Visalia Municipal Code Ch. 9.24 Property Offenses

It is declared unlawful for any person, to hand or distribute to, or among pedestrians, or to place, throw or deposit, or cause to be placed, thrown or deposited into, or upon, any motor vehicle, doorstep, porch, yard or lawn within the city, or upon any of the public streets, any advertisement, paper, bill, poster, notice, handbill, advertising card, business card, advertising device, dodger or emblem used or purporting to be used or intended as an advertisement or notice of any article or merchandise, or any trade, profession or business, show exhibition, theater, store or occupation of any person. The prohibition set forth in this section shall not be applicable to any bill, poster, notice or other document or material distributed by, on behalf of or in the name of the city. (Prior code § 5095)

It is unlawful for any person, not a student of the school involved, to return to any school grounds, school buildings or streets, sidewalks, or public ways adjacent thereto, without lawful business therein, within a period of ninety (90) days if the person has been asked during school hours or during school functions to leave the school grounds, school buildings or streets, sidewalks, or public ways adjacent thereto, by the chief administrative officer of the said school, or by any certified school employee designated as the agent of the chief administrative officer or by any peace officer for any of the following reasons:

A. Misconduct on or about any of the above- described premises (misconduct is to be defined by local school regulations regarding conduct on campus, or by Penal Code Section 415);

B. Conviction of any offense requiring registration under Section 290 of the Penal Code;

C. Conviction of any offense included in Division 10 of the Health and Safety Code of the State of California; or

D. Repeated or frequent loitering in or about the above-described premises, without having lawful business at said premises. (Ord. 9605 § 23, 1996: prior code § 5270)

Within the limits of any park or recreational area located within the city and owned or operated by city, and any public street or roadway immediately adjacent thereto, it is unlawful for any person to sell, vend, peddle or distribute any food, merchandise or property whatsoever, nor shall a person station or place a stand, cart or vehicle for the transportation, sale or display of any such article or thing. This section shall not apply to any person acting pursuant to a contract or concessionaire license with the city. This section shall also not apply to any person who has received a temporary permit from the director of leisure services for the purpose of selling or offering for sale food or other merchandise in connection with a special event or activity being conducted within the limits of a city owned and operated park as enumerated pursuant to this chapter. (Prior code § 5280)

Any person who violates any provision of this chapter is guilty of an infraction and upon conviction is punishable to: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for a second violation of this chapter within one year; (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter within one year. A person who violates the provision of Section 9.24.030 shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues. (Prior code § 5281)

A. Notwithstanding any provision contained in this code to the contrary, violation of the provisions of this chapter shall constitute grounds for revocation of any business license issued pursuant to the provisions of Title 5 of this code to a business or person who shall have committed said violation. Revocation proceedings shall be commenced upon the filing with the city clerk written application by the director of leisure services asserting that there are grounds for revocation of a business license as a result of a violation of the provisions of this chapter, and stating the circumstances of each violation which the director alleges has occurred. A copy of the application shall be mailed by the director to the holder of the business license not later than the date on which the application is filed with the city clerk. Within fifteen (15) calendar days following the date of mailing by the director, the holder of the business license must request, in writing, a hearing before the city council. Such written request for hearing shall be filed with the city clerk and a copy shall be mailed to the director of leisure services. The failure to file a written demand for a hearing within the time specified herein shall constitute a waiver of the licensee's right to such a hearing.

B. Should the licensee fail to file his written request for a hearing within the time limit specified, the city council shall place the matter on its agenda and the director shall present evidence to support his application for revocation. Based upon said evidence, the city council shall render a final decision regarding revocation of said business license.

C. Should the licensee file a timely request for a hearing, the city council shall thereupon fix a time and place for hearing the application to revoke the license. The clerk of the council shall give notice to the director of leisure services and to the licensee of the time and place of hearing by serving it personal- ly or by mailing it to the mailing address listed on the business license records of the city. At the time and place appointed, the director and the licensee shall present all relevant evidence to the council and the council shall thereupon render its decision in the matter.

D. The decision of the city council in any hearing concerning the revocation of a business license pursuant to this chapter shall be final and binding upon the parties and there shall be no provision for further administrative appeal or reconsideration by the council. (Prior code § 5282)

It shall be unlawful for any person, group, or "Possessor" to possess any catalytic converter(s) that is not attached to a vehicle, unless the Possessor has valid “Documentation or Other Reliable Proof” to verify that they are in lawful possession of the catalytic converter(s).

A. For purposes of this section, "lawful possession" includes 1) being the lawful owner of the catalytic converter; or 2) in possession of the catalytic converter with the lawful owner's written consent; or 3) owners and employees of a licensed business involving the legal purchase and sale of catalytic converters may possess them during lawful business operations. It is not required to prove the catalytic converter was stolen to establish the possession is not a "lawful possession" and any of the following may also be considered to determine that possession of a catalytic converter is unlawful:

1. The catalytic converter has been cut or otherwise shows marks or damage consistent with illegal removal.

2. The person in possession of the catalytic converter is also in possession of tools that can be used in the illicit removal of catalytic converters.

3. The catalytic converter has markings that associate it with a particular vehicle or make or model of vehicle not associated with the person in possession of the catalytic converter.

4. The person is not able to reasonably account for the origin of the catalytic converter.

5. The person is in possession of, or has sold or attempted to sell, multiple catalytic converters outside of the scope of a licensed business enterprise.

B. For purposes of this section, “Documentation or Other Reliable Proof” means a sales receipt, other proof of purchase, or written document(s) that identifies proof of ownership of catalytic converters or ownership of the vehicle from which a used catalytic

converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:

1. Verifiable bill of sale from the original owner.

2. Documentation from an auto-body shop proving that the owner relinquished the catalytic converter to the auto-body shop.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs or similar visual representation of the vehicle from which the catalytic converter originated.

5. Certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached.

C. Each violation of this section shall constitute a separate violation, including but not limited to, possessing multiple catalytic converters during a single contact by law enforcement or the locating of catalytic converters at other locations but arising from the initial contact by law enforcement or any other circumstance connecting the potential violator to the unlawful possession of the catalytic converter(s) and shall be subject to all remedies and enforcement measures authorized by the Visalia Municipal Code. For clarity, each catalytic converter unlawfully possessed is a separate violation of this section.

D. It is unlawful and a misdemeanor subject to punishment in accordance with Section 1.12.010 of the Visalia Municipal Code for any person to violate any provision of this section. The general rule stating violations of this chapter shall be treated as infractions does not apply to violations of this section.

E. The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.

(Ord. 2023-03 § 2, 2023)