Temple City Municipal Code Ch. 8 Miscellaneous

As used in this chapter the following terms shall be defined as set forth herein:

HANDBILL: Any handbill, dodger, commercial advertising, circular, folder, booklet, letter, card, pamphlet, sheet, poster, sticker, banner, notice or other written, printed or printed matter calculated to attract attention of the public.

TIP SHEET: Any written or printed form, chart, table, list sheet, circular or publication of any kind, giving or purporting to give, or represented as giving, any list, or probable or possible list of one or more entries for any race or other contest thereafter anywhere to take place, if there be written or printed or published as part thereof, or in connection therewith, or in any other publication, printing or writing accompanying the same or referring thereto or connected therewith, any tip, information, prediction, or selection of, or advise to, or any key, cipher, or cryptogram indicating, containing or giving any tip, information, publication or selection of, or advice, as to the winner or probable winner, or a loser or probable loser, or the result or probable result of any such race or other contest or the standing of probable standing of any horse or other contestant therein, or any statement as to, or comment upon, or reference to, the form, condition or standing of any horse or other contestant, or the actual, probable or possible result of any race or contest, or the actual, probable or possible state, past, present or future, of the betting wagering or odds upon or against any horse or other contestant named in such list or probable or possible list, of entries. (1960 Code)

No person shall distribute, scatter, hand out or circulate any commercial or noncommercial handbill, circular, tract or leaflet in any place or under any circumstances which does not have printed on the cover, front or back thereof, the name and address of:

A. The person who caused the same to be printed, written, compiled or manufactured.

B. The person who caused the same to be distributed.

C. In the event the person who caused the same to be printed, written, compiled or manufactured, or distributed is a fictitious person or club, there shall appear on said handbill, circular, tract or leaflet, in addition to such fictitious name, the true name of the owner, manager or agent of the person sponsoring said handbill. (1960 Code)

No person shall post, hand out or distribute any commercial or noncommercial handbill, circular, tract or leaflet which reasonably shall tend to incite riot or other public disorder or which advocates disloyalty to, or the overthrow of the government of the United States by force and arms or other unlawful means, or which urges any unlawful conduct or encourages or reasonably tends to encourage a breach of the public peace of the community. (1960 Code)

A person shall not, upon any street, sidewalk, highway or parkway, cast, throw or deposit, sell or distribute among pedestrians or to persons in vehicles, any tip sheet or any commercial advertising handbill, or any handbill distributed for the purpose of advertising any merchandise, commodity, property, business, service, art or skill, offered, sold or rendered for hire, reward price, trade or profit. (1960 Code)

This section shall not be deemed or construed to prohibit or restrict the distribution of written or printed matter devoted to the expression of views, opinions, beliefs or contentions relating to religious, political or sociological subjects, or to public or civic affairs, or to labor disputes or other controversies, or to community, state, regional, national, or international affairs or which treat of any social or economic order, or which relate to the arts or sciences; or which are aimed to redress any grievance, or which otherwise are not distributed for the purpose of soliciting business, trade or custom; nor shall the terms hereof be deemed to include the printed notice of an event which is not arranged for profit or to stimulate the business, trade or traffic of the person who causes the dissemination of the notice, even though a monetary contribution or an admission fee be requested or accepted in connection with such event. (1960 Code)

The city council hereby finds and determines that the casting, throwing, depositing, selling or distributing among pedestrians or to persons in vehicles, any such tip sheet or any such handbill, tends to impede the ordinary and lawful use of the public highways to a far greater extent than does the vending, peddling or hawking of newspapers, magazine, periodicals or other printed matter and that the publications described in this section are not commonly sold or disposed of by newsboys or news vendors. (1960 Code)

No person shall keep a riotous or disorderly house, or permit any riotous or disorderly conduct in his house, yard or premises connected with his house, or be guilty of any riotous or disorderly conduct in any house, yard or premises, whereby the peace, quiet or decency of the neighborhood of such house or of any person may be disturbed. (1960 Code)

Every person who digs, drills, excavates, constructs, owns or controls any abandoned water well or abandoned oil well, and every person owning or having possession of any premises on which any such abandoned well exists, shall cap or otherwise close the mouth of or entrance to such well in such manner as to prevent persons from falling therein and in such a manner that such capping or covering cannot be removed by accident or inadvertence or such persons shall fill such a well. (1960 Code)

Whenever any person fails or refuses to perform any act required by this chapter the city may itself cap, cover or fill such well. It is not necessary to follow the provisions of this section as condition precedent to any criminal prosecution. (1960 Code)

AGENT: Every person who acts as an agent for any other person, assists or procures customers for another person for the purpose of engaging in anything which is defined herein as "fortune telling", or who receives any fee, reward or donation for such procuring.

CITY COUNCIL: The city council of the city of Temple City.

FOR PAY: For a fee, reward, donation, loan or receipt of anything of value.

