The city declares that it desires to qualify to receive aid from the State of California under the provisions of Cal. Penal Code Chapter 1 of Title 4, Part 4. Pursuant to Cal. Penal Code § 13522 of said Chapter 1, the city, while receiving aid from the state pursuant to said Chapter 1, will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

(1995 Code, § 6.04.010)

   The Chief of Police, with the written approval of the Manager, is hereby authorized and empowered to appoint such special police officers as, in his or her judgment, may be necessary or proper, which special police officers shall have the powers and duties of regular police officers of the city.

(1995 Code, § 6.04.020)

   Any special police officer who shall be appointed at the request of any person to be employed by such person as a watchperson, or for like purposes, shall be under the supervision and direction of the Chief of Police and must comply with the regulations governing police officers of this city and shall furnish a bond for the protection of the city in an amount not less than $1,000.

(1995 Code, § 6.04.030)

   No special police officer shall receive compensation from the city except when employed as an extra police officer or engaged in the services of the city, in which event, the compensation shall be fixed by the Council.

(1995 Code, § 6.04.040)

   In this chapter, UNCLAIMED PROPERTY shall mean any and all property in the possession of the Police Department for which no claim or demand has been made and property for which no owner has been found.

(1995 Code, § 6.04.050)

   The Police Department is hereby authorized to sell, at public auction, to the highest bidder all unclaimed property which has been in the possession of the Department for a period of more than six months, upon notice of the sale given by the Chief of Police at least five days before the time fixed therefor by publishing once in a newspaper of general circulation, published in the city.

(1995 Code, § 6.04.060)

   Any unclaimed property which is not sold or which is in a dilapidated or deteriorated condition may be summarily destroyed by the Department after the public auction sale.

(1995 Code, § 6.04.070)

   (A)   The city declares that it desires to qualify to receive aid from the State of California under the provisions of Cal. Penal Code § 13522, Chapter 1 of Title 4, Part 4.

   (B)   Pursuant to Cal. Penal Code § 13510(c), Chapter 1, the Police Department will adhere to standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (POST).

   (C)   Pursuant to Cal. Penal Code § 13512, Chapter 1, the POST Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that Police Department public safety dispatcher personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training.

(1995 Code, § 6.04.080)

   All authority and responsibility previously granted by this Code to the Fire Chief or the Fire Department pertaining to Code Enforcement activities, will be granted to the Police Chief or his or her designee and the Tulare Police Department. Code Enforcement shall be authorized to enforce the provisions of all applicable state and city codes including, but not limited to, the City of Tulare Municipal Code, the California Health and Safety Code, Uniform Fire Code, Uniform Building Code, Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings, as the codes may, from time to time, be amended.

(Ord. 14-02, passed 3-18-2014)

   No person shall injure, cause to be injured or, in any manner, molest any public fountain or hydrant where water is furnished for drinking purposes, whether the same be donated to the public by individuals or societies or maintained at the public expense.

(1995 Code, § 6.08.010)

   Any person who shall engage in any disorderly or boisterous conduct; or disturb the peace of others by assaulting, striking or fighting; or be found in an intoxicated or drunken condition upon any street, thoroughfare, alley, sidewalk or other place dedicated to or in general use of the public; or who shall expose his or her person or any part thereof in any indecent or lewd manner in any public place within the city where there are other persons to be offended or annoyed thereby, shall be deemed guilty of a misdemeanor.

(1995 Code, § 6.08.020)

   No person shall occupy or obstruct any public street, alley or sidewalk, with or without any stand, box or other equipment, for the purpose of selling or soliciting the sale of any goods, wares or merchandise, or for the purpose of giving any demonstration or exhibition in connection with the sale or solicitation of the sale of any goods, wares or merchandise. No person shall be deemed to be occupying or obstructing any street, alley or sidewalk within the meaning thereof, while traveling and in motion thereon.

(1995 Code, § 6.08.030)

   No person shall solicit patronage for any hotel, vehicle or other business upon the depot platform of any railroad within the city, nor within 40 feet of the main track of the railroad without permission in writing to do so from the owner or managing agent or superintendent of the road, and then only under such restrictions as may be imposed.

(1995 Code, § 6.08.040)

   No person, unless duly authorized to do so, shall, in any manner, molest, injure or interfere with any hydrant, fireplug or other water connection in the city.

(1995 Code, § 6.08.050)

   It shall be 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 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 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 Cal. Penal Code § 415);

   (B)   Conviction of any offense requiring registration under Cal. Penal Code § 290;

   (C)   Conviction of any offense included in Cal. Health and Safety Code Division 10 or Division 10.5; or

   (D)   Repeated or frequent loitering in or about the above-described premises, without having lawful business at the premises.

(1995 Code, § 6.08.060)

   (A)   It shall be unlawful for any person to knowingly or intentionally appear in public in a state of nudity. NUDITY or STATE OF NUDITY means:

      (1)   The appearance or display of the human bare buttock, anus, male genitals, female genitals or the areola or nipple of the female breast; or

      (2)   A state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.

   (B)   This section shall not apply to children under ten years of age.

(1995 Code, § 6.08.070)

   This chapter shall be known and may be cited as the Tulare City Animal Ordinance.

(Ord. 17-13, passed 12-19-2017)

   This chapter is intended to regulate, control, and protect domestic animals within the incorporated area of the City of Tulare City. It is the policy of the city to secure and maintain such levels of animal control as necessary to protect human health and safety, to prevent property damage to the greatest extent practicable, and to prevent injury or cruelty to animal life.

(Ord. 17-13, passed 12-19-2017)

   This chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to apply to any activity which is regulated by federal or state law. This chapter shall be interpreted to be compatible with federal and state enactments, and in furtherance of the public purposes which those enactments express. Tulare City will uphold the laws of the State of California. Where the ordinances are silent, Tulare City will enforce the laws of the State of California related to the health and welfare of animals, as amended from time to time.

(Ord. 17-13, passed 12-19-2017)

   Fees shall be established by the Tulare City Council including but not be limited to, fees for impoundment, licensing, kenneling, adoption, disposal, and boarding of animals. The fees and charges established by the city are designed to recover the reasonable cost of providing said services, including administrative costs as related to said services and allowable by law.

(Ord. 17-13, passed 12-19-2017)

   Unless the provision or context requires otherwise, the definitions contained in this section shall govern the construction of this chapter. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.

      (1)   Causing fouling of the air by the unpleasant odor of accumulated fecal waste or urine. Such fouling of the air must be detected from a location or locations other than the property in question;

      (2)   Causing unsanitary conditions in enclosures or surroundings;

      (3)   Making a chronic, continuous excessively loud or disturbing noise of more than a 15-minute duration per incident, that prevents the resident or residents of any property from enjoying the full use of that property for any lawful purpose including but not limited to sleep or rest.

      This does not include periodic barking or other utterances of short duration. This list excludes agricultural operations in compliance with zoning ordinances and/or special use permits.

      (1)   If livestock, not properly fenced, or not under the control and in the immediate presence of the owner or custodian; or

      (2)   If a dog, not under physical restraint.

   HEARING. Means the process prescribed in § 6.12.360 for the redress of issues relating to or arising from the enforcement of this chapter including, but not limited to, potentially dangerous and vicious animals, permits, or such other administrative matters for which a person is entitled to an impartial third party decision maker.

   (A)   Any animal which behaves in such a manner that the owner or custodian thereof knows or should know that the animal poses a threat to public safety;

   (B)   Any animal which because of its size, training, behavior, physical nature, or vicious propensity would threaten public safety were it not controlled as prescribed in this chapter;

   (C)   Any animal which threatens or attacks any person in a manner which requires substantial defensive action by any person to prevent bodily injury;

   (D)   Any animal which threatens or attacks any other animal belonging to another when such other animal is confined upon private property or otherwise lawfully restrained and controlled.

   (A)   Any animal seized under Cal. Penal Code § 599aa and upon the sustaining of a conviction of the owner under subdivision (a) of Cal. Penal Code § 597.5;

   (B)   Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being or other animal;

   (C)   Any animal previously determined to be, and currently listed as, a potentially dangerous animal which, after its owner or custodian has been notified of this determination, continues the behavior described in the definition of “potentially dangerous animal” set out above, or is maintained in violation of Tulare City ordinances.

(Ord. 17-13, passed 12-19-2017)

   The Animal Services Manager shall supervise the Animal Shelter and all Animal Services personnel.

