West Covina Municipal Code § 15-15 Maintenance of required landscaping

(a) No person shall trespass in, upon, on or across the property of another, without the consent or permission of the person in charge or control thereof.

(b) This section shall have no application to a trespass committed by any officially authorized peace officer or law enforcement agent when such trespass is committed in the execution of such officer or agent's official duty, nor to any person visiting or calling at the residence or place of business of another person for the purpose of transacting any legitimate business.

(Code 1960, § 4100)

No person shall dump or deposit junk such as tin cans, wire, old auto parts, or any debris or waste material of any nature on any public or private property within the limits of the city, even though the same be near a wash without first obtaining permission in writing from the owner of the property.

(Code 1974, § 4101)

No person shall knowingly and willfully furnish, give or make a false, misleading or unfounded report to the police department of the city for the purpose of interfering with proper operation of the police department or any of its officers, or both.

(Code 1960, § 4104)

No person, other than a sworn police officer (or otherwise authorized to do so by an appropriate public entity) currently employed by the West Covina Police Department, shall wear or cause to be worn any uniform or emblem or semblance of a uniform or emblem of a color, pattern, design, type or combination thereof which is not immediately distinguishable from that adopted or hereafter adopted by the City of West Covina for regular members of the department, nor shall any person wear or cause to be worn any star, badge, shield or insignia of a color, pattern, design, type or combination thereof which could be mistaken for or confused with the official regular police officer's badge of West Covina Police Department.

(Ord. No. 1873, § 2, 3-11-91)

Editor's note— Former § 15-4, relating to drunkenness, derived from Code 1960, §§ 4105, 4106, was repealed by § 2 of Ord. No. 1526, adopted Jan. 11, 1982.

(a) For the purpose of this section, the following terms shall have the meanings indicated:

Alcoholic beverage means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one (0.5) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

Highway includes alleys, bridges, culverts, curbs, streets and sidewalks in the city.

Public park, public place, and director shall have the meanings set forth in section 16-17 of this Code.

(b) While on any public highway, no person shall consume any alcoholic beverage.

(c) Except as otherwise provided in section 16-21 of this Code, while in or on any building or grounds belonging to the state, county, city or other governmental agency, no person shall consume any alcoholic beverage.

(d) While in or on any unenclosed area designed or used or intended to be used for the parking of motor vehicles and which parking area is used in conjunction with or as an adjunct to any business, trade or occupation for which a business license has been issued or is required to be issued pursuant to the provisions of this Code, no person shall consume any alcoholic beverage. This subsection shall not apply to the premises described in section 15-6(c) unless posting has occurred as set out in section 15-6.

(Ord. No. 1543, § 1, 4-12-82; Ord. No. 1770, § 2, 2-22-88; Ord. No. 1874, § 2, 3-11-91; Ord. No. 2040, § 1, 6-15-99)

Editor's note— Section 15-5 originally derived from the Code of 1960, §§ 4107, 4107.1, and was repealed by § 2 of Ord. No. 1526, adopted Jan. 11, 1982. Subsequently, § 1 of Ord. No. 1543, adopted Apr. 12, 1982, added a new § 15-5.

(a) No person who has in his possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on any posted premises, as defined in subsection (c) of this section.

(b) The retail package off-sale alcoholic beverage licensee and the owner of the premises which are subject to licensure under any retail package off-sale alcoholic beverage license, including the parking lot immediately adjacent to the licensed premises, shall post and maintain, in good repair, in a conspicuous place at each entrance to the licensed premises and to the parking lot immediately adjacent thereto, a sign that gives notice substantially as following: "Possession of Opened Alcoholic Beverage Container on These Premises and the Adjacent Public Sidewalk is Prohibited. W.C.M.C. Sec. 15-6(a)."

(c) As used this section, "posted premises" means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, pursuant to division 9 (commencing with section 23000) of the Business and Professions Code, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk, that the provisions of subdivision (a) are applicable.

(d) The provisions of this section shall not apply to any private residential parking lot which is immediately adjacent to the posted premises.

(Ord. No. 1617, § 1, 12-12-83)

(a) Any person who produces, promotes, prepares, presents, manages, directs, creates or participates in any exhibition or performance of an obscene motion picture in a theater in the city, shall be guilty of a misdemeanor.

