San Clemente Municipal Code Ch. 9.04 Offenses Against Public Peace and Decency

A. .....For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this subsection:

"Drive-in restaurant" or "drive-in stands" means any restaurant or any place where food or beverages or other refreshments are sold to the public, and so designed as to accommodate the automobiles or other vehicles operated or occupied by patrons or customers of such restaurant receiving service in such automobile or vehicle.

"Drive-in theatre" means any land enclosed by a fence, containing a stage or screen designed primarily for the presentation of moving pictures, shows, dramatic or musical performances and designed to accommodate automobiles or other vehicles operated, used or occupied by the patrons of such theatre during the presentation of such show or performance.

"Hotel" shall include motel, motel-hotel and motor court.

"Residence" means a dwelling designed for occupancy by not more than two families, whether in one or separate dwelling units.

"Trailer court" or "trailer park" means any area or tract of land where space is rented or held out for rent and intended for occupancy by two or more coaches or trailer houses.

B. .....No person shall do any of the following:

1. Congregate with two or more other persons on any public street or in any public place, or in any place open to the patronage of the public, when the purpose of so congregating is interfere with the lawful discharge or pursuit of any lawful business or occupation by any other person, or to maliciously interfere with any occupant, licensee, guest or invitee lawfully on such place;

2. Become part of or remain in a group of three or more persons in any public place or any place open to the patronage of the public, when any member of such group is engaged in the commission of a felony or a misdemeanor; or when any member of such group is about to engage in the commission of a felony or a misdemeanor, and after disobedience to a request to disperse has been made to such persons by a law enforcement officer or by the owner or person in charge of such premises;

3. Incite or encourage by words or conduct disobedience to any lawful order or request of any law enforcement officer pursuant to and in the performance of his or her duties;

4. Park contrary to and in violation of posted instructions any automobile or other vehicle, whether attended or not, upon any private parking lot intended for the employees, customers, clients or patrons of any professional, business, commercial or industrial establishments when such parking lot is posted at the entrance thereof in a conspicuous manner conveying the information to the public that such parking lot is reserved for such employees, customers, clients and patrons of such professional, business, commercial or industrial establishment;

5. Enter the premises, including the grounds, of any private residence for the purpose of participating in any festivity, party, social function, social affair, dance, ceremony or private gathering of persons, unless such person so entering the premises or grounds was at the time of such entering an invitee or guest of the occupant of such premises; and no person under false pretense of being an invitee or guest shall gain admittance to any such premises or grounds;

6. Sit, lie, recline, kneel or otherwise unreasonably restrict or obstruct the free use of any public sidewalk, walkway, passageway, or any public place, or for any number of persons to congregate in such a manner as to willfully and unnecessarily obstruct or interfere with the free movement and passage of persons or vehicles in any public street or any other public place within the City;

7. Park, leave or cause the parking or leaving of any bicycle, vehicle or other like object or thing on any public sidewalk, walkway or public place so as to obstruct or interfere with the reasonable movement of any person.

(Prior code § 16-3)

(Ord. No. 1651, § 2, 2-20-2018; Ord. No. 1664, § 25, 9-18-2018)

No person shall consume, sell, purchase, give away, or possess an open container that contains any alcoholic beverage on or upon any public place including any public street, right-of-way, park, beach, pier, or any public property. The above notwithstanding, the City Council may, by resolution, grant exceptions to this prohibition for food establishments which have been licensed by the state to serve alcoholic beverages if the Council determines, in its sole discretion, that any such exception will not be contrary to the public health, safety, or welfare. Any such exceptions shall be subject to such conditions as the City Council deems necessary or convenient.

(Prior code § 16-5; Ord. No. 1663, § 2, 9-18-2018)

A. .....State law requires the City to allow limited home cultivation of marijuana for personal use, but it also allows the City to impose reasonable regulations for the public health, safety, and welfare. Section 17.28.035 C.3 allows the use. This section regulates the manner in which it is done.

B. .....The definitions in Section 17.28.035 B. and in Chapter 17.88 apply to this section, unless otherwise indicated.

C. .....Limited home cultivation is allowed under Section 17.28.035 C.3, but only if it complies with each of the following health-and-safety regulations:

1. Resident Only. A person may only engage in limited home cultivation inside his or her primary residence or an accessory structure thereto; non-residents may not engage in limited home cultivation. (See Subsections 17.28.035 B.7 defining "limited home cultivation" and B.13 defining "private residence.") For purposes of this section 9.04.025 C.1, "person" is limited to a natural person; no corporate "person" may engage in limited home cultivation.

