified the police department that the minor was out after curfew hours without permission, or failed to obey the parents' order to stay home during curfew hours.

3. It is a defense to prosecution under subsection (B)(3) of this section if the owner, operator or employee of an establishment promptly notified the police department that

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City of Paramount, CA § 9.04.050

PARAMOUNT CODE

§ 9.04.060

a minor was present on the premises of the establishment during curfew hours and refused to leave.

• D. Procedures. Before taking any enforcement action under subsection B of this section, the arresting officer shall ask the suspected offender's age and reason for being in the public place during curfew hours. The officer shall not issue a citation or make an arrest under this section unless probable cause exists to believes that an offense has occurred and that, based on any responses and other circumstances, no exception is present or applicable.

• E. Each violation of this section shall constitute a separate offense.

• F. Violation. A violation of subsection B of this section shall constitute a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure.

• (Prior code § 30-6)

• A. The purpose of this section is to prohibit any minor between the ages of six and 18 and subject to compulsory school attendance from being present on any public place or on the premises of any establishment within the City between the hours of 8:30 a.m. and 2:30 p.m. with certain exceptions. It is the intent of the City Council in enacting this section to:

  1. Prohibit any minor between the ages of six and 18 who is subject to compulsory education or to compulsory continuation education, subject to specific exceptions related herein, from being present in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds between the hours of 8:30 a.m. and 2:30 p.m. on days when said student's school is in session.

  2. Prohibit any parent or guardian from knowingly permitting or allowing a minor to be in violation of this section.

  3. Provide appropriate criminal sanctions against any minor and or parent and or guardian who violates this section by making a violation of this section an infraction.

• B.

• Definitions. The following meanings shall apply to the words used in this section:

Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury, hardship or loss of life.

Guardian. (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 the minor has been placed by court order; or (3) a person at least 18 years of age exercising care and custody of the minor.

Minor. Any person between the ages of six and 18 years of age.

Parent. A person who is a natural parent, adopting parent, or stepparent of another person.

Public place. Any place to which the public or a substantial group of the public has access including, but not limited to, streets, highways, beaches, parks, playgrounds, and common areas of schools, hospitals, apartment houses, office buildings, transport facilities, theaters, game rooms, shops, shopping malls, or any other public place of business.

Street. A way or place, of whatever nature, open to the use of the public as a matter of right

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City of Paramount, CA § 9.04.060

PUBLIC PEACE AND WELFARE

§ 9.04.060

for the purpose of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term "street" includes the legal right-of-way, including, but not limited to, the traffic lanes, curbs, sidewalk, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what the legal right-of-way is formally named or called, whether alley, avenue, court, lane, road or otherwise.

estrian travel. The term "street" includes the legal right-of-way, including, but not limited to, the traffic lanes, curbs, sidewalk, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what the legal right-of-way is formally named or called, whether alley, avenue, court, lane, road or otherwise.

• C. Curfew Established. It is unlawful for any minor between the ages of six and 18 years of age, and who is subject to compulsory education or compulsory continuation education or home schooling (pursuant to Education Code Section 48200), to be in or upon any public place, as defined in subsection B of this section, or any abandoned or vacant buildings where the minor(s) has no lawful excuse or exception as listed below for the nonattendance of school, during the hours of 8:30 a.m. and 2:30 p.m. on the days when school is in session and during the hours designated for schooling for said minor. This provision shall also apply to minors whose enrollment status is that of suspension, expulsion, or transfers in progress.

• D. Lawful Excuse. The curfew set forth in subsection C of this section shall not apply where a minor is accompanied by his or her parent, guardian, or other adult person having authorization in writing, granting care and custody of the minor and they are conducting activities which are "excused" within the meaning of Education Code Section 48205.

• E. Exceptions to Curfew. The exceptions to the curfew set forth in subsection C of this section are as follows:

  1. The minor is on an emergency errand directed by his or her parent or guardian.

  2. The minor is going to or from his or her place of gainful employment with a valid school work permit.

  3. The minor is going to or from a medical appointment and can show proof of that appointment.

  4. The minor has permission to leave campus for the lunch period and has in his or her possession a valid and current lunch pass and has conformed with the conditions and restrictions of the lunch pass.

