San Fernando Municipal Code Art. I In General

(a) For the purpose of this section, the term "unclaimed property" shall mean any and all property in possession of the police department for which no claim or demand has been made and property for which the owner cannot, with reasonable diligence, be found.

(b) The purchasing agent for the city is authorized to sell all unclaimed property which has been in the possession of the department for a period of more than four months, in compliance with the provisions set forth under subdivision V (miscellaneous) of division 6 (purchasing) of article VI (finance) of chapter 2 (administration) of the San Fernando Municipal Code.

(c) Bicycles or toys that have been unclaimed for a period of at least 60 days may, instead of being sold at a public auction pursuant to this section, be turned over to the probation officer, the county welfare department, or any charitable or nonprofit organization that is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under federal or state law, for use in any program or activity designed to prevent juvenile delinquency.

(Code 1957, § 15.1; Ord. No. 1653, § 3, 4-18-2016)

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alcoholic beverage means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances.

Highway means and includes streets, alleys, bridges, culverts, curbs and sidewalks.

Open container means 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.

Vehicle means a device in, upon or by which any person or property is or may be propelled, moved or drawn upon a highway.

(b) Consumption or possession of open container in vehicles and on highways. It shall be unlawful for any person to go upon or remain upon any part of a public highway while he is consuming or possessing any open container of any alcoholic beverage. It, likewise, shall be unlawful for any person to enter or remain in any vehicle while such vehicle is on part of any public highway when such person or any other occupant of such vehicle is consuming or possessing any open container of any alcoholic beverage.

(c) Consumption or possession of open container in public place. It shall be unlawful for any person to consume or possess an open container of any alcoholic beverage in any public place while open to the patronage of the public, except upon premises licensed under the state Alcoholic Beverage Control Act for the consumption of such alcoholic beverages.

(d) Allowing person to consume or possess open container of alcoholic beverage. It shall be unlawful for any person, as owner, manager, employee, or otherwise, of any restaurant, place of public entertainment, store, or other such public place to allow or permit any person to consume or possess an open container of any alcoholic beverage in such public place while open to the patronage of the public except upon premises licensed under the state Alcoholic Beverage Control Act for the consumption of such alcoholic beverages.

(e) Violations. All violations of this section are designated as infractions.

(Code 1957, § 15.2)

State Law reference— Similar provisions, Business and Professions Code § 23004.

(a) Liability for cost. Notwithstanding any other section of this Code, when a party, gathering, or unruly assemblage occurs at a premises and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, the parents or guardians of that minor, shall be held jointly and severally liable for the cost of providing police personnel on a special security assignment over and above the services normally provided by the department. When police department personnel respond to a complaint involving a disturbance caused by a party, gathering, or unruly assemblage, the responding officers shall issue a written notice to the responsible party. The notice provided shall state that if police department personnel are required to return to the premises within the following 12-hour period because of further disturbances and responding officers determine there is a disruption of the public peace, tranquility, health or safety, such response shall constitute special security services. Further, the warning shall state the responsible party may be charged for the cost of providing such special security services. The warning shall be signed by the responsible party, acknowledging receipt of the warning, and a signed copy of the warning shall be left with the responsible party. If a second or any subsequent response is required, police department personnel shall have the responsible party sign a second response voucher, acknowledging the occurrence of the second response.

(b) Costs for second response. The police personnel utilized during a second response after the first warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the services normally provided. The cost of such special security assignment may include damages to city property and/or injuries to city personnel. A fee charged will not be in excess of $500.00 for a single incident. However, the city shall have the option to elect any other legal remedies when such costs or damages exceed $500.00.

(c) Collection of fee. The fee provided in this section shall be collected in the following manner: Copies of the initial warning and second response voucher shall be forwarded to the finance division where the cost of special security services shall be computed and an amount assessed, which reflects the actual costs of services rendered. The city shall bill the responsible party for the cost of special security services, including worker's compensation charges, plus an additional 30 percent of the actual costs for the purposes of administrative overhead to process, bill and collect service charges. Failure of the responsible party to pay for services, as assessed by the city, shall be deemed a violation of this Code and shall constitute a debt due solely to the city.

