Chapter 10 — Windsor Zoning Code

MISCELLANEOUS PROHIBITIONS

Article 1.

Littering

3-10-100 Littering of Public Property. ¶

a. The Town shall pay a reward of one hundred fifty ($150.00) dollars to each person who furnishes information leading to the arrest, prosecution and conviction of any person violating the provisions of Penal Code Section 374(b) or Vehicle Code Section 23112 to the extent that those sections prohibit the littering of public property.
b. A person, other than a Police Officer, qualifies for payment of such reward by complying with each of the following requirements:
1. Personally observe the violation;
2. Make a prompt record of such violation to any appropriate enforcement agency having jurisdiction;
3. Give sufficient identifying information to enable the law enforcement agency to identify the violator;
4. At all times stand ready, willing and able to sign a misdemeanor complaint charging the violator with the offense, and to testify on behalf of the people of the State at any judicial proceedings;
5. Certification by the District Attorney to the Town Manager that the person claiming the reward is in full compliance with this section.
c. The reward payable under this section shall only be payable if the conviction is obtained, and no more than one hundred fifty ($150.00) dollars shall be paid for each such conviction.
(Ord. No. 92-22 § 2 (part))

Article 2.

Loitering and Curfew for Minors

3-10-200 Curfew for Minors. ¶

a. It shall be unlawful for any minor under the age of eighteen (18) to remain in or upon any public place, street, highway or roadway between the hours of 11:00 p.m. and 6:00 a.m. on Sundays through Thursdays and between the hours of 12 a.m. (midnight) and 6:00 a.m. on Fridays and Saturdays. "Public place" shall include all roads, alleys, parks, playgrounds, or public buildings, public places or vacant lots.
b. The provisions of subsection a. of this section shall not apply in the following circumstances:
1. When a minor is accompanied by his/her parent(s), legal guardian(s), or other adult whose care and custody the minor has been entrusted.
2. When a minor is carrying out an emergency errand or legitimate business as directed by his/her parent(s), legal guardian(s), or other adult whose care and custody of the minor has been entrusted, or when the minor is on legitimate business as determined by the detaining officer.
3. When a minor is returning directly home from a lawful meeting, recreational activity or place of employment.
4. When a minor is a passenger or driver in a moving vehicle.
5. When a minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly.
c. Any minor violating this ordinance may be detained while the minor's parent(s), guard-

3-34.10

(Supp. No. 50)

PUBLIC WELFARE

3-10-315

ian(s), or other adult whose care and custody of the minor has been entrusted are being immediately contacted. This authority section may be instituted under and pursuant to the provisions of the Welfare and Institutions Code of the State of California. In addition, any minor violating the provisions of Sections 1 or 2 of the ordinance codified in this section, shall be dealt with in accordance with the Juvenile Court of Law of the State of California.

(Ord. No. 96-72 § 1; Ord. No. 97-100 § 2; Ord. No. 97-101 § 2)

Article 3.

Removal of Certain Trees

b. Town Employees. Employees or those acting at the direction of the Town may take any action with regard to Town-owned property as may be in the best interests of the Town.
c. Public Utilities. Public utilities or persons acting pursuant to a franchise granted by the Town may take any action as may be necessary to serve and protect utilities or otherwise comply with safety regulations of the Public Utilities Commission or other regulatory body.
d. Public Agencies. Any other public agency within the Town of Windsor is exempt from the provisions hereof with respect to its property.

3-10-300 Application. ¶

This article shall apply to every owner of real property within the Town and to every person responsible for removing a tree regardless of whether such person is engaged regularly in a tree removal business. (Ord. No. 95-68 § 2)

e. Permit. Any person otherwise subject to the provisions of this article may request a removal permit from the Town Manager or his designee, based upon information provided by a certified arborist that the tree is dead, dying, potentially hazardous or does not have significant aesthetic value.

