Chapter 4-1 — PROHIBITIONS

Note: Editor's Note: Prior Ordinance codified herein includes portions of Ordinance No. 93-021.

Article 1

Definitions(Legislative History: Ordinance No. 82-021, 4/19/82; Ordinance No. 2002-032, 12/ 9/02 (Section 4-1-100))

Any violations of the provisions of this Chapter are expressly deemed and declared to be a public nuisance, and such violation shall be abated in the manner provided in Chapter 1-12.

Article 2

Gambling—Cards(Legislative History: Ordinance No. 65-80, 10/18/65; Ordinance No. 82-021, 4/19/82)

It shall be unlawful for any person, within the incorporated area of the City, to deal, play, carry on, open, cause to be opened, or conduct, either as owner or employee, whether for hire or not, any game played with cards, dice or any device, for money, checks, credit or representative of value as the result of any such game.

No person under 21 years of age shall enter or be in any place open to the general public where cards are played. Every person owning or operating within this City any place open to the general public where cards are played shall refuse to permit minors to remain and shall maintain on the outside of all entrances to such place a conspicuous sign in letters at least one and one half (1 1/ 2) inches high: "Persons under 21 years not permitted."

It is the intent of the City Council of the City of San Leandro that the provisions of this Article supplement, but not supercede or conflict with the provisions of Chapter 10, Title 9, Part 1 of the Penal Code of the State of California.

Article 3

Youth Curfews(Legislative History: Ordinance No. 2012-012, 9/4/12 (Sections 4-1-300—4-1-320))

As used in this Article, the following words and phrases shall mean:

"Emergency" shall mean any unforeseen combination of circumstances or the resulting state thereof that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, explosion, or any situation that requires immediate action to prevent loss of life or serious bodily injury, including, but not limited to, any bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

"Establishment" shall mean any privately owned place of business operated for profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

"Guardian" shall mean: (1) a person who, under court order, is the guardian of a minor; or (2) a public or private agency with whom a minor has been placed by the court.

"Loiter" shall mean to delay an activity, errand or journey with aimless idle stops and purposeless distractions, to remain in place in an idle manner, or to hang around aimlessly or without real necessity.

"Minor" means any person under 18 years of age.

"Parent" shall mean a person who is a natural parent, adoptive parent or step-parent of a minor.

"Public place" shall mean any place or ground to which the public or a substantial group of the public has access and includes, but is not limited to, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

"Responsible adult" shall mean a person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.

(a) It is unlawful for any minor who is subject to compulsory education or compulsory continuation education to loiter, wander, stroll, or play in or upon any public street, highway, road, alley, park, playground, or other public place, public building, place of amusement, eating establishment or vacant lot during the hours of 8:00 a.m. to 3:00 p.m. of that same day, on days when the minor's school is in session.

(b) There is a rebuttable presumption that the minor's school is in session on days when school
facilities within the City of San Leandro are held open for the compulsory education or
compulsory continuation education of all minors.

(c) It is a defense to subsection (a) of this section that the minor was:

(1) Accompanied by his or her parent, guardian or other responsible adult having care or
custody of the minor; or

(2) On an emergency errand directed by his or her parent, guardian or other responsible
adult having care or custody of the minor; or

(3) Going or coming directly to or from his or her place of gainful employment or to or
from a health care appointment; or

(4) Permitted to leave the school for lunch or a school-related activity and has in his or
her possession a valid, school-issued, off-campus permit; or

(5) Going or coming directly to or from a school-approved or school-related business,
trade, profession, occupation or program in which he or she is lawfully engaged, such
as a work study or work experience program, subject to verification by a proper
school authority; or

(6) Exempt by Federal or State law from compulsory education or compulsory
continuation education; or

(7) Authorized to be absent from his or her school under the provisions of Section 48205
of the California Education Code, applicable Federal or State law or a school absence
policy permitted under the foregoing laws; or

(8) Going directly to or from an event or activity that is directly related to any medical
condition of a parent or other responsible adult having the care or custody of the
minor; or

(9) Exercising First Amendment rights protected by the United States Constitution, such
as the free exercise of religion, freedom of speech and the right of assembly, or going
to or returning home therefrom, without any detour or stop; or

(10) Traveling from an activity listed in this section to another activity listed in this section, without any detour or stop.