      (1)   To administer the Animal Shelter and keep such records as may be required;

      (2)   To take up and impound animals which are in violation of this chapter;

      (3)   To quarantine animals and to cooperate with the County Health Officer;

      (4)   To administer licensing programs as provided for in this chapter and in compliance with state and federal laws; and

      (5)   To abate animal nuisances.

      (6)   To provide a suitable building or enclosure to keep and safely hold all animals impounded pursuant to the provisions of this chapter.

      (1)   Take up and impound all animals found to be in violation of the provisions of this chapter;

      (2)   Provide all impounded animals with sufficient shelter, food and water;

      (3)   Keep such records as may be required by the Tulare City Council or any other authority;

      (4)   Carry out the provisions of this chapter and all applicable statutes of the state.

   (D)   Animal Services Officers shall have the power to issue citations pursuant to § 1.61.030 of Title 1 of the Tulare Municipal Code.

   (F)   Animal Services Officers, in the performance of their duties, shall have the authority to enter upon private property when exigent circumstances exist to prevent serious injury or death to animal or human.

      (1)   The Animal Services Manager or Animal Services Officer shall have the authority, when a clear and present danger to public safety exists and reasonable means of capture have failed, or if the animal is irremediably ill, wounded or suffering, to direct the humane euthanization of an animal in the field.

      (2)   In such cases of humane euthanization, reasonable efforts will be made to notify the owner or custodian of the animal, if one exists.

(Ord. 17-13, passed 12-19-2017)

   At the discretion of the Animal Services Manager, in lieu of a formal hearing and in conjunction with the animal’s owner, a corrective action plan may be put in place to abate animal related issues. The animal owner will be served with the corrective action plan signed by the Animal Services Manager outlining a plan of action, including but not limited to actions involving animals running-at-large, minimum shelter requirements, veterinarian care, animals worrying livestock or other animals, animal nuisance complaints, or licensing, regarding the animal or animals in question. If the owner or custodian complies with the requirements of the corrective action plan within the prescribed time period, no further action on the animal or animals will be taken and any pending action by Animal Services will cease. If the owner or custodian fails to comply with the requirements of the corrective action plan within the prescribed period, Animal Services shall resume any pending action.

   Should an owner or custodian dispute the action taken by Animal Services for the owner or custodian’s failure to comply with the corrective action plan, the owner or custodian may request a hearing and pay the applicable hearing fees. Animal Services shall schedule the hearing and provide notice to the owner or custodian, via first class mail or personal service, of the date, time and place of the hearing. Failure to appear at the hearing at the designated time and place will be deemed a forfeiture of the animal.

(Ord. 17-13, passed 12-19-2017)

   In addition to the remedies and penalties contained in this chapter, and in accordance with Cal. Government Code § 53069.4, an administrative citation may be issued for any violation of Tulare City animal ordinances. The process for the hearing, appeals and penalties are outlined in the Tulare City Municipal Code, Title 1, Chapter 1.61 .

(Ord. 17-13, passed 12-19-2017)

   (A)   The issuance by Animal Services and the acceptance by the owner of any license to keep an animal as provided for herein is prima facie evidence that the owner agrees to comply with the terms and conditions set forth in this chapter and that the owner has satisfied the basic licensing requirements under this chapter. Such issuance shall be given no evidentiary weight to indicate that the owner has conformed to zoning regulations, building regulations, health and safety regulations or to any other applicable rule, regulation or statute. For purposes of the administration of this chapter, if, pursuant to the issuance of official written notice, approval has been given by the office or agency responsible for the administration of the rule, regulation or statute in question, such approval shall be deemed prima facie evidence that the matter approved is in conformance with the rule, regulation or statute in question.

      (1)   Owners of animals kept as all or part of the stock of (a) nonprofit zoological gardens open to the public; (b) circuses; or (c) animal exhibits when such enterprises are operated under business licenses granted by the city.

      (2)   Service dogs as defined in § 6.12.050 of this chapter.

      (3)   Public safety animals such as police, rescue and drug enforcement dogs.

(Ord. 17-13, passed 12-19-2017)

   (A)   Every dog meeting the minimum age requirements to receive a rabies vaccination shall be subject to a dog license fee, due and payable by its owner or custodian within 30 calendar days of the acquisition of the dog, or entry into the city. Thereafter, such license fee shall become due and payable on the date of expiration on any license previously issued to the owner or custodian for the dog. The amount of such fee shall be established in accordance with § 6.12.040 of this chapter. No license shall be issued without evidence of a valid rabies vaccination.

   (B)   Upon the written certification of a veterinarian that a dog has been surgically sterilized, the amount of the license fee shall be not more than one half the fee established for intact dogs in accordance with Cal. Food and Agricultural Code § 30804.5.

   (C)   No dog license shall be issued for any dog vaccinated with a vaccine not authorized by the State of California. Should a rabies vaccination not be valid for 12 months from the date of application the owner or custodian may elect to either:

      (1)   Be issued a license at the regular one-year rate as outlined in division (A) of this section that will expire upon expiration of the vaccination and be due again in full; or

      (2)   Re-vaccinate and be issued a license which would be valid for at least 12 months.

   (D)   A dog license fee shall become delinquent 30 calendar days after it becomes due and payable, and upon delinquency, an additional delinquent fee, as established by the City Council, shall be added to the regular fee. An unpaid delinquent fee shall be added to the succeeding year's license fee.

   (E)   Animal Services shall issue serially numbered tags stamped with the name of the city. This tag is a life time tag, which should not be removed, and will be unique to the animal to which it was issued. The license tag shall only be issued upon the application of owners who have complied with the vaccination and fee provisions of this chapter.

   (F)   Every dog shall be provided by the owner or custodian with a suitable collar, harness, or other device to which the dog tag can be affixed. The dog owner or custodian shall ensure that the dog wears such license tag at all times except when the dog is being prepared for an exhibit at a dog show.

   (G)   A license tag issued for one dog shall not be transferred or attached to any other dog.

   (H)   Whenever a license tag is lost, stolen, or damaged the owner or custodian shall apply for and obtain a replacement tag from Animal Services upon payment of the prescribed replacement fee.

   (I)   Despite anything in this chapter to the contrary, when an owner or custodian brings into the city a dog which has been licensed in another jurisdiction, the dog shall be licensed within 30 calendar days as outlined in this chapter. If the license from the other jurisdiction is valid for at least 12 months, a one-year license may be obtained for replacement tag fees upon the surrender of the other jurisdiction's license and the proper completion of a license application.

(Ord. 17-13, passed 12-19-2017)

   Every owner or custodian of an unlicensed or untagged dog shall be deemed to be in violation of this chapter and is guilty of an infraction.

(Ord. 17-13, passed 12-19-2017)

   (A)   Every dog meeting the minimum age requirements to receive a rabies vaccination shall receive a rabies vaccine approved by the California State Department of Health Services.

   (B)   Every person who owns or comes to own an unvaccinated dog over four months of age shall have 30 calendar days from the date the animal was obtained to comply with the provisions of this chapter.

   (C)   Every veterinarian, after vaccinating a dog for rabies, shall issue a certificate to the owner or custodian. The certificate shall include, but not limited to, the following information:

      (1)   The owner's full name, address, and telephone number;

      (2)   The breed, age, sex, and color or markings of the animal;

      (3)   The date of immunization and expiration;

      (4)   The type of vaccine administered;

      (5)   The name of the vaccine manufacturer;

      (6)   The lot number of the vaccine used; and

      (7)   The signature of the veterinarian administering the vaccination and their veterinary license number.

   (D)   A copy of the certificate must be kept on file with Animal Services if the vaccination was issued at the Animal Shelter or low-cost vaccination clinics held by Animal Services. A duplicate copy may be provided when requested by the owner or custodian of the dog.

   (E)   The owner or custodian must maintain the certificate of vaccination, or a copy thereof, and must, upon demand of a public or peace officer acting within the course and scope of his or her employment, display said certificate for examination.

   (F)   Upon written proof provided by a veterinarian that a dog has a medical condition which would cause it to be endangered by receiving a rabies vaccination, Animal Services may exempt the dog from the vaccination requirements in this section so long as the dog is kept in strict confinement and isolated at all times and so long as the medical condition is proven to exist. The written proof must also contain an estimated date when the dog can be safely vaccinated. Although temporarily exempt from the vaccination requirements, the dog is still to be considered non-vaccinated and is not exempt from other provisions of this chapter.

