San Gabriel Municipal Code Ch. 130 General Offenses

Section

General Provisions

Damage to Public Property

Minors; Loitering and Curfew

GENERAL PROVISIONS

It shall be unlawful for any person to be guilty of any noisy, drunken, disorderly, or offensive conduct in the city, or to be drunk and asleep or lying upon any street, alley, sidewalk, or other public place in the city, or to be drunk and while so drunk to expose himself upon any street, alley, sidewalk, or other public place in the city.

('65 Code, § 5-14.01) (Ord. 118, passed - - ) Penalty, see § 130.99

No person shall be on any private premises or in any private house in a state of drunkenness or intoxication to the annoyance of any other person.

('65 Code, § 5-14.02) (Ord. 118, passed - - ; Am. Ord. 634, passed - - ) Penalty, see § 130.99

It shall be unlawful for any person within the city to be or appear in a state of drunkenness or intoxication upon any public street, sidewalk, highway, or alley, or in any public park, or in any railroad depot or bus station, or in any public place open to the patronage of the public, or in any place open to public view, or in or upon any building or premises, or portion thereof, which is owned or occupied by any municipality or by any department office thereof, or by any other government or governmental agency or instrumentality and devoted to any public or governmental use or to the performance of any official business or function, including any premises occupied by the federal government but not under the exclusive jurisdiction thereof.

('65 Code, § 5-14.03) (Ord. 118, passed - - ; Am. Ord. 634, passed - - ) Penalty, see § 130.99

No person shall drink any malt, spirituous, or vinous liquor containing more than one-half of one percent of alcohol by volume upon any street, alley, sidewalk, parkway, park, or playground, or in any railroad depot or bus station, or in any public place, or in any place open to the patronage of the public in the city, which premises are not licensed for the consumption of such liquor on the premises.

('65 Code, § 5-14.04) (Ord. 118, passed - - ; Am. Ord. 634, passed - - ; Am. Ord. 675, passed - - ) Penalty, see § 130.99

No person utilizing an ice cream truck or a mobile vending cart shall sell, barter, trade for or give away any item or items listed in Cal. Penal Code § 626.10. Violation of this section shall constitute a misdemeanor.

('65 Code, § 5-21.212) (Ord. 462-C.S., passed 11-7-95)

It shall be unlawful for any person within the city to play, engage in, or bet upon any gambling game not mentioned in the California Penal Code, or to play, manipulate, or operate, or permit or allow any person to play, manipulate, or operate, any machine, card, contrivance, device, or any other thing upon which money is hazarded or upon the result of the operation or action of which any goods, wares, or merchandise, money, or any article or thing of value, check, or token redeemable in, or exchangeable for, money or any other thing of value is staked, won, lost, given away, or taken upon chance, or to keep, control, have charge or custody of, or permit, or allow any person to play, use, or operate any wheel of fortune, ring or ball tossing, throwing, or pitching, or any other contrivance, device, or thing upon the result of the action of which money or any goods, wares, merchandise, or any article or thing of value is staked, hazarded, won, lost, or given away. Any such machine, contrivance, or device so used or operated is hereby declared to be a public nuisance, and the same shall be abated by the Police Chief.

('65 Code, § 5-14.06) (Ord. 118, passed - - ) Penalty, see § 130.99

Cross-reference:

Operation of card rooms unlawful, see § 116.001

Any organization exempted from the payment of the bank and corporation tax by Cal. Rev. & Tax. Code § 23701, subsections (a), (b), (d), (e), (f), (g), and (l) or any mobile home park association or senior citizens organization may conduct bingo games within the city, provided the proceeds of such games are used only for charitable purposes, subject to the following conditions:

(A) It shall be a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by the Constitution of the State of California, Art. IV, § 19.

(B) The City may bring an action to enjoin a violation of this section.

(C) No minor shall be allowed to participate in any bingo game.

(D) An organization authorized to conduct bingo games pursuant to this section shall conduct a bingo game only on property owned or leased by it and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this division shall be construed to require that the property owned or leased by the organization to be used or leased exclusively by such organization.