(a) It is unlawful for any unemancipated minor to loiter, wander, stroll or play in or upon any public street, highway, road, alley, park, playground, or other public place, public building, place of amusement, eating establishment or vacant lot during the hours of 10:00 p.m. to 5:00 a.m. of the following day.

(b) It is unlawful for any parent or guardian of an unemancipated minor to knowingly permit
or, by insufficient control, to allow the minor to loiter in or upon any public street, highway,
road, alley, park, playground, or other public place, public building, place of amusement,
eating establishment or vacant lot during the hours of 10:00 p.m. to 5:00 a.m. of the
following day.

(c) It is a defense to subsections (a) and (b) that the minor was:

(1) Accompanied by his or her parent, guardian or other responsible adult having care or
custody of the minor; or

(2) On an errand at the direction of his or her parent, guardian or other responsible adult
having care or custody of the minor, without detour or delay; or

(3) In a motor vehicle involved in intrastate or interstate travel, and such driving does not
constitute loitering or wandering; or

(4) Engaged in employment, or going to or returning home from employment, without detour or delay; or

(5) Involved in an emergency; or

(6) On the sidewalk adjacent to his or her residence, provided that the minor is not
otherwise violating the law; or

(7) Attending an official school, religious, or other recreational activity supervised by a
responsible adult and sponsored by the City of San Leandro, a civic organization or
other similar entity that takes responsibility for the safety of the minor; or going to or
returning home from an official school, religious or other recreational activity
supervised by a responsible adult and sponsored by the City of San Leandro, a civic
organization or other similar entity that takes responsibility for the safety of the
minor, without detour or delay; or

(8) Emancipated pursuant to law; or

(9) Exercising First Amendment rights protected by the United States Constitution, such
as the free exercise of religion, freedom of speech and the right of assembly, or going
to or returning home therefrom, without any detour or stop; or

(10) Traveling from an activity listed in this section to another activity listed in this
section, without any detour or stop.

(a) Prior to any enforcement action under this Article, a police officer shall ask the apparent offender to provide:

(1) A form of government-issued or school-issued identification belonging to him or her, or a statement of his or her age; and

(2) A reason for him or her to be in or upon the public street, highway, road, alley, park, playground, or other public place, public building, place of amusement, eating establishment or vacant lot during the curfew hours established under this Article.

(b) The police officer shall not detain, arrest or issue a citation to the apparent offender unless the police officer reasonably believes:

(1) That the apparent offender has violated the provisions of this Article; and

(2) That, based on the apparent offender's responses or other circumstances, no rebuttable presumptions or defenses under the provisions of this Article appear to be present or applicable.

(a) Each and every violation of this Article shall constitute a separate offense in accordance with Section 1-12-140.

(b) Minors who are found to have violated the provisions of this Article shall be dealt with in accordance with juvenile court law and procedure.

(c) Any person found to have violated the provisions of this section shall be guilty of an infraction.

(1) The fine for this violation shall be Fifty dollars for the first offense, One hundred dollars for the second offense within 12 or fewer consecutive months of the first offense, and Two hundred dollars for the third and additional offenses within 12 or fewer consecutive months from the second offense.

(2) In lieu of paying the Fifty Dollar ($50.00) fine, first-time offenders may be assigned to a diversion program which may include five hours of community service with a civic organization located within the City of San Leandro. Upon completion of community service, the minor shall obtain written proof of completion from the civic organization, which shall be subject to verification by the Chief of Police or designee. To meet the requirements of the diversion program, the minor's background shall be reviewed by the Chief of Police to determine eligibility. All second, third, and additional offenders within 12 or fewer consecutive months from the first offense shall be assigned to the diversion program described herein without exception.

(3) In the discretion of the Chief of Police, parents of minors who are guilty of a third or additional offenses under subsection (c)(2) above may be required to attend a parenting class, approved and/or provided by the Chief of Police, before any fines or offenses are dismissed in the Chief's discretion.

