Chapter 18 — OFFENSES — Porterville Municipal Code

ARTICLE I. IN GENERAL

SECTION:

18-0: Attachment Of Wires, Cables, Devices Or Equipment To Cable Antenna Television System

18-1: Reserved

18-2: Public Nudity

18-2.1: Reserved

18-3: Gambling; Mechanical Machines And Devices

18-4: Reserved

18-5: Interference With Fire Department

18-6: Reserved

18-6.1: Unlawful Possession, Consumption Of Alcoholic Beverages

18-7: Meetings, Assemblies, And Parades On Public Property; Permit Required

18-7.1: Parades; Application And Permit Procedure

18-7.2: Meeting Or Assembly; Application And Permit Procedure

18-7.3: Meeting, Assembly Or Parade Considerations Of Police Chief

18-7.4: Procedure For Appeal Of Administrative Decisions

18-7.5: Penalty For Violation Of Sections 18-7 Through 18-7.3

18-8: Reserved

18-8.1: Reserved

18-8.2: Sale Of Personal Property From Residential Premises

18-9: Radios, Record Players Disturbing Peace In Neighborhood

18-10: Radios, Record Players Disturbing Peace In Neighborhood; Interference With Radio Reception

18-11: Radios, Record Players Disturbing Peace In Neighborhood; Interference With Radio Reception; Not Applicable To Stations And Public Utilities

18-12: Reserved

18-13: Reserved

18-14: Loudspeakers, Outside Amplifiers; Permit Required

18-15: Reserved

18-16: Waterways; Obstruction Generally

18-17: Waterways; Obstructions Of Gutters

18-17.1: Waterways; Porter Slough Declared Nuisance Under Certain Conditions; Abatement

18-18: Waterways; Open Water Ditches; Prohibited Generally; Procedure For Abatement

18-19: Waterways; Open Water Ditches; Violation Of Preceding Section

18-20: Reserved

18-21: Reserved

18-22: Discharging Of Firearms; Exception

18-23: Alarm Systems

18-24: Alcoholic Beverages In Parks

18-25: Parking Or Storing Of Vehicles On Lawns

18-26: Neglect Of Real Property

18-27: Reserved

18-28: Keeping Of Bees

18-0: ATTACHMENT OF WIRES, CABLES, DEVICES OR EQUIPMENT TO CABLE ANTENNA TELEVISION SYSTEM:

A. The attachment of any wires, cables, devices or equipment to any cable antenna television system within the city of Porterville for the purpose of receiving television signals thereby without the knowledge of the owner and with intent to evade payment therefor is hereby prohibited.

B. Any person who, with intent to injure or defraud, attaches any wires, cables, devices or equipment to any community antenna television system for the purpose of receiving television signals thereby without the knowledge of the owner and with intent to evade payment therefor, is guilty of a misdemeanor, and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail, or city jail, not exceeding six (6) months, or by both such fine and imprisonment. (Ord. 1011 §§ 1, 2, 12-7-1971)

18-1: RESERVED:

(Ord. 1706 § 1, 10-3-2006)

18-2: PUBLIC NUDITY:

It shall be unlawful for any person to knowingly or intentionally appear in a public place in a state of nudity. "Nudity or state of nudity" means: a) the appearance or display of the human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast. "Public place" means any location frequented by the public, or where the public is likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, business and commercial establishments (whether for profit or not for profit, whether open to the public at large, or whether entrance is limited by a cover charge or membership requirement), hotels, motels, restaurants, nightclubs, country clubs, cabarets, and/or meeting facilities. Premises, or portions thereof, such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a public place. This section shall not apply to children under ten (10) years of age. Furthermore, this section shall not apply to a person appearing in a state of nudity in a modeling class operated pursuant to section 15-61 of this code. (Ord. 1597 § 1, 5-1-2001)

18-2.1: RESERVED:

(Rep. by Ord. 1384 § 1, 8-4-1987)

18-3: GAMBLING; MECHANICAL MACHINES AND DEVICES:

It shall be unlawful for any person, either as owner, lessee, manager, employee, agent or servant, to conduct, manage, carry on, maintain or operate, or for any person to engage in, operate or play, any mechanical machine, contrivance, appliance or device, in any manner contrary to applicable provisions of the state Penal Code, section 330 et seq. (Ord. Code § 6141; Ord. 655 § 2; Ord. 1226, 1-20- 1981; Ord. 1484, 1-5-1993)

18-4: RESERVED:

(Rep. by Ord. 1484, 1-5-1993)

18-5: INTERFERENCE WITH FIRE DEPARTMENT 1 :

It shall be unlawful for any person to interfere in any way with any operation or work of the fire department while the fire department is engaged in extinguishing a fire. (Ord. Code § 9523)

Notes

1 1. See also section 12-1.11 of this code.