2. Only in a Dedicated Cultivation Area. Limited home cultivation is only permitted in a dedicated cultivation area. The cultivation area must be used exclusively for limited home cultivation; it may not be used for sleeping, cooking, eating, bathing, or any other residential activity. If the cultivation area is in the private residence itself, it must be physically separated from the residential areas of the residence, such as in a separate room or closet with a lockable door. The cultivation area may not be used or prepared in a manner to cultivate more than six marijuana plants.

3. Properly Permitted Building and Utilities. The private residence or accessory structure that includes the cultivation area, and all the plumbing, electrical, and other utilities in the residence or structure, must be properly permitted by the City and by any other applicable regulatory agency.

4. Strict Compliance with Building and Safety Requirements. No artificial light, ventilation, heating, or air conditioning may be used in support of limited home cultivation except in compliance with the California Building Code, the San Clemente Municipal Code, and any other permitting requirements that may be imposed.

5. No Controlled Chemicals. The following chemicals may not be used in limited home cultivation; they may not be used or stored for any purpose in the cultivation area; and, if they are lawfully stored elsewhere on the grounds of a private residence where limited home cultivation takes place, they must be stored in leak and fireproof containers sufficient to provide storage up to required safety standards. These chemicals include:

a. Explosive gases, including, but not limited to: Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, Oxygen (02), Carbon dioxide (CO2) or Hydrogen (H2); and

b. Dangerous poisons, toxins, or carcinogens, including, but not limited to: Methanol, Iso-propul Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, or Tri-chloro-ethylene.

6. Not Visible. Neither the marijuana plants nor the marijuana that they produce may be visible by normal unaided vision from any public place. The cultivation area itself must not be visible from anywhere outside the residence or structure that contains it. Every window, skylight, ventilation, and other opening must be sufficiently covered or opaque as to obscure visibility of the cultivation area from any adjacent property.

7. Not Detectible. The cultivation area must not produce any odor, sound, or other emission that is detectible with normal unaided senses from outside the grounds of the private residence if that odor, sound, or other emission indicates that marijuana cultivation is taking place. Nor may the cultivation area produce any odor, sound, or other emission that constitutes a nuisance under Section 8.52.010.

8. Secured Area. State law requires the cultivation area to be enclosed and secured with a lock.

a. The cultivation area must be accessible only by lockable doors, and any window, skylight, ventilation opening, or other opening must also be lockable.

b. Every opening to the cultivation area must be kept locked at all times when the opening is not in use. The cultivation area may not be left unsecured.

9. Limited Access. Access to the cultivation area must be restricted to the residents that are authorized by this section and Section 17.28.035 to engage in limited home cultivation at that property.

(Ord. No. 1632, § 3(Exh. A, § 1), 11-15-2016)

No person shall sell, or offer to sell, any alcoholic liquor on any public street, alley, highway, court, park, railway, depot, place, or public square, without having first obtained the approval of the City Council. An application for approval shall be accompanied by a fee of thirty dollars ($30.00). Any approval shall be subject to the applicant providing the City with a certificate of insurance showing that the applicant is insured against any claims or liabilities for personal injury or death or property damage which may arise out of activities undertaken pursuant to such approval. Such insurance shall be in an amount acceptable to the City Council and shall name the City as an additional insured.

(Prior code § 16-6)

No person shall enter upon private property for the purpose of soliciting orders for the sale of goods, wares, merchandise, services, and building and loan stocker accounts or for the purpose of disposing of, peddling, demonstrating, canvassing, advertising, or hawking the same, except during the hours between sunrise and sunset. Furthermore, no person shall so solicit upon any private property that has been posted with a sign reading, in substance, "No Soliciting."

(Ord. 1152 § 2, 1995: prior code § 16-19)

A. Purpose and Intent. .....It is the purpose and intent of this section that the storage of firearms in residences within the City of San Clemente be regulated for the protection and health of the public and to prevent firearm access by a person who is not the authorized user of a firearm.

B. Definitions. .....For the purposes of this section, defined terms appear in italics. The following definitions apply in this section:

1. "Accessory structure" and "accessory building" have the same meaning as in San Clemente Municipal Code section 17.88.030.

2. "Authorized user" means a person who is not prohibited from owning or possessing a firearm.