(E) All bingo games shall be open to the public, not just to the members of the authorized organization.

(F) A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision, or any other phase of such game.

(G) No individual corporation, partnership, or other legal entity, except the organization authorized to conduct a bingo game, shall hold a financial interest in the conduct of such bingo game.

(H) With respect to organizations exempt from the payment of the bank and corporation tax by Cal. Rev. & Tax. Code § 23701(d), all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:

(1) Such proceeds may be used for prizes.

(2) A portion of such proceeds, not to exceed 10% of the proceeds after the deduction for prizes, or $500 per month, whichever is less, may be used for the rental of property, overhead, and administrative expenses.

(I) Any organization conducting a bingo game pursuant to the provisions of this section shall obtain from the city a license permitting the licensee to conduct a bingo game. The fee for such license shall be established by Council resolution. The applicant shall furnish the city with such information as is reasonably necessary to carry out the purposes of this section and as more specifically set forth in an application which shall be promulgated by the Department of Finance, which shall be responsible for the issuance of such license. Any violation of any provision of this section shall constitute grounds for the revocation of a license to conduct a bingo game and may further constitute grounds for the denial to the applicant or licensee of any future license to conduct additional bingo games within the city.

(J) No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

(K) The total value of the prizes awarded during the conduct of any bingo game shall not exceed $250 in cash or kind, or both, for each separate game which is held.

(L) As used in this section, BINGO shall mean a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. It is the intention of the legislature that bingo, as defined in this division, shall apply exclusively to this section and shall not be applied in the construction or enforcement of any other provision of law.

('65 Code, § 5-14.06.1(a), (c)—(m)) (Ord. 187-C.S., passed - - ; Am. Ord. 197-C.S., passed - - ) Penalty, see § 130.99

Except for the operations of the California State Lottery, it shall be unlawful for any person within the city to keep or have charge of, be present at, or visit any gambling house, room, or place where gambling or lottery is conducted, carried on, or engaged in, or where any gambling implements, tools, or devices are accepted or exposed to view, or to have the possession or control of any lottery ticket or gambling instrument or device used or any paper, instrument, or device used in connection with a lottery or lottery drawing or in any manner appertaining thereto. Any such implement, tool, device, ticket, paper, instrument, or anything used as prohibited by the provisions of this section is hereby declared to be a public nuisance.

('65 Code, § 5-14.07) (Ord. 118, passed - - ) Penalty, see § 130.99

It shall be unlawful for any person to run or operate, or permit to be run or operated, any mechanical, electrical, electronic, hydraulic, or wind-driven equipment, fan, pump, compressor, blower, motor, engine, machine, or other similar apparatus, whether as owner, agent, employee, lessee, or other person having the charge thereof, which causes, or is likely to cause, any loud, excessive, unnecessary, or unusual continued or intermittent noise, or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the city unless such noise is muffled effectually and the apparatus is either equipped with a muffler device in constant operation and properly maintained to deaden such noise, or the apparatus is enclosed in a room, building, or other enclosure sufficiently insulated to deaden such noise.

('65 Code, § 5-14.08) (Ord. 118, passed - - ; Am. Ord. 802, passed - - ) Penalty, see § 130.99

It shall be unlawful for any person to permit or cause any obstruction to any aisle, passageway, corridor, or stairway of any church, assembly hall, theater, building, or other public building in the city, used for the purpose of worship, instruction, entertainment, or public assemblages, by standing in or occupying such aisles, passageways, corridors, or stairways during or preparatory to any service, performance, exhibition, lecture, concert, ball, or other public gathering, or by placing therein any chair, settee, stool, or other obstruction.

('65 Code, § 5-14.11) (Ord. 328, passed - - ) Penalty, see § 130.99

It shall be unlawful for the lessee, manager, owner, or person in charge of any church, assembly hall, theater, building, or other public building in the city to permit any exit door to be locked or fastened immediately preceding, during, or immediately after any service, performance, lecture, exhibition, concert, ball, or other public gathering.