Article 4

Castor Beans(Legislative History: Ordinance No. 1243 N.S., 1/11/60; Ordinance No. 82-021, 4/19/82; Ordinance No. 2002-032, 12/9/02 (Section 4-1-410))

Except as hereinafter provided, it shall be unlawful for any person having possession of or responsible for the management or upkeep of any lot, parcel or portion of real property within the City of San Leandro to: (a) wilfully and knowingly plant, grow, nurture, keep, or harbor any castor bean plant (Ricinus Communis) or the seeds or beans thereof upon said real property; or (b) refuse, fail, or neglect for a period of 48 hours after receiving notice as hereinafter provided, to destroy any such plant and all parts and seeds or beans thereof.

The provisions of this Chapter shall not apply to any of the following circumstances:

(a) The keeping of castor bean plants or the seeds or beans thereof by any person engaged in educational, scientific, or research activity, or having a botanical collection or display for such purposes, provided a permit therefor is first obtained from the City Manager or designated representative.

(b) The commercial cultivation or cropping of castor bean plants or the seeds or beans thereof, provided that the premises or portion thereof where same is carried on shall be completely enclosed or shall be inaccessible so as to effectively prevent children from entry upon such premises or portions thereof.

(c) The possession of castor bean plants or the seeds or beans thereof for sale at retail or wholesale, provided that any such plants or seeds or beans where displayed or exposed to members of the general public or sold to anyone shall be in packages or containers, which in the case of such seeds or beans shall be securely sealed or closed, and such packages or containers shall have written thereon or upon a label securely fastened thereto the information that such plants or seeds or beans are poisonous to persons or animals if chewed, eaten, or swallowed.

Any violation of the provisions of this Article may be abated in the manner provided in Chapter 1-12. In addition, enforcement may be had by issuing the notice provided in Section 4-1-400. Such notice shall be in writing and may be given by personal service on the violator, or by registered or certified mail addressed to the violator, or by posting such notice in a conspicuous place or places on the premises where the violation has occurred.

Article 5

Sound Amplifying Equipment and Noise(Legislative History: Ordinance No. 1146 N.S. 7/21/ 58; Ordinance No. 74-61, 10/14/74; Ordinance No. 82-021, 4/19/82; Ordinance No. 2003-005, 3/17/03 (Section 4-1-510))

No persons shall use, or cause to be used, a vehicle in connection with his or her business with sound amplifying equipment in operation in the City of San Leandro before filing a registration statement with the City Clerk in writing. This registration statement shall be filed in duplicate and shall state the following:

(a) Name and home address of the applicant.

(b) Address and place of business of applicant.

(c) License number and motor number of vehicle used by applicant.

(d) Name and address of registered owner of vehicle.

(e) Name and address of person having direct charge of vehicle.

(f) Name and address of all persons who will use or operate vehicle.

(g) The purpose for which vehicle will be used.

(h) A general statement as to the section or sections of the City in which the vehicle will be used.

(i) The proposed hours of operation of the vehicle.

(j) The number of days of proposed operation of the vehicle each week.

(k) A general description, including wattage, of the sound amplifying equipment which is to be used.

Vehicles with sound amplifying equipment used to advertise goods, wares, or merchandise sold, delivered, or distributed from such vehicles in the City of San Leandro shall be subject to the following regulations:

(a) The only sounds permitted are music.

(b) Operations are permitted between the hours of 10:00 a.m. and 7:00 p.m.

(c) Sound amplifying equipment shall not be operated unless the vehicle upon which such equipment is mounted is operated at a speed of at least 10 miles per hour.

(d) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 200 feet from the vehicle and so that said volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility.

§ 4-1-510. (RESERVED) (Repealed by Ordinance No. 2003-005, 3/17/03)

Article 6

Social Gatherings—Alcoholic Beverages—Unlawful(Legislative History: Ordinance No. 90-07, 4/2/90)

Note: Editor's Note: Article 6, previously contained herein, was repealed in its entirety by Ordinance No. 84-02. Prior ordinance history includes Ordinance Nos. 69-22, 73-61, 82-021.

