San Rafael Municipal Code Ch. 8.12 Miscellaneous Public Offenses

(a) Purpose. The city council does hereby find, in the interest of the public health, safety and welfare, that the regulation of establishments and services of those persons who engage in fortunetelling, for pay, shall be governed by the procedures articulated in this chapter and shall conform to the zoning regulations of Title 14.

(b) Permit Required. It is unlawful for any person to engage in, conduct or carry on, within the city, for pay, the business, skill or practice of fortunetelling as hereinafter defined, without first having obtained a permit from the city, as set forth in Section 8.12.051.

(c) Definitions.

(1) "Fortunetelling" means and includes the telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves or other reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, graphology, mind-reading, life reading, telepathy, numerology, or other craft, art science, cards, talisman, charm, potion, magnetism, magnetized articles, or substance, crystal gazing, oriental mysteries, or magic of any kind or nature.

(2) "Chief" means chief of police.

(3) "For pay" means for a fee, salary, reward, donation, loan, or receipt of anything of value.

(4) "Person" means any natural person, partnership, association, corporation or legal entity of any kind.

(d) Exceptions.

(1) Entertainment. The provisions of this section shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of mind-reading, mental telepathy, thought conveyance, or the giving of horoscopic readings at public places and in the presence of and within the hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers.

(2) Religious Practice.

(A) No person shall be required to pay any fee or obtain any permit for conducting or participating in any religious ceremony or service when such person holds a certificate of credit or commission or ordination under the ecclesiastic laws of a religious corporation, incorporated under the laws of any state or territory or the United States of America, or any voluntary religious association, and who fully conforms to the rites and practices prescribed by the supreme conference, convocation, convention, assembly, association, or synod of the system or faith with which such priest, minister, rector, or accredited representative is affiliated.

(B) Any church or religious organization which is organized for the primary purpose of conferring certificates of commission, credit or ordination for a price and not primarily for the purpose of teaching and practicing a religious doctrine or belief shall not be deemed to be a bona fide church or religious organization under this section.

(Ord. 1528 § 2 (part), 1986: Ord. 1212 § 2, 1976).

(a) Every person who for pay, actively conducts, engages in, carries on or practices fortunetelling shall file an application for a permit with the chief. The application shall be in writing, executed under penalty of perjury and funded along with a nonrefundable application fee which the city council shall from time to time set by resolution. Such fee shall be utilized by the city to defray costs of conducting the investigation of the applicant. The application shall include the following:

(1) The full name of the applicant;

(2) The home and business address of the applicant;

(3) The address, city and state, and the approximate dates where and when the applicant may have practiced any similar business, either alone or in conjunction with others, prior to the instant application;

(4) The business address of the applicant for the previous five years;

(5) All other names previously used by the applicant and the respective dates of the use of said names;

(6) The fingerprints of the applicant on a form provided by the police department;

(7) The driver's license number of the applicant;

(8) Any criminal convictions of the applicant;

(9) The exact nature of the business to be conducted, the proposed location of the business, and the name under which the business is to be operated;

(10) The names, addresses and job descriptions of all employees. If an employee is engaging in the business of fortunetelling as herein defined, the application must reflect the employee's San Rafael police department fortunetelling permit number;

(11) Other information deemed by the chief to be reasonably necessary to complete the required investigation.

(Ord. 1528 § 2 (part), 1986).

The chief shall examine the application and determine if it is complete. Upon receipt of a completed application, the chief shall conduct an investigation into the background of the applicant. The investigation shall be conducted to verify the facts contained in the application and any supporting data.

(Ord. 1528 § 2 (part), 1986).

(a) The chief shall issue a permit pursuant to Section 8.12.050 unless, based upon the background and investigation of the applicant, the following findings are made:

(1) The applicant has been convicted of, or is on parole or probation for, or has completed a sentence for, a felony or any offense involving the use of force or violence upon the person of another, or any offense involving theft by fraud, deceit, false pretenses, or trick or device within the five-year period immediately preceding the date of application;

(2) The applicant made false, misleading or fraudulent statements in the application or any other document required by the city;

(3) The applicant refuses to abide by and comply with all conditions of the permit and applicable laws.