  5. The minor is going directly to or from an event or activity sponsored, sanctioned, or arranged by the school.

  6. The minor has permission to leave campus and has in his or her possession a valid, school issued, off-campus permit.

  7. The minor, not a resident of the school district and possesses a valid passport, visitor's visa, or other form of identification to establish the minor is temporarily visiting within the City.

  8. The minor is receiving instruction by a qualified tutor pursuant to Education Code Section 48224, and is going to or from the place of tutoring.

  9. The minor is emancipated pursuant to State law.

• F. Responsibilities of the Parent of Guardian. It is unlawful for a parent or guardian of a minor

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City of Paramount, CA

PARAMOUNT CODE

§ 9.04.060

§ 9.04.080

who is subject to the penalties set forth in subsection H of this section to knowingly permit or allow a minor to be in violation of any part of this section.

• G. Violation as Infraction. Notwithstanding any provisions of this section, when a minor is charged with a violation of this section, and a peace officer issues a notice to appear in Long Beach Juvenile Traffic Court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code.

• H. Penalties for Violations. Any violation of this section shall be deemed an infraction and upon a sustained finding thereon shall be punishable by a fine to be determined by the court, and/or any other penalty provided by the Welfare and Institutions Code Section 258.

• I. Cost Recovery.

  1. Determination by Court. When a court determines that a minor under 18 years of age is subject to civil or criminal liability based on violation of this section, it may provide that the parent(s) or legal guardian(s) of the minor shall be jointly and severally liable for the cost of providing law enforcement personnel to supervise the minor during his or her detention, over and above the cost of services normally provided by the City's law enforcement agency.

  2. Determination by Public Safety Administrator. When the Public Safety Administrator or designee thereof determines that the City's law enforcement agency incurred costs over and above the cost of services normally provided by the agency in providing law enforcement personnel to supervise a minor during his or her detention for violation of this section, and when it has been determined by a court that the minor was civilly or criminally liable for such misconduct, the parent(s) or legal guardian(s) of the minor may be assessed, and billed for, such additional costs.

3. Appeal. Any person receiving a bill for law enforcement services pursuant to this chapter may, within 15 days after the billing date, file a written request appealing the imposition of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the City Manager, or designee thereof, as the Hearing Officer. Within 10 days after the hearing, the Hearing Officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the law enforcement services shall be suspended until notice of the decision of the hearing officer is issued. If the appeal is denied in part or in full, all amounts due to the City shall be paid within 30 days after notice of the decision of the Hearing Officer.

(Prior code § 30-6.1)

No parent, guardian or other person having legal care, custody or control of any person under the age of 18 years shall allow or permit such person to violate any provisions of Sections 9.04.050 and 9.04.060.

(Prior code § 30-7)

No person shall report to or inform any peace officer or other law enforcing officer, person or

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City of Paramount, CA § 9.04.080

PUBLIC PEACE AND WELFARE

§ 9.04.110

agency that any crime has been committed, whether felony or misdemeanor, who does not in good faith believe that such crime has been committed. (Prior code § 30-8)

• A. No person shall carry on, practice or profess to practice the business or art of astrology, phrenology, life reading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, mesmerism, oriental mysteries, palmistry, spirit photography, spirit writing, spirit voices, spirit materialization, etherealization, numerology, physiognomy, psychometry, seership, prophecy, augury, divination, magic or necromancy, or other similar art or business, and demand or receive directly or indirectly a fee or reward, or accept any donation for the exercise or exhibition of his or her art therein, or give an exhibition thereof at any place where an admission fee, donation or reward is charged or received, directly or indirectly, or teach or give instruction in any such art or business and demand or receive, directly or indirectly, a fee or reward, or accept any donation for such teaching or instruction.