FORTUNE TELLING: Every person who engages in, practices or professes to practice, or acts as an agent for, the business or art of astrology, phrenology, life reading, mesmerism, fortune telling, cartomancy, clairvoyance, clairaudience, crystal gazing, spirit photography, spirit writing, spirit voices, spirit psychometry, seership, prophecy, augury, palmistry, materialization, etherealization, numerology, physiognomy, necromancy, clairsentience, dreams, apportism, extoplasm, levitation, mediumship, seance, soothsaying, psychic healing, divination by magic, radiesthesia, or any other similar art or business or craft.

"Fortune telling" shall further mean (in the alternative) every person who, by means of occult or psychic powers, faculties or forces, spirits, cards, talismans, charms, potions, magnetism or magnetized articles or substances, animal sacrifice or by using parts of animals or human beings, effigies, or any craft art described in this chapter, or similar art or craft which may be known by another name or title in any other language, which purports to or does tell fortunes, life readings, find or restore lost or stolen property, located oil wells, gold or silver, or other ore or metal, restore lost love or affection, unite loved ones, wives, husbands, children, lost relatives or friends, procure lovers, wives or husbands, diagnosis of disease or injury, casts spells, cause sickness or injury, advises of the past, present or future, or by such means gives counseling or advice whatsoever, and who demands, solicits or receives directly or indirectly a fee or reward or who accepts any donation therefor. (1960 Code)

A. No person shall conduct, engage in, carry on, participate in or practice (or act as an agent for) fortune telling or cause the same to be done for pay without having first obtained a permit from the city council.

B. No person shall violate any of the terms and conditions of a permit issued pursuant to this section, nor any of the regulations and provisions within this section. Each day such violation or violations occur shall constitute a separate offense. (1960 Code)

Every natural person who, for pay, actively conducts, engages in, carries on, or practices fortune telling, whether as principal or agent, shall file a separate verified application for a permit with the city clerk. The application shall contain:

A. The name, home and business address, and home and business phone number of the applicant.

B. The record of conviction for violations of law, excluding minor traffic violations.

C. The fingerprints of the applicant on a form provided by the Los Angeles County sheriff's department.

D. The address, city and state, and the approximate dates, if any, where and when the applicant practiced a similar business, either alone or in conjunction with others.

E. Nonrefundable permit fee. (1960 Code; amd. Ord. 97-805)

Upon filing of the application, it shall be referred by the city clerk to the sheriff's department for investigation, report and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the city council within fourteen (14) days after the filing of the application, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth. At the time of the filing of the report and recommendation with the city council, a copy thereof shall be served personally or by certified mail by the city clerk on the applicant, accompanied by a notice to the applicant who may request to be heard when the city council considers the application and report. (1960 Code)

A. The city council shall consider the application and the report and recommendation at a hearing held at a regularly scheduled meeting on or before the seventh day after filing of the report and recommendation referred to in section 4-8-10-4 of this chapter.

B. Notice of time and place of the hearing shall be given to all parties by the city clerk at least three (3) days prior to the hearing.

C. Any interested party shall be heard upon a reasonable request.

D. City shall have the burden of proof to show the permit should be denied; otherwise, it will be granted.

E. The decision of the city council to grant or deny the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented.

F. Unless the applicant agrees in writing to an extension of time, the city council shall make its order denying or granting the application within fifteen (15) days after completion of the hearing on the application for a permit and shall notify the applicant of its action by personal service or certified mail.

G. Any member of the city council who is absent from the hearing or has not read or heard the record of the proceedings shall not vote on the decision. (1960 Code)

A. The city council shall approve the issuance of the permit if they find:

1. All the information contained in the application and supporting data is true.

2. The applicant has not, within the previous six (6) months, been convicted of any violation of this section or any law relating to fraud or moral turpitude.

3. The applicant appeared in person at the hearing.

4. The applicant agrees to abide by and comply with all conditions of the permit and this section.

B. The city council shall deny the permit only if it cannot make each of the findings set forth above.

C. If the city council approves the permit, the city clerk shall thereafter issue the permit when the fee required by this section has been paid.

D. The term of the permit shall not exceed one year. The city council, at its discretion, may grant a permit for a period of less than one year, and may impose such reasonable conditions upon the granting of such permit as, in the discretion of the city council, based upon the evidence presented in connection with the application for the permit, are necessary for the protection of the public health, safety and welfare. A renewal application shall be filed no later than thirty (30) days prior to the expiration of the permit and shall be processed in the same manner as a new application. Should the information on the renewal application not vary from the initial application; the sheriff's investigation indicate that the same is true and the city clerk verifies that no complaints have been filed against the previous permit; the requirement for a hearing before the city council for a renewal permit may be waived and the city manager may grant approval. (1960 Code; amd. Ord. 97-805)

A. Religion: This section does not apply to, and it shall not be construed to interfere with the belief, practices or usage of an incorporated ecclesiastical governing body or the duly licensed teacher or minister, priest, rector or an accredited representative who holds a certificate of credit, commission, or ordination under the ecclesiastical laws of a religious corporation which is incorporated under the laws of the state of California, or any voluntary religious association, and who fully conforms to the rites and practices prescribed by the supreme conference, convocation, convention, assembly, association or synod of the system or faith with which they are affiliated, thereof acting in good faith and without personal fee, reward, donation or the solicited or unsolicited promise of any fee, reward or donation. Any church or religious association or organization which is organized for the primary purpose of conferring certificates of commission, credit or ordination for price, fee, donation or reward, 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.