(b) If the chief determines to grant the permit, he shall thereafter issue it only after the applicant has paid the permit fee specified in Section 8.12.051(a).

(c) (1)

If the chief, based upon the background investigation, makes one or more of the findings set forth in Section 8.12.053(a), he shall immediately notify the applicant in writing, of his finding(s). The chiefs notice will also advise the applicant that he or she may request a hearing before the city manager to refute the chiefs finding(s), by filing a written notice of a request for such hearing with the city manager within ten calendar days of the date of the chiefs notice. If the applicant fails to request such a hearing within the requisite time period, the chief's findings shall be final and the application shall be denied based upon said findings. At the expiration of the time period for requesting such a hearing, the chief shall notify the applicant in writing, by registered or certified mail or by personal delivery, of the grounds for the denial of the permit.

(2) If the applicant requests a hearing within the requisite time period, the city manager shall set the matter for hearing within fourteen days following the applicant's request, and notify the applicant of the date and time of said hearing. The city shall have the burden of proving that the permit should be denied.

(3) The decision of the city manager to grant, deny or conditionally grant the permit shall be in writing and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented. The city manager shall notify the applicant in writing of his/her decision by registered or certified mail or by personal delivery and shall serve the applicant with a copy of his/her decision.

(Ord. 1528 § 2 (part), 1986).

If a permit is granted, it shall contain the following data:

(a) The name of the operator and place of the proposed business;

(b) The term of the permit;

(c) A description of the business permitted;

(d) Any conditions imposed upon the applicant as a condition of doing business;

(e) The signature of the operator, along with a statement that he or she accepts the permit subject to its terms.

(Ord. 1528 § 2 (part), 1986).

A permit issued pursuant to Section 8.12.053 shall be signed by the chief and shall expire on the thirty-first day of December in the year in which it was issued.

(Ord. 1528 § 2 (part). 1986).

A permit issued pursuant to Section 8.12.053 must be renewed annually by the operator by the filing of an application with the chief no later than thirty days prior to the expiration of the permit. Renewal applications shall be processed in the same manner as a new application.

(Ord. 1528 § 2 (part), 1986).

Permits issued pursuant to Section 8.12.053 are not transferable.

(Ord. 1528 § 2 (part), 1986).

Every permittee shall:

(a) Immediately notify the chief of any change of address;

(b) Immediately notify the chief that the permittee is surrendering his or her permit and terminating business.

Every permittee terminating business shall surrender his or her permit to the chief. The permit shall be held by the chief until expiration, or until the permittee reestablishes business in the city, whichever occurs first.

It shall be a violation of this section to fail to surrender a permit as required.

(c) Every permittee shall pay an annual business license fee as established in San Rafael Municipal Code Chapter 10.84.

(d) Every permittee, at all times while operating under the permit issued pursuant to this chapter, shall have such permit in his/her immediate possession, and shall display such permit upon the demand of any customer or of any police officer of the city.

(Ord. 1528 § 2 (part), 1986).

(a) The chief may suspend or revoke any permit issued hereunder on the following grounds:

(1) The permittee has violated any of the provisions of Chapter 8.12, Sections 8.12.050 through 8.12.060 and/or Title 14;

(2) The permittee has committed any act which would originally have constituted grounds for denial of this permit;

(3) The permittee has committed an act of theft by fraud, deceit, false pretenses, or trick and device;

(4) The permittee hires or retains in his or her employment a person convicted of a felony, any offense involving the use of force or violence upon the person of another, or any offense involving theft by fraud, deceit, false pretenses or trick or device;

(5) The permittee has violated any of the conditions of the permit.

(b) Suspension/Revocation Procedure:

(1) Before suspending or revoking a permit, the chief shall give the permittee ten days' written notice of the grounds for said suspension or revocation and shall conduct a hearing on the suspension or revocation.

(2) The chief shall consider all the evidence presented at the hearing. The chief shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the permit will be suspended or revoked. Written notice of the chief's findings shall be given to the permittee.

(3) Suspensions shall be for a period of no more than thirty days. Any suspension ordered by the chief shall take effect upon the permittee's receipt of written notice of said suspension.

