Sacramento Municipal Code Ch. 9.04 Offenses Against Public Peace and Decency

A. Definitions. The following words and phrases whenever used in this section shall be construed as defined in this section.

"Bet" and "betting" includes an agreement, express or implied, between two or more persons that money or some representative of value contributed by those so agreeing shall become the property of one or some of them upon the happening or not happening in the future of an event which, at the time the agreement is reached, is an uncertainty, or upon the ascertainment of the facts in dispute.

Gamble. "To gamble" and "gambling" includes the playing at or with a game, device, or contrivance, for money, checks or other representative of value, in which the element of chance is the dominating factor in determining the result of the game, device or contrivance, or betting on the result of any such game, device or contrivance.

"Representative of value" includes money, coin, currency, check, chip, allowance, token, credit, merchandise, property, services, or any other thing of value.

B. Gambling and Betting on Public Streets, Etc., Unlawful. It is unlawful for any person to gamble at cards, dice, or any other game, device or contrivance not mentioned in Sections 330 and 330(a) of the Penal Code of the state of California:

• 1. On any street, sidewalk, alley, highway, or public court; or
• 2. On the ground of any park as defined in Section 12.72.010 of this code; or
• 3. On the grounds of any children's playground area as defined in Section 12.72.010 of this code; or

4. Upon any property used, or intended to be used as an accessory use, for the parking of motor vehicles for the patrons of any commercial establishment; or

5. On any part of a vacant or undeveloped lot which is visible from any street.

C. Exceptions. Nothing in this section shall be construed to prohibit any activity authorized by the Business and Professions Code of the state of California.

Nothing in this section shall be construed to make criminal any act or acts which are permitted or prohibited by any law of the state of California.

Nothing in this section shall be construed to prohibit any act or acts which are permitted under this title. (Prior code §§ 18.02.200-18.02.202)

No person within the city shall sell or offer or expose for sale any wood or denatured alcohol in quantities of less than one pint. (Prior code § 26.01.002)

No person shall expectorate on the floor of any street railway car, other public conveyance or public building or on any sidewalk in the city. (Prior code § 26.01.014)

A. It is unlawful for any person to consume beer, wine, or any intoxicating liquor on any street, sidewalk, alley, highway or public court except where expressly permitted pursuant to the terms of a permit issued by the city for temporary use and occupancy of such public property.

B. It is unlawful for any person to consume beer, wine, or any intoxicating liquor:

1. Upon any property used, or intended to be used as an accessory use, for the parking of motor vehicles by the patrons of any commercial establishment authorized by the state of California to sell alcoholic beverages; or

2. Upon any unimproved property which adjoins such commercial establishment not used for the parking of motor vehicles, which is owned, operated or possessed by the owner, lessee or agent of such commercial establishment; or

3. Upon private property open to the public, including, but not limited to, parking lots and shopping centers except where expressly permitted pursuant to the terms of a license issued by the ABC; or

4. Upon a private drive, stairway, doorway or other private property open to public view without the express permission of the owner, the owner's agent or the person lawfully in possession of the private property.

C. It is an infraction for any person who has 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, to enter, be, or remain on the premises of, including the parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed premises, if the premises and parking lot contain clearly visible notices to the patrons of the licensee and parking lot and to persons on the public sidewalk as follows:

Unlawful to enter, be or remain on these premises, adjacent parking lot or adjacent public sidewalk with an open alcoholic beverage container. CPC 647e(a); Sacramento City Code Section 9.04.050(C)

D. This section shall not prohibit the consumption, at sidewalk tables adjacent to the premises, of alcoholic beverages purchased on the premises by the customer of a bona fide eating place, as the term is defined in California Business and Professions Code Section 23038, if the bona fide eating place has obtained a revocable encroachment permit from the city authorizing the placement of sidewalk tables and a license from the Department of Alcoholic Beverage Control which permits the sidewalk consumption.

E. Nothing in this section shall be construed to make criminal any act or acts which are permitted or prohibited by any law of the state of California.

F. Notwithstanding any provision to the contrary, this section does not prohibit the consumption of alcoholic beverages in an entertainment zone during an entertainment zone event, in accordance with chapter 12.50. (Ord. 2025-0017 § 1; Ord. 2006-049 § 1; prior code § 26.01.024)

A. Purpose. Public property and public places within the city should be readily accessible and available to residents and the public at large. The consumption of alcoholic beverages in these areas can constitute a public health and safety hazard that adversely impacts neighborhoods, commercial areas, and the general welfare of the city. It is the city's intent to promote the use and enjoyment of public property and public places while balancing special events where alcoholic beverages may be permitted with appropriate conditions and regulations in place.

B. Definitions. As used in this section:

1. "ABC" means the California Department of Alcoholic Beverage Control.