1. Except as provided in subsection A3 of this section, the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as defined in this section.

2. The minister holding a certificate or ordination from such bona fide church or religious association, as defined in this section, shall file with the city clerk a copy of the minister's name, age, street address and phone number in this city where the activity set forth in this section is to be conducted.

3. Such bona fide church or religious association, as defined in this section, may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.

B. Education: This section does not apply to, nor shall be construed to interfere with the functions, research, instruction, practice, therapy, treatment, diagnosis, healing art or science, make prognosis, predictions or foretelling the results of injury, disease, condition, state, status, future consequences of possible actions of behavior, in both mental and physical aspects of any animal or human activity, or in any area of science, medicine, psychology, psychiatry or investigation which is duly certified and/or licensed by the state of California, or permitted by funding by federal, state, county, local, foundation or educational grants, or with any international organization with which the United States maintains diplomatic relations.

Nor shall this section apply to any student who is enrolled in an approved educational institution when the course of study includes anything which is defined herein; nor shall it apply to any student, intern or person who is under the direct or indirect supervision of any individual who is acting within the purview of his or her license or certification. (1960 Code)

The fees applied to fortune telling for a business license and permit shall be set and/or modified by resolution of the city council. (1960 Code; amd. Ord. 91-703)

All fortune telling shall be conducted only at sites authorized by the Temple City zoning code, and shall be conducted in strict accordance with applicable sign regulations. (1960 Code; amd. Ord. 95-774)

No person shall solicit in any manner for any purpose in any city building. (1960 Code)

Any person, firm or corporation, who owns or has the care or management of any real property and wilfully permits any part of the property to become so unsightly as to detract from the appearance of the immediate neighborhood and who fails to remedy the condition within thirty (30) days from being ordered to do so by the city council is guilty of a misdemeanor. (1960 Code)

No person shall paint, post, attach or affix any handbill, dodger, notice, sign or advertisement upon or to any bridge, fence, building or other property belonging to the city, or any tree situated in any street of said city, and no person shall deface, mar or disfigure any bridge, fence, building or structure belong to said city, or any tree situated in any city street of said city, by painting, cutting, scratching or breaking the same or attaching or affixing anything thereto. (1960 Code)

No person shall erect, construct, place or maintain any signboard, billboard, sign or advertisement in or on any city street of the city of Temple City. (1960 Code)

Nothing in sections 4-8-18 and 4-8-19 of this chapter shall be construed to prohibit the erection or the placing in any city street of mileposts, mile boards, guide boards or guideposts, or the painting, pasting, attaching or affixing of warning signs, notices or signboards upon bridges, fences, buildings or other structures belonging to the city of Temple City, under authority of the city council thereof. (1960 Code)

Every retail grocery store or grocery department within a general retail merchandise store which uses an automatic checkout system shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale.

A. The provisions of this section shall not apply to any of the following:

1. Any consumer commodity which was not generally item priced on January 1, 1977, as determined by the department of food and agriculture pursuant to subdivision (c) of section 12604.5 of the Business And Professions Code of the state of California, as effective July 8, 1977.

2. Any unpackaged fresh food produce, or to consumer commodities which are under three (3) cubic inches in size, weight less than three (3) ounces, and are priced under thirty cents ($0.30).

3. Any consumer commodity offered as a sale item or as a special, and which is so designated on the package.

4. Any business which has as its only regular employees the owner thereof, or the parent, spouse, or child of such owner, or, in addition thereto, not more than two (2) other regular employees.

5. Identical items within a multi-item package.

6. Items sold through a vending machine.

B. For the purpose of this section:

AUTOMATIC CHECKOUT SYSTEM: A computer capable of reading the universal product code or similar code to determine the price of items being purchased.

CONSUMER COMMODITY: Includes:

1. Food, including all material whether solid, liquid or mixed, and whether simple or compound, which is used or intended for consumption by human beings or domestic animals normally kept as household pets, and all substances or ingredients added to any such material for any purpose. This definition shall not apply to individual package of cigarettes or individual cigars.

2. Napkins, facial tissues, toilet tissues, foil wrapping, plastic wrapping, paper toweling and disposable plates and cups.

3. Detergents, soaps and other cleaning agents.

4. Pharmaceuticals, including nonprescription drugs, bandages, female hygiene products and toiletries.

GROCERY DEPARTMENT: An area within a general retail merchandise store which is engaged primarily in the retail sale of package food, rather than food prepared for immediate consumption on or off the premises.

GROCERY STORE: A store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.

SALE ITEM OR SPECIAL: Any consumer commodity offered in good faith for a period of seven (7) days or less, on sale at a price below the normal price that item is usually sold for in that store.

C. Violation of this section shall constitute an infraction under section 1-2-0 of this code. (1960 Code; amd. Ord. 81-504)