3-10-305 Removal of Certain Trees. ¶

Except as provided herein, it is unlawful for any person to destroy or remove, or cause to be destroyed or removed any tree meeting the following standard: Twelve (12 ) inches in diameter at the breast height calculated by measuring the circumference at four and one-half (4[1] /2') feet above ground and dividing by three point fourteen (3.14). (Ord. No. 95-68 § 3)

3-10-315 Exceptions. ¶

The provisions of this article shall not apply to any of the following:

a. Emergencies. If the condition of the tree presents an immediate hazard to life or property, it may be removed on order of the Town Manager or his designee.
- f. Previously Approved Projects. Any person who has previously obtained authorization to remove any tree as part of a tree preservation plan, which may include depiction of building envelopes on individual lots; a mitigation and monitoring plan; a condition of tentative subdivision or parcel map approval may remove such tree or trees.
g. Proposed Projects. Any person who proposes a development project may request the removal of certain trees designated under Section 3-10-305 of this section herein based on a finding that removal of the tree(s) is necessary for the normal use and enjoyment of the property to the satisfaction of the Planning Commission.
(Ord. No. 95-68 § 4)

3-34.11

(Supp. No. 50)

3-10-320

TOWN OF WINDSOR CODE

3-10-320 No Liability of the City. ¶

Nothing in this article shall be deemed to impose any liability upon the Town, its offices or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees upon his/her property or upon a public right-of-way over his/her property. (Ord. No. 95-68 § 5)

the senses of members of the public who wish to use and enjoy the places and who are unwillingly exposed to such conduct, is offensive to

3-10-325 Violation. ¶

The violation of any provision of this article is hereby declared unlawful and shall constitute a misdemeanor and a public nuisance. (Ord. No. 95-68 § 6)

Article 4.

Reserved Article 5.

Reserved

Article 6.

Nudity

3-10-600 Nudity Prohibited on Public Property and on Private Property Open to Public View. ¶

a. The Town Council hereby finds and declares that the parks, playgrounds, beaches and places hereof shall be available for the use, benefit, recreation and enjoyment of all citizens and residents of this Town; it is in the public interest, and necessary to the public health, safety and welfare that those places be utilized and enjoyed by as many persons as possible; the presence of persons in a state of nudity on any public property or on any private property open to public view from any public beach, playground, park, public place or public rightof-way, unreasonably interferes with the right of all persons to use and enjoy the places, discourages the use and enjoyment of the places, creates a nuisance, and is offensive to

3-34.12

(Supp. No. 50)

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PUBLIC WELFARE

3-10-2100

3-10-1920 Commercial Alarms—Determining Responsibility. ¶

In determining responsibility for commercial alarms, the person or persons who contract with the alarm company for service to that alarm system or the owner, lessee or occupant of the structure in which the alarm is installed and who maintains control of said alarm shall be ultimately responsible for that alarm system. (Ord. No. 97-103 § 1 (part))

3-10-1925 Residential Alarms—Determining Responsibility. ¶

Responsibility for the alarm system in singlefamily or multifamily residential dwellings shall rest with the person or persons who contract with the alarm company for service to that alarm system, or the owner, lessee, or occupant of the structure in which the alarm is installed and who maintains control of said alarm. (Ord. No. 97-103 § 1 (part))

3-10-1930 Appeals. ¶

Any person aggrieved by a determination made pursuant to any provisions of this article may appeal such a decision to the Chief of Police. Such appeal shall be taken by filing a written notice of appeal with the Town Clerk within seven (7) calendar days of the date of the decision and shall set forth the grounds for the appeal. The Chief of Police shall set a time and place for hearing the appeal which shall be scheduled within ten (10) working days from receipt of the notice or appeal or as soon thereafter as may be reasonable and agreeable to the parties. The decision of the Chief of Police shall be final and conclusive. For purposes of this section, the term "Chief of Police" shall include his or her designee. (Ord. No. 97-103 § 1 (part))

MISCELLANEOUS PROHIBITIONS

Article 1.

Littering

3-10-100 Littering of Public Property. ¶

Article 2.

Loitering and Curfew for Minors

3-10-200 Curfew for Minors. ¶

Article 3.

Removal of Certain Trees

3-10-300 Application. ¶

3-10-305 Removal of Certain Trees. ¶

3-10-315 Exceptions. ¶

3-10-320 No Liability of the City. ¶

3-10-325 Violation. ¶

Nudity

3-10-600 Nudity Prohibited on Public Property and on Private Property Open to Public View. ¶

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3-10-1920 Commercial Alarms—Determining Responsibility. ¶

3-10-1925 Residential Alarms—Determining Responsibility. ¶

3-10-1930 Appeals. ¶

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