Chapter 9.04 — MISCELLANEOUS MISDEMEANORS

It is unlawful for any person in an intoxicated condition to appear or be in or upon any public highway, street, alley, square or other public place in the city.

(Ord. 262 N.S. § 2, 1962)

It is unlawful for any person to consume any alcoholic beverage, or to have in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, upon any public street, sidewalk, alley, public parking lot or any place open to the public.

(Ord. 533 N.S. § 1, 1987: Ord. 379 N.S. § 1, 1975: Ord. 262 N.S. § 2.5, 1962)

The provisions of Section 9.04.011 shall not apply to the consumption or possession of alcoholic beverages under one or more of the following conditions:

A.

Where the consumption or possession of alcoholic beverages is taking place within the fenced property of the Mid- State Fair and with the approval of the Mid-State Fair director.

B.

Where written permit to consume or possess alcoholic beverages in a specific public park, street, or other place open to the public has been obtained from the city at least twenty-four hours prior to such act.

Individuals, businesses, or organizations engaging in the sale of alcoholic beverages shall be properly licensed by the state Department of Alcoholic Beverage Control.

C.

Within any business open to the public where that business has been properly licensed by the state Department of Alcoholic Beverage Control for on-premises sale and consumption of alcoholic beverages.

(Ord. 533 N.S. § 2, 1987)

It is unlawful for any person in an intoxicated condition to intrude upon or be in or remain in or upon the premises or property of another, without the express permission and consent of the person lawfully in the possession of such premises or property.

(Ord. 262 N.S. § 3. 1962)

It is unlawful for any person to discharge any firearm of any nature whatsoever within the limits of the city, without first procuring a written permit to do so from the chief of police, except for the following:

A.

The discharge of shotguns for pest control purposes only is allowed on all lots twenty acres or greater within the agricultural district.

(Ord. 684 N.S. § 4, 1995: Ord. 262 N.S. § 4, 1962)

It is unlawful for any person or persons within the limits of this city to fire or discharge a projectile from any air gun or spring loaded gun, or from any bow, or from any sling or slingshot.

(Ord. 502, 1985: Ord. 262 N.S. § 5, 1962)

No person shall sell, offer for sale, exhibit, circulate or cause to be circulated or distributed, or in any way furnish or attempt to furnish to any person any obscene, lewd, or indecent book, publication, comic book, card, writing, or paper which, read as a whole, is of an obscene, lewd or indecent nature.

(Ord. 262 N.S. § 6, 1962)

No person shall disturb or interrupt any school or school procession, funeral or any funeral procession, or any lawful assemblage of persons met for a lawful purpose.

(Ord. 262 N.S. § 7, 1962)

It is unlawful for any person within the city limits to throw or discard any bottles, glass, garbage, waste materials, or trash on any street, alley, or public property or upon any private property located within the city.

(Ord. 262 N.S. § 8, 1962)

It is unlawful for any person to cut down, mutilate, or injure any tree or shrubbery in any street, parkway, or on public premises within the limits of this city, except upon order of the city council or proper city official.

(Ord. 262 N.S. § 9, 1962)

It is unlawful for any person or persons to disturb the peace and quiet of any person, any neighborhood, family, public meeting, or assembly of people, by loud or unusual noises, offensive conduct, by threatening, by quarreling, or by using obscene language or gesture.

(Ord. 262 N.S. § 10, 1962)

No person shall directly or indirectly deposit, pass, throw, scatter, cast, or post any handbill in or upon any public property or public utility pole within the city. This section shall not prohibit handing of any handbill to any person willing to accept same.

(Ord. 262 N.S. § 11, 1962)

State Law reference— For statutory provisions authorizing cities to regulate outdoor advertising, see California Government Code § 38774.

(a)

For the purposes of this chapter, "handbill" means any commercial handbill, dodger, advertising circular, folder, booklet, letter, pamphlet, sheet, poster, sticker or banner, but shall not include any newspaper or other publication printing news of a general nature or keeping advertising space therein open to the public for the publication of general advertising matter.

(b)

"Private handbill distribution system" means a business which has been determined by the city council to be operated to distribute handbills in the city of El Paso de Robles on a continuing, regular and routine basis.

(Ord. 382 N.S. § 2 (part), 1975)

No person shall distribute any handbill which does not have printed on the cover or face thereof or on the container thereof the name, address, and phone number of the distributor. In addition, the person, firm or organization causing the handbill to be distributed shall be clearly set forth therein.

(Ord. 382 N.S. § 2 (part), 1975)

No person shall distribute any handbill to any premises which has posted thereon, in a conspicuous place, the words "no advertising," "no trespassing," "no peddlers or agents," or similar notice, unless the person distributing the handbill has first received the written permission of the person occupying or having control of such premises authorizing him to do so.

