Tracy Municipal Code Art. 13 Unlawful Conduct

Footnotes:

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Editor's note— Article 13 formerly consisted of §§ 4.12.1180—4.12.1210. Section 4.12.1210, entitled "Begging", which derived from Ord. No. 1040, § 6 Exh. F (part), adopted 2002, has subsequently been deleted per City. See Article 14, §§ 4.12.1210—4.12.1230 set out herein by Ord. No. 1143, for similar provisions.

Any person who shall fire or discharge any pistol, gun, rifle, firearm, cannon, anvil loaded with gun powder, bow, airgun, sling, or other device whereby a dangerous missile is projected, within the City, or discharge or explode any firecrackers, firerockets, Roman candles, chasers, or other fireworks of any kind, without first having obtained a special permit to do so in writing from the Council, which permit shall designate the time and place therefor, shall be guilty of a misdemeanor; provided, however, the provisions of this section shall not be construed to prohibit any person from shooting destructive animals within his own enclosure or premises nor to prohibit the maintenance of shooting galleries in accordance with the laws of the City.

(Ord. 1040 § 6 Exh. F (part), 2002)

(a) No person may consume beer, wine or any intoxicating liquor on a street, sidewalk, alley or public court.

(b) No person may consume an open container of alcoholic beverage under the following circumstances:

(1) Upon any property used, or intended to be used as an accessory use, for the parking of motor vehicles by the patrons of a commercial establishment licensed by the State Alcohol and Beverage Control Board (ABC) to sell alcoholic beverages; or

(2) Upon any unimproved property which adjoins such commercial establishment not used for the parking of motor vehicles, which property is owned, operated, or possessed by the owner, lessee, or agent of such commercial establishment.

(c) Nothing in this section shall be construed to make criminal any act or acts which are permitted or prohibited by State law.

(d) The Council, by resolution, may issue a permit under Chapter 4.40 allowing the consumption of intoxicating beverages on public property at an organized event of community-wide interest. The consumption of intoxicating beverages shall be restricted to the perimeters of the event as described in the permit.

(Ord. 1040 § 6 Exh. F (part), 2002)

(a) Definitions. For the purposes of this section, certain words and phrases used in this section are defined as follows:

(1) "Loiter" shall mean the act of remaining upon posted property without the permission of the owner or person in lawful possession.

(2) "Motor vehicle" shall be construed in the same manner as it is construed in the Vehicle Code of the State.

(3) "Posted property" shall mean property upon which appropriate signs have been placed pursuant to this section.

(4) "Sign" shall mean a board or card upon which, in lettering not less than one inch in height, are printed the appropriate restrictions pursuant to subsection (b) of this section.

(5) "Trespass" shall mean the act of entering or remaining upon posted property without the permission of the owner or person in lawful possession.

(b) Authority for posting. The owner or person in lawful possession of any property may post the property prohibiting any one or any combination of the following acts:

(1) Trespassing;

(2) Loitering;

(3) Parking of motor vehicles; and

(4) Operation of motor vehicles.

Such posting of property may totally prohibit the specified acts or may prohibit them during certain hours. The restrictions may be made to apply only to the general public as opposed to customers or tenants. This section shall not apply to the following property:

(i) An established and existing right-of-way for public road purposes; or

(ii) Any property which comes within the provisions of Section 554 of the Penal Code of the State.

(c) Method of posting: Trespassing, parking of motor vehicles, and operation of motor vehicles. Posting prohibiting trespassing, the parking of motor vehicles, the operation of motor vehicles, or any combination thereof as authorized by subsection (b) of this section shall be accomplished by a sign or signs posted on the property at a location or locations sufficient to give adequate and reasonable notice of the restrictions. If the property has defined entrances, a sign shall be posted at each such entrance.

(d) Method of posting: Loitering. Posting prohibiting loitering as authorized by subsection (b) of this section shall be accomplished by a sign or signs posted on the property at a location or locations sufficient to give adequate and reasonable notice of the restriction.

(e) Trespassing, parking, and operation of motor vehicles prohibited. It shall be unlawful for any person to do any act which is prohibited by the language of any sign posted pursuant to this section or posted pursuant to Section 22658 of the Vehicle Code of the State. The following exceptions shall apply:

(1) Peace officers. The provisions of this section shall not apply to the entry upon posted property of any peace officer or other duly authorized public employee.

(2) Labor activities. The provisions of this section shall not apply to any otherwise lawful activity in connection with a labor dispute.

(f) Loitering on median islands. It shall be unlawful for any person to stand or use the median island on a divided highway or median separating the frontage road from the main roadway for any period of time other than at an intersection as a pedestrian refuge while actively crossing such highway.

(g) Destruction of signs unlawful. It shall be unlawful for any person without authority to tear down, deface, or destroy any sign posted pursuant to this section.

(h) Sample signs. Following are examples of wording for signs which will meet the requirements of subsection (e) of this section. Strict compliance with the wording of the examples set forth shall not be required:

(1) For subsection (1) of subsection (e) of this section:

NO TRESPASSING TMC 4.12.1200(e)

NO TRESPASSING OR LOITERING TMC 4.12.1200(e)

NO PARKING TMC 4.12.1200(e)

NO MOTOR VEHICLES TMC 4.12.1200(e)

NO TRESPASSING NO PARKING TMC 4.12.1200(e)

NO TRESPASSING NO MOTOR VEHICLES TMC 4.12.1200(e)

NO TRESPASSING NO PARKING 6 P. M. to 6 A. M. TMC 4.12.1200(e)

PARKING FOR CUSTOMERS OF XYZ STORE ONLY 8 A.M. to 6 P.M. TMC 4.12.1200(e)

XYZ APARTMENTS TENANT PARKING ONLY TMC 4.12.1200(e)

(2) For subsection (2) of subsection (e) of this section:

PARKING FOR CUSTOMERS OF XYZ SAVINGS AND LOAN ONLY ALL OTHERS WILL BE TOWED AWAY TRACY POLICE DEPARTMENT 835-4550 CVC 22658

(Ord. 1040 § 6 Exh. F (part), 2002)