(4) The permittee may appeal from the decision of the chief by filing a notice of appeal to the city council with the city clerk within ten days following said decision. Pending the appeal, any such suspension shall remain in effect. If no notice of appeal is filed within the ten-day period the action of the chief shall become final.

(5) The council shall set the appeal for hearing within thirty days from the date the permittee filed the notice of appeal and notify the permittee of the time and date of appeal. Ten days' notice of such hearing shall be given to the permittee.

(6) The city council may uphold, reverse or modify the suspension or revocation.

(Ord. 1528 § 2 (part), 1986).

(a) Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars.

(b) Every fortuneteller who employs a nonlicensed fortuneteller for the purpose of fortunetelling, as defined in Sections 8.12.050 through 8.12.059, shall be deemed guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars.

(Ord. 1528 § 2 (part), 1986).

No person shall paint, mark, write on, post, paste or in any manner affix any sign, bill, poster, notice or matter of any kind whatever to or upon any city property, park or public place, any streetlight standards or any sidewalk, hydrant, or any tree in or thereupon within the city, except as specifically permitted under Section 14.19.020 pertaining to public kiosks and bus shelters. These prohibitions do not extend to notices that are legally required to be posted under federal, state, local or judicial regulations.

(Ord. 1650 § 1, 1993: Ord. 1509 § 2, 1985: Ord. 1406 § 1, 1981: Ord. 1139 § 1, 1974: Ord. 11: Ord. 38 (part)).

It is unlawful for any person to break, deface, or otherwise injure any of the electroliers or electrolier poles, wires, or conduits.

(Ord. 11 (part)).

It is unlawful for any person to place, keep, maintain or allow any obstruction upon any sidewalk in the city of San Rafael, except as may be otherwise provided in this code.

(Ord. 11 (part)).

Any owner or occupant of a building lot or premises shall keep all sidewalk trees and hedges properly trimmed in such a manner that the same shall not interfere with the free use of sidewalks.

(Ord. 56 (part)).

It is unlawful for any person to wilfully or maliciously turn or send in, or cause to be turned or sent in any false alarm or call which may cause any ambulance or ambulance corps located or maintained in the city of San Rafael, or any member thereof, or any of the apparatus of the ambulance to attend any false alarm for help or assistance.

(Ord. 369, old series).

Except in defense of persons or property, it is unlawful for any person to fire or discharge any gun, pistol, firearm, airgun, musket gun or instrument of any kind, character or description which throws or projects bullets or missiles of any kind to a distance of twenty-five feet or more by means of elastic force of air, or any explosive substance.

(Ord. 841 § 1, 1966: Ord. 80 (part), 1923).

It is unlawful for any person to make, use or have in his possession any slingshot or other instrument or device by which missiles of any kind or description are hurled or projected or to use the same in any manner to the danger or annoyance or injury to any property.

(Ord. 841 § 2, 1966).

The provisions of Sections 8.12.170 and 8.12.180 shall not apply in a regularly and properly constructed shooting range and/or gallery.

(Ord. 841 § 3, 1966).

Except in defense of persons or property it is unlawful for any person to discharge any bow or arrow in this city except in a regularly and properly constructed archery range.

(Ord. 841 § 4, 1966).

(a) No person shall remain upon any private property or business premises, after being notified by the owner or lessee or other person in charge thereof to remove therefrom.

(b) No person, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises, shall enter upon the private property or business premises after having been notified by the owner or lessee or other person in charge thereof to keep off or keep away therefrom.

(c) Exceptions. This section shall not apply in any of the following instances:

(1) Where its application results in 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 color, race, religion, creed, ancestry or national origin;

(2) Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code 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 inhibition of 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; or

(5) Where the person who is upon another's private property or business premises is there under claim or color of legal right. This exception is applicable (but not limited to) the following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies: marital and postmarital disputes, child custody or visitation disputes, disputes regarding title to or rights in real property, landlord-tenant disputes, disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute, employer-employee disputes, business-type disputes such as those between partners, debtor-creditor disputes, and instances wherein the person claims rights to be present pursuant to order, decree or process of a court.

(Ord. 897 § 1, 1968).