ALCOHOLIC BEVERAGES; UNLAWFUL.

No person shall allow, permit, or host a social gathering at his or her residence, hotel or motel room, or other residential facility under his or her custody or control, where two or more persons under the age of 21 are present and alcoholic beverages are being consumed by or are in the possession of, any person under the age of 21.

Article 7

Alcoholic Beverages(Legislative History: Ordinance No. 78-63, 12/11/78 (Section 4-1-705); Ordinance No. 82-021, 4/19/82 (Section 4-1-705); Ordinance No. 83-029, 10/17/83 (Section 4-1-705); Ordinance No. 88-012, 7/5/88; Ordinance No. 2008-016, 12/1/08)

As used in this Article, the following words and phrases shall mean:

"Alcoholic beverage" shall mean and include alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer that contains one-half of one percent (0.5%) or more of alcohol by volume and which is fit for beverage purposes alone or when diluted, mixed, or combined with other substances.

"Open container" shall include, but is not limited to, any bottle, can thermal jar or jug, vessel, or other receptacle which is open, has been opened, or which has a seal broken, or the contents of which have been partially removed.

No person shall consume or be in possession of any open container of any alcoholic beverage in any City park or open space area, except for City sponsored events with prior approval from the City Council.

No person shall consume, drink, exhibit or possess an open container of any alcoholic beverage on any street, sidewalk, alley, or highway. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the State of California.

No person shall consume, drink, exhibit or possess an open container of any alcoholic beverage upon that portion of public or private property open to the public and within 500 feet of any public street, sidewalk, alley or highway and used or intended to be used for the parking or storage of motor vehicles by customers or employees of any commercial or industrial use, or public use, without the express permission of the owner, agent, or person in lawful possession thereof. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the State of California.

Violation of any provision of this Article shall constitute an infraction.

Article 8

Miscellaneous(Legislative History: Ordinance No. 80-39, 8/18/80; Ordinance No. 80-60, 12/ 15/80; Ordinance No. 81-024, 3/6/81; Ordinance No. 81-055, 8/10/81; Ordinance No. 81-074, 10/19/81; Ordinance No. 82-021, 4/19/82; Ordinance No. 86-02, 1/20/86; Ordinance No. 2007-017, 7/16/07 (Section 4-1-810); Ordinance No. 2012-012, 9/4/12 (Sections 4-1-810, 4-1-815))

(a) No person shall wilfully and maliciously provide or have provided personal data from the Criminal Oriented Records Production Unified System (CORPUS) to any unauthorized person.

(b) No authorized person shall wilfully and maliciously obtain personal data from the Criminal Records Production Unified System (CORPUS).

It shall be unlawful, and a nuisance, for any person, firm or corporation, in any place in this City, to dispose of any offensive or obnoxious substance, or substances, or cause or create or permit to be caused or created any offensive or objectionable odors that may be prejudicial to health or offensive to the sensibilities of any residents or other persons.

§ 4-1-810. (RESERVED) (Repealed by Ordinance No. 2012-012, 9/4/12)

§ 4-1-815. (RESERVED) (Repealed by Ordinance No. 2012-012, 9/4/12)

No person other than a duly licensed physician, surgeon, or pharmacist shall within this City sell, distribute or give away any article, drug or preparation, intended for use as or which may be used as a contraceptive, condom, or sex inciting device. No person shall within this City sell distribute or give away such article by means of machines, or by peddling, canvassing, or soliciting.

No person shall within this City wilfully make any false report to the police or fire department.

Any person who furnishes a fictitious name or address or knowingly furnishes an incorrect birth date to a junk dealer, secondhand dealer or pawnbroker shall be guilty of a misdemeanor.

