Yuba City Municipal Code Art. 4 Additional Nuisance Related Activities

It shall be unlawful for a person to stand or sit idly in or upon any street, alleyway or sidewalk in a manner that hinders or obstructs the passage of persons passing along the same, or stand in or at the entrance of or approach to any church, hall, theater, public place, or public assemblage in any manner to obstruct such entrance or approach.

(Ord. No. 010-20, § 2, 9-15-2020)

No person shall make in any public place, including but not limited to parks, greenways, landscaping medians, common city spaces, streets, sidewalks and/or alleyways, or suffer to be made on his/her premises or upon the premises under his/her control, any disorder or tumult to the disturbance of the public peace; and no person shall utter in the presence of two or more persons lewd or obscene words or epithets or address to another any words, language, or expressions having a tendency to create a breach of the peace. "Disturbance" and "breach of the peace" mean causing an annoyance or engaging in disorderly conduct or interfering with the peace and order of a neighborhood, community, or meeting.

(Ord. No. 010-20, § 2, 9-15-2020)

A gathering of five or more persons on any public or private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law shall be considered a nuisance subject to the abatement and cost recovery procedures set forth in this chapter and any other available enforcement mechanisms. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace, litter. In addition to the remedies provided for in this chapter, a gathering constituting a public nuisance may be abated by the City by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable local laws and State statutes.

(Ord. No. 010-20, § 2, 9-15-2020)

No person, except with legal authorization or authority, shall disturb or interrupt any school procession, funeral or funeral procession, or any lawful procession, church service, or assembly of people.

(Ord. No. 010-20, § 2, 9-15-2020)

No person shall evacuate their bowels or bladder in any public place, or upon any private property, at a place not provided for that purpose.

(Ord. No. 010-20, § 2, 9-15-2020)

No person shall bathe or swim in any ditch, canal or fountain within the City.

(Ord. No. 010-20, § 2, 9-15-2020)

(a) Findings and purpose. The streets within the City have been the site of continuing and escalating illegal street races, exhibitions of speed, and automobile performance demonstrations and other activities known as "side shows" over the past several years despite asserted efforts of law enforcement agencies to prevent and otherwise abate these illegal activities through the enforcement of existing traffic laws and the City's Code. Such illegal motor vehicle speed contests, exhibitions of speed, and side shows constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City. Illegal motor vehicle speed contests, exhibitions of speed, and side shows are fueled by the presence of spectators and create an environment in which these, as well as other, illegal activities can flourish.

Additionally, illegal motor vehicle speed contests, exhibitions of speed, and side shows cause considerable damage to streets and other property in the City, often requiring expenditure of public funds to make necessary repairs.

Therefore, the intent and purpose of this section is to discourage illegal motor vehicle speed contests, exhibitions of speed, side shows, and the presence of spectators by declaring such activities, and the instruments for carrying them out, as nuisances. This chapter targets a very clear and limited population and gives prior notice to residents and visitors as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races, exhibitions of speed, and sideshows, will be discouraged. In authorizing seizure and civil forfeiture of vehicles used in motor vehicle speed contests, exhibitions of speed, and sides shows, the act of organizing and participating in illegal streets races, exhibitions of speed, and sideshows, will be discouraged.

The ordinance codified in this section is not intended to preempt State law governing the regulation of speed contests, exhibitions of speed, or side shows, but rather compliment such laws by prohibiting spectators at such events, and providing for civil forfeiture of vehicles used in furtherance of these illegal activities.

(b) Definitions. For purposes of this chapter, the following definitions shall apply, except where the context clearly indicates a different meaning:

"Motor vehicle" shall have the same definition as Section 670 of the California Vehicle Code, and shall include, without limitation, any automobile, racing car, motorcycle, motorized scooter, or other self-propelled vehicle, whether or not the same is licensed by the State to operate on public streets.

"Motor vehicle speed contest" shall have the same definition as Section 23109(a) of the California Vehicle Code, and shall include any race, speed, or other contest involving one or more motor vehicles, or in which a motor vehicle is timed for operation over a measured distance, and includes exhibitions of speed.

