Santa Ana Municipal Code § 10-56 Same—Playing or betting

An abandoned oil or water well is any such well not actually and continuously used and any well, whether being used or not, the mouth or entrance of which is left open.

A person who digs, drills, excavates, constructs, owns or controls any water well or oil well and abandons such well, and a person who owns, possesses or controls any premises on which an abandoned water well or oil well exists, shall cap or otherwise securely cover the mouth or entrance to the well. The capping or covering shall be so constructed and installed as will prevent any human being from falling into the well or from suffering any bodily injury, through accident or inadvertence, by reason of the existence of the well.

(Code 1952, §§ 38001.1, 3801)

State Law reference— For law governing abandoned shafts, see § 24400, Health and S. Code, wherein fencing is required.

(a) Except as otherwise hereinafter provided, it shall be unlawful for any person to take or cause to be taken any commercial motion picture or electronic video tape in or upon any property owned or controlled by the City of Santa Ana unless and until a permit to take such commercial motion picture or electronic video tape has been obtained pursuant to section 10-3.

(b) This section shall not apply to persons taking motion pictures or electronic video tapes for their own personal entertainment and not for commercial purposes, nor shall it apply to persons engaged in taking motion pictures or electronic video tapes for news-gathering or reporting purposes.

(Ord. No. NS-1547, § 1, 1-5-81)

(a) Any person desiring a permit for taking motion pictures or electronic video taping shall apply to the city manager for a permit at least fifteen (15) days in advance of the proposed activity on a form to be provided by the city manager. The application shall be verified and may contain any or all of the following information as required by the city manager:

(1) The name, address and telephone number of the person seeking the permit;

(2) The name, address and telephone number of any organization and the responsible officer of such organization on whose behalf any such permit is sought;

(3) The location of the proposed filming or video taping;

(4) The date and times of the proposed filming or video taping;

(5) A list of motor vehicles and their license numbers proposed to be parked during any such filming or taping;

(6) The services of city employees desired or required on the proposed location before, during and after filming or taping;

(7) A description of the scene to be filmed or taped;

(8) The name of the person to be in charge of the filming or taping activity; and

(9) Such other information as the city manager shall deem reasonably necessary in determining whether the permit should be issued.

(b) Each application for a permit required by section 10-2 shall be accompanied by proof that a nonrefundable application fee as established by resolution of the city council has been deposited with the director of finance.

(Ord. No. NS-1547, § 2, 1-5-81)

(a) Prior to issuance of any permit required by section 10-2, the city manager shall require that the applicant shall have obtained a comprehensive general liability insurance policy or policies in a form as approved by the city attorney, issued by an insurance company or companies authorized to do business in the State of California, with coverage that includes the permitted activities and the location in which the filming or taping activities shall occur and any other area used by the applicant. The City of Santa Ana, its officers and employees shall be named as additional insureds on said policy or policies. The policy limits of said insurance policy or policies shall not be less than one million dollars ($1,000,000.00) per occurrence combined single limit for both bodily injury and property damage. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after ten (10) days notice thereof has been given in writing to the clerk of the council of the City of Santa Ana.

(b) Each person, as defined in this Code, to whom a permit is issued hereunder shall indemnify and hold harmless the City of Santa Ana, its officers, agents and employees, from and against all damages to property or injuries to or death of any person or persons, including officers, agents and employees of the City of Santa Ana, and shall defend, indemnify and save harmless the City of Santa Ana, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, of or by anyone whomsoever, in any way resulting from any act or omission of such person or such persons, officers, agents or employees.

(Ord. No. NS-1547, § 3, 1-5-81)

(a) The city manager shall issue a permit required by section 10-2 upon a finding that:

(1) The applicant has complied with all applicable laws; and

(2) The conduct of the applicant will not substantially interrupt the safe and orderly movement of traffic or the scheduled maintenance of buildings or grounds at the location; and

(3) The conduct of the applicant will not interfere with fire and police protection or ambulance service to areas in the vicinity of the filming or taping; and

(4) There is no other previously planned use or the location; and

(5) The applicant has deposited an amount of money as determined by the director of finance to defray costs to be incurred by the city, including, but not limited to, personnel, material and equipment costs. After deduction of actual costs incurred by the city, any balance shall be refunded to the applicant. If the actual cost to the city is greater than the deposit, the applicant shall promptly pay the excess to the city upon receipt of a billing thereof.

(b) The city manager shall deny the application for a permit required by section 10-2 upon a finding that:

(1) Facts are contrary to the findings required to be made for issuance of such permit; or

(2) The information contained in the application is false in any material detail.

(c) Any person aggrieved by any action of the city manager pursuant to this section shall have the right to appeal as provided by Chapter 3 of this Code.

(Ord. No. NS-1547, § 4, 1-5-81)

As used in this article, the following definitions shall apply:

(a) "Parade" means any parade, march, procession, ceremony, exhibition, or pageant of any kind, consisting of people, animals or vehicles, or combination thereof, upon any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations and controls.

(b) "Person" means and includes any individual, firm, partnership, association, corporation, company, or organization of any kind.

(c) "City manager" means the city manager of the City of Santa Ana or designee.

(Ord. No. NS-1426, § 1, 6-5-78; Ord. No. NS-2528, § 3, 6-2-03; Ord. No. NS-2761, § 2, 1-7-08)

No person shall engage in, conduct or carry on the activity of a parade without a permit issued under the provisions of this chapter.

(Ord. No. NS-1426, § 2, 6-5-78; Ord. No. NS-2528, § 3, 6-2-03)

(a) Each application for a permit to conduct a parade shall be accompanied by proof that a nonrefundable fee as established by resolution of the city council has been deposited with the police department for the purpose of paying the cost of processing said application.

(b) Any person desiring to conduct a parade shall apply to the city manager for a permit no earlier than one hundred eighty (180) days or later than thirty (30) days in advance of the date of the proposed parade. The city manager may, for good cause shown, consider any application for a permit to conduct a parade which is filed less than thirty (30) days prior to the date such parade is to be conducted. The application for such permit shall be on a form provided by the city manager, shall be verified, and shall contain the following information:

(1) The name, address and telephone number of the person seeking to conduct a parade;

(2) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the responsible officer of such organization;

(3) The name, address and telephone number of the parade chairman, or the person otherwise responsible for its conduct (such person shall be present during the entire parade);

(4) The date on which the parade is to be held;

(5) The route to be traveled, if any, including the starting point and termination point, including a map and written narrative of the route;

(6) The approximate number of persons, animals, and vehicles taking part in the parade, including the type of animals and description of vehicles;

(7) The hours at which the parade will start and terminate;

(8) Whether such parade will occupy all or only one-half (½) of the width of the streets proposed to be traversed;

(9) The location by streets of assembly and disassembly of such parade;

(10) The time at which units of the parade will begin assembly in the assembly area;

(11) The maximum length or the components of the parade; and

(12) Such additional information as the city manager shall deem reasonably necessary in determining whether or not the permit shall issue under the standards set forth below.

(Ord. No. NS-1426, § 3, 6-5-78; Ord. No. NS-2528, § 3, 6-2-03; Ord. No. NS-2761, § 3, 1-7-08)

Prior to issuance of any permit pursuant to section 10-12, the city manager shall require that the applicant and any other persons, organizations, firms or corporations on whose behalf the application is made, by filing such application do represent, stipulate, contract and agree that they will jointly and severally indemnify and hold the city and its officers and employees harmless against liability for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the permit or the conduct of the parade or its participants.