(Ord. 17-13, passed 12-19-2017)

   Every veterinarian practicing veterinary medicine within the City of Tulare shall furnish Animal Services with a copy of every rabies vaccination certificate prepared by them or their staff. Such certificates must be mailed to Animal Services no later than the fifth day of each month. The certificates may also be picked up by designated Animal Services personnel if prior arrangements are made by the veterinarian. A violation of this section is an infraction.

(Ord. 17-13, passed 12-19-2017)

   Whenever any Animal Services personnel discovers through a vaccination certificate obtained from any veterinarian that a dog named thereon is unlicensed, the owner or custodian of such dog will be notified by mail that such dog is unlicensed and that such dog must be licensed within 30 calendar days of the date of the notice. The owner or custodian of any such dog which has been previously licensed in Tulare City shall be subject to a delinquent fee. The owner or custodian of any such dog which has never been previously licensed in Tulare City who obtains a license within 30 calendar days of the date of the notice shall be subject to an administrative fee plus the license fee or any other applicable fee.

   The owner or custodian of such dog which has never been previously licensed in Tulare City who does not obtain a license within 30 calendar days of the date of said notice shall be subject to a delinquent fee, plus the license fee or any other applicable fee.

(Ord. 17-13, passed 12-19-2017)

   Animal owner shall be subject to the requirements of this chapter. This definition does not apply to government agencies, animal rescue organizations which have demonstrated to the Department of Animal Services that they have implemented an ongoing spay/neuter program as well as an adoption program, or humane societies or societies for the prevention of cruelty to animals, or persons who provide licensed boarding, kennel, training, or veterinarian services for the owners of dogs.

(Ord. 17-13, passed 12-19-2017)

   The owner or custodian of any domestic animal shall provide proper and adequate food, water, shelter, qualified medical care or attention and required vaccinations, for such domestic animal at a level which insures the domestic animal's safety, good health, and wellbeing. The owner or custodian shall maintain any enclosures or surroundings where the domestic animal is kept in a sanitary condition. A person in violation of this section is guilty of a misdemeanor. After a person has been given written notification that a violation Cal. Penal Code § 597 and of this chapter exists, each day the violation continues is to be considered a separate offense.

(Ord. 17-13, passed 12-19-2017)

   All dogs impounded in the city's Animal Shelter shall be implanted with an identifying microchip prior to adoption or owner redemption; at the owner's expense. The owner is required to provide the microchip number to Animal Services and the national registry who provided the chip. Any change of ownership of the dog or any change in the owner's contact information shall be noticed to the national registry and Animal Services within 30 calendar days of the change of ownership.

(Ord. 17-13, passed 12-19-2017)

   (A)   No owner or custodian of any animal, wild or domestic, shall permit or suffer the animal to do any of the following:

      (1)   Be at large;

      (3)   Endanger the life or health of others;

      (4)   Damage the property of others; or

      (5)   Be afflicted with and not be receiving medically accepted treatment for any injury, zoonotic or other communicable disease.

   (B)   If found guilty of violating this section, the owner or custodian may be ordered by the Animal Services Manager, Hearing Officer, or court to

relocate or otherwise remove the animal from the location where it is kept, to prevent further violations. The Animal Services Manager, Hearing Officer, or court may also prohibit the owner or custodian from owning animals for a period of three years. These actions may be taken in addition to any other fine or punishment the Animal Services Manager, Hearing Officer, or court deems necessary.

   (C)   It shall be unlawful to keep or permit to be kept any wild, undomesticated or exotic animal, as defined in § 6.12.050, within the city limits of Tulare.

      (1)   This section shall not apply to any facility possessing or maintaining exotic animals which are owned, operated or maintained by any city, county, state or federal government agency, including but not limited to, public zoos, museums, laboratories or research facilities maintained by scientific or educational institutions, and/or animal sanctuaries approved by the Department of Fish and Wildlife.

      (2)   At such time as any real property is annexed into the City of Tulare, any exotic animal(s), as defined in this chapter, owned and located on the property at the time of annexation, shall be entitled to remain in the care and custody of its owner; notwithstanding the limitations of this chapter, so long as it is not, in the determination of the Animal Services Division, a danger to humans or other animals. An exception to this rule is as follows:

         (a)   Wild animals as defined and identified in Cal. Fish and Game Code § 2116 are strictly prohibited.

(Ord. 17-13, passed 12-19-2017)

   (A)   No person other than individuals transporting working dogs within agricultural or rural areas of the city shall transport or carry on any public highway or public roadway, any animal, wild or domestic, in or by a motorized vehicle unless the animal is as follows:

      (1)   Safely enclosed within the passenger compartment of the vehicle or if carried in the area designated for load carrying, the area must be enclosed or have side and tail racks at least 46 inches in height as measured from the floor of the vehicle;

      (2)   Protected within a secured container carried within, upon, or by such a vehicle; or

      (3)   Securely cross-tethered or secured to such vehicle by rope, chain, or other device in a fashion which prevents injury to the animal from falling from, being ejected from, or jumping from the vehicle.

   (B)   No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.

      (1)   Nothing in this section shall prevent a Peace Officer, Humane Officer, or an Animal Services Officer from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.

      (2)   A Peace Officer, Humane Officer, or Animal Services Officer who removes an animal from a motor vehicle shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment.

      (3)   A Peace Officer, Humane Officer, or Animal Services Officer is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible.

      (4)   A Peace Officer, Humane Officer, or Animal Services Officer who removes an animal from a motor vehicle shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.

      (5)   This section does not affect in any way, the existing liabilities or immunities in current law, or create any new immunities or liabilities.

(Ord. 17-13, passed 12-19-2017)

   The tethering and/or chaining of dogs shall be pursuant to Cal. Health and Safety Code § 122335.

(Ord. 17-13, passed 12-19-2017)

   (A)   No owner of any animal shall do any of the following:

      (1)   Permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, barking, howling or making other noise;

      (2)   Permit such animal to damage or trespass on public or private property;

      (3)   Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would be otherwise injurious to the public health, offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood or community or any considerable number of other persons;

      (4)   Maintain a dangerous animal in a manner that creates a significant threat to the public health, safety, and welfare.

   (B)   Any violation of this section is hereby declared to be a public nuisance.

   (C)   Whenever the Manager or any Animal Services Officer has reasonable cause to believe that a public nuisance as defined in this section exists, the Manager may conduct an investigation of the alleged nuisance. Whenever it is affirmed in writing by two or more persons residing in separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the Manager shall investigate the alleged nuisance. Provided, however, that where there is only one person residing or regularly employed within 300 feet of the alleged public nuisance, written affirmation of only that one person shall be required for the Manager to investigate the alleged nuisance. If, upon investigation, the Manager determines that a public nuisance exists, the Manager may issue an order to the owner of the offending animal directing that such nuisance be abated. In the event that the owner does not comply with the abatement order, the Manager may immediately refer the matter to the district attorney for prosecution of the public nuisance.

   (D)   Any person may maintain an action under Cal. Civil Code § 3493 for compliance with the requirements of this section.

   (E)   Notwithstanding any of the preceding, no animal which is part of an agricultural operation exempt from being or becoming a nuisance by Cal. Civil Code § 3482.5 shall be deemed to be a public nuisance under this section, provided such animal is owned and kept in compliance with this chapter and state law.

(Ord. 17-13, passed 12-19-2017)

   No person shall operate a commercial, non-commercial, or rescue boarding kennel without first obtaining a permit in accordance with the provisions of this chapter and paying such fees as established by Animal Services. These permits shall expire June 30 of every calendar year.

   All kennels must also operate in accordance with applicable zoning laws and may require a special use permit from Tulare City's Building and Planning Department. Any kennel not operating within the proper zone and/or with a special use permit will be subject to the penalties of Code Enforcement. All kennel applicants shall also include a letter of compliance issued by the appropriate local building and planning official indicating conformity with the provisions of zoning and building ordinances of the city.

   Any commercial kennel engaging in the breeding of animals shall be required to obtain and maintain a breeding permit from Animal Services.

   Private or "back yard" breeding is strictly prohibited in the City of Tulare.

(Ord. 17-13, passed 12-19-2017)

   A current kennel permit may be transferred if the transferee files an application therefore and pays the related transfer fee as established by Animal Services. No permit may be transferred unless the kennel meets the standards prescribed by this chapter.