18-6: RESERVED:

(Rep. by Ord. 1537 § A, 8-6-1996)

18-6.1: UNLAWFUL POSSESSION, CONSUMPTION OF ALCOHOLIC BEVERAGES:

A. Possession In Public Places: It shall be unlawful for any person within the city of Porterville to possess any alcoholic beverage in any public place, or transport any alcoholic beverage upon any public street, sidewalk, pedestrian mall, alleyway, or thoroughfare where such alcoholic beverage is in a receptacle which has been opened, or the seal of which has been broken, or the contents of which have been partially removed.

B. Possession Of Opened Container On Parking Lot: It shall be unlawful for any person within the city of Porterville to possess any alcoholic beverage where such alcoholic beverage is in a receptacle which has been opened, or the seal of which has been broken, or the contents of which have been partially removed, on any parking lot within the city of Porterville associated with or under the control of any business or other premises open to the public during the ordinary course of business of such business or premises where such parking lot has immediate access to a public street.

C. Alcoholic Beverages Within Vehicle: It shall be unlawful for the registered owner of any vehicle, or the driver, if the registered owner is not then present in the vehicle, to keep in a motor vehicle when such motor vehicle is located in any area enumerated in subsections A and B of this section, 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, unless such container is kept in the trunk of such vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if such vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. This subsection shall, however, not apply to living quarters of a house car or camper.

D. Definition Of Alcoholic Beverage: The definition of "alcoholic beverage" as used herein shall include alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent (0.5%) or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

E. Effect Of Provisions: Subsections A through D of this section shall not be deemed to make punishable any act or acts which are prohibited by any statute of the state of California.

F. Severability: Should any portion of this section be held to be unconstitutional or otherwise legally invalid, such determination shall not affect the validity of the remainder hereof, which shall remain in full force and effect.

G. Public Place; Parks Excluded: For the purposes of this section, the definition of "public place" shall not include Murry park, Veterans' park, or Zalud park within the city limits of the city of Porterville.

H. Violation An Infraction: Any violation of this section is specifically deemed to be an infraction.

I. Permit Procedure:

The provisions of subsection A of this section may be waived upon the issuance of a permit issued by the chief of police.

Permits shall only be issued to organized groups such as service clubs, or other organized, well established groups.
1. Application shall be made through the chief of police twenty (20) days in advance of the date for which the permit is desired. The application for such permit shall be made in writing on a form approved by the chief of police. In order that adequate arrangements may be made for the proper policing of the event, the application shall contain the following information:
a. Name, address and telephone number of the person representing the organization for which the permit is requested.

b. The name, address and telephone number of the headquarters of the organization and the authorized head of such organization.

c. The name, address and telephone number of the person who will be in charge of the event and be responsible for enforcing the provisions of the permit.

d. The purpose of the event for which the permit is requested.

e. The date and time when the event is to be conducted and the expected number of persons to be in attendance.
1. The chief of police may impose any reasonable restrictions or conditions to granting said permit, as well as denying said permit. Said permits are to be granted only if the benefit to the general community in granting the permit is not outweighed by the resulting endangerment to the public health, safety or welfare. The granting of said permit is a privilege and not a right, inasmuch as this activity is generally prohibited. (Ord. 1152 §§ A–H, 8-15-1978; Ord. 1261, 4-20-1982; Ord. 1329 § A, 5-7-1985; Ord. 1537 § B60, 8-6-1996)

18-7: MEETINGS, ASSEMBLIES, AND PARADES ON PUBLIC PROPERTY; PERMIT REQUIRED:

