Ventura Municipal Code Ch. 10.10 Disorderly Conduct

A. Findings and Purpose. The city council of the city of San Buenaventura finds that public property and public places within the city should be readily accessible and available to residents and the public at large. The consumption of alcoholic beverages in these areas can constitute a public health and safety hazard that adversely impacts neighborhoods, commercial areas, and the general welfare of the city. It is the city’s intent to promote the use and enjoyment of public property and public places while balancing special events where alcoholic beverages may be permitted with appropriate conditions and regulations in place.

B. Definitions. For purposes of this section, the words and phrases listed below shall have the meaning as follows:

“ABC” means the Alcoholic Beverage Control Board of the state of California.

“Alcoholic beverage” means any alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, as set forth in Business and Professions Code Section 23004, as may be hereafter amended.

“City facilities” means structures, buildings, or parks owned or controlled by the city of San Buenaventura.

“Open container” means any vessel or container containing an alcoholic beverage, as defined herein, which is immediately capable of consumption or the seal of which has been broken notwithstanding the fact that the vessel or container has been recapped or covered.

“Public property” means any property owned or controlled by the city of San Buenaventura, including, but not limited to, a street, sidewalk, bike path, alley, parking lot, or public park; or any public school ground, buildings, bleachers, or stadium thereon; or any railroad depot or bus station; or any public place, any place open to the patronage of the public, or any place open to public view; or in or upon any building or premises or portion thereof which is owned or occupied by the city of San Buenaventura or any department thereof, or by any other governmental agency.

“Seal” means the regular and original seal applied over the top or cap on any beer, malt, vinous, or spirituous liquors.

C. Drunkenness Unlawful on Public Places and Ways. It shall be unlawful and a misdemeanor, subject to punishment in accordance with Chapter 1.150, for any person to be or appear in a state of drunkenness or intoxication upon any public property or while occupying any vehicle or conveyance thereon.

D. Annoyance of Another. It shall be unlawful and a misdemeanor, subject to punishment in accordance with Chapter 1.150, for any person to be on any private premises or in any private house in a state of drunkenness or intoxication to the annoyance of any other person.

E. Consumption of Alcoholic Beverage. It shall be unlawful and a misdemeanor, subject to punishment in accordance with Chapter 1.150, for any person to drink or consume any alcoholic beverage:

1. On any city facilities or public property within the city of San Buenaventura; or

2. Upon any private street, building or other private property within the city without the consent of the person or entity in possession or control thereof.

F. Presumption Regarding Consumption. For the purposes of this section, the possession of an open container shall be presumptive evidence that the contents of such open container are intended to be consumed at the place where the person is located. Said presumption affects the burden of producing evidence.

G. Possession of Open Containers on Public Property Prohibited. It shall be unlawful and an infraction for a person to possess an open container on public property except as provided in this section. This subsection is enacted pursuant to Section 25620 of the California Business and Professions Code.

1. This section does not prohibit the possession of an open container, at sidewalk tables adjacent to the premises, of alcoholic beverages purchased on the premises by the customer of a bona fide eating place, as the term is defined in California Business and Professions Code Section 23038, if the bona fide eating place has obtained a director’s permit from the city pursuant to Chapters 24.477 and 24.505 authorizing the placement of sidewalk tables and a license from the ABC that permits the sidewalk consumption.

2. This section does not apply:

a. When the possession of an open container is within a structure or designated area located in a park or other public space or area for which an alcohol license has been issued by the ABC.

b. To city facilities during the course of approved city events where the consumption of alcoholic beverages has been specifically permitted.

c. On public property when the city has issued a permit for temporary use and occupancy of public property and the permit provides that alcoholic beverages will be sold or consumed as a part of the function for which the permit is issued.

H. Presumption Regarding Alcoholic Beverage. For the purposes of this section:

1. Any liquid found in any container as described in this chapter and which in the sensory perception of the investigating officer either looks or smells of alcohol shall be presumed to be an alcoholic beverage.

2. Any container shall be presumed to hold the character of the contents described on a label or any information affixed to the container; including, but not limited to, the alcohol by volume.

3. The presumptions set forth in subsections (H)(1) and (H)(2) of this section affect the burden of producing evidence.

I. Penalty. Any person who violates this section shall be guilty of a misdemeanor, with the exception of subsection G of this section which may only be prosecuted as an infraction pursuant to Business and Professions Code Section 25620(a).

J. Severability. If any subsection, sentence, clause, phrase, provision or portion of this section, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this chapter or their applicability to distinguishable situations or circumstances. In enacting this chapter, it is the desire of the city council to regulate validly to the full measure of its legal authority in the public interest, and, to that end, the city council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, provision or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this chapter are intended to be severable.