"Preparations" means those preparations for the illegal motor vehicle speed contest or exhibition of speed, including, but not limited to, situations in which:

1. A group of vehicles or individuals has arrived at a location for the purpose of participating in or being spectators at the event;

2. A group of individuals has lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the events;

3. A group of individuals has gathered on private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event;

4. One or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event;

5. Two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed;

6. One or more drivers is revving his or her engine or spinning his or her tires in preparation for the event; or

7. An individual is stationed at or near one or more motor vehicles serving as a race starter.

"Side show" shall have the same definition as Section 23109(i), and shall include any motor vehicle performance demonstration that is not otherwise a motor vehicle race.

"Spectator" means any individual who is present at an illegal motor vehicle speed contest, exhibition of speed, or sideshow, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. The term "spectator" includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.

(c) Unlawful conduct prohibited; nuisance declared. It is unlawful for any person to operate, conduct, maintain, promote, participate, engage in, or be a spectator at any motor vehicle speed contest or side show within the City, unless such activity is expressly allowed by City permit or occurs in a facility permitted for such activity. Such conduct constitutes and may be prosecuted as a misdemeanor for criminal enforcement purposes.

(d) Vehicles in furtherance of violation; nuisance declared. Any motor vehicle used in furtherance of a motor vehicle speed contest or side show is declared to be a nuisance. Any motor vehicle present during preparations for a motor vehicle speed contest or side show intended for use in such an event is declared to be a nuisance. Declaration of this nuisance is made in accordance with the authority granted to the City in California Government Code Section 38771, and as amended from time to time.

(e) Violations; administrative citation.

(1) Any person who participates in a motor vehicle speed contest or side show on a public street, highway, or property, or on private property open to the general public without the consent of the owner, operator, or agent thereof, violates this section.

(2) Any person who is knowingly present as a spectator of a vehicle speed contest or side show on a public street, highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof during such event, or when and where preparations are being made for such events, violates this section.

(3) Law enforcement shall also have the authority to issue an administrative citation for any violation of this section.

(4) An individual is present at the illegal motor vehicle speed contest or sideshow, or during preparations therefore, if that individual is within 500 feet of the location of the event, or within 500 feet of the location where preparations are being made for the event, with the intent to take part therein or otherwise be a spectator therefor.

(5) Nothing in this section prohibits law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or sideshows in the course of their official duties.

(f) Violations; nuisance abatement; nonexclusive remedy. Any violation of this section constitutes a nuisance subject to abatement in accordance with this chapter, or pursuant to any other administrative, civil, and/or criminal remedy the City may elect. Enforcement under this chapter is not the exclusive remedy or penalty for violations, but rather supplements and is in addition to any other applicable local, State, or federal law.

(g) Enforcement costs; attorney's fees. In any action to abate a nuisance under this section, if the City is the prevailing party in any administrative, civil, and/or criminal action, it will seek recovery of enforcement costs, including attorney's fees and costs, as permitted by law.

(h) Impounding and forfeiture of nuisance vehicles. A motor vehicle used in connection with a violation of this section is declared as a nuisance, may be impounded, and may be subject to forfeiture as set forth in this section.

(i) Impound procedure. The Chief of Police or their designee shall adopt or promulgate procedures for any impound of a motor vehicle carried out under this section. Such procedures shall include provisions for the holding of motor vehicles impounded pursuant to this section and held as evidence in any proceeding brought by the City Attorney or District Attorney.

(j) Forfeiture; notice of intended forfeiture of motor vehicle.

(1) The Chief of Police or their designee may make a determination of whether a motor vehicle impounded pursuant to this section shall be subject to forfeiture as a nuisance abatement measure. Such a determination shall be made in writing and based upon articulable factual circumstances demonstrating that not forfeiting the impounded vehicle is reasonably likely to cause or contribute to a future violation of this section. All Police Department reporting made in connection with the initial impound of the subject motor vehicle shall be prima facie evidence to support the impound, however, the Chief of Police or their designee shall bear the initial burden of demonstrating the factual basis for forfeiture.

(2) Written notice of the determination of intended forfeiture shall be served on the registered owner(s), the operator or person with apparent custody of the motor vehicle at the time of impound, and any lien holder for the motor vehicle. Written notice shall be by certified mail, return receipt requested, and shall be effective upon deposit in the mail. If a recipient refuses delivery, refuses return receipt, or is intentionally not otherwise available, service may be accomplished by personal service, with the costs of such personal service to be charged to the party avoiding service, which shall be payable to the City immediately, and in any event, no later than the due date for submission of a timely appeal, regardless of whether an appeal is requested. Any cost for personal service still owing and due thereafter shall be a debt owed to the City, subject to collection under this Code or other law for the collection of debts.