(Ord. No. NS-1426, § 4, 6-5-78; Ord. No. NS-1535, § 1, 7-21-80; Ord. No. NS-2528, § 3, 6-2-03)

Upon receipt of the application, the city manager shall transmit a copy of such application to the following: Chief of police, director of public works, fire chief, traffic engineer, and the Orange County Transit District. Each of the foregoing may review and provide a written report to the city manager within ten (10) days after the filing of such application. Immediately upon granting of a permit, the city manager shall transmit a copy thereof to each of the above departments.

(Ord. No. NS-1426, § 5, 6-5-78; Ord. No. NS-2528, § 3, 6-2-03)

The city manager shall issue a permit for a parade upon a finding that:

(a) The conduct of the parade will not substantially interrupt the safe and orderly movement of traffic in the area of its route;

(b) The conduct of the parade will not require the diversion of so great a number of police officers of the city so as to prevent the normal police protection of the city;

(c) The concentration of persons, a animals and vehicles in the parade will not unreasonably interfere with proper fire and police protection, or ambulance service to areas in the vicinity of the parade, its assembly area or other areas of the city;

(d) The conduct of the parade is not reasonably likely to cause injury to persons or property, provoke disorderly conduct or create a disturbance;

(e) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;

(f) The parade is not proposed for a time and location for which another parade permit has been previously issued;

(g) The proposed area for the parade or for the set-up or dispersal of the parade could physically accommodate the number of participants expected to participate in the parade, as reflected in the application completed and submitted pursuant to the requirements of this chapter.

(Ord. No. NS-1426, § 6, 6-5-78; Ord. No. NS-2528, § 3, 6-2-03)

The city manager shall deny an application for a parade permit and notify the applicant of such denial where:

(a) The city manager makes any findings contrary to the findings required to be made for the issuance of a permit;

(b) The information contained in the application is found to be false in any material detail.

The city manager shall within fifteen (15) days after the filing of such application act thereon. If the city manager finds that such permit should not be issued, he shall mail within such time a notice of his action denying the permit, stating in general terms the reasons for his denial of the permit. Failure to act within the specified time period shall be deemed a denial.

(Ord. No. NS-1426, § 7, 6-5-78; Ord. No. NS-2528, § 3, 6-2-03)

Any person aggrieved by such action of the city manager shall have the right to appeal as provided in chapter 3 of this Code. Any judicial relief sought upon a final decision shall be in accordance with section 41-191.5.

(Ord. No. NS-1426, § 8, 6-5-78; Ord. No. NS-2528, § 3, 6-2-03)

Each parade permit issued shall specify the following information:

(a) The assembly area and time therefore;

(b) The starting time of the parade;

(c) The minimum and maximum speeds to be maintained by vehicles in the parade, if any;

(d) The maximum length of components of the parade in miles or fraction thereof;

(e) The maximum interval of space to be maintained between units of the parade;

(f) The specific portions of streets that may be occupied by the parade;

(g) The disassembly area and time therefore;

(h) Such other requirements as are found by the city manager to be reasonably necessary for the protection of persons or property.

(Ord. No. NS-1426, § 9, 6-5-78; Ord. No. NS-2528, § 3, 6-2-03)

(a) Each permittee hereunder shall comply with all terms, conditions and provisions of the permit and with all applicable laws of the state and the city. Each permittee shall ensure that the person in charge of the parade will at all times carry such permit on his person during the conduct of the parade.

(b) Signs. Any signs with supports, shall have supports, which are made of wood, blunt at each end, not exceed forty (40) inches in length, be one-fourth-inch (¼") or less in thickness and two (2) inches or less in width.

(c) No person shall carry, possess or wear any gas mask or similar device designed to filter all air breathed and that would protect the respiratory tract and face against irritating, noxious or poisonous gases.

(d) Use of amplification devices shall be prohibited unless specifically allowed via conditions on the permit.

(Ord. No. NS-1426, § 10, 6-5-78; Ord. No. NS-2528, § 3, 6-2-03)

The provisions of these sections shall not apply to funeral processions or to governmental agencies acting within the scope of their authorized functions.

(Ord. No. NS-1426, § 11, 6-5-78; Ord. No. NS-2528, § 3, 6-2-03)

The city manager may revoke a parade permit issued pursuant to this ordinance [sections 10-7 through 10-21] if the manager finds that any term, condition, restriction or limitation of such permit has been violated, or if the manager finds that as a result of changed circumstances any one (1) or more of the standards specified in section 10-12 has not been satisfied. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal from any such revocation may be taken as hereinbefore specified in section 10-14.

(Ord. No. NS-1426, § 12, 6-5-78; Ord. No. NS-2528, § 3, 6-2-03)

No person shall knowingly join or participate in any parade conducted under permit from the city manager in violation of any terms of said permit, nor knowingly join or participate in any permitted parade without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct.

(Ord. No. NS-1426, § 13, 6-5-78; Ord. No. NS-2528, § 3, 6-2-03)

A permittee under the provisions of this chapter shall reimburse the city for all traffic control costs incurred in connection with diverting traffic due to the closure of streets. These costs shall be established by the city council by resolution from time to time. No fee shall be charged based upon the need for security or increased police protection due to the nature of the parade.

(Ord. No. NS-2528, § 3, 6-2-03)

Any violation of this chapter or the terms or conditions of a parade permit by the permittee or any participant in a parade is a misdemeanor.

(Ord. No. NS-2528, § 3, 6-2-03)

As used in this article, the following definitions shall apply:

Special event means the temporary use of public property for the purpose of conducting certain outdoor, short-term events and includes, but is not limited to, promotional or fund-raising activities, athletic or sporting events, art shows, sidewalk sales, live musical events, community celebrations and observances, or neighborhood activities such as block parties, which are conducted in whole or in part on city-owned or controlled public property. The term "special event" does not include events conducted at Eddie West Stadium, to the extent governed by article 6 of chapter 2 of this Code, or to events conducted at city parks, recreation or community facilities to the extent governed by article 6 of chapter 2 of this Code, or to events conducted at city parks, recreation or community facilities to the extent governed by chapter 31 of this Code, or to events as governed by section 41-195.5 of this Code.

City manager means the city manager of the City of Santa Ana or designee.

(Ord. No. NS-2528, § 4, 6-2-03; Ord. No. NS-2761, § 4, 1-7-08)

No person shall engage in, conduct or carry on the activity of a special event without a permit issued under the provisions of this chapter.

(Ord. No. NS-2528, § 4, 6-2-03)

(a) Each application for a permit to conduct a special event shall be accompanied by proof that a nonrefundable fee as established by resolution of the city council has been deposited with the police department for the purpose of paying the cost of processing said application.

(b) Any person desiring to conduct a special event shall apply to the city manager for a permit no earlier than one hundred eighty (180) or later than thirty (30) days in advance of the date of the proposed special event. The city manager may, for good cause shown, and upon payment of an accelerated processing fee, consider any application for a permit to conduct a special event which is filed less than thirty (30) days prior to the date such special event is to be conducted. The application for such permit shall be on a form provided by the city manager, shall be verified, and shall contain the following information:

(1) The name, address and telephone number of the person seeking to conduct a special event;

(2) If the special event is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization, and of the responsible officer of such organization;

(3) The name, address and telephone number of the special event, or the person otherwise responsible for its conduct (such person shall be present during the special event);

(4) The date on which the special event is to be held;

(5) The route to be traveled, if any, including the starting point and termination point;

(6) The approximate number of persons, animals, and vehicles taking part in the special event, including the type of animals and description of vehicles, and any amplified sound systems to be used;

(7) The approximate hours at which the special event will start and terminate;

(8) Whether alcohol is to be served or sold;

(9) The location by streets of assembly and disassembly of such special event;

(10) A petition signed by at least eighty (80) percent of all the residents and businesses within the enclosed street closure boundaries wherein pedestrian and vehicular ingress and egress is impacted by the special event. The police chief or designee shall establish guidelines to govern the petition process;

(11) A site plan showing what public property will be used and where any items will be placed on public property;

(12) An agreement that the city shall be compensated for any damage to public property, and that the site shall be cleaned and restored to the condition in which it was found prior to the holding of the special event, or compensate the city for any and all associated clean-up costs; and

(13) Such additional information as the city manager shall deem reasonably necessary in determining whether or not the permit shall issue under the standards set forth below.