(Ord. 17-13, passed 12-19-2017)

   (D)   Denial of an application may include, but are not limited to:

      (1)   Any person applying for an original permit who has not received approval for the location from the appropriate planning/zoning department or who has not obtained any necessary permit(s) and/or license(s) for its operation; or

      (2)   Any person whose permit has been suspended, for the period during which the order of suspension is in effect; or

      (3)   Any person who has been or is an officer, agent or employee of a permitted establishment whose permit has been suspended or revoked and who was responsible for or participated in the violation upon which the order of suspension or revocation was based, for the period during which the order of suspension is in effect and for a period of one year from the effective date of a revocation, or if a revocation has been stayed, until one year from the expiration of a stay; or

      (4)   Any person whose permit has been revoked, or any partnership, firm, corporation, or legal entity in which any such person has substantial financial interest for a period of one year from the effective date of such revocation, or if a revocation has been stayed, until one year from the expiration of the stay; or

      (5)   Any person who fails to comply with any provision of this chapter; or

      (6)   Any person who has been convicted of the crime of cruelty to animals, whether in this state or any other state.

      (7)   Any person with a prior record of animal abuse and/or defiance of existing animal control codes. *This list is not exhaustive and other relevant factors may be taken into consideration in approving or denying a kennel permit application.

      Judicial review of a decision made after an appeal hearing pursuant to this section shall be made pursuant to § 1094.6 of the Cal. Code of Civil Procedure where and to the extent said section may be applicable.

(Ord. 17-13, passed 12-19-2017)

   Kennel operators shall keep available for inspection on the premises records that shall show the name, current address and telephone number of the owner of each animal kept at the kennel, the description of the animal, including its age (if known) or approximate age, breed, sex and color. As a part of such record, a current valid rabies certificate or other written proof of vaccination, verified in writing, shall be maintained for each dog required to be vaccinated by this chapter, showing the dog owner's name, including breed, color, sex, month and year of birth; the date of vaccination; and the name and telephone number of the veterinarian who vaccinated the dog or telephone number of the agency verifying vaccination. In addition, each kennel operator shall have someone in attendance at the kennel able to identify each animal in the kennel, except those animals under four months of age may be identified as a litter.

(Ord. 17-13, passed 12-19-2017)

   All kennel operators shall maintain records of all dogs sold, of any age. Records shall include the source of the animal, the new owner's name and address, and a description of the animal including breed, color, sex, month and year of birth, and veterinary records. These records may be accessed by the Animal Control Officer or his or her designee as deemed necessary.

(Ord. 17-13, passed 12-19-2017)

   Because of the need to adequately protect animals within kennels from unhealthy conditions and practices and the interests of society in curbing and preventing inhumane practices, reasonable inspection requirements dictate that Animal Services shall have the right to inspect kennels at reasonable times, though this may be done at unannounced times. As a condition of the issuance of a kennel permit, each operator shall agree to allow such inspections; such acknowledgment shall be made as part of the application and file.

(Ord. 17-13, passed 12-19-2017)

   Any act or omission by a kennel operator in contravention of this chapter's requirements, or of any of the conditions or restrictions of the issued permit, shall be grounds for and shall authorize the suspension and/or the revocation of the kennel permit by the Animal Services Manager or designee; independent of any criminal prosecution or the results thereof. Revocation of a kennel permit will entitle the permit holder to request a hearing by a Hearing Officer.

(Ord. 17-13, passed 12-19-2017)

   It is unlawful for any person to breed dogs for sale, for any profit whatsoever, or to advertise the sale or availability for adoption of such animals without first obtaining a breeder permit. The fees for a breeder permit shall be set by the Tulare City Council and shall be paid to Animal Services.

   To obtain a permit, the applicant must fill out the appropriate license and be approved by Animal Services. The applicant must agree that they may not sell or adopt out any dogs until eight weeks of age and each has been vaccinated against common diseases. The breeder must list the permit number when advertising dogs for sale or adoption, must list the permit number as part of the sale or adoption paperwork, and must disclose the permit number to all potential purchasers or adopters of dogs.

   It is unlawful for any person to advertise for the sale or adoption of any dogs without including in the advertisement a breeder permit number.

(Ord. 17-13, passed 12-19-2017)

   Effective as of January 1, 2016, it shall be unlawful for any vendor to sell animals at swap meets within the City of Tulare as set forth in §§ 122370 through 122374 of the Cal. Health and Safety Code.

   It is unlawful for any person to sell or give away any animal from a yard sale.

(Ord. 17-13, passed 12-19-2017)

   No person shall permit a dog to stray from private property owned or legally possessed by the dog owner or custodian unless the dog is restrained by a leash or lead not exceeding eight feet in length, except in the following situations:

   (A)   When the dog is assisting a Peace Officer who is engaged in law enforcement duties or when the dog is participating in a search and rescue effort at the specific request of a law enforcement authority;

   (B)   When the dog is enrolled in and actually participating in a dog training or obedience course, exhibition, or competition conducted by an organization on private or public property with the permission of the owner or operator of the grounds of facilities. Organizations sponsoring such activities shall notify Animal Services no later than three business days prior to the event;

   (C)   When the dog is assisting the owner or person in charge of livestock in the herding or control of such livestock; or

   (D)   When the dog is accompanying and under the direction of a person engaged in hunting on property where such activities are allowed, or on private property with written permission of the owner.

(Ord. 17-13, passed 12-19-2017)

   Any owner or custodian of any dog, which is running at large, that causes injury through indirect, or direct action, is guilty of a misdemeanor. Nothing in this section precludes prosecution for any additional or more severe applicable state or federal criminal liability that may apply as a result of injuries, property damage, or death that resulted from the animal running at large.

(Ord. 17-13, passed 12-19-2017)

   (A)   No person shall keep or maintain within the city, without a permit in writing issued by the Animal Services Manager, any equine or livestock.

      (1)   Any person requesting to keep or maintain any equine or livestock within the city shall submit a written request for permission to the Animal Services Manger outlining the circumstances for the need to place such animals in the city, location where the animals will be kept and a plan to care for the animals and sanitation. The request for permission must be submitted and granted prior to placement of animal. The Animal Services Manager shall review the request and either grant or deny it.

   (B)   No person owning or having control of any equine or livestock shall permit the same to run or trespass upon the premises of any other person within the city limits.

   (C)   Nothing in this section precludes prosecution for any additional or more severe applicable state or federal criminal liability which may apply as a result of injuries, property damage, or death which resulted from the livestock or equine running at large.

   (D)   In addition to any other penalties imposed, the owner or custodian of the livestock or equine shall be liable for the salaries, costs, and other expenses incurred by the division in restraining, capturing, or rescuing such livestock or equine.

(Ord. 17-13, passed 12-19-2017)

   (A)   Any animal shall be taken up and impounded at the Animal Shelter (or at such other place as may be approved by the director) if, to the knowledge of Animal Services, any of the following conditions exist, including but not limited to:

      (1)   The animal is engaged in an activity or existing in a condition prohibited by this chapter;

      (2)   The animal is, or will be, without proper care due to the injury, illness, death, incarceration, or other involuntary absence of the owner or person responsible for the care of such animal;

      (3)   The animal poses an immediate threat to public safety and/or health; or

      (4)   The animal is required to be quarantined.

      (1)   All impounded animals shall be kept in the Animal Shelter or other authorized place of Impoundment for the period as described in §§ 31108, 31752 and 31753 of the Cal. Food and Agricultural Code.

      (2)   During this holding period and prior to adoption or euthanasia, the animal will be scanned for a microchip, license tag, tattoo or other form of identification. If one is found and the owner can be determined, a reasonable effort must be made to contact the owner of the animal.

      (3)   Except for stray animals experiencing irremediable suffering or needing maternal care, any stray animal impounded shall, prior to the scheduled euthanasia of that animal, be released to an animal rescue.

      (1)   The owner or custodian of any animal impounded may, at any time before the expiration of the period of impoundment, redeem the animal by paying all civil penalties, fees and charges accrued. If the animal is subject to the licensing or license provisions of this chapter, the licensing requirements must be satisfied before the animal is released.

      (2)   Pursuant to § 31254 of the Cal. Food and Agricultural Code, the refusal or failure of the owner or custodian of any impounded animal to pay the fees and charges after due notification shall be held to be an abandonment of the animal by the owner or custodian.

      (3)   All animals that have been impounded must be implanted with a microchip at the owner's or custodian's expense prior to redemption.

      (4)   Refer to § 6.12.400, Spay and Neuter of City Dogs and Cats for redemption of unaltered animals.