It shall be unlawful for any person other than one who by law is given the authority of a peace officer or one who is a firefighter to wilfully wear, exhibit or use any uniform resembling either in color or design any officially approved uniform of the San Leandro Police Department or San Leandro Fire Department with the intent of fraudulently impersonating a peace officer or firefighter or of fraudulently inducing the belief that he or she is a peace officer or firefighter. The provisions of this section shall not be construed to be inconsistent with Section 146, 146a, 538d or 538e of the California Penal Code or any other provisions of the laws of the State of California. To the extent that the provisions of this section are inconsistent, such laws of the State of California shall prevail.

Article 9

(Reserved)(Legislative History: Article 9, Intimidating Solicitation, previously codified herein and derived from Ordinance No. 2002-04, 3/4/02 (Sections 4-1-900—4-1-950) was repealed in its entirety by Ordinance No. 2019-014, 10/7/19)

Article 10

Butterflies(Legislative History: Ordinance No. 97-031, 11/17/97 (Section 4-1-1000))

It is declared to be unlawful for any persons to molest or interfere with, in any way, the peaceful occupancy of the Monarch Butterflies during the entire time they remain within the San Leandro Marina, Tony Lema Golf Course and Marina Golf Course of the City of San Leandro, in whatever spot therein they may choose to stop, provided, however, that if said butterflies should at any time swarm in, upon, or near the private dwelling house or other buildings of a citizen of the City of San Leandro in such a way as to interfere with the occupancy and use of said dwelling or other buildings, that said butterflies may be removed, if possible, to another location upon the application of said citizen to the City Manager.

Article 11

Noise(Legislative History: Ordinance No. 2003-005, 3/17/03 (Sections 4-1-1100—4-1-1130); Ordinance No. 2011-006, 4/4/11 (Section 4-1-1125); Ord. No. 2024-012, 7/15/2024 (Sections 4-1-1100—4-1-1130))

This Article shall be known and may be cited as the "Noise Ordinance."

It is hereby declared to be the policy of the City of San Leandro, in the exercise of its police power, to protect the peace, health, safety and general welfare of the citizens of San Leandro from loud and unreasonable, unnecessary, or unusual noises which are prolonged, unusual, annoying, disturbing and/or unreasonable in their time, place and use and which are a detriment to public health, comfort, convenience, safety, general welfare and the peace and quiet of the City and its inhabitants. It is the intention of the City Council to control the adverse effect of such noise sources on the citizens by prescribing standards prohibiting detrimental levels of noise and by providing a remedy for violations. The provisions of this Article and the remedies contained in this Code shall be cumulative and are not intended to replace any otherwise available remedies for public or private nuisances, nor any other civil or criminal remedies otherwise available. In addition, the regulations contained herein are not intended to substitute for any noise analysis conducted as a part of the City's environmental review process for discretionary permit approvals, nor is it intended to limit more strict noise control requirements for discretionary permit approvals should more strict measures be found to be necessary in order to maintain noise levels that are not detrimental to the health and welfare of the citizens of the City.

Among the unacceptable noise sources identified in the City's General Plan are mobile sources such as airplanes, commuter and freight railroads, and highway traffic and other sources which are regulated exclusively by the Federal or the State Government. While in most instances the City may not intervene to address these problems directly, it is the strong policy of the City to work with responsible government agencies and elected officials to reduce the real and damaging effects of these noise-producing activities on the quality of life of the City's residents.

(a) It is unlawful for any person, as defined in Section 1-14-100 of this Code, to make, continue, or cause to be made or continued within the limits of said City, any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity, including loud, unreasonable, unusual, penetrating or boisterous noise, disturbance or commotion which annoys, disturbs, injures or endangers the comfort, repose, health, peace and quiet within the limits of the City, and the acts and things listed in this chapter, among others, are declared to be loud, disturbing, injurious and unreasonable noises in violation of this Chapter, but shall not be deemed to be exclusive.

(b) The characteristics and conditions which should be considered in determining whether a violation of this section exists include, but are not limited to, the following:

(1) The level of the objectionable noise.

(2) The level of the ambient noise.

(3) The proximity of the noise to residential property.

(4) The nature of the zoning of the area from which the noise emanates and the area where it is received.

(5) The population density of the area.

(6) The time of day or night.

(7) The duration of the noise.