('65 Code, § 5-14.12) (Ord. 328, passed - - ) Penalty, see § 130.99

It shall be unlawful for any person to explode or to discharge any shotgun, rifle, cannon, pistol, revolver, or any firearm or other instrument used for a like purpose within the city, not in necessary defense of life or property or in the performance of an official duty, unless such person shall have first secured from the Council permission so to do.

('65 Code, § 5-14.15) (Ord. 35-C.S., passed - - ) Penalty, see § 130.99

It shall be unlawful for any person to shoot or to discharge any air gun, spring gun, BB gun, gas operated gun, pellet gun, blow gun, slingshot, or other like instrument capable of projecting or propelling shot, bullets, or stones within the city.

('65 Code, § 5-14.16) (Ord. 35-C.S., passed - - ) Penalty, see § 130.99

It shall be unlawful for any person to shoot or to discharge any weapon of archery, such as a bow or crossbow, for the purpose of shooting an arrow, bolt, or dart within the city, except at an archery range on either public or private property approved by the Police Chief or the Council.

('65 Code, § 5-14.17) (Ord. 35-C.S., passed - - ) Penalty, see § 130.99

It shall be unlawful for any person to make to, or file with, the Police Department, or any officer thereof, any false, misleading, or unfounded statement or report concerning the commission or alleged commission of any crime occurring in the city.

('65 Code, § 5-10.01) (Ord. 555, passed - - ) Penalty, see § 130.99

It shall be unlawful for any person to operate in the city any device or apparatus, the operation of which can cause interference with the reception of radio, television, or wireless communication.

('65 Code, § 5-17.01) (Ord. 565, passed - - ) Penalty, see § 130.99

(A) It is unlawful for any person within the city to urinate or defecate upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, or vacant lots, in any place open to the public or obviously open to public view, except in a rest room or other enclosed facility designed for the sanitary disposal of human waste.

(B) It is unlawful for any person within the city to enter into or remain on private property for the purpose of urinating or defecating, except with the permission of the lawful occupant in a rest room or other enclosed facility designed for the sanitary disposal of human waste.

(C) A violation of this section shall be an infraction.

(Ord. 507-C.S., passed 9-19-00) Penalty, see § 130.99

(A) Aggressive or intimidating acts by panhandlers soliciting money or other things of value from persons upon public property, or upon private property open to the public, imperils the safety of residents, visitors and tourists within the city. Such acts further constitute coercion to obtain contributions from persons who do not desire to make, and would not otherwise freely make, such contributions in the absence of such aggressive or intimidating conduct. Such conduct further jeopardizes the city's economy by discouraging visitors, tourists and prospective customers from coming to San Gabriel for business, recreation and shopping. Such conduct also threatens to drive city residents to places outside of San Gabriel for their recreation and shopping activities. Such conduct further undermines the public's basic right to be in and enjoy public places without fear that they will be pursued or intimidated by persons seeking handouts. Further, it is necessary to place reasonable restrictions upon the time, place and manner in which panhandling occurs in order to protect the public health and safety.

(B) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGGRESSIVE MANNER.

(a) Approaching, speaking to, or following a person in a manner as would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person, or upon property in the person's immediate possession; or

(b) Touching another person without such person's consent in the course of asking, begging or soliciting alms; or

(c) Continuing to ask, beg, or solicit alms from a person after such person has made a negative response or otherwise indicated a desire not to contribute; or

(d) Intentionally blocking or interfering with the safe or free passage of the person solicited by any means, including causing such person to take evasive action to avoid physical contact or preventing such person from departing the location of the solicitation; or

(e) Intentionally following the person solicited, without such person's consent, for the purpose of continuing to ask, beg or solicit alms after such person has made a negative response or indicated a desire not to contribute; or

(f) Making any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat of bodily harm; or