No person shall conduct a meeting, assembly or parade in or upon the public streets, sidewalks, highways or parks of the city of Porterville, or participate in any such meeting, assembly or parade unless and until a permit to conduct such meeting, assembly, or parade has been obtained from the chief of police, or, as hereinafter provided, from the council of said city of Porterville. (Ord. Code § 6161.1; Ord. 927 § 1, 11-5-1968)

18-7.1: PARADES; APPLICATION AND PERMIT PROCEDURE:

Any person desirous of conducting a parade shall apply to the chief of police for a permit at least twenty (20) days in advance of the proposed parade. The application for such permit shall be made in writing on a form approved by the chief of police. In order that adequate arrangements may be made for the proper policing of the parade, the application shall contain the following information:

A. The name, address and telephone number of the person requesting the permit. If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized head of such organization.

B. The name, address and telephone number of the person who will be the parade chairman and will be responsible for its conduct.

C. The purpose of the parade.

D. The date when the parade is to be conducted.

E. The hours when the parade will start and terminate.

F. The route of the parade.

G. The approximate number of persons who, and the number and kind of vehicles and animals which will constitute the parade.

H. The location of the assembly area of the parade.

I. The location of the dispersal area of the parade.

J. The plans for the assembly and dispersal of the parade, including the times thereof.

K. A statement as to whether the parade will occupy all or only a portion of the streets proposed to be traversed.

L. If the dispersal area of the parade is located in another jurisdiction, the location of such dispersal area, and if a parade permit is required but has not been issued by such other jurisdiction, an alternate route and alternate dispersal area in the city of Porterville.

M. Such other information as the chief of police may reasonably require.

If there shall be no prior application for a parade at said time and place, the chief of police shall issue a permit granting the said application, subject to the provisions of section 18-7.3 of this article. In the event that there shall be a prior application for a parade to be held at said time, the chief of police may deny the permit therefor. The applicant for the parade permit shall be notified in writing of the action of the chief of police in granting or denying the permit at least ten (10) days prior to the date of the proposed parade. In the event the application is denied, the written notice of such denial shall set forth the reasons therefor. (Ord. 927 § 1, 11-5-1968)

18-7.2: MEETING OR ASSEMBLY; APPLICATION AND PERMIT PROCEDURE:

Applications may be made by any person to hold a meeting or assembly, and the application for such meeting or assembly must be filed with the chief of police at least four (4) days in advance of the date of the proposed meeting or assembly, specifying the time and place thereof, the name of the person or organization desiring the permit and such other information as may be required by the chief of police in order to enable him to make adequate arrangements, as circumstances may require, for the proper policing of the proposed meeting or assembly.

The chief of police shall forthwith issue a permit granting the said application unless a prior application for the said time and place shall have been made, in which event another time and place may be selected, and upon the selection of said alternative time and place by the applicant, the chief of police shall forthwith grant a permit therefor, subject to the provisions of section 18-7.3 of this article. (Ord. 927 § 1, 11-5-1968)

18-7.3: MEETING, ASSEMBLY OR PARADE CONSIDERATIONS OF POLICE CHIEF:

The said chief of police may refuse a permit for either a meeting, assembly or parade when in his judgment the conditions of vehicular and pedestrian traffic or the effect upon stores, offices and other places of business, or upon residents or hospitals, churches, institutions reserved for the sick, schools or educational institutions in the vicinity, all considered in relation to the safety, comfort and convenience of the public generally, shall so warrant. In making his determination the chief of police shall confer with the city manager and is authorized to suggest or require alternative routes, locations or times for any meeting, assembly or parade if in his judgment the provisions of this section so require. (Ord. 927 § 1, 11-5-1968)

18-7.4: PROCEDURE FOR APPEAL OF ADMINISTRATIVE DECISIONS:

Upon a denial by the chief of police of an application made in pursuance of section18-7.1 or 18-7.2 of this article, the applicant may appeal from the determination of the chief of police within two (2) days thereafter to the city council of the city of Porterville by filing his said application with the clerk of said city who shall set said appeal for hearing by the council at its next meeting. Upon such appeal the said council may reverse, affirm or modify in any regard the determination of the chief of police. To carry out the judgment of said council upon appeal, the chief of police shall be directed to act in conformity with the judgment of the council. (Ord. 927 § 1, 11-5-1968)

18-7.5: PENALTY FOR VIOLATION OF SECTIONS 18-7 THROUGH 18-7.3:

It shall be unlawful for any person to violate any provision or to fail to comply with sections18-7, 18-7.1, 18-7.2 and 18-7.3 of this article.