      (1)   Upon surrender of the animal to Animal Services, the owner or custodian must present sufficient identification such as driver's license, California identification card, bill of sale for the animal, adoption contract or dog license, to establish his or her ownership of the animal and shall sign a statement that he or she is the lawful owner of the animal. The owner or custodian of the surrendered animal must pay all required fees.

      (2)   If the animal surrendered has a history of potentially dangerous or vicious behavior, it may be immediately euthanized in accordance with § 31108.5 of the Cal. Food and Agricultural Code.

      (3)   All animals will be held for the length of time outlined in § 31754 of the Cal. Food and Agricultural Code.

      (1)   Except as otherwise provided in this chapter, an impounded animal which is not redeemed within the applicable holding period specified in this chapter or an animal voluntarily surrendered to Animal Services for adoption, except an animal that has been impounded for quarantine or is known to have bitten a human or to have demonstrated potentially dangerous or vicious propensities, may be offered for adoption as determined by Animal Services and in accordance with the laws of the State of California.

      (2)   When an animal is adopted, the receipt issued by Animal Services shall be valid proof of ownership to the adopter. All adoptions shall convey a good and valid title to the adopter, and the previous animal owner or custodian shall thereafter be barred from recovering said animal.

(Ord. 17-13, passed 12-19-2017)

   (A)   (1)   Animal Services shall ensure that all animals falling into the following categories shall be isolated or quarantined or destroyed and a rabies specimen taken at Animal Services or at such other place and under such conditions as are prescribed by the Health Officer or authorized according to other applicable California state laws and regulations, including but not limited to:

         (a)   Known rabid animals;

         (b)   Suspected rabid animals;

         (c)   Animals that have bitten or otherwise exposed a human to rabies; and

         (d)   Animals of a species subject to rabies, which have been bitten by a known rabid or suspected rabid animal or have been in intimate contact with a known rabid or suspected rabid animal.

      (2)   In circumstances where the bite or exposure to rabies occurred while the victim was on the property of the owner or custodian of the animal or when the victim is a member of the family or household of the owner or custodian, and when the animal is not currently vaccinated against rabies, and, as applicable, licensed as required by the provisions of this chapter, the animal may, at the discretion of Animal Service, be quarantined on the property of the owner providing the following:

         (a)   The owner of said animal can and does agree to ensure its confinement and isolation for the period of quarantine;

         (b)   The owner agrees, upon demand of the Health Officer or Animal Services during the period of quarantine, to surrender the animal to Animal Services;

         (c)   The owner agrees to immediately notify Animal Services if the animal escapes, becomes ill, or dies.

         (d)   It is unlawful for the owner or custodian of an animal to violate any of the conditions of isolation or quarantine prescribed by the Health Officer or Animal Services. Any violation of this section is a misdemeanor.

(Ord. 17-13, passed 12-19-2017)

      (1)   The purpose of this section is to regulate the keeping of animals which are potentially dangerous or vicious or involve a threat to the safety of people and other animals on streets, sidewalks, and private property where the animals are not properly maintained as such animals constitute a serious hazard within the City of Tulare. The increasing tendency to maintain animals which, by virtue of breeding or training, have a propensity to attack others, compounds the hazard.

      (2)   Every owner or custodian of an animal is held strictly accountable for the exercise of such control over the animal as necessary to ensure that the animal does not injure innocent human beings or other animals that are not on the premises where the animal is maintained. Such strict accountability is imposed whether or not the injury results from the negligence or fault of the owner or custodian, and regardless of the degree of precaution or control exercised by the owner or custodian.

      (1)   Any owner or custodian of any animal is deemed responsible for the acts committed by that animal when the owner or custodian has failed to comply with the legal requirements for the keeping of that animal as defined in this chapter. No person shall permit an animal to act in such a manner as constitutes potentially dangerous or vicious behavior as defined in § 6.12.050 of this chapter.

      (2)   A violation of any of the provisions of this section is punishable as follows:

         (a)   On a first offence, any animal owner who maintains an animal in such a manner as to permit it to exhibit potentially dangerous behavior shall be guilty of an infraction.

         (b)   On the second and subsequent offence, any animal owner who maintains any animal in such a manner as to permit it to exhibit vicious behavior shall be guilty of a misdemeanor.

      (3)   Nothing in this section shall prevent prosecution for violations of other statutes or codes which may deal with other or more specific offenses, including but not limited to, penal and civil statutes.

      (1)   The date, place, and time of the animal's escape;

      (2)   A description of the animal, including a photo, and its condition at the time of escape; and

      (3)   The name, address, and residential and occupational telephone numbers of the owner of the animal.

      (1)   A description of the offending animal including, to the extent known, the color, size, sex, breed and name of the animal, and the name and address of the animal owner or custodian;

      (2)   An assertion that the animal described is a potentially dangerous or vicious within the meaning of § 6.12.050, together with a statement of the facts upon which the assertion was based, including the name and address of any person who has been victimized or injured, including a description of the extent of the injuries, the names and addresses of the witnesses thereto, the time, date, and location of the incident related to the assertion, and an explanation of how the personal knowledge of the affiant was acquired; and

      (3)   The name, residential and occupational addresses and telephone numbers of the affiant.

      (1)   All sheltering fees to date, including the hearing request fees, shall be paid in full by the owner or custodian prior to acceptance of the hearing request.

      (2)   Failure to pay all associated fees after five business days will result in a forfeit of the appeal.

(Ord. 17-13, passed 12-19-2017)

      (1)   When a hearing is requested by the animal owner or custodian, Animal Services shall set a date and time for the hearing and send a notice thereof by first class mail at least five business days before the scheduled hearing date to the owner or custodian at the address set forth on his or her request for a hearing and shall notify the victim and the Chief of Police of such hearing.

         (a)   The hearing shall be set no more than ten business days from date of notice of hearing.

      (2)   Conversely, if, or after an investigation, the identified facts show that cause to conduct a potentially dangerous or vicious animal hearing has not been shown, Animal Services shall notify the animal owner or custodian to reclaim their animal from Animal Services.

      (1)   The hearing shall be conducted before a person appointed as a Hearing Officer.

      (2)   The hearing shall be open to the public.

      (3)   The owner or custodian may be represented by counsel at their own discretion and cost. If Animal Services plans to be represented by counsel, such fact will be made clear to the owner or custodian upon writing regarding the time and place of the hearing. Animal Services representation by counsel does not in any way entitle the owner or custodian to be represented by counsel.

      (4)   The burden is on the animal owner or custodian to present evidence that the animal is not potentially dangerous or vicious.

      (5)   The technical rules of evidence shall not be applicable to the hearing, except that the Hearing Officer's decision may not be based wholly on hearsay evidence.

      (6)   The Hearing Officer may find, based upon the preponderance of the evidence, that:

         (a)   The animal is not potentially dangerous or vicious and should be returned to its owner or custodian;

         (b)   The animal is not potentially dangerous or vicious but that the attack, bite, or injury was the result of improper or negligent training, handling, or maintenance and that the license should be revoked and the animal relinquished to Animal Services;

         (c)   The animal is potentially dangerous or vicious but may be returned to the owner or custodian with stipulations and/or restrictions; or

         (d)   The animal is potentially dangerous or vicious and that it should be humanely euthanized no sooner than the fifth business day following the mailing of notice of determination.

      (7)   The Hearing Officer shall make other orders required or authorized by this chapter.

      (8)   The Hearing Officer may decide all issues for or against the owner or custodian of the animal even if the owner or custodian fails to appear at the hearing. Failure to appear at the hearing will be deemed a forfeiture of the animal.

      (1)   Any previous history of the animal attacking, biting or causing injury to a human being or other animal.

      (2)   The nature and extent of injuries inflicted and the number of victims involved.

      (3)   The location where the bite, attack or injury occurred.

      (4)   The presence or absence of any provocation for the bite, attack, or injury.

      (5)   The extent to which property has been damaged or destroyed.

      (6)   Whether the animal exhibits any characteristics of being trained for fighting or attacking, or other evidence to show such training or fighting.

      (7)   Whether the animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of persons or other animals.

      (8)   Whether the animal can be effectively trained or re-trained to change its temperament or behavior,

      (9)   The manner in which the animal had been maintained by its owner or custodian.

      (10)   Any other relevant evidence concerning the maintenance of the animal.

      (11)   Any other relevant evidence regarding the ability of the owner or custodian to protect the public safety in the future if the animal is permitted to remain in the city.

      (1)   That the injury or damage complained of was sustained by a person who was committing a willful trespass or other tort upon the premises occupied by the owner or custodian of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime.