(g) Rendering any service to a motor vehicle, including but not limited to any cleaning, washing, protecting, guarding or repairing of said vehicle or any portion thereof, without the prior consent of the owner, operator or occupant of such vehicle, and thereafter asking, begging or soliciting alms or payment for the performance of such service, regardless of whether such vehicle is stopped, standing or parked on a public street or upon other public or private property; or

(h) Intentionally blocking, preventing, impeding or interfering with the free and unobstructed ability of the person solicited to enter into or emerge from any vehicle during the course of asking, begging or soliciting alms or following a negative response by the person solicited to any such solicitation; or

(i) Intentionally blocking, preventing, impeding or interfering with the operation or movement of any vehicle operated or occupied by the person solicited, during the course of asking, begging or soliciting alms or following a negative response by the person solicited to any such solicitation.

ASK, BEG, OR SOLICIT ALMS. Includes the spoken, written, or printed word or such other act conducted for the purpose of obtaining an immediate donation of money or thing of value, whether for personal use, or as a charitable contribution to any individual or organization, or for any other purpose.

(C) Prohibited acts. No person shall ask, beg, or solicit alms in an aggressive manner in any place open to the general public, whether publicly or privately owned, including but not limited to any sidewalks, streets, alleys, driveways, parking lots, parks, plazas, buildings, doorways and entrances to buildings, gasoline service stations, and the grounds around or enclosed by buildings.

(D) Exemptions. Nothing contained in this chapter shall be deemed to prohibit any act which is otherwise expressly permitted or prohibited by law. Nothing contained in this chapter shall be deemed to permit any act which is otherwise prohibited by law.

(E) Violations. A violation of any provision of this chapter shall be deemed a misdemeanor punishable as set forth in Cal. Gov’t Code § 36900, or any successor provision thereto.

(F) Penalty. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. A violation of any of the provisions of failing to comply with any of the mandatory requirements of this section shall constitute a misdemeanor; except that notwithstanding any other provision of this chapter, any such violation constituting a misdemeanor under this section may, at the discretion of the City Attorney or the citing officer on the scene, be charged and prosecuted as an infraction.

(Ord. 688, passed 5-2-23)

(A) Obstructions by crowds; dispersal. Whenever the free passage of any street or sidewalk shall be obstructed by a crowd, the persons composing such crowd shall disperse or move on when directed to do so by any police officer.

(B) Loitering and obstruction of public property. No person shall loiter or stand in, sit upon or lie or sleep in or upon any public highway, alley, sidewalk, crosswalk or any other public way, or otherwise occupy any portion thereof in such a manner as to unreasonably annoy or molest any pedestrian thereon, or as to obstruct or unreasonably interfere with the free passage of pedestrians or motor vehicles, or unreasonably interfere with the use in the customary manner of such public highway, alley, sidewalk, crosswalk or other public way open to the public.

(C) Violation; penalty. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. A violation of any of the provisions of failing to comply with any of the mandatory requirements of this section shall constitute a misdemeanor; except that notwithstanding any other provision of this chapter, any such violation constituting a misdemeanor under this section may, at the discretion of the City Attorney or the citing officer on the scene, be charged and prosecuted as an infraction.

(D) Trespass.

(1) No person who, having entered private property open to the public, shall refuse or fail to leave the premises immediately upon being requested to do so by the owner thereof, his lawful agent, or a person in lawful possession thereof.

(2) No person who, having been requested to leave private property in the manner set forth in subsection (1) shall reenter the premises within 12 hours thereof without obtaining express permission from the party who requested him to leave, or the lawful agent thereof.

(E) Exceptions. Section 130.19 shall not apply in the following instances:

(1) Where its application results with or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation;

(2) Where its application results in or is coupled with an act prohibited by Cal. Penal Code § 365 or any other provision of law relating to duties of innkeepers and common carriers;

(3) Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

(4) Where its application would result in an interference with or any other exercise of a constitutionally protected right of freedom of speech such as, but not limited to, peaceful expressions of political or religious opinions, not involving offensive personal conduct.

