Tiburon Municipal Code Ch. 25 Offenses—miscellaneous

(a) It is unlawful for any person, without having obtained a permit as provided in this section, to use, operate, play or permit to be used, operated or played, within the areas designated by the zoning ordinance for uses other than residential, any instrument as defined in this section.

(b) Any person who desires to use, operate, play or permit to be used, operated or played, within the areas referred to in subsection (a) of this section, any instrument the sound from which is to be cast upon the public streets, may apply for a permit to do so by filing with the town manager a written request for such permit, containing information, including, but not limited to, the name of the applicant, the number and type of instruments, the location of the instrument or instruments, the range of sound from such instrument or instruments, the occasion and purpose of the proposed use, operation or playing of such instrument or instruments, and such other information as the town manager deems necessary.

(c) Any person aggrieved by any decision of the town manager with respect to the refusal to issue such permit may appeal to the town council by filing a written notice of appeal with the clerk of the council, within five days after such decision. Such notice shall set forth, in detail, the action and the grounds by and upon which the person deems himself aggrieved. The town council shall thereupon fix a time and place for hearing such appeal, which shall be not later than thirty days following the filing of the notice. The town clerk shall give notice to such person of the time and place of hearing no later than five days prior thereto by serving it personally or by depositing it in the United States post office at the city, postage prepaid, addressed to such person at his last known address. The town council shall have authority to determine all questions raised on such appeal.

(d) It is the purpose and intent of this section to allow the use, operation and placing of instruments in conjunction with, and related to, special occasions, such as, but not limited to, public holidays, public festivities, boat or yacht races and public sporting events.

(e) For the protection of the public interest, the town manager or the town council in granting such permit may attach such conditions as, in their judgment, the public interest may require, and in the consideration of any request for permit attention shall be given to all pertinent facts which may affect the health, morals, safety and general welfare of the public, and there shall be exercised a reasonable and sound discretion with reference to the special occasions referred to above.

(f) It is unlawful for any person to use, operate, play or permit to be used, operated or played, any instrument in violation of the terms and conditions of such permit as may have been issued by the town manager or the town council.

(g) In addition to all other remedies available under this Code or state law, any violation of this chapter shall be subject to abatement as a public nuisance. All costs relating to the enforcement of this chapter shall be borne by and recoverable from the person in violation thereof.

(h) For the purposes of this section, the term "instrument" means any loudspeaker, sound amplifier, radio receiving set or other machine, device, apparatus or instrument, for intensification or amplification of the human voice, music, sound or noise, which is cast upon the public streets. "Instrument" also means any musical instrument, drum or phonograph, or any apparatus, instrument, machine or device for the producing or reproducing of sound, the sound from any of which is cast upon the public streets.

The term "cast upon the public streets" is defined as noise or sound which is plainly audible at a distance of fifty feet from the exterior of the building or structure in which an instrument is located.

(Ord. No. 39, §§ 2, 3, 4, 6; Ord. No. 60, § 1; Ord. No. 153 N.S., § 1; Ord. No. 445 N.S., § 7; Ord. No. 453 N.S., § 2 (part))

* As to zoning generally, see ch. 16 of this Code.

(a) It is unlawful for any person to solicit by going to private residences within the town without first obtaining a permit as provided in this section.

(b) Applications for the permit required by subsection (a) of this section shall be filed with the chief of police along with a processing fee established by resolution of the town council. The application shall contain the following information:

(1) The name and address of the individual or organization seeking the permit including the names and addresses of the organization's officers and managers;

(2) The names and addresses of the person or persons who will be in direct charge of conducting the solicitation;

(3) If the applicant is an organization, the names and addresses of every person who will be soliciting on behalf of the organization;

(4) A list of other cities or counties where similar permits have been applied for in the last two years;

(5) A statement indicating whether the applicant or organization represented by the applicant has been granted tax-exempt status and a copy of the certification issued by the State Franchise Tax Board or, if the applicant is a for profit seller of goods and wares, a copy of the business license issued by the town clerk.

(c) Within ten days after submission of the application, the chief of police shall either issue the permit or deny it on one of the two following grounds:

(1) The applicant has failed to provide all of the information required by subsection (b) in a truthful manner; or

(2) The applicant or one of the persons who shall conduct the solicitation has previously been convicted by a court of fraudulent activity, trespass or crimes of violence. If the application is denied, the applicant shall have five days within which to appeal to the town manager, who shall conduct an informal hearing within five days after receiving the request. Within five days after the hearing the manager shall issue a written decision either granting or denying the application. The manager's decision shall be final.

(d) The permit shall be valid for two months unless renewed or earlier revoked. A permit may be renewed for additional one month periods up to a total of one year. Requests for renewal shall be submitted to the chief of police and shall identify any changes to the information provided in the initial application. Procedures for renewal shall be the same as those for initial applications. A processing fee for renewals shall be established by resolution of the town council. A permit may be revoked by the chief of police if the permittee has violated any provision of this section, engaged in fraudulent practices, or trespassed upon private property. Written notice of revocation shall be immediately mailed to the permittee. The revocation may be appealed to the town manager within five days and shall be processed as set forth in subsection (c) of this section.