2. "Alcoholic beverage" means any alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, as set forth in California Business and Professions Code Section 23004

3. "City facilities" means structures, buildings or parks owned or controlled by the city of Sacramento.

4. "Open container" means any bottle, can, jug, box or other receptacle that is open or has been opened and contains any alcoholic beverage.

5. "Public property" means any property owned or controlled by the city of Sacramento, including, but not limited to, a street, sidewalk, bike path, alley, parking lot or public park.

C. Possession of Open Containers on Public Property Prohibited. No person shall possess an open container on public property except as provided herein. This section is enacted pursuant to Section 25620 of the California Business and Professions Code.

D. Exceptions.

1. This section does not prohibit the possession, at sidewalk or boardwalk tables adjacent to the premises, of an open container purchased by the customer on the premises of a bona fide eating place, as the term is defined in California Business and Professions Code section 23038, if the bona fide eating place has obtained a revocable encroachment permit from the city pursuant to Chapter 3.76 authorizing the placement of sidewalk or boardwalk tables and a license from the ABC that permits the sidewalk or boardwalk consumption.

2. This section does not apply:

a. When the possession of an open container is within a structure or designated area located in a park or other public space or area for which an alcohol license has been issued by the ABC.

b. To city facilities during the course of approved city events where the consumption of alcoholic beverages has been specifically permitted.

c. On public property when the city has issued a permit for temporary use and occupancy of public property and the permit provides that alcoholic beverages will be sold or consumed as a part of the function for which the permit is issued.

d. To the consumption of alcoholic beverages in an entertainment zone during an entertainment zone event, in accordance with Chapter 12.50.

E. Penalty. Unless another penalty is specified in state law, any person violating this section is guilty of an infraction.

F. Preemption by State Law. This section shall not be construed or interpreted as applicable to any act or acts regulated by state law, but shall be limited to permitted subjects of local regulation not preempted by state law. (Ord. 2025-0017 § 2; Ord. 2016-0030 § 5; Ord. 2006-049 § 2)

A. Definitions. For purposes of this section, the following words and phrases are defined as follows:

1. "Nude" or "nudity" means exposure of the genitals, pubic area, anus, or buttocks with less than a fully opaque covering; or exposure of a female breast below a horizontal line across the top of the areola at the areola's highest point with less than a fully opaque covering.

2. "Public property" means any property owned or controlled by the city of Sacramento, including, but not limited to, any building, street, sidewalk, bike path, alley, parking lot, plaza, park, playground, pool, beach or adjacent waters, or other place open to the public.

B. Public Nudity Prohibited. No person shall be nude upon public property or upon any portion of private property that is visible from public property.

• C. Exceptions. This section shall not apply to:

• 1. Children under the age of ten (10) years;
• 2. The exposure of a breast while breastfeeding a nursing child;

3. Theatrical performances in a theater, concert hall, or other similar establishment located on public property;

4. Nudity within a fully enclosed structure intended to allow brief nudity, such as a bathroom, locker room, dressing room, or changing room; and

5. Any act that is expressly permitted or prohibited by any law of the state of California.

D. Violation.

1. In addition to any other remedy allowed by law, any person who violates this section is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 1.28.

2. Any person who violates this section is guilty of a misdemeanor.

3. Violations of this section are hereby declared to be public nuisances and the city attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin the violations. (Ord. 2015-0027 § 1; prior code § 26.01.059)

It is unlawful for any person to urinate or defecate in a public place other than a restroom, or in a place open to public view, or upon the private property of another without the consent of the owner or person in lawful possession. (Prior code § 26.01.074)

A. It is unlawful for any person to loiter on any property in the proximity of any identified no-cruising zone.

B. For purposes of this section, "loitering" means being present on any property under such circumstances that a reasonable person would conclude that the person:

• 1. Does not have a purpose connected with the usual and ordinary use to which such property is put; and
• 2. Does not have a bona fide intent to exercise a constitutional right; and
• 3. Is causing public inconvenience or annoyance.

C. For the purposes of this section, "property in the proximity of any posted no-cruising zone" means any property which is both visible from and located within three hundred (300) feet of any portion of a street, alley or highway which is clearly identified by signs as a no-cruising zone pursuant to Section 10.32.080 of this code.

D. It is a separate offense if, upon citation for loitering pursuant to this section, a person fails to depart promptly from the proximity of the posted no-cruising zone.

E. Violation of this section is an infraction. The penalty for a first violation hereunder is a one hundred dollar ($100.00) fine; for a second violation within one year, the penalty is a two hundred dollar ($200.00) fine; for each additional violation within one year, the penalty is a five hundred dollar ($500.00) fine. (Prior code § 26.01.076)

Any person violating Section 9.04.050(A), 9.04.050(B) or 9.04.060 of this chapter shall be guilty of a misdemeanor. (Prior code § 26.01.075)