• B. No person shall by means of occult or psychic powers, faculties or forces, spirits, cards, talismans, charms, potions, magnetism or magnetized articles or substances, oriental mysteries or any craft or art described in this section, or similar art or craft, purport to or does and or restore lost or stolen property, locate oil wells, gold or silver or other ore or metal or natural product, restore lost love or friendship or affection, unite or procure lovers, husbands, wives, lost relatives or friends, or by such means give any counseling or advice whatsoever, and demand or receive directly or indirectly a fee or reward or accept any donation therefor.

• C. No person shall advertise by sign, circular, handbill or in any newspaper, periodical or magazine, or other publication or publications, or by any other means, that he or she will do anything which is prohibited by this section.

• D. This section does not apply to, and it shall not be construed to interfere with, the belief, practices or usage of an incorporated ecclesiastical governing body or the duly licensed teachers or ministers thereof acting in good faith and without personal fee.

• (Prior code § 30-9)

It is unlawful for any person to register at any rooming house, lodginghouse, hotel, inn or other place in the City under the name of any other person or of a fictitious person, or to give or sign or cause to be signed, upon the register of any rooming house, lodginghouse, hotel, inn or other place any assumed, false or fictitious name, or any name other than the true and correct name of the person so registering, or so giving or signing or causing his or her name to be signed. (Prior code § 30-10)

• A. It is unlawful for any person or agent or employee thereof, other than a duly designated City official or City contractual agent to place, paint or fasten, or cause to be placed, painted or fastened, upon any curb, street, roadway, highway, sidewalk or other public property, any house number or address or other painted or printed matter.

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City of Paramount, CA

PARAMOUNT CODE

§ 9.04.110

§ 9.04.160

• B. Notwithstanding the foregoing, any person may place or cause to be placed or painted upon any public curb a house number in black paint in figures of the size of three inches in height and impressed upon a white background of the size of five by 11 inches; provided, that the consent of the owner or occupant of the property immediately adjacent thereto is obtained; and provided further, that a permit to place numbers on curbs is first obtained from the City Council.

(Prior code § 30-11)

It is unlawful for any person in any rooming house, lodginghouse, hotel or inn, or on any public highway or in any other place in the City, to solicit any person to commit any lewd or lascivious act.

(Prior code § 30-12)

No person shall massage any other person for immoral purposes or in a manner intended to arouse, appeal to or gratify lust or passion or sexual desire. (Prior code § 30-13)

• A. Generally. No person shall make, cause, suffer or permit to be made upon any premises owned, occupied or controlled by him or her any unnecessary noises or sounds which are physically annoying to persons of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to occasion physical discomfort to the inhabitants of any neighborhood.

• B. Use of Drums, Loud Speakers, Etc., to Advertise Sales, Etc. A person shall not, upon any highway or sidewalk or in any doorway or entrance to any building opening into any such highway or sidewalk not set back at least 10 feet from the front property line, make any loud or raucous noise by using any loudspeaker, blowing any bugle, horn or trumpet, or by beating any drum, or ringing any bell, or in any other manner, announcing or calling attention to any goods, wares or merchandise, or for the purpose of advertising, announcing or calling attention to any show, exhibition, entertainment or event.

• (Prior code §§ 30-14, 30-15)

It shall be the duty of every physician, surgeon, druggist or pharmacist, or other person who shall render treatment or service, or who shall assist in rendering any treatment or service to any person suffering from a gunshot wound, or a knife wound, not resulting from a surgical operation, or any other wound or injury not resulting from accident, to report the same by telephone to the Sheriff as soon as such wound or injury shall have been brought to the attention of such physician, surgeon, druggist or pharmacist, or other person. (Prior code § 30-16)

It is unlawful for any person to loiter or to stand or sit in or at the entrance of any church, hall,

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City of Paramount, CA § 9.04.160

PUBLIC PEACE AND WELFARE

§ 9.04.190

theater or place of public assemblage so as in any manner to obstruct the entrance. (Prior code § 30-17)