(8) Whether the noise is recurrent, intermittent, or constant.

(9) Whether the noise is produced by an industrial, commercial, or noncommercial activity.

(10) Whether the nature of the noise is usual or unusual.

(11) Whether the origin of the noise is natural or unnatural.

CERTAIN ACTS CONSTITUTING.

It is the intent of this Article to prohibit all loud, unreasonable, unusual, penetrating or boisterous noise, disturbance or commotion which annoys, disturbs, injures or endangers the comfort, repose, health, peace and quiet within the limits of the City except those specifically exempted by Section 4-1-1120 and those permitted under an exception permit issued pursuant to Section 4-1-1125. Notwithstanding any other provisions of this Article, the following acts, which are not in any way exclusive, the following activities, among others, are declared to be disturbing, excessive and offensive noises in violation of Section 4-1-1110:

(a) Noises by Animals. The permitting, by any person having charge, care, custody, or control of any animal, of such animal to emit any noise by any frequent or long—continued noise, which causes annoyance or discomfort to a reasonable person of normal sensitiveness in the vicinity. For the purposes of this subsection, the animal noise shall not be deemed a disturbance if a person is trespassing or threatening to trespass upon private property in or upon which the animal is situated or if the noise is for any other legitimate cause, such as someone teasing or provoking the animal. The scope of this subsection is intended to be and shall be interpreted to be broader than any similar prohibition set forth in Section 4-11-435 of this Title.

(b) Construction-Related Noise Near Residential Uses. Construction work or related activity which is adjacent to or across a street or right-of-way from a residential use, except between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, or between 8:00 a.m. and 7:00 p.m. on Sunday and Saturday. No such construction is permitted on Federal holidays. As used in this Article, "construction" shall mean any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, for or on any private property, public or private right-of-way, streets, structures, utilities, facilities, or other similar property. Construction activities carried on in violation of this Article may be enforced as provided in Section 4-1-1130, and may also be enforced by issuance of a stop work order and/or revocation of any or all permits issued for such construction activity.

(c) Conflicts with Residential Uses. Subject to the restrictions on constructions contained in subsection (b), the sustained operation or use between the hours of 9:00 p.m. and 8:00 a.m. of any electric or gasoline powered motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, sweeper, vacuum, public address system, whistle muffler, motorized scooter, machine or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, sweeper, vacuum, public address system, whistle muffler, motorized scooter, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible from any residential property line.

(d) Loud Music in Parks. The use of electronic equipment, including, but not limited to,
amplifiers, radio loudspeakers, phonographs, tape amplifiers, electronically operated or
acoustic musical instruments or other device of like design used for producing sound in or
upon any public street, park or grounds, or any other open area to which the public has
access, whether publicly or privately owned, between the hours of 10:00 p.m. and 9:00 a.m.
is unlawful. At any other time of day, such equipment may not be used in a manner which
disturbs the peace, quiet and comfort of neighboring residents or persons of normal
sensitivity who are using such areas. This subsection shall not apply to events for which a
permit has been obtained pursuant to Chapter 4-20.

(e) Music, Stereos and Electronics.

(1) Operating, playing or permitting the operation or playing of any radio, television set,
audio equipment, drum, musical instrument, or similar device which produces or
reproduces loud and raucous noise at any time of day in such a manner as to disturb
the peace, quiet and comfort of neighboring residents or persons of normal sensitivity.
The operation of any such instrument, audio equipment, television set, machine or
similar device between the hours of 10:00 p.m. and 8:00 a.m. in such manner as to be
plainly audible at a distance of 50 feet from the building, structure or vehicle in which
it is located, shall be prima facie evidence of a violation of this subsection.

(a) The words "loud and raucous noise," as used herein, shall mean any sound or
any recording thereof when amplified or increased by any electrical, mechanical
or other device to such volume, intensity or carrying power as to unreasonably
interfere with the peace and quiet of other persons within or upon any one or
more of such places or areas, or as to unreasonably annoy, disturb, impair or
endanger the comfort, repose, health, or safety of other persons within or upon
any one or more such places or areas.

