Temple City Municipal Code Ch. 1 Unlawful Conduct

ARTICLE A. GENERAL CONDUCT

SECTION:

No person shall engage in any disorderly or boisterous conduct, or disturb the peace by assaulting, striking or fighting, or be found in an intoxicated or drunken condition upon any premises within the city, or expose his person or any part thereof in a lewd and offensive manner in any place in the city where there are other persons to be offended or annoyed thereby, or to make in any place, or suffer to be made on his premises or upon premises under his control, any disorder or tumult, to the disturbance of the public peace, or utter in the presence of two (2) or more persons, any bawdy, lewd or obscene words or epithets or address another by any words, language or expressions having a tendency to create a breach of the peace, or utter or use within the hearing of one or more persons, any seditious language. (1960 Code)

No person shall make, cause or suffer or permit to be made upon any premises, owned, occupied or controlled by him any unnecessary noises or sounds which are physically annoying to persons of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to occasion physical discomfort to the inhabitants of any neighborhood. (1960 Code)

It shall be unlawful to construct or maintain any gate in any fence in such a manner that such gate may be opened outward over any portion of any public highway open for either pedestrians or vehicular traffic. Furthermore, it shall be unlawful to cause or permit any such gate in any fence to be or remain open outward over any portion of any public highway open for either pedestrian or vehicular traffic. (1960 Code)

It shall be unlawful for any person, firm or corporation to drive, or cause to be driven, or to conduct, or cause to be conducted any aircraft, balloon airships or flying machines, in the air at a distance of less than one thousand feet (1,000') from the ground except in case of emergency. (1960 Code)

No person shall drive or ride any horse or other animal upon any public highway or thoroughfare, in such a manner as to endanger the safety of persons on said highways or thoroughfares. (1960 Code)

No person shall place, deposit, throw or dump, or cause to be placed, deposited, thrown or dumped, any garbage, swill, cans, bottles, papers, ashes, dirt, sand, rock, cement, glass, metal, carcass of any dead animal, offal, refuse, plants, cuttings or trash, or rubbish of any nature whatsoever, or any nauseous, offensive matter in or upon any public or private road, highway, street, alley, public way or any public or private property of any kind whatsoever. (1960 Code)

It shall be unlawful for any person, firm or corporation, to deposit, drain, wash, allow to run or divert into or upon any public road, highway, street or alley, drainage ditch, storm drain or flood control channel owned by or controlled by any public agency within the city, any water, mud, sand, oil or petroleum. (1960 Code)

No person shall wilfully or maliciously break or destroy any window, window sash, door, blind or pane of glass of any occupied or unoccupied house or outhouse in the city or enter any unoccupied house or outhouse and commit any nuisance therein or break, destroy or injure anything therein or any part of said house or outhouse, or any fence, or improvement whatever, or aid, abet or assist anyone to commit such nuisance or injure said property. (1960 Code)

No person shall inform or report to a peace officer that a crime has been committed whether a felony or misdemeanor, unless he, in good faith, believes that such crime has been committed. (1960 Code)

No person, with intent gratuitously to avail himself of the entertainment or recreation furnished or the privileges conferred therein, shall enter any theater, stadium, athletic club, ballpark, golf course, golf club, tennis club or other place of amusement, entertainment or recreation, for admission to which an admission fee or membership fee is charged, without first paying such admission fee or membership fee. Any person who is a bona fide guest of a member of any club may enter such club according to the rules thereof. Any person may enter any place which is within the purview of this section with the consent of the owner or manager thereof. This section shall not be deemed to apply to the entry into any such place by a law enforcement officer acting within the scope and course of his official duties. (1960 Code)

No person shall act as a lookout for a gambling game, house of prostitution or other illegal act. (1960 Code)

No person shall pick any flower or flowers growing in a public park or place of the city, except by the express authorization of the superintendent thereof. (1960 Code)

No person shall smoke or possess any burning cigarette, cigar, pipe, in a polling place during an election. (1960 Code)