(Ord. No. NS-2528, § 4, 6-2-03; Ord. No. NS-2761, § 5, 1-7-08)

Prior to issuance of any permit pursuant to section 10-22.5, the city manager shall require:

(a) That the applicant and any other persons, organizations, firms or corporations on whose behalf the application is made, by filing such application do represent, stipulate, contract and agree that they will jointly and severally indemnify and hold the city and its officers and employees harmless against liability for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the permit or the conduct of the special event or its participants.

(b) Prior to issuance of any permit required by section 10-22.1, the city manager shall require that the applicant shall have obtained a comprehensive general liability insurance policy or policies in a form as approved by the city attorney, issued by an insurance company or companies authorized to do business in the state, with coverage that includes the permitted activities and the location in which the filming or taping activities shall occur and any other area used by the applicant. The city, its officers and employees shall be named as additional insureds on said policy or policies. The policy limits of said insurance policy or policies shall not be less than one million dollars ($1,000,000.00) per occurrence combined single limit for both bodily injury and property damage. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after ten (10) days notice thereof has been given in writing to the clerk of the council of the city.

(Ord. No. NS-2528, § 4, 6-2-03)

Upon receipt of the application, the city manager shall transmit a copy of such application to the following: Chief of police, director of public works, fire chief, traffic engineer, and the Orange County Transit District. Each of the foregoing may review and provide a written report to the city manager within ten (10) days after the filing of such application. Immediately upon granting of a permit, the city manager shall transmit a copy thereof to each of the above departments.

(Ord. No. NS-2528, § 4, 6-2-03)

The city manager shall issue a permit for a special event upon a finding that:

(a) The conduct of the special event will not substantially interrupt the safe and orderly movement of traffic in the area;

(b) The conduct of the special event will not require the diversion of so great a number of police officers of the city so as to prevent the normal police protection of the city;

(c) The concentration of persons, animals and vehicles in the special event will not unreasonably interfere with proper fire and police protection, or ambulance service to areas in the vicinity of the special event, its assembly area or other areas of the city;

(d) The conduct of the special event is not reasonably likely to cause injury to persons or property, provoke disorderly conduct or create a disturbance;

(e) The special event is not proposed for a time and location for which another special event permit has been previously issued;

(f) The proposed area for the special event or for the set-up or dispersal of the special event could physically accommodate the number of participants expected to participate in the special event, as reflected in the application completed and submitted pursuant to the requirements of this chapter.

(Ord. No. NS-2528, § 4, 6-2-03)

As a condition to granting such permit, the city manager may impose reasonable terms and regulations concerning:

(a) The time and place of such special event;

(b) The area and manner of conducting such special event;

(c) The maximum number of persons participating therein;

(d) The type of live amplified music;

(e) The regulation of traffic, if required;

(f) The number and type of signs, banners, and barricades to be provided by applicant, if any, together with a plan of their disposition attached to the application;

(g) Whether alcohol shall be allowed;

(h) Whether security guards shall be required (the minimum number is to be determined by the chief of police or his authorized representative during the application process. Under special circumstances city police officers may be required in addition to security guards. The applicant will bear the cost of the police officers)

(i) And such other requirements as they may find reasonable and necessary for the protection of persons and property.

(Ord. No. NS-2528, § 4, 6-2-03)

The city manager shall deny an application for a special event permit and notify the applicant of such denial where:

(a) The city manager makes any findings contrary to the findings required to be made for the issuance of a permit;

(b) The information contained in the application is found to be false in any material detail.

The city manager shall within fifteen (15) days after the filing of such application act thereon. If the city manager finds that such permit should not be issued, he shall mail within such time a notice of his action denying the permit, stating in general terms the reasons for his denial of the permit.

(Ord. No. NS-2528, § 4, 6-2-03)

Any person aggrieved by such action of the city manager shall have the right to appeal as provided in chapter 3 of this Code. Any judicial relief sought upon a final decision shall be in accordance with section 41-191.5.

(Ord. No. NS-2528, § 4, 6-2-03)

Each special event permit issued shall specify the following information:

(a) The name of the person or organization to whom issued;

(b) The address and telephone number of the person or organization named on the permit;

(c) The type of activity for which the permit has been issued;

(d) The date, hour and location of the special event;

(e) Any conditions imposed on the holding of such special event.

(Ord. No. NS-2528, § 4, 6-2-03)

(a) Each permittee hereunder shall comply with all terms, conditions and provisions of the permit and with all applicable laws of the state and the city. Each permittee shall ensure that the person in charge of the special event will at all times carry such permit on his person during the special event.

(b) Signs. Any signs with supports, shall have supports, which are made of wood, blunt at each end, not exceed forty (40) inches in length, be one-fourth-inch (¼") or less in thickness and two (2) inches or less in width.

(Ord. No. NS-2528, § 4, 6-2-03)

The city manager may revoke a special event permit issued pursuant to this ordinance [sections 10-22 through 10-22.14] if the manager finds that any term, condition, restriction or limitation of such permit has been violated, or if the manager finds that as a result of changed circumstances any one (1) or more of the standards specified in sections 10-22.5 and 10-22.6 have not been satisfied. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal from any such revocation may be taken as hereinbefore specified in section 10-22.8.

(Ord. No. NS-2528, § 4, 6-2-03)

No person shall organize, produce, direct, conduct, manage, institute or carry on any specific event without a permit first had and obtained from the city manager. No person shall promote, advertise, encourage or solicit attendance or otherwise participate in any way in a special event for which no permit has been issued, or for which such permit has been suspended or revoked.

(Ord. No. NS-2528, § 4, 6-2-03)

(a) A permittee under the provisions of this chapter shall reimburse the city for all city department service charges incurred in connection with or due to the permittee's activities under the permit. These costs shall be established by the city council by resolution from time to time.

(b) A permittee that is co-sponsoring an event with the city or is selected to receive assistance for a special event pursuant to a special event policy adopted by resolution of the city council, may be wholly or partially exempt from subsection (a) above, as provided for by the adopted policy.

(Ord. No. NS-2528, § 4, 6-2-03; Ord. No. NS-2879, § 1, 8-4-15)

Editor's note— Ord. No. NS-2879, § 1, adopted August 4, 2015, amended § 10-22.13 to read as set out herein. Previously § 10-22.13 was titled "City's costs to be paid by person or organization responsible for special event."

Any violation of this chapter or the terms or conditions of a special event permit by the permittee or any participant in a special event is a misdemeanor.

(Ord. No. NS-2528, § 4, 6-2-03)

No person shall advertise upon, paint, color or deface in any manner any public highway, street, pavement or other public place within the city.

(Code 1952, § 4272)

No person except a public officer or employee in performance of a public duty shall paint, paste, print, nail, tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind on any curbstone, lamppost, pole, hydrant, bridge, wall or tree upon any public street or other public place, except as may be required or permitted by law.