Any person violating any provision or failing to comply with any provision of said sections is guilty of a misdemeanor.

Any person convicted of a misdemeanor for violating any provisions or failing to comply with said sections shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county or city jail not exceeding six (6) months, or by both such fine and imprisonment. (Ord. 927 § 2, 11-5-1968)

18-8: RESERVED:

(Rep. by Ord. 1316, 8-21-1984)

18-8.1: RESERVED:

(Rep. by Ord. 1316, 8-21-1984)

18-8.2: SALE OF PERSONAL PROPERTY FROM RESIDENTIAL PREMISES:

A. Residential Sales Prohibited: It shall be unlawful for any person to conduct, or participate in the conduct of, a sale of personal property to the general public by means of a "garage" sale, "patio" sale, "yard" sale, or other sale similarly conducted on any residentially zoned premises, except as permitted in this section or authorized by chapter 21 of this code, or other law.

B. Time And Place Of Sale: Only two (2) such sales may be conducted at a particular place in any six (6) month period. No sale shall continue more than three (3) days. Sales shall be conducted between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. only.

C. Court Sales: This section shall not apply to sales conducted pursuant to process or order of any court of competent jurisdiction.

D. Penalty: Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor. (Ord. 1147 §§ 1–4, 7-18-1978; Ord. 1820, 12-16-2014)

18-9: RADIOS, RECORD PLAYERS DISTURBING PEACE IN NEIGHBORHOOD:

It shall be unlawful for any person within the city to use or operate or cause to be operated or to play any radio, phonograph, jukebox, record player, loudspeaker, musical instrument, mechanical device, machine, apparatus, or instrument for intensification or amplification of the human voice or any sound or noise in a manner so loud as to be calculated to disturb the peace and good order of the neighborhood or sleep of ordinary persons in nearby residences or so loud as to unreasonably disturb and interfere with the peace and comfort of the occupants of nearby residences.

The operation of any such instrument, phonograph, jukebox, machine or device in such manner as to be plainly audible at a distance of one hundred feet (100') from the building, structure, vehicle, or place in which, or on which it is situated or located shall be prima facie evidence of a violation of this section. (Ord. Code § 6311)

18-10: RADIOS, RECORD PLAYERS DISTURBING PEACE IN NEIGHBORHOOD; INTERFERENCE WITH RADIO RECEPTION:

It shall be unlawful for any person to operate in the city any device, appliance, equipment or apparatus, the operation of which will cause interference with radio or other wireless receiving apparatus; provided, that a person duly licensed to practice medicine, osteopathy, chiropractic or dentistry by the state may, in the course of and when required in the practice of his profession, operate or cause to be operated under his own direct supervision any such device, appliance, equipment or apparatus when and only when necessary for the giving of treatments or performing other necessary functions in the due course of his profession; provided further, that all reasonable methods for the prevention of interference with radio or other wireless receiving apparatus is attached or applied to such device, appliance, equipment, or apparatus, including the complete screening of the room in which the offending apparatus is operated, when such screening is required in order to avoid such interference. (Ord. Code § 6321.1)

18-11: RADIOS, RECORD PLAYERS DISTURBING PEACE IN NEIGHBORHOOD; INTERFERENCE WITH RADIO RECEPTION; NOT APPLICABLE TO STATIONS AND PUBLIC UTILITIES:

The provisions of the preceding section shall not apply to radio stations, either broadcasting, commercial or amateur, licensed by the federal government, or which are engaged in interstate communications, nor to public utilities under the supervision of the state railway commission. (Ord. Code § 6321.2)

18-12: RESERVED:

(Rep. by Ord. 1537 § A, 8-6-1996)

18-13: RESERVED:

(Rep. by Ord. 1537 § A, 8-6-1996)

18-14: LOUDSPEAKERS, OUTSIDE AMPLIFIERS; PERMIT REQUIRED:

