Sierra Madre Municipal Code Ch. 9.16 Offenses Against Public Decency

Except as permitted by the bingo regulations commencing at Chapter 5.24 it is unlawful in the city for any person, firm, corporation or association, either as owner, lessee, manager, employee, agent or servant to conduct, manage, carry on, maintain, operate, open, deal or deal in or to cause or permit to be conducted, managed, carried on, maintained, operated, opened, dealt or dealt in, any game, operation or transaction wherein any prize, gift, rebate, compensation, reward, award, payment or gratuity, consisting of any money, check, token, credit, goods, wares, merchandise, property or thing of value, is or is to be given, awarded or delivered, either directly or indirectly, and wherein chance is a determining factor or is any determining factor of the result of such game, operation or transaction, which game, operation or transaction is conducted, carried on or maintained, operated or played by the throwing, tossing, dropping, depositing or placing of any ball, marker, object, thing or substance into any perforation, hole or indentation in or upon any surface, receptacle, container, object or thing having marked, designated or identified thereon by or with any figure, number, character, symbol, letter, design or mark of any kind, or by the selecting, designating, turning, indicating, choosing or projecting of any such figure, number, character, symbol, letter design or mark of any device, apparatus or equipment, or by any means or in any manner, or by the drawing, selecting, choosing or removing from any receptacle or container of any ball, disk, object, substance or material marked, designated or identified by or with any figure, number, character, symbol, letter, design or mark hereinabove referred to, corresponding to, duplicating, referring to or relating to, in whole or in part, directly or indirectly, any figure, number, character, symbol, letter, design or mark upon any card, paper, board, fabric, surface, object, substance or thing, held, used, operated or maintained by any player or participant therein or by any person where, by any predetermined or prearranged, or by any rule, method, scheme, design or procedure any person is found, declared or determined to be, or is to be, the winner, donee, recipient or taker of such prize, gift, rebate, compensation, reward, award, payment or gratuity, in the event that any such player or participant pays, deposits, expends, gives or pledges, either directly or indirectly or agrees, promises or intends to pay, deposit, expend, give or pledge, either directly or indirectly, any money, check credit, property or thing of value or makes or agrees to make any purchase for the privilege of playing or participating therein or of gaining admission to the place or premises where such game, operation or transaction is or is to be played, conducted, carried on, maintained or operated, or to any place or premises.

(Ord. 955 § 1, 1977: prior code § 5000)

No provision of this chapter shall be deemed or construed as prohibiting any act made unlawful by the provisions of Section 320, or of Section 330 of the Penal Code, or of any other code section or general law of the state of California, it being the intent of the city council to prohibit by this chapter all games, operations or transactions herein described, not prohibited by the provisions of any general law of this state, including all games, operations or transactions for profit commonly known as Keno, Tango, Movie Tango, Bingo, Bean Sill Ball, Fortune, Quintain, Fascination or Inspiration, and all games, operations or transaction similar thereto under whatever name they may be designated.

(Ord. 995 § 2, 1977: prior code § 5001)

It is unlawful in the city for any person to participate in play, play in or engage in, either directly or indirectly, any game operation or transaction prohibited by the provisions of Sections 9.16.010 and 9.16.020.

(Prior code § 5002)

It is unlawful for any person, firm, corporation or association, owning, leasing, managing, controlling or having any interest in any property or premises lying within the city to cause or permit the maintenance or operation in or on such property or premises, having knowledge, or after reasonable notice, of the existence thereof, of any game, operation or transaction declared by the provisions of Sections 9.16.010 and 9.16.020 to be unlawful.

(Prior code § 5003)

It is unlawful for any person to deal, play, carry on, open or conduct any game of chance played with cards, dice or any other device, for money, checks, credit or thing of value; and no person shall bet at any of such prohibited games. There shall be excepted from the effect of this section, but not from the effects of Penal Code Section 330 or any other state proscription, occasional private games played exclusively for social purposes in a private home; provided such games are not conducted with any aspect or manifestation of commercialism, and with respect to which there is no promoter, house charge, advertising, promotion or participation by the public.