(F) Claim of right. Section 130.19 shall not be construed to require any peace officer to arrest, issue a criminal citation, or remove any person from any premises when such officer determines that the presence of such person is based upon a substantial claim or color of legal right and that there is a dispute as to such matter as to which there are practical and effective civil remedies.

(Ord. 688, passed 5-2-23)

(A) Personal use of private residential property for camping may only be by the property owner or by others with the owner's written consent and without any form of compensation.

(B) Such use shall not exceed seven consecutive days in duration, except during the period between Memorial Day and Labor Day when such use shall not exceed 14 consecutive days in duration.

(C) Camping may not occur more than four times per calendar year.

(D) A minimum of 14 days is required between each camping period.

(E) The prohibition set forth in this section does not apply to:

(1) Mobile home parks and special occupancy parks operating in accordance with the San Gabriel Municipal Code;

(2) Camping on public or private property pursuant to a permit issued by the city; and

(3) Day use for lawful activities on public property pursuant to a permit issued by the city.

(F) In addition to any other applicable requirements of the San Gabriel Municipal Code, camping pursuant to this section shall comply with all of the following operational requirements pertaining to camping:

(1) Portable restrooms with toilet facilities must be provided and accessible to campers on the private property and must comply with the California Plumbing Code. Restrooms at city-owned parks do not qualify for use by campers on private property.

(2) Trash receptacles sufficient for the number of campers must be provided.

(3) The private property where camping occurs must be kept in a clean and sanitary manner.

(4) Trash and debris must be removed when camping ceases and must be disposed of in trash receptacles.

(5) Any outdoor storage of camping paraphernalia shall not be permitted when not in use by campers.

(6) Within the jurisdiction of the city, no permanent structures shall be permitted in the floodplain, including, but not limited to, fencing.

(7) Any use or placement of electrical cords shall be above the floodplain, if applicable.

(8) All parking shall be on paved surfaces only and above the floodplain.

(G) Notwithstanding any other provision of this chapter, camping shall not be permitted where such use violates any provision of this Code, adopted codes or state law.

(H) No person or persons shall stand, sit, linger, idle, or loiter on any public property, or in or about the entrance or exit of any business establishment, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons through such public property, or obstruct or hinder persons entering and exiting from any business establishment, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place. No person in violation of this prohibition shall refuse or fail to disperse or move on when directed to do so by a police officer or other city employee.

(I) No person shall walk, stand, sit, or lie upon any monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, fire hydrant, street-tree planter, utility cabinet, railing, fence, planter, or upon any other public property not designed or customarily used for such purposes.

(J) Public urination and defecation prohibited. No person shall urinate or defecate on private property in any area exposed to the public view, or on any public property owned, controlled and/or operated by the city, county or any public agency, except when using a urinal, toilet, or commode located in a bathroom, restroom, or other structure specifically designated for the purpose of urination and defecation.

(K) Enforcement. Law enforcement officers shall not enforce this camping section when the individual is on public property and there is no available overnight shelter.

(1) The term "available overnight shelter" is a public or private shelter, with an available overnight space, for an individual experiencing homelessness, at no charge.

(2) Police or their designee shall initiate contact with the shelters to determine whether the shelters have available space and, if so, the number of available sleeping spaces. Prior to issuing any citation, a police officer shall also confirm that a shelter has available space that can be utilized by that particular individual. No police officer shall issue a citation to a homeless person sleeping, lying, sitting, or camping outdoors unless the officer first confirms the shelter has available space that can be utilized by the individual.

(L) Penalty. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. A violation of any of the provisions of failing to comply with any of the mandatory requirements of this section shall constitute a misdemeanor; except that notwithstanding any other provision of this chapter, any such violation constituting a misdemeanor under this section may, at the discretion of the City Attorney or the citing officer on the scene, be charged and prosecuted as an infraction.