(b) For the purposes of this section, "obscene" means that which the average person, applying contemporary standards in the city would find, taken as a whole:

(1) Appeals to the prurient interests;

(2) Which represents, depicts and describes, in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions and lewd exhibition of the genitals, and

(3) Which, taken as a whole, does not have serious literary, artistic, political or scientific value.

(c) For the purposes of this section, no employee or any person or legal entity operating a motion picture theater which presents such obscene exhibitional performance shall be subject to prosecution under this section, if the employee is not the manager of the theater, or an officer of such entity, and has no financial interest in such theater other than receiving wages and salaries.

(Code 1960, § 4112.5)

(a) It is unlawful for any minor under the age of eighteen (18) to remain in any public place or establishment within the city between the hours of 10:00 p.m. and 6:00 a.m. However, the provisions of this section shall not apply if any of the following apply:

(1) The minor is accompanied by his or her parent(s), legal guardian, or by his/her spouse eighteen (18) years of age or older.

(2) The minor's parent(s) or legal guardian has given the minor permission to remain in a public place or establishment during curfew hours.

(3) The minor is involved in an emergency.

(4) The minor is attending, going to or returning home without any detour or stop from an official meeting, school activity, civic organization, educational, religious or recreational activity supervised by adults.

(5) The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop.

(6) The minor is in a motor vehicle involved in interstate travel.

(7) The minor is exercising his/her first amendment rights, such as freedom of speech, right of assembly or free exercise of religion.

(8) The minor is on the sidewalk adjacent to his/her residence or the residence of a next door neighbor and the neighbor does not complain to the police department about the minor's presence.

Any minor who violates this section is guilty of a misdemeanor.

(b) Definitions. As used herein, the following words and phrases shall have the meaning set out.

(1) Emergency means one or more unforeseen circumstances or resulting state requiring immediate action, such as a fire, natural disaster, accident or situation requiring immediate action to prevent or treat serious injury or loss to person or property.

(2) Establishment means any privately-owned place of business to which the public is invited, including but not limited to places of amusement or entertainment.

(3) Guardian means a person ordered to be such by a court or a public or private agency with whom the minor has been placed.

(4) Minor means any person under eighteen (18) years of age.

(5) Parent means a person who is a natural, adoptive or step-parent or someone at least eighteen (18) years old authorized by a parent or guardian to have care, custody or control of the minor.

(6) Public place means 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, apartment houses, office buildings, transport facilities and shops.

(7) Remain means to linger or stay or to fail or refuse to leave the premises after a request to do so by a person in control of the premises or by a police officer.

(Code 1960, § 4114; Ord. No. 1788, § 1, 9-12-88; Ord. No. 2001, § 2, 7-15-97)

(a) In addition to the provisions of section 15-8 of the Code, and except as set out in subsection (b), below, it is unlawful for any minor under the age of eighteen (18) who is subject to compulsory education or to compulsory continuation education requirements to remain in any public place or establishment within the city between the hours of 8:30 a.m. and 1:30 p.m. or other hours as designated by the respective school district on days when school is in session.

(b) The provisions of subsection (a) do not apply when:

(1) The minor is accompanied by his or her parent(s), legal guardian, or by his/her spouse eighteen (18) years of age or older.

(2) The minor's parent(s) or legal guardian has given the minor permission to remain in a public place or establishment during curfew hours.

(3) The minor is involved in an emergency.

(4) The minor is attending, going to or returning home without any detour or stop from an official meeting, school activity, civic organization, educational, religious or recreational activity supervised by adults.

(5) The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop.

(6) The minor is in a motor vehicle involved in interstate travel.

(7) The minor is exercising his/her First Amendment rights, such as freedom of speech, right of assembly or free exercise of religion.

(8) The minor is on the sidewalk adjacent to his/her residence or the residence of a next door neighbor and the neighbor did not complain about the minor's presence.

Any minor who violates this section is guilty of a misdemeanor.

(b) Definitions. As used herein, the following words and phrases shall have the meaning set out.

(1) Emergency means one or more unforeseen circumstances or resulting state requiring immediate action, such as a fire, natural disaster, accident or situation requiring immediate action to prevent or treat serious injury or loss to person or property.

(2) Establishment means any privately-owned place of business to which the public is invited, including but not limited to places of amusement or entertainment.

(3) Guardian means a person ordered to be such by a court or a public or private agency with whom the minor has been placed.

(4) Minor means any person under eighteen (18) years of age.