It shall be unlawful for any person to throw upon, along or across any public highway, road, street, alley, sidewalk, any missile capable of causing personal injury or damage to personal property at or toward any person or any vehicle. (1960 Code)

Use of shopping carts shall be subject to the following provisions:

A. No person shall remove any shopping cart, shopping basket or other similar device from the premises or parking area of any business establishment if such shopping cart, basket or device has permanently affixed to it a sign identifying it as belonging to the owner or operator or such business establishment and a notification to the effect that such cart, basket or device is not to be removed from the premises;

B. No person shall abandon or leave any such shopping cart, shopping basket or other similar device which has been removed from the owners premises upon any public street, alley, sidewalk, parkway or other public place, nor upon any private property except that of the owner of such cart, basket or device;

C. No person shall have in his possession any shopping cart, shopping basket or other similar device which has been removed from the premises of any business establishment operated by the owner of said cart, basket or device and which has permanently affixed to it a sign identifying it as belonging to the operator of a business establishment and a notification to the effect that such cart, basket or device is not to be removed from the premises of said establishment;

D. No person shall use any shopping cart, shopping basket or other similar device for any purpose other than that intended by the owner of said cart, basket or device;

E. No person shall alter, convert or tamper with any shopping cart, shopping basket or other similar device or remove any part thereof. (1960 Code)

A. It is unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify they are in lawful possession of the catalytic converter.

B. For purposes of this section, "lawful possession" includes being the lawful owner of the catalytic converter, the vehicle from which it came, or in possession of the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a "lawful possession."

C. For purposes of this section, "documentation or other proof" means written document(s) that clearly identify the vehicle from which the catalytic converter originated and includes but is not limited to the following document types: bill of sale from the original owner identifying the catalytic converter, documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop, verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter, vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number. The validity of documentation or other proof is based on the totality of the circumstances.

D. Each and every violation of this chapter, including each catalytic converter that is unlawfully possessed, shall constitute a separate violation, a public nuisance, and shall be subject to all remedies and enforcement measures authorized by this code.

(Ord. 24-1075)

It shall be unlawful for any person to park any motor vehicle in any city owned or operated parking lot, mall parking facility, or other place of public ownership, including parks and school facilities, between the hours of three o'clock (3:00) A.M. through five o'clock (5:00) A.M. for the purpose of sleeping, eating or otherwise using such parked vehicle as a residence or for uses unrelated to the primary purpose of vehicle parking.

(Ord. 81-500)

It is unlawful for any person to urinate or defecate in a public place or publicly owned property other than a restroom, or in a place open to public view, or upon the private property of another without the consent of the owner or person in lawful possession.

Any violation of this chapter is a public nuisance that may be abated by any means provided in this Code, including administrative citations, civil action and injunctive relief, and is also punishable as provided in Chapter 1-2 of this Code.

(Ord. 24-1075)

A. No person shall remain upon any private property or business premises, after being notified by the owner, owner's agent, lessee, or by a peace officer acting at the request of any of the above to remove themselves and their possessions therefrom. For purposes of this section a lessee includes a tenant in lawful possession of real property and a licensee.

1. No person who, having been requested to leave private property in the manner set forth above shall reenter the premises within twelve (12) hours thereof without obtaining express permission from the party who requested him to leave, or the lawful agent thereof.

B. No person, without permission from the owner, owner's agent, or lessee, shall enter upon the private property or business premises after having been notified by the owner, owner's agent, or lessee to keep off or keep away therefrom.

C. No person shall enter or remain upon posted private property without the permission of the owner, owner's agent, or lessee of such posted property or premises.

D. No person shall enter or remain upon any city property, building, yard, parking lot, or other city owned or operated facility except during business hours, or upon request or invitation of any city employee or agent acting within the capacity of a city employee or agent, or after being informed by any city employee or a peace officer acting on behalf of the city to remove themselves and their possessions therefrom.