(k) Appeal of forfeiture determination. Any recipient of the notice of determination from the Chief of Police or their designee may appeal the determination by submitting a request for appeal in writing, along with an appeal fee as set by the City's fee schedule, to the City Clerk, within ten days of the date of notice of determination. If the appeal and appeal fee are not received within the appeal period, any potentially appealing party will be deemed to have failed to exhaust their administrative remedies, and the determination of the Chief of Police shall become a final administrative determination and order for forfeiture. Appeals must include detailed factual information as to why the determination of intended forfeiture was incorrectly reached.

(l) Appeal; independent hearing officer.

(1) If a timely appeal and fee are presented, an appeal hearing shall be scheduled before an independent hearing officer within 30 days of the date the timely appeal and fee are received by the City. The appeal period may be extended by mutual written agreement.

(2) The hearing officer shall consider all documents relied upon by the Chief of Police or their designee in reaching the determination of intended forfeiture, the notice of intended forfeiture, any timely appeal(s), and any additional information or testimony provided at the appeal hearing. At least five days prior to the appeal hearing, the appealing party shall be provided with a copy of all written information provided to the hearing officer.

(3) The appealing party shall have the opportunity to present additional documents and witnesses and evidence in support of their appeal. If presenting additional documents and evidence, the appealing party must provide a copy to the hearing officer and to the Chief of Police or their designee.

(4) An appealing party may elect to have legal counsel present to assist with presentation of the appeal. Any failure by any appealing party to have legal counsel present shall constitute a waiver of any right to legal counsel, if any.

(5) The Chief of Police or their designee may have an attorney from the City Attorney's office present to assist with opposing the appeal.

(6) The appeal hearing shall be informal and will not be subject to the formal rules of evidence. The hearing officer shall not have the power to consider any motion made pursuant to Evidence Code section 1043 et seq.

(7) The hearing may be recorded. Anyone requesting a copy of the recording shall bear their own costs for the copy requested. Any appealing party may provide a certified shorthand reporter at the appeal hearing at their own cost for purposes of creating a transcript of the appeal hearing. Anyone requesting a transcript of proceedings prepared by a certified shorthand reporter shall bear their own costs.

(8) The hearing officer may continue the hearing and request additional information from either party prior to issuing a written decision.

(9) After considering all of the evidence and testimony submitted during the appeal hearing, the hearing officer shall issue a written decision and determination within ten days of the hearing to uphold or deny the determination of intended forfeiture. The written decision of the hearing officer shall include the reasoning and factual basis for the decision and shall be final upon issuance.

(i) If the hearing officer upholds the determination of intended forfeiture, the Chief of Police or their designee may proceed with any of the forfeiture methods provided in this section.

(ii) If the hearing officer overturns the determination of intended forfeiture, the subject motor vehicle shall not be forfeited, and the appealing party may contact the Police Department to arrange for release of impounded motor vehicle. Any successful appeal does not relieve the appealing party from payment of all fees, fines, costs, and penalties that may be associated with the motor vehicle impound. The successful appealing party shall be entitled to a refund of the appeal fee. A successful appeal does not constitute a finding that the appealing party was a prevailing party for purposes of recovery of attorney's fees and costs.

(m) Administrative forfeiture. If no timely appeal and appeal fee are received, the Chief of Police or their designee shall provide a notice of administrative forfeiture for the subject motor vehicle by certified mail within ten days after the appeal period. The notice of administrative forfeiture shall provide all relevant information for the subject motor vehicle to effectuate a change in ownership under current California Department of Motor Vehicles regulations. A notarized copy of the notice of administrative forfeiture under this section shall be deemed good and sufficient evidence of title to the forfeited vehicle in favor of the City.

(n) Appeal of hearing officer determination. Any party to an appeal hearing may appeal the decision of the hearing officer in accordance with Government Code section 53069.4. The prevailing party in any such appeal shall be the prevailing party for purposes of recovery of attorney's fees and costs.

(o) Payment of fines, fees, penalties, and charges. All towing and storage charges, fines, fees, penalties, and/or any other administrative costs authorized pursuant to California Vehicle Code section 22850.5 and this Code, must be paid, regardless of appeal outcome, unless otherwise excused, waived, or released by the City.