(5) Parent means a person who is a natural, adoptive or step-parent or someone at least eighteen (18) years old authorized by a parent or guardian to have care, custody or control of the minor.

(6) Public place means 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 school, apartment houses, office buildings, transport facilities and shops.

(7) Remain means to linger or stay or to fail or refuse to leave the premises after a request to do so by a person in control of the premises or by a police officer.

(Ord. No. 2001, § 3, 7-15-97)

(a) It is unlawful for any person, either as principal, agent, employee or otherwise, to keep, conduct or maintain within the city, any house, room, apartment or place used in whole or in part as a place where any game, not mentioned in section 330 or section 330a of the Penal Code of the state is played, conducted, dealt or carried on with cards, dice, balls, or any other devices for money, checks, chips, credit or other representative of value or for any merchandise or any other thing of value.

(b) It is unlawful for any person, either as principal, agent, employee or otherwise, knowingly to permit any house, room, apartment or place owned by him or under his charge or control in the city to be used in whole or in part for playing, conducting, dealing or carrying on therein any game not mentioned in section 330 or in section 330a of the Penal Code of the state with cards, dice, balls, cues or other devices for money, checks, chips, credit or any other representative of value or for any merchandise or any other thing of value.

(c) It is unlawful for any person to play or bet on or against any game not mentioned in section 330 or section 330a of the Penal Code of the state which is played, conducted, dealt or carried on with cards, dice, balls, cues or other devices for money, checks, chips, credit or any other representative of value or for any merchandise or other thing of value.

(d) The provisions of sections (a), (b) and (c), above, shall not apply to the card game of bridge ("Bridge"), if such game of bridge is conducted, played or carried on at the West Covina Senior Center or other city facility engaged in the conduct of senior activities, and such game of bridge is conducted, played, dealt and carried on in accordance with the "West Covina Senior Center Bridge Program Game Rules."

(Code 1960, § 4119.4; Ord. No. 2146, § 1, 2-21-06)

No person shall solicit or receive compensation for soliciting for a prostitute or give information about or direct any other person to any house or place or to any person for purposes of prostitution, or any other illegal sex act, whether the communication be by word of mouth or by telephone or by writing or by any other means.

(Code 1960, § 4132)

No person shall conduct, engage in, carry on, participate in, or practice fortune-telling or cause the same to be done for pay without having first obtained a permit therefor.

(a) Definitions. As used in this Code:

(1) Fortune-telling shall mean and include telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including but not limited to clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind reading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature.

(2) For pay shall mean for a fee, reward, donation, loan or receipt of anything of value.

(b) Permit application. Every natural person who, for pay, conducts, engages in, carries on, or practices fortune-telling shall file a separate verified application for a permit with the business license officer. The application shall contain:

(1) The name, home and business address, and home and business telephone number of the applicant.

(2) The record of conviction for violations of the law, excluding minor traffic violations.

(3) The fingerprints of the applicant on a form provided by the police department.

(4) The address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.

(5) A nonrefundable application fee as set by resolution of the city council of the City of West Covina.

(c) Investigation. Upon the filing of the application, it shall be referred to the police department for investigation, report and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the business license officer within fourteen (14) days after the filing of the application, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein.

(d) Hearing and decision by business license collector. The business license collector shall consider the application and the police department report and recommendation at a hearing held not less than seven (7) nor more than fourteen (14) days following receipt of the police department report described in subsection (c). Notice of the time and place of the hearing and a copy of the police department report shall be given to the applicant personally or by certified mail by the business license collector at least five (5) days prior to the hearing. Any interested party shall be heard at the hearing. City shall have the burden of proof to show the permit should be denied. The decision of the business license collector to approve, deny or conditionally approve the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented. Unless the applicant agrees in writing to an extension of time, the business license collector shall make his or her decision approving, denying, or conditionally approving the permit within twenty-four (24) hours after completion of the hearing on the application for a permit and shall notify the applicant of his or her action by personal service or certified mail.

(e) Granting of permit. The business license collector shall approve or conditionally approve the permit if he or she makes all the following findings:

(1) All the information contained in the application and supporting data is true;

(2) The applicant has not, within one (1) year from the date of the application, been convicted of any violation of this chapter or crimes involving prediction of future events by the occult arts, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude;

(3) The applicant has paid the required business license fee; and

(4) The applicant agrees to abide by and comply with all conditions of the permit and applicable laws.

