San Mateo Municipal Code Ch. 10.04 Public Peace and Order

No person shall make in any place or suffer to be made upon his or her premises, or premises within his or her control, any noise, disorder, or tumult, to the disturbance of the public peace within the City.

Prior code § 59.01

No person shall utter within the hearing of two (2) or more persons any loud, obscene or profane language, words or epithets, or address another, or utter in the presence of another, any words, language or expression, having a tendency to create a breach of the peace.

Prior code § 59.02

Every person is guilty of disorderly conduct:

(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;

(b) Who solicits or who engages in any act of prostitution. As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration;

(c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms;

(d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act;

(e) Who is found in any place under the influence of intoxicating liquor, or any drug, or the influence of toluene or any substance defined as a poison in Schedule D of Section 4160 of the Business and Professions Code, or under the influence of any combination of any intoxicating liquor, drug, toluene or any such poison, in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, or any drug, or the influence of toluene or any substance defined as a poison in Schedule D of Section 4160 of the Business and Professions Code, or under the influence of any combination of any intoxicating liquor, drug, toluene or any such poison, interferes with or obstructs or prevents the free use of any street, sidewalk or other public way;

(f) Who loiters, prowls or wanders upon the private property of another, in the nighttime, without visible or lawful business with the owner or occupant thereof;

(g) Who, while loitering, prowling or wandering upon the private property of another, in the nighttime, peeks in the door or window of any inhabited building or structure located thereon, without visible or lawful business with the owner or occupant thereof;

(h) Who lodges in any building, structure or place, whether public or private, without the permission of the owner or person entitled to the possession or in control thereof.

prior code § 59.03

Irrespective of any other provisions of this code, no person shall willfully or negligently break, injure or damage any real, personal or mixed property belonging to, or owned by, the City.The provisions of this section are cumulative and shall not prevent the City from instituting, prosecuting or maintaining any civil action for breaking, injuring or otherwise damaging property owned by, or belonging to, the City, nor is this section intended to, or shall it, repeal, or amend any other section of this code, providing that it is unlawful to break, injure, or damage any specific type or class of property owned by the City.

prior code § 59.05

(a) It is unlawful for any person to remain upon any private property or business premises after having been notified by the owner or lessee or other person in charge thereof to remove therefrom.

(b) It is unlawful for any person, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises, to enter upon any such private property or business premises after having been notified by the owner, lessee or other person in charge thereof to keep off or away therefrom.

prior code § 59.07

No person shall knowingly or intentionally:

(a) Damage, cut, carve, or injure the bark of any street tree or shrub;

(b) Attach any sign, wire or injurious material to any tree or shrub;

(c) Cause or permit any wire charged with electricity to come into contact with any street tree or shrub; or

(d) Allow any gaseous, liquid, or solid substance harmful to trees to come into contact with the roots, leaves, barks, or any part of any street tree or shrub.

prior code § 65.15

It is unlawful for any person to torture, tease, torment, beat, kick, strike, mutilate, injure, disable, kill, or otherwise interfere with any dog used by the Police Department of the City of San Mateo in the performance of the functions or duties of such department or any officer or member thereof.

It is unlawful for any person to drink or possess any open container of beer, wine, or other intoxicating beverage on any public sidewalk, alley, street or highway. This section shall not be deemed to make punishable any such act or acts which are prohibited by the Vehicle Code or by any other law of the State.

It is unlawful for any person to drink or possess any open container of beer, wine, or other intoxicating beverage upon that portion of private property open to the public and within 500 feet of any public sidewalk, alley, street or highway, which is used or intended to be used for the parking or storage of motor vehicles by customers or employees of any business, commercial or industrial establishment without the express written permission of the owner, agent, or person in lawful possession thereof. This section shall not be deemed to make punishable any such act or acts which are prohibited by the Vehicle Code or by any other law of the State.

It is unlawful for any person to urinate or defecate on public property or in any public place.

(a) It is unlawful for any person acting alone or for two (2) or more persons acting together or in concert to block or obstruct or otherwise prevent access to, or passage to or from, any public or private building, area or place through physical interference, assault or threats of immediate personal harm, or by such means, to attempt to do so.

(b) Exceptions. This section does not apply to: (1) the owners or lawful tenants of such building, place, or area provided that they are acting within the scope and authority of their ownership or tenancy; and (2) Federal, State, or local representatives of government acting within the scope of their employment.

It is unlawful for any person without authorization to wear, display, or use any title, identification card, vehicle, uniform, cap, badge, insignia, or other document or item that causes or would tend to cause a reasonable individual to believe that such a person is an employee of the City, a member of any law enforcement agency or fire service, or an employee of a public utility.

Any person who displays, sells, or offers to sell any material that is harmful to minors, as defined by Chapter 7.6 of the California Penal Code, in a public place, other than a public place from which minors are excluded, shall place devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view. The definitions of Penal Code Chapter 7.6 are incorporated herein including the definition of "harmful matter" which includes the display of photographs or pictorial representations of acts of sodomy, oral copulation, sexual intercourse, masturbation, bestiality, or representation of an exposed penis in an erect and turgid state.It is unlawful to fail to comply with this section.

It is unlawful:

(a) For any person to use a vehicle as defined in the California Vehicle Code, for lodging in the City of San Mateo. For the purpose of this section, "lodging" means the combination of one or more activities in subdivision (1) with one or more activities in subdivision (2) where it reasonably appears, in light of all the circumstances, that a person is using a vehicle for habitation.

(1) Storing of contents inside a vehicle that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment, bodily fluids, or the storing of personal possessions or belongings that obscure some or all of the vehicle's windows; and

(2) Engaging or engaged in one or more of the following inside a vehicle: preparing or cooking meals or sleeping.

(b) For any person to connect any camp car, motor home, travel trailer or any other vehicle which is equipped for sleeping or cooking or both, to any public utility, such as water, electricity, gas or sewer services, except as may be necessary for the maintenance and preparation of the vehicle. The duration of any such maintenance or preparation connection shall not exceed eight hours in any seven consecutive days.

Each of the following public San Mateo City Libraries is designated as a "drug-free zone" pursuant to California Health and Safety Code Section 113830.5:55 West Third Avenue205 West Hillsdale Blvd.1530 Susan Court.