(Code 1957, § 15.4)

(a) No person shall act as a guard or lookout for any building, premises or establishment used for any illegal act or where anything is illegally kept, sold or purchased or for any person committing any illegal act on any street or sidewalk.

(b) No person shall give any signal intended to or calculated to warn or give warning of the approach of any peace officer to any person in or about such building or premises or places mentioned in subsection (a) of this section.

(Code 1957, § 15.23)

Whenever a nuisance endangering the public health or safety shall be ascertained to exist on any premises or in any house or other place, the health officer or his duly authorized agent, in case such nuisance endangers the public health, or the fire chief or his duly authorized agent, in case such nuisance endangers the public safety, shall notify, in writing, any person owning or having control of or acting as agent for such premises, house or other place to abate or remove such nuisance within a reasonable time, not less than five days, to be stated in such notice.

(Code 1957, § 15.24)

State Law reference— Authority of cities to declare what constitutes a nuisance, Government Code § 38771.

Upon the neglect or refusal of any person receiving notice under section 50-5 to comply therewith, the officer who gave such notice may abate the nuisance covered thereby, and the person so neglecting or refusing, in addition to the penalties provided by this Code, shall be liable to the city for cost of such abatement, which cost shall be recovered by the city in a civil action in any court of competent jurisdiction. If no person can be found upon whom to serve such notice, the officer seeking to serve the notice shall proceed to abate the nuisance at the expense of the city at a cost of not to exceed $25.00 per day.

(Code 1957, § 15.25)

Any owner, occupant, agent or other person having control of any house or other place in which a nuisance endangering the public health or safety, as provided in section 50-5 of this article, who, after having had served upon him the notice provided in section 50-5 of this article, shall fail to abate or remove such nuisance within the time, not less than five days, stated in such notice, shall be guilty of a misdemeanor.

(Code 1957, § 15.26)

All persons who are confined in the city jail under a judgment rendered in a criminal action in the division of the municipal court of the Los Angeles Judicial District located in the city shall be required to perform labor, under the direction of the police chief, on the public works, ways or buildings of the city to the extent of their physical abilities.

(Code 1957, § 15.29)

State Law reference— Authority to require, Government Code § 36904.

The police chief shall procure and use such means as he shall deem necessary for the security of all prisoners under his charge and may prescribe and administer such rules and regulations as he shall deem necessary to keep good order among the prisoners and compel them to do their work.

(Code 1957, § 15.31)

Prisoners in the city jail shall be treated with the utmost kindness compatible with the enforcement of the rules and regulations necessary to compel discipline and obedience to the officer in charge.

(Code 1957, § 15.32)

(a) Definition. The term "fake sale," within the meaning of this section, is defined to be:

(1) The sale of goods, wares or merchandise at auction or otherwise to agents or other persons purchasing the goods, wares or merchandise for or on behalf of the owner or other person interested in the sale thereof.

(2) The sale of goods, wares or merchandise or the offering of goods, wares or merchandise for sale in limited quantities of less than the full amount of such merchandise owned or carried in stock by the person offering the goods, wares or merchandise for sale.

(3) The offering for sale of goods, wares or merchandise of a different quality or brand or bearing a different trademark as a substitute for merchandise previously advertised for sale.

(4) The sale of any goods, wares or merchandise misrepresented as to quality, quantity or otherwise.

(5) The sale or offering for sale of any goods, wares and merchandise transported or brought into the city or not constituting the original legitimate stock of goods, wares and merchandise of a place of business within the city, as the original and legitimate stock of goods, wares and merchandise of such place of business, at a bankrupt, insurance, mortgage, insolvency, assignee's, receiver's, trustee's, creditor's, executor's, or administrator's forced removal or closing-out sale. However, the bringing of new stock into the city or the adding of new stock to such original stock of goods, wares and merchandise and selling or offering to sell such new stock or added stock as the original stock of such goods, wares and merchandise at the place of business at any of the sales described in this subsection, is declared unlawful and to be a fake sale within the meaning of this section.

(b) Prohibited. It shall be unlawful for any person, as proprietor, agent, manager, owner or otherwise, to conduct, make or advertise any fake sale of goods, wares or merchandise within the city.

(Code 1957, § 15.9)