It shall be unlawful for any person to maintain, operate, connect, or suffer or permit to be maintained, operated, or connected any loudspeaker or sound amplifier in such a manner as to cause any sound to be projected outside of any building or out of doors in any part of the city, except as may be necessary to amplify sound for the proper presentation of moving picture shows, or exhibiting for the convenient hearing of patrons within the building or enclosure in which the show or exhibition is given, without having first procured a permit from the chief of police, which permit shall be granted at the will of the chief of police upon application in writing therefor, but which permit, when granted, shall be revocable by the city council whenever any such loudspeaker or sound amplifier shall by the council be deemed objectionable, and any such permit may be so revoked with or without notice, or with or without a formal hearing, at the option of the council, and in the event of the revocation of any such permit, the same shall not be renewed, except upon application as the first instance. (Ord. Code § 6312)

18-15: RESERVED:

(Rep. by Ord. 1537 § A, 8-6-1996)

18-16: WATERWAYS; OBSTRUCTION GENERALLY:

It shall be unlawful to deposit, erect or maintain in any natural watercourse, or creek or in any waterway, within the city, anything which may obstruct the free flow of water therein. (Ord. Code § 3221.1)

18-17: WATERWAYS; OBSTRUCTIONS OF GUTTERS:

It shall be unlawful to obstruct any gutter so as to prevent the free flow of water therein. Driveways from the street to private premises shall be so constructed as not to prevent the free flow of water in the gutters of the street. (Ord. Code § 3221.2)

18-17.1: WATERWAYS; PORTER SLOUGH DECLARED NUISANCE UNDER CERTAIN CONDITIONS; ABATEMENT:

At those times when the Porter Slough is not in a clean, debris free and weed free condition, said slough constitutes a menace and hazard to the persons and property of the citizens of the city of Porterville. When said slough is not in a clean, debris free and weed free condition, the condition of said slough constitutes a nuisance, and the city of Porterville, acting through its duly authorized representatives, is hereby authorized to abate said nuisance. (Ord. 783, 2-18-1964)

18-18: WATERWAYS; OPEN WATER DITCHES; PROHIBITED GENERALLY; PROCEDURE FOR ABATEMENT:

The existence, maintenance or use of any open water ditch or water ditches on any alley, street or public place within the city by any person is dangerous to the public of the city, and an obstruction to the alleys, streets and public places on which such water ditch or ditches exist, is unlawful and a misdemeanor and is hereby declared a public nuisance, and may be abated by the city in a civil action in a court of competent jurisdiction, or by a criminal action for a violation of this section against such person owning, using and maintaining such open water ditch or water ditches within the city. When a civil action is brought in such case it shall be to compel such person owning, using or maintaining such open water ditch or water ditches within the city to change the manner or mode of the use of water or the distribution thereof, by requiring such person to abolish such water ditch or water ditches upon any street, alley or public place where the same exists, and instead thereof to require such person to pipe such water underground, on such alleys, streets or public places within the city, or by the construction of any other suitable or reasonable conduit to be placed under the ground on such alleys, streets or public places for the use and distribution of such water, after written notice of fifteen (15) days served upon such person to change the manner or mode of the use of such water. (Ord. Code § 3231)

18-19: WATERWAYS; OPEN WATER DITCHES; VIOLATION OF PRECEDING SECTION:

Any person who shall violate any of the provisions of section18-18 of this article or who shall after written notice by the city or its duly authorized officers thereto fail or neglect to comply with the provisions or requirements of such section within fifteen (15) days after a written notice has been served upon him to change the manner of the use of water or mode of distribution thereof shall be guilty of a misdemeanor. (Ord. Code § 3231.1)

18-20: RESERVED:

(Rep. by Ord. 1537 § A, 8-6-1996)

18-21: RESERVED:

(Rep. by Ord. 1537 § A, 8-6-1996)

18-22: DISCHARGING OF FIREARMS; EXCEPTION:

It is hereby declared to be unlawful for any person to shoot, fire or discharge any rifle, shotgun, pistol, revolver, firearm, deadly weapon, air gun, air rifle, air pistol, pellet gun, pellet pistol or pellet revolver, paintball gun or marker, or any other form of deadly weapon in the city; provided, however, that the provisions of this section shall not apply to any police officer in the performance of his official duties. (Ord. Code § 5313; Ord. 1537 § A, 8-6-1996; Ord. 1561 § 1, 7-21-1998; Ord. 1609, 4-2-2002)

18-23: ALARM SYSTEMS:

A. Purpose: The city hereby finds and determines that the regulation of alarm systems and the control of false alarms is necessary to promote the health, welfare and safety of the people in that some users have alarm systems which either mechanically malfunction or are not operated properly by their users, causing an increase in false alarm reports, thereby resulting in unnecessary costs and expense to the city and constituting a hazard to the safety of police officers and the public in general.