      (2)   That the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault.

      (3)   That the injury or damage complained of was sustained by a domestic animal which at the time of the injury or damage was teasing, tormenting, abusing, or assaulting the animal which is the subject of the hearing.

      (4)   The injury or damage complained of was to a domestic animal and was sustained while the animal in question was working as a hunting animal, herding animal, or predator control animal on the property of, or under the control of, its owner or custodian and the damage or injury complained of was to a species or type of domestic animal appropriate to the work of the animal.

   (E)   Determinations and orders—Notice—Compliance—Appeal—Finality of appeal.

      (1)   Within ten calendar days after the hearing is conducted, the Hearing Officer shall notify in writing Animal Services and the owner or custodian of the determination and orders issued, by first class mail or personal service at the address appearing on the request for hearing.

      (2)   If a determination is made by the Hearing Officer that the animal is potentially dangerous or vicious, and is returning the animal to the owner or custodian, the owner or custodian shall comply with divisions (F) and (G) of this section within 15 calendar days after the date of determination or 20 calendar days if notice of the determination is mailed to the owner or custodian by first class mail.

      (3)   If a determination is made by the Hearing Officer that the animal is not potentially dangerous or vicious, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, the following may apply:

         (a)   The license may be revoked and reissued with reasonable terms, conditions or restrictions imposed for the training, handling or maintenance of the animal to protect the public health safety and welfare, only if it is determined that the owner or custodian is able and willing to properly train, handle or maintain the animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance; or

         (b)   The owner or custodian is unable or unwilling to properly train, handle or maintain the animal and that a similar incident is not likely to occur in the future with proper training, handling or maintenance, the animal shall be relinquished to Animal Services.

      (4)   If Animal Services or the owner or custodian of the animal contests the determination, he or she may, within five business days of the receipt of the notice of determination, appeal the decision of the Hearing Officer to the Chief of Police.

         (a)   All sheltering fees, including the hearing request fees, shall be paid in full by the owner or custodian prior to acceptance of the appeal hearing request.

         (b)   Failure to pay all associated fees within five business days will result in a forfeit of the appeal and the original hearing decision shall stand.

      (5)   The appeal shall be heard by an Appeals Hearing Officer, appointed by the Chief of Police, other than the Hearing Officer who originally heard the petition.

      (6)   The Chief of Police shall give notice by first class mail to Animal Services, to the appellant or animal owner or custodian if Animal Services is the appellant, and to the victim(s), of the date, time and location of when the appeal will be heard.

         (a)   The notice of the appeals hearing shall be mailed within five business days with the appeals hearing set no more than ten days business days from date of mailing.

      (7)   The Hearing Officer hearing the appeal shall conduct a hearing de novo, but upon submission of all relevant evidence, including but not limited to Animal Control reports, transcripts, and other testimony, from the first hearing, and make its own determination as to potential danger and viciousness of the animal and make other orders authorized by this chapter, based upon evidence presented.

      (8)   The hearing shall be conducted in the same manner set forth in division (B) above.

      (9)   Judicial review of a decision made after an appeal hearing pursuant to this section shall be made pursuant to § 1094.6 of the Cal. Code of Civil Procedure where and to the extent said section may be applicable.

         (a)   Failure to pay sheltering fees upon receipt of such fees after ten business days will result in animal abandonment by the animal owner or custodian at which time the animal can be humanely euthanized, transferred to a rescue or other sheltering facility as set forth in Cal. Civil Code § 1834.5 and Cal. Food and Agricultural Code § 31254.

      (1)   An owner or custodian of a potentially dangerous or vicious animal is required to pay, in addition to any licensing or license fee, an annual special registration fee (as applicable) which shall be valid and renewable concurrent with the effective dates of the licensing of the animal. Late registration is subject to a penalty fee equal to two times the annual registration fee.

      (1)   The animal must at all times, when not under restraint by leash on public property, be securely confined in an enclosure under lock within a lawful fence.

      (2)   The animal must, at all times when kept in any part of a house or structure, be confined in such a manner that the animal cannot exit such building on its own volition.

      (3)   The animal must, at all times, be licensed and registered as required by this chapter and must be kept in compliance with all the regulatory provisions of this chapter in its entirety.

      (4)   The animal owner or custodian must notify Animal Services in writing within three calendar days if the location of the animal is to be permanently changed. An administration fee will be charged to modify the issued license.

      (5)   The owner or custodian must allow Animal Services to inspect the property at such time as reasonable to insure the provisions ordered by the Hearing Officer are being complied with. All costs associated with these provisions or any other or additional provisions ordered by the Hearing Officer shall be borne by the owner or custodian of the animal which has been declared to be potentially dangerous or vicious.

(Ord. 17-13, passed 12-19-2017)

   The City Council finds and declares that a program for the encouragement of spaying/neutering of cats and dogs combined with a certification system for unaltered cats and dogs owned, harbored or kept within the City of Tulare is a reasonable and effective means of reducing the population of homeless or stray cats and dogs, reducing the need to euthanize healthy cats and dogs, and providing for the health, safety and welfare of the public.

(Ord. 17-13, passed 12-19-2017)

   (A)   It is unlawful for any person within the incorporated area of the city to intentionally provide food, water or other forms of sustenance to a feral cat colony unless the person furnishes the Manager of Animal Services with a signed statement agreeing to the following conditions:

      (1)   Register with the Manager of Animal Services as caring for feral cats;

      (2)   Regularly feed the cat colony, including weekends and holidays;

      (3)   Regularly and frequently trap the cats over the age of eight weeks and have them spayed or neutered at the private individual's own cost;

      (4)   Arrange to have all trapped cats tested for feline leukemia and feline immune deficiency virus, and to have those who test positive humanely euthanized or isolated indoors;

      (5)   Identify all trapped cats by tipping their ears, to be done by a veterinarian at the time of sterilization; and

      (6)   Arrange to have all trapped cats vaccinated for rabies in addition to any other vaccination or immunization requirement imposed by the state.

   (B)   It is unlawful for any person within the incorporated area of the city to intentionally provide food, water or other forms of sustenance to a group of two or more domesticated cats not belonging to that person, causing the cats to congregate in a particular area or neighborhood.

   (C)   In lieu of acting under divisions (A) and (B) above, the Manager of Animal Services may authorize the humane seizure of any cat at large by an animal control officer or private citizen for determination of whether it has been spayed or neutered and may authorize the submittal of the cat at large to Tulare Animal Services Facility to be neutered or spayed and vaccinated. After being altered, the cat may then be released in the area where it was found at the discretion of the animal services division operating such spay/neuter and release program as a means to help control the community cat population. Acting under the authority of this section shall be at the discretion of the Manager of Animal Services.

(Ord. 2022-11, passed 8-16-2022; Ord. 17-13, passed 12-19-2017)

   (A)   No person shall own, harbor or keep within the incorporated area of the City of Tulare, a dog or cat over the age of six months, which has not been spayed or neutered, unless such person holds an unaltered animal certification for the animal issued pursuant to § 6.12.410.

   (B)   Any person intentionally providing care or sustenance for a dog or cat for a period longer than two weeks shall be deemed the owner of such dog or cat and shall comply with this section.

   (C)   The following animals are exempt from the provisions of this section:

      (1)   Dogs documented as having been appropriately trained and actually being used by public law enforcement agencies for law enforcement activities, or dogs designated as breeding stock by an appropriate agency or organization approved by the Manager of Animal Services after consultation with knowledgeable professionals;

      (2)   Dogs documented as having been appropriately trained and actually being legally used as a service dog such as a guide dog, hearing dog, assistance dog, seizure alert dog or social/therapy dog, or a dog designated as breeding stock by an appropriate agency or organization approved by the Manager of Animal Services, after consultation with knowledgeable professionals;

      (3)   Dogs documented as having been appropriately trained and actually being used by search and rescue agencies for search and rescue activities, or dogs designated as breeding stock by an appropriate agency or organization approved by the Manager of Animal Services after consultation with knowledgeable professionals;

      (4)   A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than 30 calendar days, the owner or custodian must apply for an unaltered dog license;

      (5)   A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the cat is able to be safely spayed or neutered at a later date, which date must be stated in the written confirmation.