(Ord. 382 N.S. § 2 (part), 1975)

It is unlawful for any person to commence, carry on, or engage in the business of distributing handbills or to distribute handbills in the city, without complying with each and all of the provisions of this chapter and without first having secured a permit from the business license administrator. "Person," as used in this section, means the permittee and not its employees or agents; provided, however, that its employees or agents, while distributing handbills, shall have in their possession a copy of the business license or handbill permit issued to said permittee pursuant to the provisions of this chapter.

(Ord. 382 N.S. § 2 (part), 1975)

The following permits may be issued by the business license administrator pursuant to the provisions of this chapter:

(a)

Temporary Permit. Each such permit shall plainly state the number of handbills authorized to be distributed. Under the authority of such permit, the permittee may employ any number of persons to distribute such handbills not exceeding in the aggregate the number authorized by such permit, without further permit or license fees as to such employees. Each such permit shall become null and void after the authorized number of handbills have been distributed and in any event shall expire on the tenth day after issuance.

(b)

Annual Permit. Each such permit shall be issued to a person, firm or organization upon a determination by the city council, pursuant to Section 9.04.110(b), that said person, firm or organization is operating a private handbill distribution system and upon the payment of the required business license fee. Said permit shall be valid for a period of one year, unless revoked, and may be renewed annually.

(Ord. 382 N.S. § 2 (part), 1975)

Each recipient of a temporary or annual handbill permit, and all persons distributing handbills, shall comply with the following regulations:

(a)

It shall cause its agents and employees to deliver the handbills only by placing them on the doorknobs or otherwise harmlessly attaching them to the building.

(b)

It shall cause its agents and employees when distributing handbills to collect all visible material previously distributed by such permittee. The presence of such visible material shall be presumed to mean that said residence or business is vacant and said permittee shall cause no further material to be left thereat unless and until affirmative signs of occupancy are apparent.

(c)

It shall cause its agents and employees to refrain from making deliveries at known vacant buildings.

(Ord. 382 N.S. § 2 (part), 1975)

No permit shall be issued under this chapter until a license fee shall have first been paid to the business license administrator in accordance with Chapter 5.04 of this code.

(Ord. 382 N.S. § 2 (part), 1975)

In the event that the permittee or any of its agents or employees fails to comply with any or all of the provisions of this chapter, its permit may be revoked in the following manner:

A.

Temporary Permit. By the business license administrator by giving notice to the permittee;

B.

Annual Permit. By the city council after giving permittee notice and an opportunity to be heard.

(Ord. 382 N.S. § 2 (part), 1975)

A.

It shall be unlawful for any person to urinate, defecate, or otherwise discard or dispose of human wastes or excretion on private property in an area exposed to public view, or on any public street, sidewalk, alley, park, parking lot, or other public place, except in a toilet receptacle provided for such purpose within the structure of a restroom, bathroom, or other enclosure.

B.

Anyone who, by reason of illness, infection, disease, or other physical infirmity is unable to control his or her excretory functions shall be exempt from the provisions of Subsection (a). Loss of control of excretory functions brought on by voluntary ingestion of alcohol, drugs, or other intoxicants, depressants, or hallucinogens shall not be exempt from the provisions of Subsection (a).

(Ord. 262 N.S. § 13, 1962; Ord. No. 1163 N.S. § 4, 10-7-2025)

Editor's note— Ord. No. 1163 N.S., § 4, adopted Oct. 7, 2025, amended the title of § 9.04.120 to read as herein set out. The former § 9.04.120 title pertained to urinating in public places.

No person shall within the limits of this city operate a sound truck or other vehicle equipped with loudspeakers without securing a license to operate such vehicle.

(Ord. 262 N.S. § 14, 1962)

It is the intent of the city council of the city of El Paso de Robles to protect canines utilized by the police department from interference and harm while such animals are in use in the performance of functions or duties of the police department.

A.

Prohibited Conduct. It is unlawful for any person or for any person to allow any animal, to wilfully or maliciously tease, taunt, torment, stroke, kick, mutilate, disable, or otherwise injure, or kill or to unwarrantably interfere or meddle with any canine while such animals are in use in the performance of any function or duty of said department, or of such officer or employee.

B.

Exemption. El Paso de Robles police department canines shall be exempt from any and all ordinances or laws pertaining to animals while canines are on duty conducting police business.

(Ord. 476 N.S. § 1, 1983)

Every person, firm, or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars, or shall be punished by imprisonment in the county jail for not exceeding ninety days, or both such fine and imprisonment.

(Ord. 262 N.S. § 15, 1962)