(Ord. No. NS-2080, § 6, 9-17-90)

No person shall drink any alcoholic beverage on any street, park, in any automobile, in any public place or in any other public place within the city, except in establishments or business places properly licensed for the consumption of alcoholic beverages under the Alcoholic Beverage Control Act of the state.

(Code 1952, § 4251; Ord. No. NS-703, § 2, 12-16-63)

State Law reference— Alcoholic Beverage Control Act, § 23000 et seq., Bus. and P. Code.

No person shall urinate or evacuate his bowels on private property in an area exposed to the public view, or on any public street, sidewalk, alley, park, or other public place, except in a public restroom.

(Ord. No. NS-1384, 1-3-78)

No person shall wilfully appear, bathe, sunbathe, dress or undress in any public place, or in any place open to the public or exposed to public view, in such a manner that the genitals, pubic hair, buttocks, anus, anal regions, natal cleft, perineum or pubic hair region of any person, or any portion of the breast at or beyond the edge of the areola thereof of any female person is/are exposed to public view or is/are not covered by an opaque covering.

This section shall not apply to the following:

(1) Children under the age of ten (10) years; and

(2) Live theatrical performances performed in a theater, concert hall or other similar establishment located on public or private land.

(Ord. No. NS-2018, § 1, 8-7-89)

Editor's note— Section 10-40, prohibiting the filing of false statements regarding city officers or employees, derived from Ord. No. NS-1223, § 1, adopted Nov. 18, 1974, was repealed by Ord. No. NS-1510, § 1, enacted Dec. 3, 1979.

No person shall give or send to the police department or any policeman any false information in the line of a policeman's duty by means of the telephone or otherwise by which the police department or any policeman is deceived to believe that any policeman is wanted for any police duty in the city.

(Code 1952, § 3807)

State Law reference— False bomb report, § 148.3, Pen. Code.

Every person requesting that his fingerprints be processed by the City of Santa Ana shall accompany such request with payment of the appropriate fee as established from time to time by resolution adopted by the city council. This fee shall not be required of the following persons:

(1) Applicants for employment with the City of Santa Ana.

(2) Applicants who are amnesia victims and are attempting to establish their identity.

(3) Applicants who are complying with any of the following statutes: California Penal Code Sections 290, 1026, 1203.1, 1203.45, 1370, 11113 and California Health and Safety Code Section 11850.

(Ord. No. NS-1101, § 1, 12-20-71; Ord. No. NS-1233, § 1, 9-16-74)

Editor's note— Ord. No. NS-1801, § 1, adopted Oct. 14, 1985, repealed § 10-46 which pertained to fortunetelling and which derived from Code 1952, § 4220, and Ord. No. NS-977, § 1, adopted Aug. 18, 1969.

No person shall conduct within the city any house, room, apartment or place used in whole or in part as a gambling house or place where any game is played, dealt or carried on with cards, dice or other device for merchandise, property or anything of value; provided, however, nothing in this section shall apply to the games played for money, checks, chips, credit or any other representative of money, defined or mentioned in Section 330 of the Penal Code of the state.

(Code 1952, § 4210)

Cross reference— Prohibited in pool halls, § 29-6; prohibited in parks and recreation centers, § 31-2.7.

State Law reference— Similar provisions, § 330 et seq., Pen. Code.

No person shall knowingly permit any house, room, apartment or place owned by him or under his charge or control in the city to be used in whole or in part as a gambling house or place for playing, dealing or carrying on any game with cards, dice or other device for merchandise, property or anything of value; provided, however, nothing in this section shall apply to the games played for money, checks, chips, credits or any other representative of money, defined and prohibited in Section 330 of the Penal Code of the state.

(Code 1952, § 4211)

No person shall play or bet at or against any game which is played, dealt or carried on with cards, dice or other device for merchandise, property or anything of value; provided, however, nothing in this section shall apply to the games played for money, checks, chips, credits or any other representative of money, defined and prohibited in Section 330 of the Penal Code of the state.

(Code 1952, § 4212)

No person shall deal, play, or carry on, open, or cause to be opened, or conduct, or permit, either as owner or employee, whether for hire or not, any game of dice having six (6) faces or less, or any game played with small round balls usually having one (1) flat face and commonly referred to as "pool peas", or any games using pool balls for the purpose of engaging in billiards, snooker, pool, or any similar game when the aforementioned games are played for money, checks, credit, or other representatives of value, and no person shall bet at or against any of the aforementioned and prohibited games.

(Code 1952, § 4213; Ord. No. NS-862, § 1, 11-21-66)

"Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.

(Ord. No. NS-1314, § 1, 9-20-76)

No person or organization shall organize, conduct or operate a bingo game without having first procured and maintained a license issued by the City of Santa Ana pursuant to the provisions of this Code.

(Ord. No. NS-1314, § 2, 9-20-76; Ord. No. NS-1389.1, § 1, 10-17-77; Ord. No. NS-1396, § 1, 2-6-78)

Organizations exempted from the payment of the bank and corporation tax by Sections 23701 a, 23701 b, 23701 d, 23701 e, 23701 f, 23701 g, and 23701 l, of the Revenue and Taxation Code, and mobile home park associations and senior citizens' organizations are eligible to apply to the city for a license to conduct bingo games in the City of Santa Ana under the provisions of Section 326.5 of the Penal Code, as amended, and the provisions of the Santa Ana Municipal Code relating to bingo.

(Ord. No. NS-1351, § 1,_4-4-77; Ord. No. NS-1389, § 2, 10-17-77; Ord. No. NS-1396, § 2, 2-6-78; Ord. No. NS-1677, § 1, 5-2-83)

Eligible organizations desiring to obtain such license to conduct bingo games in the City of Santa Ana shall file an application in writing with the finance department on a form to be provided by the finance department. The issuing authority shall be the city manager.

(Ord. No. NS-1314, § 3, 9-20-76)

No license shall be issued to any organization unless such applicant is an eligible organization under section 10-59.1 and its application conforms to the requirements, terms and conditions of this Code.

(Ord. No. NS-1314, § 4, 9-20-76; Ord. No. NS-1396, § 3, 2-6-78)

(a) Each application for a bingo license shall be accompanied by a license fee in the amount of fifty dollars ($50.00), one-half (½) of which shall be refunded to the applicant if the license is denied.

(b) Each licensee shall pay a monthly fee of one (1) percent of the monthly gross receipts over five thousand dollars ($5,000.00) derived from bingo games to the city's director of finance, as hereinafter provided.

(c) On or before the fifteenth day of each month, the licensee shall report in writing to the city's director of finance, in a form prescribed by the director, an accounting of all bingo receipts and expenditures for the immediately preceding calendar month. The statement required hereunder shall be signed and certified to be correct by the president or treasurer of the licensee, and shall be accompanied by the payment required by subsection (b) of this section. Fees not paid when due shall bear interest from the date due until paid at the maximum rate an individual is permitted by law to charge.

(Ord. No. NS-1677, § 2, 5-2-83)

An application for bingo license shall contain the following:

(a) The name of the applicant organization and a statement that applicant is an eligible organization under section 10-59.1(a) and has met the requirement of section 10-59.1(b).

(b) The name, address and date of birth of officers and directors of the corporation or community chest and the trustee of any trust.

(c) The particular property within the City of Santa Ana including the street number, donated to or owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place.

(d) Proposed days of week and hours of day for conduct of bingo games.

(e) That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and the Santa Ana Municipal Code, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the city manager upon violation of any such provisions.

(f) Except as to mobile home park associations and senior citizens' organizations (unless the same are qualified under any of the applicable Revenue and Taxation Code sections), the applicant shall also submit with its application, a certificate of determination of exemption pursuant to the Revenue and Taxation Code section which is applicable to the applicant organization, or a letter of good standing from the exemption division of the franchise tax board in Sacramento showing exemption under said applicable section.