3. "Firearm" means any weapon from which a missile, such as, but not limited to, a bullet, ball, or shell, is hurled by an explosive.

4. "Locked container" has the same meaning as in California Penal Code section 16850.

5. "Person" has the same meaning as in San Clemente Municipal Code section 1.04.020.

6. "Residence" means any structure intended or used for human habitation including, without limitation, houses, townhouses, condominiums, apartments, and mobilehomes.

7. "Structure" and "building" have the same meaning as in San Clemente Municipal Code section 17.88.030.

8. "Trigger lock" means a firearm safety device approved by the California Department of Justice Bureau of Firearms in accordance with California Penal Code section 23635.

C. Prohibition. .....It is unlawful for any person to keep a firearm within any residence, including its accessory structures or accessory buildings, whether attached or detached, unless the firearm is stored in a locked container or disabled with a trigger lock.

D. Exceptions. .....Subsection C shall not apply in the following circumstances:

1. The firearm is carried on the body of a person who is an authorized user of the firearm, or

2. The firearm is in the immediate control of the authorized user so that the person can readily retrieve and use the firearm as if carried on the person's body.

E. Reporting Lost or Stolen Firearms. .....In order to encourage reports to law enforcement agencies of lost or stolen firearms, a person who files a report with a law enforcement agency notifying the agency that a firearm has been lost or stolen shall not be subject to prosecution for violation of this section for the firearm that is reported lost or stolen.

(Ord. No. 1773, § 3, 3-5-2024)

No person shall discharge or set off within the City any gun, rifle, pistol or other firearm, or any airgun, slingshot, or other contrivance discharging shots, slugs, darts, arrows, rocks, or other missiles of a type likely to endanger life or property; provided, that this shall not apply to any peace officer acting in his or her official line of duty or to any other person acting in his or her official line of duty, or where such act is necessary for the protection of human life or property, or otherwise permitted by law; and further provided that this section shall not apply to the discharge of any gun, rifle, pistol or other firearm within the confines of and in accordance with the operating regulations of a rifle, pistol, trap or skeet range established and approved by the City.

(Prior code § 16-20)

A. Exposure by Waiters, Waitresses or Entertainers—Generally. .....Every person is guilty of a misdemeanor who, while acting as a waiter, waitress or entertainer in an establishment which serves food, beverage or food and beverages including, but not limited to, alcoholic beverages for consumption on the premises of such establishment:

1. Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region;

2. Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

3. Exposes any portion of the female breasts at or below the areola thereof.

B. Same—Counseling, Assisting, etc. .....Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in subsection A of this section.

C. Same—Definitions. .....A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity, without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.

D. Exposure During Public Performance—Generally. .....Every person is guilty of a misdemeanor who, while participating in live act, demonstration or exhibition in any public place, place open to the public or open to public view:

1. Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

2. Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic region; or

3. Exposes any portion of the female breast at or below the areola thereof.

E. Same—Counseling, Assisting, etc. .....Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in subsection D of this section.

F. Exemption of Theatrical Establishments. .....The provisions of this section shall not apply to a theater, concert hall or similar establishment which is primarily devoted to theatrical performances.

(Prior code § 16-21)

No person shall appear, bathe, sunbathe, walk or be in any public park, playground, beach or the water adjacent thereto, or any other public land or in any private property open to public view from any public right-of-way, public beach, public park or public land in such a manner that the genitals, pubic hair, buttocks, anus, anal regions or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque covering. This section shall not apply to children under the age of ten (10) years.

(Prior code § 16-21.1)

A. .....No person shall urinate or evacuate his/her bowels on private property in an area exposed to public view or on any public street, sidewalk, alley, park, beach or other public place or property, except in a public restroom.

(Prior code § 16-21.2; Ord. No. 1664, § 26, 9-18-2018)

A. .....It shall be unlawful for any person in or on any street, sidewalk or other public way within any commercially zoned area of the City to:

1. Importune or solicit the purchase of any goods, wares or merchandise, or the employment of any services or facilities;

2. Cry, solicit or proclaim the availability of any goods, wares or merchandise, or of any services or facilities;

3. Cry, solicit for or proclaim any show, exhibition, entertainment tour, excursion or real estate;

4. Make any statement or gesture for the purpose of commanding, announcing, advertising or calling attention to any of the foregoing.