(Ord. 17-13, passed 12-19-2017)

   (A)   The Manager of Animal Services shall administer a certification program to allow for unaltered animals over the age of six months, if and when the Manager of Animal Services determines that all of the following conditions have been met:

      (1)   The owner has not been convicted of one or more violations of the following within the preceding 24 months:

         (a)   Sections 6.12.320 and 6.12.360 (biting or attacking animal) of this chapter,

         (b)   Cal. Food and Agricultural Code § 31102 (killing dog, worrying livestock),

         (c)   Cal. Civil Code § 3341 (dog threatening, killing, or injuring livestock),

         (d)   Section 6.12.060 (interference with animal services officer) of this chapter,

         (e)   Cal. Health and Safety Code § 121705 (concealing bite information),

         (f)   Cal. Penal Code §§ 487e, 487f, or 487g (theft of animal);

      (2)   The owner has not been convicted of two or more violations of the following, involving the dog for whom the unaltered animal certification is sought, within the preceding 12 months:

         (a)   Section 6.12.310 (dogs running at large) of this chapter;

         (b)   Section 6.12.100 (dog license required) of this chapter;

         (c)   Cal. Food and Agricultural Code § 30955 (dog running at large on a farm).

      (3)   Within the preceding 24 months, the owner has not received a Manager of Animal Services order involving the dog or cat for whom the unaltered animal certification is sought, pursuant to:

         (a)   Cal. Code of Regulations Title 17 § 2606.2 (quarantine a dog or cat for biting a person).

      (4)   The dog or cat for whom the unaltered animal certification is sought has not been determined by the Manager of Animal Services to be a vicious animal pursuant to § 6.12.360 of this chapter, unless such determination has been expressly overturned through the appeal process;

      (5)   The animal owner otherwise shall comply with any applicable local or state law concerning the care and housing of animals;

      (6)   No unaltered animal certification shall be granted to anyone who has ever been convicted of the following offenses:

         (a)   Cal. Penal Code § 286.5 (sexual assault on animal),

         (b)   Cal. Penal Code § 596 (poisoning of animal),

         (c)   Cal. Penal Code § 597 (animal cruelty),

         (d)   Cal. Penal Code § 597.5 (fighting dogs),

         (e)   Cal. Penal Code § 599aa (seizure of fighting dogs).

   (B)   Any owner of an unaltered dog or cat who has been cited for failing to obtain an unaltered animal certification shall have his or her citation dismissed if they are subsequently issued an unaltered animal certification, or if there is proof that the animal has been spayed or neutered within 30 calendar days of the issuance of the citation.

   (C)   Any owner who wishes to request to apply for an unaltered animal certification may do so voluntarily or after enforcement action. Once a request has been made by any owner, the Manager of Animal Services shall provide a written response within five business days.

   (D)   All applications for unaltered animal certifications are reviewed and decided by the Manager of Animal Services. The decision made to grant or deny an application is based solely on factual data obtained as it relates to the list of violations listed under this chapter. The decision by the Manager of Animal Services is final. The animal owner can reapply for an unaltered animal certification one year from the date of the previous request.

(Ord. 17-13, passed 12-19-2017)

   When an unaltered dog or cat is impounded pursuant to state and/or local law, in addition to satisfying applicable requirements for the release of the animal, the owner or custodian shall also do one of the following:

   (A)   Provide written proof from a California licensed veterinarian of the dog or cat's prior sterilization, if conditions cannot or do not make this assessment obvious to Department personnel;

   (B)   Accept dog or cat after micro chipping fees and any other applicable fees.

      (1)   Owner or custodian has 30 calendar days to have dog or cat sterilized and show proof to Tulare Animal Services at which time the license will be changed to an altered animal license and the difference will be reimbursed (for dogs only) or apply for an unaltered animal certification. An extension past the 30 calendar days shall be granted only if the owner or custodian provides written proof of a later set appointment for spay and neutering.

      (2)   If the animal is not sterilized within the allotted 30 calendar day period or has applied for an unaltered animal certification, the owner or custodian shall be charged for an unaltered animal license (for dogs only) and an administrative citation shall be issued for having an unaltered dog or cat. However, this citation may be waived if the owner is granted an unaltered animal certification. All billing practices shall be utilized to collect any delinquent fees and penalties associated.

      (3)   If in fact the dog or cat is incapable of breeding as outlined in § 6.12.400(C)(4) and (5), the owner will only be charged for an altered animal license with a notation that the animal is unaltered.

(Ord. 17-13, passed 12-19-2017)

   Except as otherwise provided, any person violating or causing or permitting the violation of this chapter shall be deemed guilty of an infraction, and shall be punished by a fine in accordance with § 1.61.040.

(Ord. 17-13, passed 12-19-2017)

   The provisions of this chapter are severable. If any section, paragraph, sentence, phrase or word of this chapter is declared invalid for any reason by a court of competent jurisdiction, such invalidity thereof shall not affect the validity of any other portion of this chapter, which shall remain in full force and effect.

(Ord. 17-13, passed 12-19-2017)

   It shall be unlawful for any person to sell or give, offer for sale, exchange or loan, or cause or permit to be sold, offered for sale, exchanged, given or loaned, to any other person, any knife, without regard to the length of the blade, design or intended to be opened by a spring, the release of a clasp or the pushing of a button.

(1995 Code, § 6.20.010)

   It shall be unlawful for any person to have in his or her possession, or to carry, either concealed or unconcealed, any knife the sale of which is prohibited by § 6.20.010, or any knife so designed, altered or maintained as to permit the same to be opened without the use of both hands.

(1995 Code, § 6.20.020)

   No person, except a peace officer in the performance of his or her duty, shall fire, discharge, shoot, operate or assist or participate in the firing or operating of any gun, revolver, pistol, firearm, spring gun, air gun, sling or slingshot.

(1995 Code, § 6.20.030)

   Nothing in this chapter shall be deemed to prohibit the holding of supervised shooting in the city, when a valid permit has been obtained from the Council to so shoot.

(1995 Code, § 6.20.040)

   It shall be unlawful for any person, either as owner, lessee, agent, employee, mortgagee or otherwise, to operate, keep, maintain, rent, use or conduct, within the city, any clock, tape, slot machine or any other machine, contrivance or device upon which money is staked or hazarded upon chance, or upon the result of the action of which money, or other article of value is staked, bet, hazarded, won or lost upon chance.

(1995 Code, § 6.24.010)

   It is unlawful for any proprietor, keeper, clerk or any other person having charge of any store or other public place within the city, to permit any person under the age of 18 years to play or engage in or be present at any game of cards played in any store or other public place within the city.

(1995 Code, § 6.24.020)

   It is hereby declared to be unlawful for any person within the city to deal, play, carry on or bet at or against any game played with cards, dice or other instrument, thing, device or machine, for money, either directly or indirectly, or for checks, chips or credit or any other article exchangeable for or redeemable in money, which game is not prohibited by any law of the state.

(1995 Code, § 6.24.030)

   It is hereby declared to be unlawful for any person to rent, open up, carry on, conduct or have charge of or control of any room, apartment or place in the city whether as an owner, employee or otherwise, whether for hire or not, wherein any game played with cards, dice or any other instrument, thing, device or machine, which game is prohibited by any law of the state, is played, dealt, conducted, carried on, permitted to be played or conducted, for money, either directly or indirectly, or for checks, credit, chips or any other article exchangeable for or redeemable in money.

(1995 Code, § 6.24.040)

   It is unlawful for any person to exhibit or expose to view in any barred or barricaded house or room in any place built or protected in a manner to make it difficult of access or ingress to police officers, when three or more persons are present, any cards, dice, dominoes, fantan table or layout or any gambling implements whatsoever.

(1995 Code, § 6.24.050)

   It is unlawful for any person to visit or resort to any such barred or barricaded house or room or other place built or protected in a manner to make it difficult of access or ingress to police officers, where any cards, dice, dominoes, fantan tables or layout, or any part of such layout, or any gambling implements whatsoever are exhibited or exposed to view when three or more persons are present.

(1995 Code, § 6.24.060)

   Except when and where a minor is accompanied by a parent or legal guardian having the care and custody of the minor, or where the presence of the minor in the place or places is connected with and required by, some legitimate business, trade, profession or occupation in which the minor is engaged, it shall be unlawful for any minor under the age of 18 years to be in or on any public street, park, square or any public place between the hours of 11:00 p.m. of any day and 5:00 a.m. on the following day. It shall be unlawful for any minor under the age of 18 years to loiter, gather in groups or congregate in any manner in the city parks, or any public places, without lawful business and accompanied by parent, or legal guardian. It shall be unlawful for any minor under the age of 18 years to play, loiter or be in or about any railroad depot, or the cares of any railroad within the city, or to ride upon any railroad car, engine, truck or other vehicle, without consent of the owner thereof.