(g) Said application shall be signed by the applicant under penalty for perjury.

(h) No person shall make any fraudulent statement on the application with respect to the information required herein.

(Ord. No. NS-1314, § 5, 9-20-76; Ord. No. NS-1396, § 49, 2-6-78; Ord. No. NS-1677, § 3, 5-2-83)

(a) Upon receipt of the completed application and the fee, the finance director shall refer the application to the city manager for investigation.

(b) The city manager shall deny the issuance of a bingo license if the city manager finds any or all of the following:

(1) The applicant has made a material misrepresentation in the application; or

(2) The applicant fails to qualify as an applicant organization; or

(3) The property fails to qualify as property on which bingo games may lawfully be conducted as to fire, zoning, occupancy, parking, and other applicable restrictions; or

(4) Any officer or director of the applicant has, within five (5) years prior to the application filing date, been convicted in a court of competent jurisdiction of a felony or any crime involving theft, embezzlement, dishonesty or fraud.

(Ord. No. NS-1314, § 6, 9-20-76; Ord. No. NS-1677, § 4, 5-2-83)

Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City of Santa Ana, the city manager shall issue a license to said applicant which shall be valid for a period of one (1) year from the date of issuance and which shall contain the following information:

(a) The name and nature of the organization to whom the license is issued.

(b) The address where the bingo games are authorized to be conducted.

(c) The occupancy capacity of the room in which bingo games are to be conducted.

(d) The date of the expiration of such license.

(e) The days and hours during which licensee conducts or operates a bingo game.

(f) Such other information as may be necessary or desirable for the enforcement of the provisions of this Code.

(Ord. No. NS-1314, § 7, 9-20-76; Ord. No. NS-1326, § 1, 10-26-76; Ord. No. NS-1396, § 5, 2-6-78)

(a) Whenever it appears to the city manager that the licensee is conducting a bingo game in violation of any of the provisions of this Code, the city manager shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.

(b) Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (a) shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(c) The order issued under subsection (a) shall also notify the licensee that he shall have five (5) days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the city manager within said five-day period, shall result in a revocation of the license.

(d) Upon such request by the licensee, whose license has been suspended under subsection (a), for a hearing to determine whether such license shall be revoked, the city manager shall provide such hearing within ten (10) days after receipt of such request at which hearing the suspended licensee may appear before the city manager, or his delegate, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation.

(e) Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the city manager.

(Ord. No. NS-1314, § 8, 9-20-76)

(a) Whenever it appears to the city manager that the licensee is conducting bingo games in violation of any of the provisions of this Code, or that the license was obtained by fraudulent representation, and no summary suspension is ordered under section 10-60.5, the license may be revoked; provided, however, the licensee may appear before the city manager, or his delegate, at the time fixed by the city manager, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. Notice shall set forth a summary of the grounds advanced as the basis of the revocation.

(b) Any organization whose license is revoked under this section shall not conduct any bingo games in the city until such time as the city council, on appeal, determines to overrule the decision of the city manager.

(Ord. No. NS-1314, § 9,9-20-76)

(a) Any holder of a license aggrieved by the decision of the chief of police or designee to revoke said license may appeal to as provided in chapter 3 of the Code.

(b) Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City of Santa Ana for a period of one (1) year from the date of said revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under the section of the Revenue and Taxation Code applicable to the eligible organization, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Ord. No. NS-1314, § 10, 9-20-76; Ord. No. NS-1396, § 6, 2-6-78; Ord. No. NS-2792, § 11, 8-17-09)

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

(Ord. No. NS-1314, § 11,9-20-76)

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. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games, proceeds shall be used only for charitable purposes, except (1) such proceeds may be used for prizes, and (2) a portion of such proceeds, not to exceed twenty (20) percent of the proceeds after the deduction for prizes, or one thousand dollars ($1,000.00) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel. Each licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this Code.

The City of Santa Ana, by and through its authorized officers, shall have the right to examine and audit such records, including records of any bank accounts, at any reasonable time, and licensee shall cooperate fully with the City of Santa Ana by making such records available and/or allowing inspection of same, including, but not limited to, execution of any consent documents required by law. Said records shall include, but are not limited to the following:

(a) Number of participants present at each session of bingo.

(b) Number of bingo cards sold in each price category, including any special cards.

(c) Amount of prizes awarded in each individual game.

(d) Total amount of receipts gained from admission fees and sale of cards.

(e) Total amount of prizes awarded at each session.

All records relating to the operation of a bingo game shall be kept on file and accessible to said officers of the city for a period of three (3) years.

(Ord. No. NS-1314, § 12, 9-20-76; Ord. No. NS-1396, § 7, 2-6-78; Ord. No. NS-1677, § 5, 5-2-83)

No person, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game.

(Ord. No. NS-1314, § 13, 9-20-76; Ord. No. NS-1396, § 8, 2-6-78)

A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the licensee shall operate such game or participate in the promotion, supervision or any other phase of such game. This section shall not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game.

(Ord. No. NS-1314, § 14, 9-20-76; Ord. No. NS-1677, § 6, 5-2-83)

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

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

(c) There shall be one (1) corresponding ball or object in the receptacle for each number and letter on all bingo cards utilized in the game.

(d) The equipment used in the playing of bingo and the method of play shall be such that each card has an equal opportunity to be a winner. The objects or balls to be drawn shall be essentially the same as to size, shape, weight, balance, and all other characteristics that may influence their selection. All objects or balls shall be present in the receptacle from which they will be drawn before each game is begun. A method of displaying the numbers called shall be utilized and shall be plainly visible to all players.

(e) The bingo caller and the receptacle from which the objects or balls are drawn shall be in the same room as the players. No more than one (1) room shall be used for any bingo game. All numbers announced shall be plainly and clearly audible to all the players present.

(f) All objects or balls to be drawn during a bingo game shall be prominently displayed for viewing by the players for fifteen (15) minutes and audited prior to the start of a bingo session and during all intermissions. Any player is entitled to a verification of all the numbers drawn at the time a winner is determined. Such verification shall be made in the immediate presence of the member of the licensee organization who is in charge of the game. If such member is also the caller, the verification shall be in the immediate presence of three (3) witnesses.

(Ord. No. NS-1314, § 15, 9-20-76; Ord. No. NS-1396, § 9, 2-6-78)

Attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the fire chief and director of planning and development services in accordance with applicable laws and regulations, including, but not limited to, occupancy capacity as limited by required parking for the particular property. Notwithstanding the occupancy capacity at any location, a licensee shall not permit more than five hundred (500) persons to participate in any bingo game.

(Ord. No. NS-1314, § 16, 9-20-76; Ord. No. NS-1396, § 10, 2-6-78; Ord. No. NS-1677, § 7, 5-2-83)

A licensee shall conduct a bingo game only on property donated to or owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this Code shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization upon application under this Code, when it again has property donated to it or owns or leases property used by it for an office, or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property donated to or owned or leased by the organization be used or leased exclusively by the organization; provided, however, that such property shall not be used for the conduct of bingo games by more than one (1) licensee.

(Ord. No. NS-1314, § 17, 9-20-76; Ord. No. NS-1396, § 11, 2-6-78; Ord. No. NS-1677, § 8, 5-2-83)

No person shall allow any person under the age of eighteen (18) years to participate in any bingo game, nor shall any person under the age of eighteen (18) years participate in any bingo game.

(Ord. No. NS-1314, § 18, 9-20-76; Ord. No. NS-1396, § 12,2-6-78)

(a) No person shall allow any person who is obviously intoxicated to participate in a bingo game.