(Ord. 688, passed 5-2-23)

(A) Purpose. This City Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound-amplifying equipment are protected by the constitutional rights of freedom of speech and assembly, the City Council nevertheless feels obligated to reasonably regulate the use of sound-amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and raucous noise.

(B) Regulation of amplified sound. It shall be unlawful for any person to use or operate, or cause to be used or operated, within the city any sound-amplifying equipment in a fixed or movable position, or mounted upon any vehicle, except when used or operated in compliance with the following provisions:

(1) In all residential zones and within 200 feet of any boundary thereof, no sound-amplifying equipment shall be operated or used for commercial purposes, except sound-amplifying equipment may be used for commercial purposes upon a moving vehicle between the hours of 8:00 a.m. and 8:00 p.m. to announce the presence of such vehicle in an area or location for commercial purposes; provided that such sound-amplifying equipment shall not be used during periods that the vehicle is stopped, parked or otherwise in a stationary position.

(2) In all residential zones and within 200 feet of any boundary thereof, no sound-amplifying equipment shall be operated or used for noncommercial purposes between the hours of 8:00 p.m. and 8:00 a.m. of the following day.

(3) In all non-residential zones, except such portions thereof as may be included within 200 feet of the boundary of any residential zone, the operation or use of sound-amplifying equipment for commercial purposes is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day.

(4) In all non-residential zones, except such portions thereof as may be included within 200 feet of the boundary of any residential zone, the operation or use of sound-amplifying equipment for noncommercial purposes is prohibited between the hours of 10:00 p.m. and 7:00 a.m. of the following day.

(5) Sound emanating from sound-amplifying equipment shall not be audible to a person of normal hearing acuity within an enclosed building (other than a building within which the sound emanates) at a distance in excess of 200 feet from the sound- amplifying equipment.

(6) In no event shall the sound-amplifying equipment be unreasonably loud, raucous, jarring or disturbing to a person of normal sensitiveness within the area of audibility, or disturb the peace or quiet of any neighborhood.

(7) It shall be unlawful for any person to operate or use any sound-amplifying equipment within, upon or adjacent to the premises of any hospital, school, or publicly owned or operated arena, stadium, convention center or auditorium, while in use, in a manner which disturbs, disrupts or interferes with the conduct of any event, business or activity of any nature then occurring within such building or premises. Nothing contained in this subsection shall be deemed to prohibit any conduct which is otherwise prohibited by Cal. Penal Code § 302 or 403, or any other provision of state law.

(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) The word PERSON, as used herein, shall include the singular and the plural, and shall also mean and include any person, firm, corporation, association, club, partnership, society or any other form of association or organization.

(2) The words SOUND-AMPLIFYING EQUIPMENT, as used herein, shall mean any device for the amplification of the human voice, music or any other sound.

(3) The word ZONE, as used herein, shall mean the zoning designation given to any public or private property pursuant to the provisions of Title XV of this Code. Any public or private street, alley or other right-of-way shall be deemed to have the same zoning designation as the public or private property immediately contiguous to such street, alley or right-of-way. Where the property on each side of a street, alley or right-of-way bears a different zoning designation, each such zoning designation shall be deemed to extend to the centerline of such street, alley or right-of-way.

(D) Nothing contained in this section shall be deemed to permit or authorize any activity or sound level which is otherwise prohibited by any provision of state law.

(E) Exemptions. The following uses of sound-amplifying equipment and activities shall be exempt from the provisions of this chapter:

(1) Vehicle sound systems, radios and similar devices located within or upon any vehicle, to the extent the sound from such devices is regulated by provisions of the Cal. Vehicle Code.

(2) Sound-amplifying equipment when used and heard only by occupants of the premises in which the devices are located.

(3) Warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles when used for traffic safety purposes, or any other device when used by a public safety officer for official purposes.

(4) Equipment used by any duly authorized facility operator, tenant or lessee as an integral part of any event at Anaheim Stadium, Arrowhead Pond, Anaheim Convention Center, or as an integral part of any event or program at any other publicly owned or operated facility.