B. Definitions: For the purpose of this section, the following definitions shall apply:

ALARM SYSTEM: An assembly of equipment and devices arranged to signal the presence of a hazard requiring attention and to which police are "called upon" to respond.

CITY: The city of Porterville.

FALSE ALARM: An alarm signal, either silent or audible, necessitating response by the police department where an emergency situation for which the alarm system was designed or used does not exist.

The activation of an audible alarm system for one second or less shall not be deemed a false alarm.
In those situations where an alarm is reported, then canceled prior to the arrival of the police department by the alarm company

operator or the person(s) responsible for the premises, shall not be considered a false alarm.

PERSON: Shall mean and include any natural person, partnership, corporation, unincorporated association, or other business entity.

POLICE DEPARTMENT AND POLICE CHIEF: The police department and police chief, respectively, of the city.

PREMISES: Any building or structure identified by a numerical or lettered address where an alarm system is installed, or group of units

within one building or structure with one alarm system.

C. Registration Of Alarm Company Operators: It shall be unlawful for any person required to be registered as an alarm company operator by the California alarm company act to engage in the business of alarm company operator within the city without first filing copy of such state license with the police department.

D. Registration Of Alarm Agents: It shall be unlawful for any person required to be registered as an alarm agent by the California alarm company act to act as an alarm agent within the city without first registering his name and filing a copy of his state identification card with the police department.

E. Alarm System Regulations:

Automatic Deactivation: Every audible alarm system shall be equipped with a device which will automatically deactivate the alarm

system not more than thirty (30) minutes after the alarm system is activated.

Prohibited Sound: No alarm system shall be installed or used which emits a sound outside the premises which is similar to that of

an emergency vehicle siren or a civil defense warning system.

Notification: An alarm system operator shall cause the police department to be notified prior to any service, test, repair,

maintenance, alteration, or installation of an alarm system which might produce a false alarm.

Repairs: After any false alarm caused by a malfunction of an alarm system, the person operating such system shall cause the alarm system to be repaired to eliminate the malfunction before the reactivation of the alarm system.
1. Power Supply: Alarm systems shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of normal utility electricity will not activate the alarm system. The power supply must be capable of at least four (4) hours of operation.
2. Prohibited Systems: No person shall have installed any system which, when activated, automatically dials the police department with a prerecorded message of any type.

F. Confidentiality: Information as to the presence or absence or type or operation of any alarm system coming into the possession of the chief of police, any of his subordinates, or any other city employee in the course of their official duties shall be held in strictest confidence and shall not be disclosed other than to such public officials who might require such information in the performance of their official duties.

G. False Alarm Service Fee: Any person who maintains or has an alarm which has caused any signal, message, or alarm to be transmitted to the police department, either by direct telephone or other direct communication, or by communication from an alarm agent, or an alarm business, or by a person responding to an audible alarm, and which is a false alarm, shall pay a false alarm service fee to the city as established by resolution of the city council; provided that the false alarm was the third or subsequent such alarm in the immediately preceding six (6) calendar months.

Late Payment Of False Alarm Service Fee: In the event a false alarm service fee is levied and such fee is not paid within thirty

(30) calendar days, an additional charge shall be applied to the fee provided under this subsection.

City Fees Not Related To Any Private Alarm Service Fees: False alarm service fees are levied to deter incidences of false

alarms. They have no relationship to any fees which may or may not be charged by any alarm company operators for services they may perform.

H. Forgiveness Of False Alarm Service Fee: When a person comes under the provisions of subsection G of this section due to "acts of God" or mechanical malfunction of the alarm system and repair service was not immediately available to correct the malfunction and the alarm system has subsequently been repaired, the chief of police may forgive the false alarm service fee upon presentation of adequate documentation of those facts from a licensed repair organization.