(Ord. 1084 § 1 (part), 1992: prior code § 5004)

No person, either as principal agent, employee or otherwise shall let or lease any telegraph or telephone line or wire knowing that it is to be used for the purpose of conducting or carrying on a pool room, or for the purpose of conducting the business of making books or selling pools on races or other contests, or of betting or laying of wagers upon the result of any race or contest. And no person shall transmit any message over any telephone or telegraph line or wire owned, controlled or leased by any person engaged in conducting or carrying on a pool room or in conducting the business of making books or selling pools on races or other contests, or of betting or laying of wagers upon the result of any race or contest, knowing that such message is to be used in conducting or carrying on such pool room or business.

(Ord. 1084 § 1 (part), 1992: prior code § 5005)

For the purposes of this chapter, a "pool room" is defined to be a room or place where betting or laying of wagers upon the result of races or contests is carried on as a business.

(Ord. 1084 § 1 (part), 1992: prior code § 5006)

A person shall not:

A. Deal, play, carry on or conduct:

1. Any game where players bet or wager money, checks, credits or other things of value against each other, or

2. Any game of chance for money, checks, credits or other things of value;

B. Bet or wager at or on any such game;

C. Permit any game prohibited by subsections A or B of this section to be played, conducted or dealt in any house or other premises owned by, rented by or in lawful possession of such person.

Provided, however, that no provision of this section shall be deemed or construed as prohibiting any act made unlawful by the provisions of Section 320, or of Section 330, or of Section 337a of the Penal Code, or of any other code section or general law of the state of California, it being the intent of the city council to prohibit by this section all gambling herein described, not otherwise prohibited by the provisions of any law of this state.

(Ord. 1089 § 1, 1992: Ord. 1084 § 1 (part), 1992: prior code § 5007)

A. It is unlawful for any person to carry on, practice or profess to practice in the city the business, art or occupation of astrology, palmistry, phrenology, life reading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, magic, necromancy or numerology.

B. It is likewise unlawful for any person to sell or give away any book, paper, chart or writing being or professing to be a horoscope, augury or any other device or thing for telling or professing to foretell the future of any person; provided, however, that it shall not be unlawful under this section for any person to use any of the things or devices herein named for purely entertainment purposes or design or in connection with any social enterprise conducted under the auspices of a responsible civic or charitable organization, or to dispose of any of the things or devices herein named to any dealer in such things or devices who shall at the time of such transaction be engaged in the regular conduct of a place of business for the buying of such things or devices.

C. This section shall not be construed to include, prohibit or interfere with the exercise of any religious or spiritual function of any priest, minister, rector or an accredited representative of any bona fide church or religion where such priest, minister, rector or accredited representative holds a certificate of credit, commission or ordination under the ecclesiastical laws of a religious corporation incorporated under the laws of any state or territory of the United States of America or any voluntary religious association, and who fully conforms to the rates and practices prescribed by the supreme conference, convocation, convention, assembly, association or synod of the system or faith with which they are affiliated; provided, however, that 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.

(Ord. 1084 § 1 (part), 1992: prior code § 5029)

A person shall not drink any alcoholic beverage, or any beverage containing alcohol, on any public street, alley, sidewalk, park, parking lot or other public way or place, except as provided as follows:

A. During any city or civic sponsored event specifically authorized by the city council; and

B. In conjunction with an outside dining and/or food service activity as a part of a restaurant and/or cafe use pursuant to the provisions of Section 12.12.030D and with an approved conditional use permit pursuant to the provisions of Chapter 17.60 of this title.

(Ord. 1141 § 1, 1997: Ord. 1046 § 1, 1988: prior code § 5030)

A. Applicability. This section shall not apply to urination or defecation in or into the toilet, urinal or other receptacle in any restroom or other facility designed for the sanitary disposal of human waste.

B. Prohibited. No person shall urinate or defecate in or upon any street, sidewalk, alley, plaza, park, public building or publicly maintained facility, or in any place open to the public or exposed to public view.

C. Violation—Penalty. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding one thousand dollars or imprisoned in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

(Ord. No. 1289, § 1, 3-10-09)