B. .....It shall be unlawful for anyone who is visible or audible to any person on any street, sidewalk or public way within any commercially zoned area of the City, in a loud, boisterous, raucous, offensive or insulting manner to:

1. Importune or solicit such person to purchase any goods, wares or merchandise, or to employ any services or facilities;

2. Cry, solicit or proclaim to such person the availability of any goods, wares, merchandise, services or facilities;

3. Cry, solicit or proclaim any show, exhibition, entertainment tour, excursion, real estate or inspection trip;

4. Make any statement or gesture for the purpose of commanding, announcing, advertising or calling attention to any of the foregoing.

C. .....It shall be unlawful for any person in or on any street, sidewalk or other public way within any commercially zoned area of the City, to importune or solicit any other person by word of mouth, gesture or otherwise, to enter a place where goods, wares or merchandise are sold, or where for a price or a donation, services are offered, or any exhibition, motion picture, play or performance is shown.

D. .....It shall be unlawful for anyone who is visible or audible to any person on any street, sidewalk or other public way, within any commercially zoned area of the City, in a loud, boisterous, raucous, offensive or insulting manner to importune or solicit any other person to enter a place where goods, wares or merchandise are sold, or where for a price or donation, services are offered, or any exhibition, motion picture, play or performance is shown.

E. .....No person shall solicit custom or patronage upon any street, sidewalk or public way within any commercially zoned area of the City, in a loud, noisy or boisterous tone of voice or manner, or cry out or lay hands upon the person or baggage of any person without the express consent of such person or obstruct the movement of any person or follow any person for the purpose of soliciting custom or patronage.

F. .....Nothing contained in this section shall be so construed as to apply to activities such as, but not limited to, a sightseeing tour operating under and by virtue of a permit from the public utilities commission and for which tour a fixed charge is made to the person carried; sidewalk vending operations subject to a sidewalk vending permit issued by the City; and annual Fiesta, charitable, organizational or similar activities which have received City approval.

G. .....Expressed exemptions from the application of this section can be granted by motion of the City Council.

(Prior code § 16-29)

(Ord. No. 1680, § 7, 9-18-2019)

A. Definitions. .....For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. When not inconsistent with the context, words used in the present tense include the future, words used in the singular form, include the plural form, and words used in the plural form include the singular form. The word "shall" is always mandatory and not merely directory.

"Public place" means a place where a governmental entity has title or to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, parking lot, transportation facility, school, place of amusement, park, playground.

"Public transportation vehicle" means any vehicle, including a trailer bus, designed, used or maintained for carrying 10 or more persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire.

"Solicit" means using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

B. Prohibited Solicitation.

1. Aggressive Solicitation. No person shall solicit in an aggressive manner in any public place. A person solicits in an aggressive manner by engaging in any of the following before, during, or after solicitation:

a. Approaching, speaking to, or following a person, if that conduct is intended or is likely to cause a reasonable person to

i. Fear bodily harm to oneself or to another person, damage to or loss of property; or

ii. Otherwise be intimidated into giving money or other thing of value;

b. Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent; or

c. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact.

2. Public Transportation Vehicles. No person shall solicit in any public transportation vehicle.

C. .....Nothing in this section shall be construed to prohibit the lawful vending of goods and services within such areas described herein.

(Ord. No. 1643, § 2, 7-18-2017)

Except as provided in Title 17, no person shall occupy or use any mobilehome, trailer, camp car, vehicle or other conveyance, tent or temporary structure of any kind as a dwelling or for living or sleeping purposes upon any public or private property within the city, except within a mobilehome park or campground which is operating under a license or other permit from the city, or operating under jurisdiction of the state.

(Prior code § 16-27)

A. .....For the purposes of this section, the following words and phrases shall have the meanings ascribed below:

"Picketing" means the posting or stationing of a person or group in a particular location or area for the purpose of engaging in a demonstration or protest.

"Targeted picketing" means picketing activity that occurs within the vicinity of and is targeted at a particular residential dwelling or one (1) or more of the occupants of a particular residential dwelling.

"Residential dwelling" means any permanent building situated in the City of San Clemente that is being lawfully used by its occupants for non-transient residential uses.

"Targeted residential dwelling" means any residential dwelling in which the target or targets of picketing reside.

B. .....No person shall engage in targeted picketing within two hundred (200) feet of the property (measured from the property line) upon which the targeted residential dwelling is located. This section does not and shall not be interpreted to preclude picketing in a residential area that is not targeted at a particular residential dwelling or dwellings.

(Ord. No. 1542, § 2, 9-6-2011)