(f) Term of permit. The term of permit shall be for no more than the term of the business license. A renewal application shall be filed no later than thirty (30) days prior to the expiration of the permit and shall be processed in the same manner as a new application.

(g) Posting of fees.

(1) Each person required to obtain a permit pursuant to this section shall post on his or her business premises a sign containing the following:

a. The true name of the fortune-telling practitioner;

b. Each service provided by the fortune-telling practitioner;

c. The fees charged for each service provided by the fortune-telling practitioner;

d. The statement: "By law, this business is prohibited from charging or soliciting any fee, payment or remuneration beyond these established rates."

(2) The sign required by this section shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the fortune-teller. The sign lettering shall be of uniform size with each letter at least one-half inch in height.

(3) If the fortune-telling service is provided at a location other than the fortune-teller's permanent place of business, the fortune-teller shall provide the information required by this section on eight and one-half (8½) by eleven (11) inch paper and legibly printed or typewritten. The paper shall also include the name and permanent address of the person providing the fortune-telling services. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortune-telling services.

(4) No person shall charge any fee, payment, remuneration, or item of value for fortune-telling services in excess of the fees set forth on the sign or paper required by this section.

(h) Receipts. Prior to the acceptance of any money or item of value from a client, other than the acceptance of a gratuitous tip given voluntarily by the client, the fortune-teller shall issue a written receipt to the client, clearly showing:

(1) Date;

(2) Name of client;

(3) Amount of money received or specific description of item of value received; and

(4) Purpose for which the money or item of value was received.

(i) Client's record of consultation. No person engaging in fortune-telling services shall prohibit a client from making an audio recording or taking written notes of the information conveyed by the fortune-teller.

(j) Exception: Entertainment. The provisions of this chapter shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortune-telling at public places and in the presence of and within the hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers.

(k) Exception: Religious practice. The provisions of this chapter shall not be applicable to any person conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, clairvoyant, or similar position (hereinafter collectively referred to as minister) from any bona fide church or religious association having a creed or set of religious principles that is recognized by all churches of like faith which provides for fortune-telling; provided that:

(1) Except as provided in subsection (3) hereof, the minister's fees, gratuities, emoluments, and profits shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as defined in this section.

(2) The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this section, shall file with the business license collector a certified copy of the minister's certificate of ordination and the minister's name, age, street address, and telephone number in this city where the activity set forth in this section is to be conducted.

(3) Such bona fide church or religious association, as defined in this section, may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church or religious association and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.

(Code 1960, § 4133; Ord. No. 1670, § 1, 4-22-85; Ord. No. 1692, § 1, 9-9-85; Ord. No. 1718, § 1, 5-27-86)

Any person practicing hypnotism in a permanent location in the city not pursuant to a valid state medical certificate or psychologist's license must provide to the license collector for the city a statement either:

(1) Showing which of the state healing arts boards, or other recognized profession licensed by the State of California, practitioner holds a certificate from and that the practice of hypnotism is consistent with the laws of that profession, or

(2) That such person's practice is limited to the practice of hypnotic techniques by referral from persons licensed to practice medicine, dentistry or psychology, or for offering avocational or vocational self-improvement but does not offer therapy for emotional or mental disorders.

(Ord. No. 1670, § 2, 4-22-85)

Any person submitting a statement under section 15-11.1 subsection (2) shall be required to obtain a hypnotist's permit issued by the license collector and an identification card issued by the police department before being granted a business license for a business consisting of or including the practice of hypnotism.

(Ord. No. 1670, § 2, 4-22-85)

Any applicant for a hypnotist's permit shall furnish to the license collector, or his authorized assistant or deputy, a written and signed application for a hypnotist's permit accompanied by an application fee set by resolution to cover costs of investigation.

(Ord. No. 1670, § 2, 4-22-85)

The police department shall, within a period of ten (10) days after the filing of an application for a hypnotist's permit, make such investigation of the applicant, agents and employees as it deems necessary, and may in connection therewith require any such person to file a clear recent photograph of himself and be fingerprinted; and the police department within such period of time shall file a report of its investigation with the license collector. The photographs, fingerprints and all data shall be filed with the permanent records of the police department.