(p) Motor vehicle title vesting in the City. All right, title, and interest in the subject motor vehicle shall vest in the City upon the expiration of the time to appeal if a timely appeal and appeal fee are not received; upon expiration of the time set forth in California Government Code section 53069.4 or upon expiration of the time set forth in California Code of Civil Procedure section 1094.6 for any decision made by the hearing officer on a timely appeal.

(q) Sale of forfeited vehicle after final determination of forfeiture. Any motor vehicle for which a final determination of forfeiture has been made pursuant to this section or court order may be sold.

(r) Disposition of low-value vehicles. If the Chief of Police or designee determines that a motor vehicle subject to a final determination of forfeiture is of so little value that it cannot be readily sold to the public generally, the vehicle may instead be conveyed to a licensed dismantler or donated to a reputable charitable organization. License plates shall be removed from any motor vehicle conveyed to a dismantler pursuant to this section.

(s) Distribution of sale proceeds.

(1) The proceeds of a sale of a forfeited motor vehicle shall be disposed of in the following priority:

(i) To satisfy the towing, storage and administrative costs following impoundment, the costs of providing notice required in this section, the costs of sale, and the unfunded costs of judicial proceedings, if any; then

(ii) To satisfy City legal expenditures, made or incurred by the City Attorney's office in connection with the enforcement of this section, including, but not limited to, costs for investigation, litigation, and notices resulting from enforcement of this section; then

(iii) To local law enforcement for all expenditures, other than personnel costs, made or incurred in connection with enforcement of this section, including, but not limited to, costs for equipment, investigation, and supplies related to enforcement; provided, however, that any overtime costs incurred by local law enforcement resulting from such enforcement of this section will be reimbursed to the corresponding City account; then

(iv) To the City for all expenditures incurred by the Public Works Department for the necessary repairs to any public streets or intersections damaged as a result of the activities proscribed by this section; then

(v) Upon satisfactory proof to the Director of Finance, to the legal owner or primary lien holder in an amount to satisfy the indebtedness owed and remaining as of the date of sale, excluding any accrued interest or finance charges and delinquency charges, providing that the principal indebtedness was incurred prior to the date of impoundment; then

(vi) To the City's general fund.

(t) Destruction of forfeited motor vehicles. A vehicle may be destroyed only if the condition of the vehicle warrants destruction and there are no lien holders or claimants who did not know that the vehicle was used for a purpose that constitutes a violation of this section.

(u) Prohibition of transfer of forfeited motor vehicles to specified parties. A forfeited vehicle shall not be sold to any person who has violated this section in the past five years or their immediate household. Any person who knowingly facilitates any kind of transfer of right, title, or possession of a motor vehicle forfeited under this section to any person who has violated this section in the past five years or their immediate household is guilty of a misdemeanor.

(v) Accounting of sale proceeds. The Police Department shall maintain records of all proceeds of sales of forfeited motor vehicles under this section according to the City records retention policy in effect at the time of the sale.

(w) Stolen vehicles. The forfeiture provisions of this section shall not apply to impounded motor vehicles that had been reported stolen prior to the date of impound.

(x) Equitable sharing. Noting in this section precludes the use of equitable sharing in accordance with SB 443, as applicable.

(Ord. No. 010-20, § 2, 9-15-2020; Ord. No. 010-23, § 2, 9-5-2023)

(a) Prohibited acts. It is unlawful for any person who is a member of a criminal street gang, as that term is defined in California Penal Code § 186.22(f), or who is in the company of or acting in concert with a member of a criminal street gang, to loiter or idle in a public place as defined in this section under any of the following circumstances:

(1) With the intent to publicize a criminal street gang's control or dominance over certain territory in order to intimidate nonmembers of the gang from entering, remaining in, or using the public place or adjacent area.

(2) With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.

(3) In such a manner that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable the criminal street gang to establish control or dominance over the public place or adjacent area, to intimidate nonmembers of the gang from entering the public place or adjacent area, or to conceal unlawful activity.

(b) Public place. For purposes of this section, a "public place" means the public way and any other location open to the public, whether publicly or privately owned, including but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment, office building, transport facility, shop, or privately owned place of business to which the public is invited, including any place of amusement, entertainment, or eating place.

"Any public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment.

(c) Powers of law enforcement officers not limited. Nothing in this section shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention or arrest as such law enforcement officer would be permitted to make in absence of this section.

(d) Parental control. Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits or by insufficient control allows a minor to violate the provisions of this chapter is guilty of a misdemeanor subject to the penalties set forth in this chapter and/or the Yuba City Municipal Code, including, but not limited to Section 1-2.02.