(b) No person shall allow any person to consume any alcoholic beverage while participating in a bingo game.

(Ord. No. NS-1314, § 19, 9-20-76; Ord. No. NS-1396, § 13, 2-6-78)

(a) No licensee shall conduct bingo games, and no bingo games shall be conducted between the hours of 12:01 a.m. and 10:00 a.m. of any day.

(b) No licensee shall conduct more than one (1) bingo game at a time, and no bingo games shall be conducted at any location for a period of time greater than six (6) hours per day.

(c) No licensee shall conduct bingo games more often than one (1) day a week, unless the attendance at the bingo games conducted by such licensee is limited by the terms of the license to one hundred (100) persons or less. No licensee whose license so limits attendance at the bingo games conducted by, such licensee to one hundred (100) persons or less shall conduct bingo games more often than two (2) days a week.

(d) Notwithstanding the foregoing, the city manager, upon written application for good cause shown, may authorize any licensee to conduct bingo games for not more than up to twelve (12) additional days per year.

(Ord. No. NS-1314, § 20, 9-20-76; Ord. No. NS-1396, § 14, 2-6-78; Ord. No. NS-1677, § 9, 5-2-83)

(a) Each bingo manager as defined in section 10-61.11 of this Code shall wear on his or her outside clothing, in plain view, an identification badge measuring not less than two and one-half (2½) inches by three and one-half (3½) inches in size, specifying the full name and title of such person and the name of the licensee organization, stating that such person is a member of the licensee organization, and containing a photograph of such person.

(b) Any person participating in the operation, conduct or staffing of any bingo operation or game where the monthly gross exceeds five thousand dollars ($5,000.00) and the licensee organization is subject to a monthly fee pursuant to section 10-60.1.1(b) of the Code, shall wear on his or her outside clothing, in plain view, an identification badge measuring not less than two and one-half (2½) inches by three and one-half (3½) inches in size, specifying the full name and title of such person and the name of the licensee organization, stating that such person is a member of the licensee organization, and containing a photograph of such person.

(Ord. No. NS-1677, § 10, 5-2-83; Ord. No. NS-1766, § 1, 3-18-85)

Each applicant for a bingo license shall file with the application, a statement specifying the name and address of a person or persons who shall manage, supervise and be responsible for the conduct of all bingo games by said applicant. Said person or persons shall be known as the bingo manager, shall sign the statement accepting such responsibility, and one, such bingo manager shall be present on the premises at all times during which bingo games are conducted. With respect to bingo licenses issued prior to the effective date of adoption of this section, such licensees shall file the above statement within ten (10) days following the effective date of adoption of this section. In the event any other person is designated as the bingo manager by any licensee, such licensee shall immediately file a new statement containing all of the data specified in this section.

(Ord. No. NS-1677, § 11, 5-2-83)

(a) It is a misdemeanor for any person to receive or pay a profit, wage or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution and Section 326.5 of the Penal Code of the State of California. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games, as provided in this Code.

(b) A violation of subdivision (a) of this section shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the city as provided in Penal Code Section 326.5(c).

(Ord. No. NS-1314, § 22, 9-20-76; Ord. No. NS-1396, § 16, 2-6-78; Ord. No. NS-1677, § 12, 5-2-83)

The City of Santa Ana may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of the provisions of the Santa Ana Municipal Code relating to bingo games.

(Ord. No. NS-1314, § 23, 9-20-76)

No person shall operate any miniature golf course or golf driving course in the city between the hours of 12:00 midnight and 7:00 a.m. following.

(Code 1952, § 6390.3)

Editor's note— Section 2 of Ord. No. NS-1892, enacted April 6, 1987, provided for the repeal of § 10-70. Previously § 10-70 prohibited certain uses of barbed-wire and thorn-bearing hedges, and derived from § 4273 of the 1952 Code.

No owner, lessee or agent of any property on which there is a hedge along any street line or public sidewalk in the city, for ten (10) days after service of a written notice so to do by the director of public works, shall fail or neglect to trim said hedge and keep the same trimmed so that it shall not grow to such a height as to injuriously shade or otherwise injuriously affect any street or sidewalk and so that the outer edge of said hedge shall not extend over the inner edge of said sidewalk.

(Code 1952, § 4273.1)

No person shall request, attempt to influence, or solicit any police officer to withdraw, drop, dismiss, cancel or

discontinue any prosecution for violation of any statute of the state or any ordinance of the city against any person who has signed a promise in writing to appear in court upon a written notice to so appear, issued by a police officer of the city. This section shall not be deemed to apply to any person who has made such promise to appear, who may be discussing such prosecution with the officer issuing such notice or to any member of the State Bar, representing such person so promising, as an attorney at law.

(Code 1952, § 3806)

No person shall occupy any mobile home camp car or trailer outside of a mobile home park, trailer park or camp ground authorized and established in accordance with law. The word "occupied" and "occupy," as herein used, means sleeping in, cooking in or eating in any such camp car or trailer.

(Code 1952, § 5124)

No person shall loiter, sleep, lay down, or lodge on a public bench or bike rack.

(Ord. No. NS-3074, § 3, 1-21-25)

No person shall loiter, sleep, lay down, or lodge in a public restroom.

(Ord. No. NS-3074, § 3, 1-21-25)

(a) Public property. No person, after first being warned by a law enforcement officer, shall loiter, stand, sit or lie in or upon any public street, sidewalk, curb, crosswalk, walkway area or mall so as to hinder or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person block, obstruct or prevent the free access to the entrance of any building open to the public.

(b) Private property open to the public. No person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this section, shall loiter, stand, sit or lie in or upon any portion of private property utilized for public use, so as to hinder or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person block, obstruct or prevent the free access to the entrance of any building open to the public.

(c) Signs posted as provided in subsection (b) of this section shall conform to the following requirements:

(1) Each sign shall not be less than twenty-two (22) inches by thirty (30) inches;

(2) Sign colors and materials shall contribute to the sign's legibility, and sign materials shall be compatible with and complement the overall design of the private property;

(3) All signs shall be clearly visible to persons in restricted locations;

(4) Signs shall have the word "WARNING" not less than two (2) inches in height, and all other lettering shall be at least five-eighths (⅝) inches in height;

(5) Signs shall be posted every one hundred (100) feet; and

(6) The following wording shall appear on each sign:

"WARNING"

"Unreasonable obstruction of pedestrian traffic in this area by persons loitering, standing, sitting, or lying is prohibited and punishable as a misdemeanor."

"SAMC Section 10-96"

(d) Signage requirement for commercial centers. Every commercial center shall have signs posted at each entrance and exit on the property providing the name and 24-hour contact phone number of a representative of the property management company for the center, or if no property management company, then the name and 24-hour contact phone number of the property owner or the person responsible for the maintenance of the property, to whom the City and the members of the public can provide notice of any operational or maintenance-related problems associated with the premises. Each commercial center owner shall make reasonable and good faith efforts to encourage the public to call this representative to resolve any operational or maintenance-related problems before any calls or complaints are made to the City or law enforcement regarding the same. It shall be unlawful for any responsible person, as defined in section 1-21.1(a) of this Code, or any other person having responsibility over the operation of a commercial center to fail to comply with the requirements of this subsection (d).

(e) Commercial center, as used in this section, is a commercial or industrial complex containing a variety of one (1) or more retail stores, restaurants, and other businesses providing goods and/or services to the public, housed in a series of connected and/or adjacent buildings and structures within an integrated campus that shares common areas and parking facilities, and which fronts onto one (1) or more roadways.