No person shall discard or abandon in any place accessible to children, any chest or box having a capacity of one and one-half cubic feet or more, with an attached lid or door which may be opened and fastened shut by means of an attached latch, including a refrigerator or icebox, or, being the owner, lessee or manager of such place, knowingly permit such abandoned or discarded chest or box to remain there in such condition. This section does not prohibit or cover any act prohibited by Section 402b of the Penal Code of the State or by any other State statute. (Prior code § 30-18)

• A. Soliciting. It is unlawful for any person in any rooming house, lodginghouse, hotel, inn or on any public highway or in any other place in the City, to solicit any person of the opposite sex to whom he or she is not married to have sexual intercourse with such person so soliciting, or to solicit any person to have sexual intercourse with any person to whom the person so solicited is not married.

• B. Visiting Hotels, Etc., for Purpose of, Prohibited. It is unlawful for any person to resort to, visit or be present at, any rooming house, lodginghouse, hotel, inn or other place in the City for the purpose of having therein sexual intercourse with a person to whom he or she is not married, or for the purpose of committing therein with any person any lewd or lascivious act.

(Prior code §§ 30-19, 30-20)

• A. Removal. No person shall remove any shopping cart, shopping basket or other similar device from the premises or parking area of any business establishment if such shopping cart, basket or device has permanently affixed to it a sign identifying it as belonging to the owner or operator of such business establishment and a notification to the effect that such cart, basket or device is not to be removed from the premises.

• B. Abandonment. No person shall abandon or leave any such shopping cart, shopping basket or other similar device which has been removed from the owner's premises upon any public street, alley, sidewalk, parkway or other public place, nor upon any private property except that of the owner of such cart, basket or device.

• C. Possession. No person shall have in his or her possession any shopping cart, shopping basket or other similar device which has been removed from the premises of any business establishment operated by the owner of such cart, basket or device and which has permanently affixed to it a sign identifying it as belonging to the operator of a business establishment and a notification to the effect that such cart, basket or device is not to be removed from the premises of such establishment.

• D. Use. No person shall use any shopping cart, shopping basket or other similar device for any purpose other than that intended by the owner of such cart, basket or device.

• E. Alteration. No person shall alter, convert or tamper with any shopping cart, shopping

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City of Paramount, CA § 9.04.190

PARAMOUNT CODE

§ 9.04.220

basket or other similar device or remove any part thereof. (Prior code § 30-20.1)

It is unlawful for any person to loiter or stand or sit in or upon any public highway, alley, sidewalk or crosswalk so as to in any manner hinder or obstruct free passage therein or thereon of persons or vehicles passing along the same, or so as in any manner to annoy or molest persons passing along the same. (Prior code § 30-21)

No person shall erect, operate, or maintain a tent covering an area in excess of 120 square feet, within the City, without first obtaining the approval of the City Manager and the City Council. After the approval of the City Manager and the City Council has been obtained for the erection, operation or maintenance of such tent, it shall then be necessary for any person desiring to erect, operate or maintain such tent to obtain permits to do so from the County Fire Department and from the Building and Safety Department, prior to the erection of such tent. (Prior code § 30-22)

It is unlawful for any person to have in his or her possession any obscene or indecent writing, book, pamphlet, picture, photograph, drawing, figure, motion picture film, phonograph recording, wire recording or transcription of any kind in any of the following places:

• A. In any school, school grounds, public park or playground or in any public place, grounds, street or way within 300 yards of any school, park or playground.

• B. In any place of business where ice cream, soft drinks, candy, food, school supplies, magazines, books, pamphlets, papers, pictures or postcards are sold or kept for sale.

• C. In any toilet or rest room open to the public.

• D. In any poolroom or billiard parlor, or in any place where alcoholic liquor is sold or offered for sale to the public.

• E. In any place where phonograph records, photographs, motion pictures or transcriptions of any kind are made, used, maintained, sold or exhibited.

• (Prior code § 30-23)

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City of Paramount, CA § 9.04.230

PUBLIC PEACE AND WELFARE

§ 9.04.240