E. Exceptions. This section shall not apply in any of the following instances:

1. Where its application results in a violation of law or where preempted by law;

2. Where its application would result in an interference with or inhibition of lawful peaceful labor picketing or other lawful labor activities;

3. Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions, not involving dangerous or hazardous personal conduct;

4. Where the person who is in or upon another's private property or business premises is there under a legal right, including but not limited to landlord-tenant disputes, marital disputes, child custody disputes or visitation disputes; or

5. Public camping, which is separately regulated by this code and State law.

6. As used in this section, "posted property" means any property at each corner of which, at each entrance to which, a sign is posted three feet above grade and said sign is composed of wood, metal or other equally substantial material, the face of which is not less than one square foot in area, and upon which, in legible letters not less than one inch in height, appear the words "PRIVATE PROPERTY - NO TRESPASS." In addition, the sign may contain such other words as may be desired, indicating that trespassers are subject to prosecution. Where the area of such property exceeds one acre, the notice shall also be posted at multiple locations which are at intervals of not more than three hundred feet along or near the boundaries thereof.

7. The owner or responsible party of real property located within the city may request continuing enforcement of this section in their absence. Such request shall be made in writing to the Los Angeles County Sheriff's Office pursuant to that office's procedures.

8. Each and every violation of this section, shall constitute a separate violation, a public nuisance, and shall be subject to all remedies and enforcement measures authorized by this code.

(Ord. 24-1025)

It is unlawful for any person to engage in any physical fight, disorderly conduct, or altercation with any other person on any public property or upon the premises of another within the city, while in immediate physical possession or any concealed firearm, knife, dirk, bludgeon, or other weapon.

Each and every violation of this section, shall constitute a separate violation, a public nuisance, and shall be subject to all remedies and enforcement measures authorized by this code.

(Ord. 24-1025)

ARTICLE B. MINORS

SECTION:

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

CURFEW HOURS: Ten o'clock (10:00) P.M. of any day until six o'clock (6:00) A.M. the following day.

EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT: Any privately owned place of business to which the public is invited, including, but not limited to, any place of amusement, entertainment, or recreation.

GUARDIAN: A. A person who, under court order, is the guardian of the person of a minor;

B. A public or private agency with whom a minor has been placed by a court; or

C. A person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

MINOR: Any person under eighteen (18) years of age.

PARENT: A person who is a natural parent, adoptive parent, or stepparent of a minor.

PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (Ord. 97-810)

A minor commits an offense by being present in any public place or on the premises of any establishment within the city during curfew hours.

A parent or guardian of a minor commits an offense by an act or an omission, or by threats, or other form of coercion contributes to, or induces or attempts to induce any dependent child or ward of such person to fail or refuse to conform to any lawful order of a law enforcement officer, or to conform to the requirements of this code concerning curfew, shall be subject to a civil penalty. For purposes of this section, a parent or legal guardian to any person under the age of eighteen (18) years shall have the duty to exercise reasonable care, supervision, protection and control over their minor child or ward. (Ord. 97-810)

It is a defense to prosecution under section 4-1B-1 of this article that the minor was:

A. Accompanied by the minor's parent or guardian;

B. On an errand at the direction of the minor's parent or guardian, without any detour or stop;

C. In a motor vehicle involved in interstate travel;

D. Engaged in a lawful employment activity, or going to or returning home from a lawful employment activity, without detour or stop;

E. Acting in response to an emergency;

F. On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

G. Attending an official school, cultural, religious, sports, amusement, entertainment, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

H. Exercising first amendment rights protected by the United States constitution as it pertains to minors, such as the free exercise of religious, freedom of speech, and the right of assembly, but subject to all other applicable laws, rules, and regulations; or

I. Emancipated in accordance with applicable state law. (Ord. 97-810)

Before taking action under section 4-1B-1 of this article a law enforcement officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in section 4-1B-2 of this article is present or applicable.

Any person who violates the provision of section 4-1B-1 of this article shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) for each violation, which shall be assessed and recovered by the civil action brought in the name of the city. In any action brought pursuant to this section, penalties collected shall be paid to the treasurer of this city.

The remedies provided in this section are in addition to the remedies and penalties available under this code and all other laws of this state. (Ord. 97-810)