(f) Signs posted as provided in subsection (d) of this section shall conform to the following requirements:

(1) Each sign shall not be less than eighteen (18) inches × twenty-four (24) inches;

(2) Sign colors and materials shall contribute to the sign's legibility, and sign materials shall be compatible with and complement the overall design of the commercial center;

(3) Signs shall be of a font that is legible from a distance of forty-five (45) feet; and

(4) The following wording shall appear on each sign:

"This property is managed by (name). To report any problems or concerns regarding this property, call (name and 24-hour contact phone number.)"

"SAMC Section 10-96"

(Ord. No. NS-1603, § 1, 10-26-81; Ord. No. NS-3025, § 2, 8-2-22)

No person, for the purpose of advertising any store or sale of merchandise, shall invite, advertise for, or cause to collect or gather by any means whatsoever, any persons to be present at or conduct, manage or superintend any proceedings, drawings, raffle, gift, enterprise, free lottery or entertainment for the interest, benefit or advantage of or to satisfy the curiosity of others, and especially any person who stands, sits or loiters in or upon any public highway at or near the place where such proceedings, drawings, raffle, gift, enterprise, free lottery or entertainment is being conducted, so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same or so as in any manner to annoy or molest or interfere with persons passing along the same.

(Code 1952, § 3804)

No person shall loiter, stand, lie, sleep, sit or in any manner obstruct public or private access, by ingress or egress, in or at the entrance of any public or private building so as in any manner to obstruct such ingress or egress access.

(Code 1952, § 3803; Ord. No. NS-3074, § 3, 1-21-25)

State Law reference— For similar provisions and authority of city to regulate, see § 647c, Pen. Code.

It is unlawful for any person to loiter in any public place or on private property readily accessible to the public for the purpose of engaging in any conduct prohibited by chapters 6 and 6.5 of division 10 of the California Health and Safety Code.

(Ord. No. NS-2257, § 1, 7-17-95)

(a) No person shall obstruct public or private access by sitting, lying, or sleeping on public property or by storing, using or maintaining, or placing personal property in any public right-of-way, including the following:

(1) In a manner that obstructs or impedes passage, as provided by the American with Disabilities Act;

(2) On or within twenty (20) feet of any operational or utilizable driveway, ramp, or loading dock;

(3) On or within twenty (20) feet of any fire hydrant, fire plug or other connection used by the Fire Department;

(4) Within twenty (20) feet of the entrance to a public restroom, park, public trail or public path;

(5) Within fifty (50) feet of an operational and utilizable entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited;

(6) Within twenty (20) feet of an automatic teller machine or any door that provides access to the automatic teller machine;

(7) Within twenty (20) feet of an electric vehicle charging station, parking pay station or parking meter;

(8) Within ten (10) feet of a sidewalk ramp, or the corner where any street, roadway, highway, or alley intersect;

(9) In a manner that unreasonably interferes with the use of the public right-of-way by motor vehicles, pedestrians or bicycles; or

(10) Within two hundred (200) feet of a college, school or day care center.

(b) Except as excluded under paragraph (c) of this Section, any object, material or substance which hinders or prevents the free passage of the public on that part of the public right-of-way where it is located shall constitute an obstruction for purposes of this Section.

(c) The following shall not constitute an obstruction for purposes of this Section:

(1) Legally parked vehicles;

(2) Trash and refuse placed for collection by the municipal collection service;

(3) Objects placed for a period not exceeding one (1) hour for purposes of loading or unloading, provided such activity is not part of a regular course of conduct;

(4) Temporary drainage of water, provided that public passage and access to abutting property remains open and no hazard to health or safety is created;

(5) Minor encroachment of buildings and such appurtenances to buildings as are not readily capable of removal;

(6) Any legally located bus passenger bench or shelter or material located in accordance with any municipal permit or authorization or with any requirement or regulation of any state or federal agency or with any requirement of law.

(d) Nothing in this Section shall be construed to in any way limit any other rights or remedies to which the city may be entitled to abate any obstruction or encroachment in the public right-of-way.

(e) It shall not be a violation of this Section for a person to sit for purposes of viewing a legally conducted parade or similar lawful or permitted event.

(Ord. No. NS-1331, § 1, 11-23-76; Ord. No. NS-3074, § 3, 1-21-25)

(a) Any person who violates Sections 10-94 to 10-100 of this Article may be charged with an infraction or a misdemeanor at the discretion of the citing officer.

(b) In addition to any other remedy allowed by law, any person who violates a provision of this Article is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Section 1-8 of the Santa Ana Municipal Code.

(c) All remedies prescribed under this Article are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce Sections 10-94 through 10-100 of this Article.

(d) A public nuisance may be abated pursuant to this Article if it must be abated immediately in order to avoid an imminent detriment, to the public health, safety, or welfare.

(Ord. No. NS-3074, § 3, 1-21-25)

(a) It is unlawful for any person to engage in picketing before of about the residence or dwelling of any individual, where such picketing is focused on that particular residence or dwelling.

(b) In enacting this section, the city council finds and determines as follows:

(1) The protection of the well-being, tranquility and privacy of the home is a significant government interest.

(2) Picketers who focus upon a particular residence or dwelling generally do not seek to disseminate a message to the general public but to intrude upon the targeted resident and to do so in an especially offensive way.

(3) Such picketers inherently and offensively intrude on residential privacy.

(4) The purpose of this section is to protect and preserve the home through assurance that members of the community enjoy in their homes and dwellings a feeling of well-being, tranquility and privacy.

(Ord. No. NS-2024, § 1, 8-7-89)

(a) No proprietor, manager or other person in charge of any building or place where transients are accommodated shall register, rent or assign any room, space or place for joint occupancy by persons of the opposite sex, unless such persons shall be registered as husband and wife or as parent and minor child or adult and related minor child with the exact relationship shown.

(b) No proprietor, manager or other person in charge of any hotel, motel, lodging house, rooming house, trailer or other place where transients are accommodated for sleeping or lodging purposes shall rent or let any room or trailer more than once to the same person between the hours of 6:00 p.m. and 6:00 a.m. of the next day.

(c) No proprietor, manager or other person in charge of any hotel, motel, lodging house, rooming house, trailer or other place where transients are accommodated for sleeping or lodging purposes shall rent or assign any room, space or place to any person without first requiring such person to sign a register kept for such purpose, and if more than one (1) person is to occupy any room or space, the name of each shall be shown on said register.

(d) No proprietor, manager or other person in charge of any hotel, motel, lodging house, rooming house, trailer or other place where transients are accommodated for sleeping or lodging purposes shall knowingly rent, let or assign any room, space or place to any person for the purpose of prostitution.

(Code 1952, § 4232; Ord. No. NS-456, § 1, 7-5-60)

State Law reference— For offense of keeping disorderly house, see § 316, Pen. Code.

No person shall shoot or discharge an instrument known as a slingshot within the city.

(Code 1952, § 4275.1)

No person shall store, place or maintain in the city, except on property zoned for industrial purposes, any new or used lumber, building material, brick, terra cotta tile, concrete pipe, building blocks, lime, cement, plaster of paris or other building material, scrap iron, junk, or used scaffolding, concrete form lumber or material, concrete mixing or construction equipment, dismantled automobiles or auto-wrecking or used parts. The violation of this section shall constitute the creating of a nuisance. This section shall not be applicable when said personal property shall be entirely confined in a building, enclosed with a roof and on all sides, and a license for the conduct of the business of dealing in such property shall have been granted for such location.