(b) Any noise level caused by such use or operation which exceeds the ambient
noise level on the premises of any other occupied property, or if a condominium,
apartment house, duplex, or attached business, within any adjoining unit, by
more than five decibels shall be a violation of the provisions of this section.

(2) The conducting of or carrying on of band or orchestral concerts, rehearsals or practice
between the hours of 10:00 p.m. and 8:00 a.m. sufficiently loud as to disturb the
peace, quiet or repose of persons of ordinary and normal sensitivity who reside in the
immediate vicinity of such band or orchestral concerts or rehearsals or practice.

(3) Using, or operating, or permitting to be used or operated, for any purpose, any loud
speaker, loudspeaker system, public address or similar device between the hours of
10:00 p.m. and 8:00 a.m. in such a manner as to disturb the peace, quiet and comfort of neighboring residents or persons of normal sensitivity, except for any
noncommercial public speaking, public assembly or other activity for which a permit
has been issued pursuant Chapter 4-20 of this Title.

(4) TABLE OF APPLICABLE LIMITS

TABLE OF APPLICABLE LIMITS

Time of Day Sound Level Limit

8:01 a.m. to 10:00 p.m. 65 decibels

10:00 p.m. to 8:00 a.m. 55 decibels

The following activities shall be exempt from the provisions of this Title:

(a) Emergency Work. The provisions of this Title shall not apply to the emission of sound for
the purpose of alerting persons to the existence of an emergency or in the performance of
emergency work, and activities involving the execution of the duties of duly authorized
governmental personnel and others providing emergency response to the general public,
including, but not limited to, sworn peace officers, emergency personnel, utility personnel,
and the operation of emergency response vehicles and equipment.

(b) Entertainment Events. The provisions of this Article shall not apply to those reasonable
sounds emanating from authorized school bands, school athletic and school entertainment
events and occasional public and private outdoor or indoor gatherings, public dances,
shows, bands, sporting and entertainment events conducted between the hours of 7:00 a.m.
and 10:00 p.m., and special events for which a permit has been issued pursuant to Chapter
4-20 of this Title.

(c) Federal or State Preempted Activities. The provisions of this Article shall not apply to any
other activity the noise level of which is regulated by State or Federal law.

(d) Maintenance to Residential Property. The provisions of this Article shall not apply to noise
sources associated with maintenance to property used for residential purposes, provided the
activities take place between the hours of 8:00 a.m. and 10:00 p.m.

(e) Public Health, Welfare and Safety Activities. The provisions of this Article shall not apply
to construction maintenance and repair operations conducted by public agencies,
franchisees of the City and/or utility companies or their contractors which are deemed
necessary to serve the best interests of the public and to protect the public health, welfare
and safety, including, but not limited to, trash collection, street sweeping, tree removal,
debris and limb removal, removal of downed wires, restoring electrical service, repairing
traffic signals, unplugging sewers, vacuuming catch basins, repairing of damaged poles,
removal of abandoned vehicles, repairing of water hydrants and mains, gas lines, oil lines,
sewers, storm drains, roads, sidewalks, etc.

If an applicant can show to the City Manager or his/her designee that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this Article would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this Chapter may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be of as short duration as possible up to six months, but renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases. Any person aggrieved with the decision of the City Manager or his/her designee may appeal to the City Council pursuant to Article 4 of Chapter 1-12 of this Code.

Any violations of the provisions of this Article are expressly deemed and declared to be a public nuisance, and such violation shall be abated in the manner provided in Chapter 1-12 of this Code.

Article 12

Cultivation of Medical Cannabis(Legislative History: Ordinance No. 2016-001, 2/1/16 (Sections 4-1-1200—4-1-1210))

"Cannabis" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Unless an exemption applies, it is declared to be unlawful for any person or entity to engage in medical cannabis cultivation activities, including cultivation activities within any building or structure or upon any land, in the City of San Leandro.

Cultivation of medical cannabis is exempt from the provision of this Article if performed in accordance with subsection (g) of California Health and Safety Code Section 11362.77.