(5) Equipment and devices used as an integral part of any public or private institutional use lawfully permitted, including but not limited to, public and private educational institutions, and places of religious worship.

(F) Penalty for violations. The first violation of this chapter by any person occurring within any 12-month period shall be punishable as an infraction in accordance with applicable provisions of the Cal. Penal Code and the Cal. Gov’t Code. The second and all subsequent violations of this chapter by such person occurring within any 12- month period shall be punishable as a misdemeanor.

(Ord. 688, passed 5-2-23)

(A) Purpose and intent. It is the purpose and intent of the City Council of the city, through the adoption of this section, to provide additional abatement and enforcement tools to protect public and private property from acts of vandalism and defacement; especially, but not limited to, graffiti on privately and publicly owned property, which is inimical and destructive of the rights and values of private property owners as well as the total community. The majority of those individuals who paint graffiti seek notoriety and recognition as they attach status to having their work seen. Prolonged visibility due to the sheer volume, scale and complexity of the graffiti, and placement of the graffiti in hard-to-reach places, enhance the perpetrator's satisfaction. Therefore, the swift removal or painting over of graffiti in combination with criminal prosecution of the persons who create it is the most effective way of combating this very serious problem. It is further the intent of the City Council, through the adoption of this section, to provide notice to all of those who callously disregard the property rights of others, that the law enforcement agencies of the city, both the Police Department and the prosecutor's office, will strictly enforce the law and severely prosecute those persons engaging in the defacement of public and private properties.

(B) Definition. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AEROSOL PAINT CONTAINER. Any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substances capable of defacing property.

FELT TIP MARKER. Any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch, containing an ink that is not water-soluble.

GLASS ETCHING PRODUCTS. Any product which can be used to permanently alter a glass surface, including but not limited to such products that contain hydrofluoric acid, ammonium bifluoride and sulfuric acid, or sodium bifluoride.

GRAFFITI. Any inscription, word, figure, or design that is marked, etched , scratched , drawn, painted, pasted or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent that same was not authorized in advance by the owner thereof.

GRAFFITI IMPLEMENT. An aerosol paint container, a felt tip marker, a graffiti stick or glass etching products.

GRAFFITI STICK. A device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch in width, visible from a distance of 20 feet, and not water-soluble.

(C) Anti-vandalism provisions.

(1) Unlawful to apply graffiti. It shall be unlawful for any person to apply graffiti on any public or privately owned structures located on public or privately owned real property within the city, other than property that they own or rent.

(2) Property-defacing or injuring private buildings or fixtures. It is unlawful for any person to deface, mar, break or in any way destroy or injure any portion of any private real or personal property within the city not his or her own.

(3) Property-defacing or injuring public buildings or fixtures. It is unlawful for any person to deface, mar, break or in any way destroy or injure any portion of any public building, or the fixtures or contents thereof, which building is owned by the city.

(D) Penalties for violation. Any and all violations of this section shall be punishable either as an infraction or a misdemeanor, at the discretion of the City Attorney.

(Ord. 688, passed 5-2-23)

DAMAGE TO PUBLIC PROPERTY

Any person, or the agent of any person, who negligently, carelessly, accidently, or in any manner causes any damage to any property of the city shall report such damage within 24 hours to the Police Chief.

('65 Code, § 5-8.01) (Ord. 105, passed - - ) Penalty, see § 130.99

Such report shall set forth the date, time, and place where the damage was sustained and the names of any persons who witnessed the damage, together with the nature and extent of such damage.

('65 Code, § 5-8.02) (Ord. 105, passed - - )

Any person who shall fail or neglect to make such report within the time set forth shall be guilty of a misdemeanor.

('65 Code, § 5-8.03) (Ord. 105, passed - - ) Penalty, see § 130.99

MINORS; LOITERING AND CURFEW

(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CURFEW HOURS. Between the hours of 10:00 p.m. on any day and sunrise of the immediately following day.

EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. EMERGENCY includes, but is not limited to, a fire, an earthquake or other natural disaster, an automobile accident, or any situation which requires immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT. Any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

GUARDIAN. A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by court order.

MINOR. Any person under 18 years of age.

OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment.

PARENT. A person who is a natural, adoptive, or step-parent of another person; or at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, alleys, parks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

REMAIN. To linger or stay; or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death, serious disfigurement, or serious permanent injury.

(B) Offenses.

(1) It is unlawful for a minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

(2) It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow, a minor for whom they are responsible, to remain in any public place or on the premises of any establishment within the city during curfew hours.

(3) The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

(C) Exceptions.

(1) It is a defense to prosecution under subsection (B) above, if the minor was:

(a) Accompanied by his or her parent or guardian;

(b) On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(c) Engaged in an employment activity, or going to or returning directly home from an employment activity, without any detour or stop;

(d) Involved in an emergency;

(e) In a vehicle involved in interstate travel;

(f) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;

(g) Returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event, dance or school activity;

(h) Exercising First Amendment rights protected by the United States Constitution, including freedom of speech, the free exercise of religion, and the right of assembly; or

(i) An emancipated minor in accordance with the provisions of the California Family Code.

(2) It is a defense to prosecution under subsection (B)(3) above that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(D) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception listed in subsection (C) above is present.

('65 Code, § 5-13.01) (Ord. 314-C.S., passed - - ; Am. Ord. 453-C.S., passed 8-1-95; Am. Ord. 483-C.S., passed 9-16-97) Penalty, see § 130.99

It shall be unlawful for any person, without lawful purpose, to loiter upon or about the public streets, avenues, parks, or other public places of the city after having been directed by a police officer to move on.

('65 Code, § 5-13.02) (Ord. 314-C.S., passed - - ) Penalty, see § 130.99

Nothing in this subchapter shall be construed as in any way limiting the power or right of law enforcement officers to make such investigations, detentions, or arrests as such law enforcement officers would be permitted to make had this subchapter not been enacted.

('65 Code, § 5-13.04) (Ord. 314-C.S., passed - -; Am. Ord. 483-C.S., passed 9-16-97)

(A) It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education to be in or upon any public street, highway, road, alley, park, playground, or other public ground, public place, public building, place of amusement, eating establishment or vacant lot during the hours of 8:30 a.m. and 1:30 p.m. on days when said minor's school is in session.

(B) The following do not apply:

(1) When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or

(2) When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or

(3) When the minor is going or coming directly from or to their place of gainful employment or to or from a medical appointment; or

(4) To students who have permission to leave school campus for lunch or school related activity and have in their possession a valid, school issued, off-campus permit.

(5) When the minor is exempt by law from compulsory education or compulsory continuation education; or

(6) When the minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code § 48205; or

(7) When the minor is an emancipated minor as that term is described in Family Code § 7002.

('65 Code, § 5-13.05) (Ord. 453-C.S., passed 8-1-95; Am. Ord. 483-C.S., passed 9-16-97; Am. Ord. 499-C.S., passed 4-6-99) Penalty, see § 130.99

(A) Any person who violates any provision of this chapter for which no penalty otherwise provided, shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed $1000 or by imprisonment for a period not to exceed six months.

(B) Any person who shall in any manner engage, encourage, aid, abet, or assist in the violation of any provision of this chapter for which no penalty is otherwise provided shall be guilty of a misdemeanor and shall be punished as provided in division (A) of this section, and any clerk, servant, or agent of a person committing any act in violation of the provisions of this chapter shall be guilty as principal. ('65 Code, § 5-14.14) (Ord. 118, passed - - )

(C) Any person who violates § 130.07(A) shall be punished by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the city. Any person who violates any provision of § 130.07, other than division (A), shall be guilty of a misdemeanor and shall be subject to the penalty provided in division (A) of this section. ('65 Code, § 5-14.06.1(b))

(Ord. 187-C.S., passed - - ; Am. Ord. 197-C.S., passed - - )