(Ord. No. 1670, § 2, 4-22-85)

(a) If the report of an investigation pursuant to section 15-11.4 reveals that any applicant or agent or employee has been convicted in any court of any state of the United States or in any court of the United States of:

(1) Robbery,

(2) Burglary;

(3) Fraud or embezzlement,

(4) Grand theft,

(5) Offenses involving narcotic drugs,

(6) Contributing to the delinquency of a minor;

(7) Any sex offense listed in section 290 of the Penal Code,

no hypnotist permit shall be issued to such person and no business license shall be issued covering the activities of such person.

(b) If such report does not reveal any conviction in subsection (a) or if the police department so recommends, the requested hypnotist's permit and business license shall be issued immediately. If no report is received within the ten (10) day period, the permit and license shall be issued.

(Ord. No. 1670, § 2, 4-22-85)

The provisions of this chapter shall not apply to those persons practicing hypnotism solely for commercial entertainment purposes.

(Ord. No. 1670, § 2, 4-22-85)

(a) It shall be unlawful to operate any type of motorized vehicle, as defined in section 415 of the Vehicle Code of the state, upon the private property of another without first obtaining the written permission of such owner.

(b) Persons who obtain permission from private property owners to operate motorized vehicles thereon shall maintain in their possession such written permission at all times when operating motorized vehicles on such private property.

(c) This section in no way prohibits the use of such private property by:

(1) Emergency vehicles;

(2) Vehicles of commerce in the course of the conduct of normal business;

(3) Vehicles being operated on property devoted to commercial purposes where the general public is expressly or impliedly invited to such property;

(4) Vehicles operated on property actually used for residential purposes and where such vehicle is there at the express or implied invitation of the owner or occupant.

(Code 1960, § 4134)

(a) When signs not less than seventeen (17) by twenty-two (22) inches in size with lettering not less than one (1) inch in height have been erected on any off-street parking facility, whether privately or publicly owned, giving notice of the prohibition contained in this section, it shall be unlawful for any person to park (as that term is defined in section 463 of the Vehicle Code) any motor vehicle upon any off-street parking facility, whether publicly or privately owned, for the purpose of selling or offering the vehicle for sale.

(b) If a sign containing the words "for sale" or words of similar import is displayed on or within a motor vehicle parked upon an off-street parking facility, whether publicly or privately owned, it shall be presumed that the registered owner has parked the vehicle for the purpose of selling it or offering it for sale.

(c) Notice of violation of the provisions of this section shall be issued in accordance with section 41103 of the Vehicle Code. Section 41102 of the Vehicle Code shall apply to any prosecution of the registered owner charging a violation of this section.

(Code 1960, § 4134.1; Ord. No. 1279, § 1, 11-10-75)

Cross reference— Traffic regulations, ch. 22.

(a) No owner or occupant of any parcel of real property zoned for residential purposes shall maintain or permit to remain for more than twenty-four (24) hours within the front yard or within that portion of the side yard or rear yard abutting on a public street and exposed to public view from any public street:

(1) Any automobile, motorcycle, boat or other conveyance in a state of being inoperative, repaired, dismantled, immovable, assembled or disassembled;

(2) Any discarded, useless and unusable object, material or equipment;

(3) Any pile or accumulation of lumber or building materials; provided, however, that, this subparagraph (3) shall not apply to any parcel upon which a building is in the process of construction;

(4) Any junk, trash, weeds, cut or dead grass or plants, or debris unless the same be placed or contained in a proper and lawful container in compliance with the provisions of this Code relating to garbage, refuse and rubbish.

(b) As used in this section, a front yard shall refer to all yard space in front of the main building on the lot and the projection of the front line thereof to the side lines of the lot. Rear yard shall refer to all yard area to the rear of the main building on the lot and the projection of the rear line thereof to the side lines of the lot. Side yard shall refer to all yard area to either side of the main building on the lot. All such yards shall include the yard space on the lot whether or not it is less or greater than the yard space required by the zoning chapter.

(Code 1960, § 4135)

Landscaping installed on any lot, parcel or piece of real property pursuant to:

(a) The requirements of any resolution adopted by the planning commission; or

(b) The requirements of a precise plan of design approved under chapter 26 of this Code;

shall be continuously maintained by the owner or other person in possession or control of such lot, parcel or piece of real property.

(Code 1960, § 4140)

(a) The owner or other person in possession or control of any lot, parcel or piece of real property shall continuously maintain any landscaping in any public right-of-way which is part of or contiguous to such lot, parcel or piece of real property.

(b) The provisions of this section do not require the maintenance of roadside trees or landscaping in the median strip of any street.