I. Nonresponse By Police Department: When any person maintains, or has an alarm system, or operates an alarm system in such a manner which causes any signal, message, or alarm to be transmitted to the police department, either by direct telephone or other direct communication, or by communication from an alarm agent, or an alarm business, or by a person responding to an audible alarm, and which is a false alarm twelve (12) or more times in any three (3) consecutive calendar months, that premises may be placed on a nonresponse list by the chief of police. Failure to pay any false alarm service fee for a period of over thirty (30) days may result in the premises being placed on a nonresponse list by the chief of police. The person responsible for the premises shall be notified by the chief of police via United States mail that the premises has been placed on the nonresponse list. While a premises is listed on that nonresponse list, officers of the police department will not respond to alarm calls at the premises.

Removal From Nonresponse List: The chief of police shall remove any premises from the nonresponse list upon adequate

documentation of proper repairs to the alarm system or training of the persons operating the alarm system so that the high incidence of false alarms will not occur.

Payment Of Fees: The chief of police shall remove any premises from the nonresponse list which was placed there for

nonpayment of fees upon proof that such fees and appropriate penalty fees have been paid.

J. Limitation On Liability: The city or its police department, or any employee thereof, is under no obligation or duty to any person or premises by reason of any provision of this section, or the exercise of any privilege by any person or premises hereunder, including, but not limited to, any delay in transmission of an alarm message to any emergency unit, or damage caused by delay in responding to any alarm by any city officer, employee, or agent.

K. Criminal Penalties: Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 1023 § A, 6-20-1972; Ord. 1291 § A, 12-20-1983; Ord. 1317, 8-7-1984; Ord. 1403 §§ A–K, 7-5-1988)

18-24: ALCOHOLIC BEVERAGES IN PARKS 1 :

A. Regulated: It shall be unlawful for any person at Murry park, Veterans' park, Olivewood park, Noon Lion's park, North park, Zalud park or Hayes field to possess or consume any alcoholic beverages unless the person has a valid permit and is in the immediate vicinity of the event for which the permit was issued.

B. Permit: A permit may be obtained from the city to consume alcoholic beverages at the aforementioned city parks. The party requesting such permit shall apply to the director of parks and leisure services for such permit, on a form specified by that department, for any person or group activity, no less than five (5) working days prior to the requested date.

C. Sales At City Facilities: Except as provided in subsection D of this section, no person shall be allowed to sell alcoholic beverages at any city facilities for consumption on such city facilities, except as provided herein:

Any person seeking to sell alcoholic beverages must first obtain:

a. An on-sale license issued by the California department of alcoholic beverage control, and

b. A civic event permit approved by the city council pursuant to section 15-20 of this code.

Sales of alcoholic beverages shall only be permitted at the following city facilities:

a. Municipal ballpark;

b. Porterville municipal airport.

D. Exceptions; Licensed And Leased Facilities: Notwithstanding subsection C of this section, nothing herein shall be construed or interpreted to impair any contract, license or lease for the use of city facilities, whether or not such contract, license or lease expressly permits the on site sale of alcoholic beverages now in place, or hereinafter entered into, with the city.

E. Penalty For Violation Of Section: Any person violating any provision or failing to comply with any provisions of the above subsections is guilty of an infraction.

F. Definition: The definition of "alcoholic beverage" as used herein shall include alcohol, spirits, wine, beer, and liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent (0.5%) or more of alcohol by volume and which is fit for beverage purposes whether alone or when diluted, mixed or combined with other substances. (Ord. 1079 § A, 9-2-1975; Ord. 1217 §§ A–D, 10-28-1980; Ord. 1453 § A, 9-17-1991)

Notes

1 1. See also chapter 19, "Parks", of this code.

18-25: PARKING OR STORING OF VEHICLES ON LAWNS:

A. Purpose/Findings: The parking or storing of vehicles on residential area lawns is unsightly, poses a potential threat to ground water quality, and constitutes a public nuisance.

B. Definitions: As used in this section:

DRIVEWAY: A passageway composed of concrete or asphalt that connects to a public street or legal right of way, controlled by the city of Porterville, allowing vehicles to access a garage, carport, or other legal parking space.

IMPROVED AREA: A section of the lot that has been altered and defined by concrete, asphalt, or gravel, with a positive boundary, for the means of providing a parking space for a vehicle. The improved area must be entered via a driveway or curb cut, except where adjacent to a paved street where there is no curb.