(Code 1952, § 4276.4)

Editor's note— Ord. No. NS-2414, § 3, adopted Dec. 20, 1999 repealed in their entirety the provisions of §§ 10-141—10-143 which pertained to damaging trees, dumping harmful substances on trees and building materials near trees and shrubs and derived from Ord. No. NS-1465, §§ 2—4, adopted Dec. 4, 1978. Ord. No. NS-2414, adopted similar legislation regarding trees and added such to this Code as §§ 33-191—33-193.

No person shall throw stones or other substances in a manner likely to produce injury to persons or damage to property.

(Code 1952, § 4275)

(a) No person, except in self defense, shall discharge, or cause or allow the discharge of any rifle, shotgun, pistol, revolver, or any other firearm, or any airgun, gas gun, or any other weapon which emits a projectile as a result of pressure at the breech, unless said person has first obtained permission in writing from the chief of police, and then only in compliance with all the conditions contained in said permission. This section does not apply to any peace officer in the discharge of his duty.

(b) A weapon of any nature used in violation of section 10-149(a) is, upon a conviction of the defendant, a nuisance.

(c) Upon conviction of defendant any weapon described in subdivision (a) or (b) shall be surrendered to the chief of police of the City of Santa Ana. The chief of police to whom the weapons are surrendered, except upon the certificate of a judge of a court of record, or of the city attorney of Santa Ana that the retention thereof is necessary or proper to the ends of justice, may annually, between the first and tenth days of July, in each year, offer the weapons, which the officers in charge of them consider to have value with respect to sporting, recreational or collection purposes, for sale at public auction to persons licensed under federal law to engage in business involving any weapon purchased. If any weapon has been stolen and is thereafter recovered from the thief or his transferee, or is used in such a manner as to constitute a nuisance pursuant to subdivision (a) or (b) without the prior knowledge of its lawful owner that it would be so used, it shall not be so offered for sale but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon identification of the weapon and proof of ownership.

(d) If, under this section, a weapon is not of the type that can be sold to the public, generally, or is not sold pursuant to subdivision (c), the weapon shall, between the first and tenth days of July, next succeeding, be destroyed so that it can no longer be used as such weapon.

(e) This section shall not apply to any firearm in the possession of the department of fish and game or which was used in the violation of any provision of law, or regulation thereunder, in the Fish and Game Code.

(f) No stolen weapon shall be sold or destroyed pursuant to subdivision (c) or (d) unless reasonable notice is given to its lawful owner, if his identity and address can be reasonably ascertained.

(Ord. No. NS-1011, § 1, 5-4-70; Ord. No. NS-1584, § 1, 5-18-81)

(a) Any newspaper or similar publication which displays material which is harmful to minors, as defined in Section 313 of the Penal Code of the State of California, in a public place, other than a public place from which minors are excluded, shall have the placement of devices commonly known as blinder racks in front of the material so that the lower two-thirds (⅔) of the material is not exposed to view.

(b) Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists in an offer of sale of any newspaper or similar publication in violation of this section.

(c) Any newspaper or similar publication offered for sale in violation of this section constitutes a public nuisance.

(Ord. No. NS-1175, § 1, 7-2-73; Ord. No. NS-2061, § 1, 6-4-90)

No person owning or operating fuel pumps for the purpose of selling gasoline or diesel fuel to the general public, whether at a service station or in conjunction with any other use, shall sell gasoline or diesel fuel unless signs are posted on the premises, indicating the price (inclusive of tax) of each grade of gasoline or diesel fuel sold, in such conspicuous places as are visible to substantially all vehicular traffic on the adjacent street or streets. No person shall sell gasoline or diesel fuel except in accordance with the prices posted on such signs.

(Ord. No. NS-1524, § 1, 5-5-80)

(a) No person shall willfully or maliciously tease, harass, agitate, provoke, beat, strike, kick, disable, injure, kill, administer or disperse any desensitizing drug, chemical or substance, or in any way interfere or meddle with, any police animal.

(b) As used in this section, "police animal" means any dog, horse or any other animal utilized by the police department or any officer or employee thereof, in the performance of any function or duty of said department, officer or employee.

(Ord. No. NS-1625, § 1, 4-5-82; Ord. No. NS-2943, § 2, 4-17-18)

Editor's note— Ord. No. NS-2943, § 2, adopted April 17, 2018, amended § 10-152 to read as set out herein. Previously § 10-152 was titled "Police canines."

(a) It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound-making or sound-amplifying device in his/her possession or under his/her control:

(1) Upon any private property; or

(2) Upon any public street, alley, sidewalk or thoroughfare; or

(3) In or upon any public park or other public place or property except upon any school district property.

(b) 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, such that it can be heard fifty (50) feet from the location where the electrical, mechanical or other device is amplifying the sound.

(c) The word "person" as used herein means any of the following:

(1) The owner(s) of record of the real property and/or location where the party, gathering or event takes place.

(2) The person(s) in charge or purportedly in charge of the real property and/or location where the event takes place.

(3) The person(s) authorizing the use of the real property and/or location for the event except when a permit has been issued by the city.

(4) The person(s) who organized the event.

(5) The person(s) who is operating the electrical, mechanical or other device amplifying the sound in the manner described in subparagraph (b) above.

(6) If the person in charge of the premises from which the loud or raucous noise originates is a minor, who resides with one (1) or more parents or legal guardian(s), then the parent(s) or legal guardian(s) shall be deemed "person" within the meaning of this section.

(d) The word "subsequent" means any and all occasions within a calendar year (January 1—December 31), when one (1) or more police officers are dispatched to the scene of a party, gathering, or similar event from which loud and raucous noise originates at the same location.

(e) The word "location" means the physical address, APN, parcel of land, and/or structures thereon regardless of the number of units on the property.

(f) Any officer may issue an administrative citation to a person pursuant to this chapter and SAMC 1-21. Each administrative citation shall contain the following information:

(1) The name of the person charged with any violation of the Code.

(2) The date(s) on which the person violated the Code.

(3) The section(s) of the Code so violated.

(4) The location where the violation occurred.

(5) A notice that each violation of the Code also constitutes a nuisance and that nuisance abatement costs may be enforced as an assessment or lien against the real property and/or location where the Code violation occurred.

(6) A statement indicating that any person receiving a notice of violation may file an appeal pursuant to Chapter 1 (Section 21.8) within fifteen (15) days from the issuance of the citation.

The absence of any of the above information in the notice of violation form shall not invalidate the city's process or issuance of the notice of violation.

(g) The city shall have the authority to impose an administrative fine for violations of this section following the issuance of an administrative citation as authorized in subdivision (f) above. The city is authorized to collect the amount of the fine specified below in addition to any other amount to which the city may be entitled under the law. The fines shall be in the following amounts and shall be due to the city within thirty (30) days of the date of the issuance of the citation as follows:

(1) 1st response .....No fine

(2) 2 nd subsequent response .....$100.00

(3) 3 rd subsequent response .....250.00

(4) 4 th subsequent response .....500.00

(5) 5 th subsequent response .....750.00

(6) 6 th subsequent response or thereafter .....1,000.00

(h) Collection of unpaid fines. At its discretion, the city may pursue any and all legal and equitable remedies to collect unpaid fines imposed pursuant to this chapter. Pursuit of one (1) remedy does not preclude the pursuit of any other remedy. It is intended that persons, maintaining, and/or permitting the violation, and not the taxpayers, bear the financial burden of the city's enforcement activity.

(i) Cumulative remedies. The remedies provided under this chapter are cumulative, and shall not restrict the city's ability to pursue any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty, nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or prohibit any conduct authorized by the state or federal constitutions.

(Ord. No. NS-2184, § 1, 2-1-93; Ord. No. NS-2964, § 2, 4-2-2019)