K. Preemption by State Law. This section shall not be construed or interpreted as applicable to any act or acts regulated by state law, but shall be limited to permitted subjects of local regulation not preempted by state law. (Code 1971, § 6131; Ord. No. 2004-005, § 3, 4-5-04; Ord. No. 2017-012, § 1, 9-25-17)

It shall be unlawful for any person to use vulgar, profane or indecent language within the presence or hearing of women or children in a loud or boisterous manner. (Code 1971, § 6132)

It shall be unlawful for any person riding horseback or driving any conveyance by whatever power propelled to race with another person riding or driving as aforesaid upon any street of the city without a special authorization from the council. (Code 1971, § 6133)

Cross reference(s): Vehicle and traffic regulations, Title 16.

No woman shall offer her body for the purpose of prostitution or solicit any man to have intercourse with her for money or other consideration, or agree to have carnal intercourse with any man for money or other consideration, or offer or agree to perform or participate in any lewd act for money or other consideration, within the city.

A. Soliciting. No person, upon any street or sidewalk, or in any room for rent, rooming house, hotel, park or other similar place within the city, shall solicit any person of the opposite sex to whom the person is not married to have sexual intercourse with such person so soliciting, or to perform or participate in any lewd act with such person.

B. Resorting.

1. For Lewd Acts. No person shall resort to any office building or to any room used or occupied in connection with, or under the same management as, any cafe, restaurant, soft drink parlor, liquor establishment or similar business, or to any public park or any of the buildings therein or to any vacant lot, room for rent, rooming house, lodging house, hotel, house trailer, or to any street or sidewalk within the city, for the purpose of having sexual intercourse with a person to whom the person is not married, or for the purpose of performing or participating in any lewd act with any such person.

2. Resorting for Money. No person shall resort to any house, room, building, structure or place not mentioned in subsection A of this section for the purpose of having sexual intercourse with a person to whom the person is not married, or for the purpose of performing or participating in any lewd act with such person for money or other consideration.

C. Renting Rooms. No person shall sell, rent, let or assign any room or apartment within the city with the understanding or belief that such room or apartment is to be used by the person or persons to whom it is sold, let, rented or assigned for the purpose of having sexual intercourse with a person to whom the person is not married, or for the purpose of performing or participating in any lewd act with such person.

D. Procuring. No person shall cause, procure, induce, persuade or encourage any other person to patronize prostitutes or houses of prostitution; or direct or conduct another to prostitutes or places where prostitutes may be hired or obtained; or offer or agree to provide prostitutes or solicit patronage for prostitutes or house of prostitution; or take, offer or agree to take another person to any place with knowledge or reasonable cause to believe that such taking, offering or agreeing to take is for the purpose of prostitution, lewdness or assignation.

E. Vehicles. No driver of any vehicle, capable of being used to transport persons for hire, shall permit any person to occupy or use such vehicle for the purpose of prostitution, lewdness, or assignation, with knowledge or reasonable cause to believe that the same is, or is to be, hired, occupied or used for such purposes; nor shall such driver direct, take or transport any person to any building or place, or to any other person, with knowledge or reasonable cause to believe that the purpose of such transporting is prostitution, lewdness or assignation.

F. Visiting. No person shall knowingly visit, attend, resort to, or be in any office, room, house, apartment, or any other place within the city where prostitution is being conducted or performed, or where any acts offensive to public decency are being conducted, engaged in or permitted. (Code 1971, § 6134)

A. Unlawful. No person shall act as a guard or lookout for any building, premises or establishment within the city used for gambling, prostitution, or any other form of vice or illegal act, or where intoxicating liquors are illegally kept, sold or purchased, or for any person soliciting, offering or engaging in prostitution, gambling or any other form of vice, or illegal act, or any prostitute, on any street or sidewalk.

B. Warning. No person shall give any signal intended or calculated to give warning of the approach of any peace officer to any person in or about such building or premises or places mentioned in subsection A of this section. (Code 1971, § 6135)

A. Unlawful. It shall be unlawful, in any place of business where food or drink is sold to be consumed upon the premises, for any person who loafs or loiters about such place, or who is employed therein, to beg, solicit or importune any patron or customer of or visitor in such establishment to purchase any article of food or drink for the one begging, soliciting or importuning, or for any frequenter, habitue, vagrant or idle person in or about such place; and no person shall enter any such place, or remain therein, for the purpose of so begging, soliciting or importuning patrons, customers or visitors therein.

B. Owner Permitting. No person who owns, manages, or otherwise controls any such place of business shall permit or allow other persons to beg, solicit or importune patrons, customers or visitors thereof in the manner and for the purposes specified in subsection A of this section. (Code 1971, § 6136)