(Code 1960, § 4141)

No person shall urinate or defecate upon his or her private property in an area exposed to public view or upon any other private property or public property, including but not limited to streets, sidewalks, alleys, parks, or other public places except into a fixture designed for the purpose and located within a restroom. A violation of this section shall be an infraction.

(Ord. No. 1824, § 2, 10-9-89)

(a) In addition to the provisions of section 15-8 of this Code and except as provided in subsection (b) it is unlawful for any person, under the age of eighteen (18), who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place during the hours of 8:30 a.m. and 1:30 p.m. or during other hours as designated by the respective school district on days when school is in session.

(b) The provisions of this section do not apply when the minor is accompanied by his or her parents, guardian or other adult person having the care and custody of the minor, or when the minor is on an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor or when the minor is going or coming directly from or to their place or gainful employment or to and from a medical appointment or students who have permission to leave campus for lunch or school related activity and have in their possession a valid, school issued, off-campus permit.

Editor's note— Ord. No. 2475, § 2, adopted Feb. 2, 2021, repealed § 15-19, which pertained to sex offender residency restrictions and derived from Ord. No. 2322, §§ 1—6, 9-5-17.

(a) For purposes of this section:

(1) "Unmanned aircraft" shall mean an aircraft, including, but not limited to, an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft at an elevation below four hundred (400) feet.

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

(3) "Person" shall have the same meaning as set forth in section 1-19 of this Code.

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

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

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

(b) The following shall apply to the operation of any model aircraft within the City of West Covina:

(1) No person shall operate any model aircraft within the City of West Covina in a manner that interferes with manned aircraft, and shall always give way to any manned aircraft.

(2) No person shall operate any model aircraft within the City of West Covina beyond the visual line of sight of the person operating the model aircraft. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the model aircraft. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight. Visual line of sight means that the operator has an unobstructed view of the model aircraft. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from the model, do not constitute the visual line of sight of the person operating the model aircraft.

(3) No person shall operate any model aircraft within the City of West Covina other than during daylight hours defined as between official sunrise and official sunset for local time.

(4) No person shall operate any model aircraft within the City of West Covina more than four hundred (400) feet above the earth's surface.

(5) Excluding takeoff and landing, no person shall operate any model aircraft within the City of West Covina closer than twenty-five (25) feet to any individual, except the operator or the operator's helper(s).

(c) The following shall apply to the operation of any model aircraft or civil UAS within the City of West Covina at an elevation below four hundred (400) feet:

(1) No person shall operate any model aircraft or civil UAS within the City of West Covina in a manner that is prohibited by any federal statute or regulation governing aeronautics.

(2) No person shall operate any model aircraft or civil UAS within the City of West Covina in violation of any temporary flight restriction (TFR) or notice to airmen (NOTAM) issued by the Federal Aviation Administration.

(3) No person shall operate any model aircraft or civil UAS within the City of West Covina in a careless or reckless manner so as to endanger the life or property of another. The standard for what constitutes careless and reckless operation under this section shall be the same as the standard set forth in any federal statutes or regulations governing aeronautics including, but not limited to, Federal Aviation Rule 91.13.

(d) (1)

No person shall use an unmanned aircraft to record or transmit any visual image or audio recording of any other person or private real property located in the City of West Covina under circumstances in which the subject person or occupant of the subject real property has a reasonable expectation of privacy (including, but not limited to, inside a private residence or office, and inside an enclosed yard).

(2) This subsection shall not prohibit the use of any model aircraft, which is flown in compliance with section 336 of the FAA Modernization and Reform Act of 2012 and which does not transmit or record visual images or audio recordings of any person or real property located in the city.

(e) No person shall operate an unmanned aircraft in the following places in the City of West Covina:

(1) Any public or private school, including pre-schools, during school hours;

(2) The West Covina Civic Center;

(3) Any West Covina fire station;

(4) Within one hundred (100) feet of any public safety radio sites;

(5) Over a publicly advertised city-sponsored event on city property without the advance approval in writing of the police chief or his authorized delegate.

(f) This section shall not prohibit the use of any public UAS:

(1) If a warrant is issued authorizing the use of an unmanned aircraft;

(2) For the purpose of providing emergency management, fire, or police protection services in response to a life threatening emergency, or for surveying the condition of persons or property during a duly declared state of emergency; or

(3) Under circumstances where a warrant would not otherwise be required by law.

(Ord. No. 2331, § 1, 1-16-18)