(e) Penalties: Notice to disperse. Any person who violates a provision of this section is guilty of a misdemeanor subject to the penalties set forth in this chapter and/or the Yuba City Municipal Code, including, but not limited to Section 1-2.02. Minors shall be dealt with in accordance with the California Welfare and Institutions Code and in accordance with any policies and procedures established by the City for handling juvenile cases.

Prior to arresting any person or issuing a citation for violating the provisions of this section, the officer shall give the person an opportunity to disperse or remove themselves from the area. If the person does not leave or returns to the area during the following eight hours, the person may be arrested or issued a citation.

The requirement in this section to provide notice to disperse shall in no way be construed to prohibit law enforcement officers from detaining and questioning persons suspected of violating this chapter before issuing the notice to disperse.

(Ord. No. 010-20, § 2, 9-15-2020)

It shall be unlawful for any person to keep or maintain a public nuisance in the City. For the purposes of this section, public nuisances shall include, but not be limited to, any of the following:

(a) Attractive nuisance. An attractive nuisance, defined as any condition, instrumentality or machine which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it, whether in a building or on the premises.

(b) Conditions declared a nuisance by City Council. Any condition declared to be a public nuisance by the City Council.

(c) Civil Code Section 3480, Nuisance. Acts constituting a public nuisance as defined by Civil Code § 3480.

(d) Depreciation of property value. Maintenance of property in such condition of deterioration or disrepair that the same causes depreciation of the value of surrounding property or is materially detrimental to nearby properties and improvements.

(Ord. No. 010-20, § 2, 9-15-2020)

Any violation(s) of the Yuba City Municipal Code shall be a public nuisances subject to provisions of this chapter.

(Ord. No. 010-20, § 2, 9-15-2020)

Any violation(s) of a State of California or Sutter County Emergency Order and/or Declaration shall constitute a public nuisances subject to provisions of this chapter.

(Ord. No. 010-20, § 2, 9-15-2020)

(a) Whenever the required abatement is not commenced or completed within the time limits prescribed in a compliance order or administrative penalties and abatement order and a building is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the public or its occupants, or if the City's Building Official determines that abatement of a building cannot be accomplished without making it immediately dangerous to life, limb, property, or safety of the public or its occupants, the Building Official shall order the building to be vacated pursuant to a notice to vacate.

(b) Every notice to vacate ordered shall be served pursuant to the requirements of this chapter, and shall also be posted at or upon each exit of the building or upon any individual unit to be vacated in substantially the following form:

DANGEROUS BUILDING

DO NOT ENTER

UNSAFE TO OCCUPY

You are hereby ordered and required to vacate this building/premises on or before _______.

The conditions that necessitate this order to vacate are as follows: _______. It is a misdemeanor pursuant to Yuba City Municipal Code Sections 4-8.412(d) and 4-8.503 to occupy this building on or after the above date or to remove or deface this notice.

Building Official

City of Yuba City

By _______.

(c) Whenever a notice to vacate is posted, the enforcement officer shall specify in the notice and order to vacate the conditions that necessitate an immediate notice to vacate.

(d) No person shall remain in or enter any building, structure, or premises that have been so posted, except that entry may be made to abate the property or building under permit without the consent of the Building Official. No person shall remove or deface any such notice after it is posted until the required abatement has been completed, and a certificate of occupancy issued pursuant to the provisions of the Yuba City Municipal Code, the Uniform Code for the Abatement of Dangerous Buildings, California Health and Safety Code, and the California Building Code, if necessary. Any person violating this subsection shall be guilty of a misdemeanor.

(e) The Building Official may permit occupancy of the building or individual units if the owner corrects those problems which pose an immediate danger to life, limb, property, and safety of the public or occupants.

(f) Whenever a notice to vacate has been posted and served in accordance with this subsection, the Building Official may order the immediate disconnection of any utility services determined to be hazardous by the Building Official. If the sewer service is ordered disconnected pursuant to this section, City water service to such building shall also be disconnected in order to prevent the accumulation of sewage on such premises. It is unlawful and a misdemeanor for any person to fail to disconnect utility services when ordered to do so pursuant to the provisions of this subsection.

(g) Prior to issuing a notice to vacate, the Building Official shall obtain approval of the City Attorney or his or her representative.

(Ord. No. 010-20, § 2, 9-15-2020)