(e) Every person soliciting shall carry a copy of the permit issued by the chief of police while soliciting and shall produce the copy upon request.

(f) It is unlawful for any person to solicit at any time at any building where there is a posted sign stating "no solicitors" or words to that effect.

(g) It is unlawful to solicit at a private residence between the hours of nine p.m. and eight a.m.

(h) For purposes of this section "solicit" shall include:

(1) The request by any charitable nonprofit organization for contributions of money, property or other donations by calling upon residences in person; and

(2) The peddling, hawking or offering for sale of goods for profit by any individual or organization calling upon residences in person.

(i) Any person violating any provision of this section shall be guilty of an infraction and upon conviction shall be subject to payment of a fine not to exceed the limits set forth in section 36900 of the Government Code.

(Ord. No. 46, ch. 10; Ord. No. 397 N.S., § 1; Ord. No. 453 N.S., § 2 (part))

(a) It is unlawful for any person to dump or place, or to permit to be dumped or placed, deposited, maintained or accumulated in any natural watercourse on public or private property any debris, garbage, rubbish, trash, brush, timber, dirt, fill, rocks, waste piles or any other commodity whatsoever that obstructs, prevents, diverts or tends to obstruct, prevent or divert the normal, natural or ordinary flow of water in such watercourse.

(b) Nothing contained in this section shall be deemed to prohibit the improvement or realignment on private property of any natural watercourse so as not to obstruct, prevent or divert the natural flow of water in such watercourse at its point of entry onto or exit from such private property, provided that all required permits are obtained prior to such work.

(Ord. No. 10, § 1; Ord. No. 453 N.S., § 2 (part))

(Ord. No. 557 N.S., § 4, 5-20-2015)

* As to harbors and waterways, see ch. 17 of this Code.

The purpose of this chapter is to regulate the operation of unmanned aircraft, commonly known as drones, which can at times pose a hazard to full-scale aircraft in flight and to persons on the ground, or which present concerns for the safety of individuals at a school or otherwise impede providing a safe education environment. Imposing community-based safety requirements on the operation of model UAS and imposing restrictions on the operation of both model UAS's and civil UAS's consistent with Federal Aviation Administration rules is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of unmanned aircraft.

(Ord. No. 583 N.S., § 1, 7-17-2019; Ord. No. 584 N.S., § 1, 9-18-2019)

"Civil UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any person for any purposes other than strictly hobby or recreational purpose, including, but not limited to, commercial purposes or in the furtherance of, or incidental to, any business or media service or agency.

"Drone" refers to any UAS.

"FAA" means the Federal Aviation Administration.

"Model UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes.

"Person" shall mean natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

"Public UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any public agency for government related purposes.

"Unmanned Aircraft" shall mean an aircraft without a human pilot onboard, that is controlled by an operator on the ground, and is operated without the possibility of direct human intervention from within or on the aircraft.

"Unmanned Aircraft System (UAS)" shall mean an unmanned aircraft and associated elements, including, but not limited to, any communication links and components that control the unmanned aircraft.

(Ord. No. 583 N.S., § 1, 7-17-2019; Ord. No. 584 N.S., § 1, 9-18-2019)

The following shall apply to the operation of any model UAS or civil UAS within the Town of Tiburon:

(1) No person shall operate any model UAS or civil UAS within the Town of Tiburon in a manner that is prohibited by any federal statute or regulation.

(2) Excluding takeoff and landing, no person shall operate any model UAS or civil UAS within the Town of Tiburon closer than twenty-five feet to any individual, except the operator or the operator's helper(s).

(3) No person shall takeoff, land or operate any model UAS or civil UAS while under the influence of alcohol or any other drugs, intoxicating compound or any combination thereof.

(4) No person shall knowingly and intentionally operate any model UAS or civil UAS on the grounds of, or less than four hundred feet above ground level within the airspace overlaying, a public school facility in the Town of Tiburon during school hours or school events, without the written permission of school officials.

(5) No person shall knowingly and intentionally operate any model UAS or civil UAS less than four hundred feet above ground level to record, transmit or capture images of students on public school grounds in the Town of Tiburon during school hours or school events without the written permission of school officials.

(Ord. No. 583 N.S., § 1, 7-17-2019; Ord. No. 584 N.S., § 1, 9-18-2019)

This chapter shall not apply to any public UAS, or UAS weighing less than 0.55 pounds.

(Ord. No. 583 N.S., § 1, 7-17-2019; Ord. No. 584 N.S., § 1, 9-18-2019)

In addition to other enforcement means available to the town, any person violating this chapter is subject to fines and confiscation of the UAS by the Tiburon Police Department or other local, state or federal law enforcement agency operating on their behalf.

(Ord. No. 583 N.S., § 1, 7-17-2019; Ord. No. 584 N.S., § 1, 9-18-2019)

Editor's note— Ord. No. 576 N.S., § 2(B), adopted April 4, 2018, repealed § 25-5, which pertained to police services fee for second response and derived from Ord. No. 387 N.S., § 3; Ord. No. 453 N.S., § 2 (part).