PARK OR STORE: The parking or storing of a vehicle for any period of time.

C. Prohibition:

The parking of vehicles is prohibited on any front yard setback within a residentially zoned area, except in an area defined as a "driveway" or "improved area". This prohibition shall not apply to properties that do not have a "driveway" or "improved area" as defined in this section.
1. The parking or storing of vehicles on blocks, jacks, or stands, regardless of whether said vehicle is on a nondriveway area or a driveway or improved area, is prohibited. To the extent said vehicles are abandoned, wrecked, dismantled or in an inoperative condition, chapter 17, article XVII, of this code shall apply. (Ord. 1741, 7-1-2008)

18-26: NEGLECT OF REAL PROPERTY:

A. Purpose: The city hereby finds and determines that the regulation of all real property, which is neglected, is necessary to promote the health, safety, and general welfare of the people in that neglected real properties can have a detrimental effect upon surrounding property values and upon the attitude, mentality, and productivity of the general public.

B. Definitions: For purposes of this section only, the following definitions shall apply:

NEGLECTED: The maintenance (or lack thereof) of any real property in such a manner as to cause or allow the real property to become defective, unsightly, or in such other condition of deterioration or disrepair. This includes, but is not limited to, the following:

Any improvement on the real property, including, but not limited to, buildings, garages, carports, or roofs or gutters when the

condition of the patio, curtilage, stucco, siding, or other exterior coating has become so deteriorated as to permit decay, weathered appearance, peeling paint, excessive inspection, cracking, broken windows, or warping, rendering the building unsightly and in a state of disrepair.

Buildings or structures, which are abandoned, boarded up, partially destroyed, or left in a state of partial construction or repair for an unreasonable time; a period of ninety (90) days shall serve as the standard in determining whether an unreasonable time has elapsed.
1. Abandoned or broken equipment or machinery, visible from a public street or sidewalk, or from adjoining property unless separated by a fence at the height otherwise required pursuant to city regulations and standards.
2. Property with excessive trash and debris, visible from a public street or sidewalk, or from adjoining property unless separated by a fence at the height otherwise required pursuant to city regulations and standards.
3. Storage of household items customarily used inside a dwelling area including, but not limited to, appliances and furniture in any front yard setback or driveway area.
4. Storage or placement of equipment, construction materials or machinery upon public property or public right of way except during necessary work or repair.
5. The maintenance of real property so out of harmony or conformity with the adjacent or surrounding properties as to cause diminution of the enjoyment, use, or value of such properties.

REAL PROPERTY: All land and accompanying structures, whether attached to the land or mobile, for commercial or residential use.

C. Failure To Properly Maintain Property: Neglect of "real property", as defined by this section, shall result in a detailed notice from the city requiring conformity to this section within ninety (90) days. Failure to conform to the requirements of this section within ninety (90) days may result in a declaration by council of the real property as a public nuisance and summary abatement as provided in section 1-10 of this code, civil injunction, and/or any other remedies permitted by law. To the extent permitted by law, the city shall be entitled to recover all costs for abatement of the nuisance, any costs incurred by the city in remedying any violation of this section, and any and all litigation and enforcement costs, including reasonable attorney fees and costs related to any civil enforcement action. (Ord. 1682 § 1, 11- 1-2005)

18-27: RESERVED:

(Ord. 1537 § A, 8-6-1996)

18-28: KEEPING OF BEES:

A. Unlawful: It shall be unlawful for any person, firm or corporation to bring, have, keep or maintain, within the city, at any time from sunrise to sunset in any year, any swarm or swarms, colony or colonies of honeybees.

B. Public Nuisance: Any swarm or swarms, colony or colonies of honeybees so brought, had, kept or maintained within the city shall be and constitute a public nuisance; and it is hereby made the duty of the police officers of the city to abate any such nuisance by destroying any such bees, or by removing or causing the same to be removed from the city.

C. Exemption: Placement of bees on property that has crops dependent upon bee pollination for crop production shall be exempt from the provisions of this section. Only the number of bees reasonably necessary to pollinate the crops located on the subject property during the time pollination is required shall be so exempt. (Ord. 1351 §§ 1, 3, 4, 6-17-1986)