(1995 Code, § 6.28.010)

   Any person assisting, aiding, abetting or encouraging any minor under the age of 18 years to violate the provisions of § 6.28.010 of this chapter shall be guilty of a misdemeanor; and when any minor is found violating the provisions of § 6.28.010 a presumption shall arise that the parent or legal guardian having the care and custody of the minor assisted, aided, abetted and encouraged the minor in so violating § 6.28.010.

(1995 Code, § 6.28.020)

   It shall be the duty of the Chief of the Police Department to cause to be issued and served upon the parent or guardian of any minor arrested pursuant to the foregoing provisions of this chapter, a written notice requiring the parent or guardian to appear before the Justice Court of Tulare Judicial District at a time and place to be specified in the notice, but not less than five days after the service of the notice, to show cause, if any, why the parent or guardian should not be charged with assisting, abetting or encouraging the minor with a violation of this chapter, or the provisions of Cal. Welfare and Institutions § 702. Any person failing to appear before the court in response to this chapter shall be guilty of a misdemeanor, regardless of the disposition of the charge on which he or she may have been cited to appear, and shall be punished accordingly. Any notice to be served upon the parent or guardian pursuant to this chapter may be served personally on the person, or the same may be deposited in the United States Post Office at Tulare, California, addressed to the parent or guardian at the place of residence and with the proper amount of postage prepaid thereon, or the same may be left at the place of residence of the parent or guardian. If the notice is delivered personally to the parent or guardian, the same shall be deemed complete upon the delivery thereof, but if the same is served by mail or left at the residence of the parent or guardian, the service shall be complete after five days after the date of mailing the same or leaving the same at the place of residence of the parent or guardian.

(1995 Code, § 6.28.030)

   No person under the age of 21 years shall have in his or her possession or consume any alcoholic beverage, as the same is defined under § 2(b) of the Alcoholic Beverage Control Act of the state and amendments thereto, while in or upon any street, alley, dance hall or other public place in the city.

(1995 Code, § 6.28.040)

   Any person selling, giving or in any manner furnishing or supplying any cigarettes, cigars or tobacco in any shape or form to any minor under 18 years of age, within the city, or causing the same to be done by another, and any person who aids, assists or is in any manner instrumental to any minor procuring cigarettes, cigars or tobacco in any form shall be deemed guilty of a misdemeanor.

(1995 Code, § 6.28.050)

   (B)   Street races, sideshows, and motorcycle stunting pose an immediate threat to the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and inhibit private business owners from enjoying the use of their property within the City of Tulare. Groups of racers, sideshow participants, stunters, and spectators gather on the streets and in off-street parking facilities late at night and in the early morning hours. Among other things, these groups block traffic on the streets and sidewalks in order to form a racetrack, “sideshow,” or stunt area, place bets and wagers, and otherwise encourage, aid and abet the street racing process.

   (C)   Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or other vehicles. The racers drive quickly from street to street, race for several hours, and then move to different locations upon the arrival of police. Participants in these illegal activities use cell phones, police scanners, and other electronic devices to communicate with each other in order to avoid arrest. Social media and other websites are used to provide information on where to race and how to avoid detection and prosecution. These activities have resulted in an increase in traffic accidents, property crimes, and calls for police service. Illegal street racing, sideshows, and motorcycle stunting attract many spectators, and the presence of spectators at these events encourages street racing to continue and creates an environment in which illegal activities can flourish.

   (D)   This chapter makes it a violation of the City of Tulare Municipal Code to participate in a street race or reckless driving exhibition on or in a public highway or off-street parking facility. This chapter also makes it a violation of the City of Tulare Municipal Code to be a spectator at, otherwise encourage, aid and abet the street racing process, or be present when preparations are being made for, a street race or reckless driving exhibition. This chapter further provides that evidence of specified prior acts are admissible as evidence to show the propensity of a criminal defendant to be present at or attend illegal street races or reckless driving exhibitions, if the prior act(s) occurred within three years of the presently charged offense. This chapter is adopted to prohibit spectators at illegal street races and reckless driving exhibitions in order to significantly decrease this criminal activity. It targets a clear, limited population and gives proper notice to citizens as to which activities are unlawful.

(Ord. 2023-06, passed 8-15-2023)

   For purposes of this chapter:

      (1)   One or more motor vehicles and persons have arrived at a predetermined location on a public street or highway or in an off-street parking facility;

      (2)   One or more persons have gathered on, or adjacent to, a public street or highway;

      (3)   One or more persons have gathered in an off-street parking facility;

      (4)   One or more persons have gathered for a sideshow, motorcycle stunting or other exhibition in conjunction with a street race or reckless driving exhibition;

      (5)   One or more persons have impeded the public use of a public street, highway, or off-street parking facility by acts, words or physical barriers;

      (6)   One or more motor vehicles have lined up on a public street, highway, or off-street parking facility with motors running;

      (7)   One or more drivers is revving a motor vehicle’s engine or causing the motor vehicle’s tires to spin; or

      (8)   A person is standing or sitting in a location for the purpose of acting as a race starter.

(Ord. 2023-06, passed 8-15-2023)

   It shall be unlawful for any person to engage in, or to aid and abet, any street race or reckless driving exhibition conducted on a public street or highway or in an off-street parking facility. A violation of this section may be punishable as a misdemeanor or an infraction in the discretion of the City of Tulare Attorney.

(Ord. 2023-06, passed 8-15-2023)

   (A)   It shall be unlawful for any person to be knowingly present as a spectator at a street race or reckless driving exhibition conducted on a public street or highway or in an off-street parking facility.

   (B)   It shall be unlawful for any person to be knowingly present as a spectator where preparations are being made for a street race or reckless driving exhibition conducted on a public street or highway or in an off-street parking facility.

   (C)   A violation of this section may be punishable as a misdemeanor or an infraction at the discretion of the City Attorney.

   (D)   Nothing in this section prohibits peace officers or their agents who are acting in the course of their official duties from being spectators at a street race or reckless driving exhibition and/or spectators at the location of preparations for either of these activities.

(Ord. 2023-06, passed 8-15-2023)

   (A)   Notwithstanding any other provision of law, to prove a violation of this chapter, the following may be considered to show motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident:

      (1)   That the person charged has previously participated in or been a spectator at a street race or reckless driving exhibition;

      (2)   That the person charged has previously aided and abetted street racing or a reckless driving exhibition;

      (3)   That the person charged has previously attended a street race or reckless driving exhibition;

      (4)   That the person charged was previously present at a location where preparations were being made for a street race or reckless driving exhibition, or where a street race or reckless driving exhibition was in progress; or

      (5)   To the fullest extent permissible by law, evidence of prior act(s) may be admissible to show the plan, opportunity, intent, knowledge, identity and/or propensity of the person charged to be present at a street race or a reckless driving exhibition if the prior act(s) occurred within three years of the presently charged offense. The prior act(s) may also be admissible to show that, in the absence of a mistake or accident, the person charged had knowledge that a street race or reckless driving exhibition was taking place.

   (B)   In addition to the circumstances set out herein, and notwithstanding any other provision of law, to prove a violation of this chapter, admissible evidence may also include, but is not limited to, any of the following:

      (1)   The time of day;

      (2)   The nature and description of the scene, including the number and configuration of traffic lanes;

      (3)   The number of people at the scene;

      (4)   The location of the person charged in relation to any person or group of persons present at the scene;

      (5)   The number and types of motor vehicles at the scene;

      (6)   That the motor vehicles at the scene have been modified or altered to increase power, handling, or visual appeal;

      (7)   That the person charged drove or was transported to the scene; or

      (8)   That the person charged admitted to being a spectator at a street race or reckless driving exhibition.

(Ord. 2023-06, passed 8-15-2023)

   It is the purpose and intent of this chapter to authorize the playing of the game of chance generally known as “bingo” subject to and pursuant to the restrictions contained in Article IV, § 19c of the Constitution of the State of California and Cal. Penal Code § 326.5. Definitions, conditions and restrictions set forth in this chapter are intended to comply with and implement the Constitutional and Penal Code provisions. To the extent that any provision of this chapter is substantially the same as that contained in Cal. Penal Code § 326.5 and violation thereof be deemed a violation of the Penal Code and punishable thereunder, the provisions of this chapter shall be deemed explanatory only.

(1995 Code, § 6.36.010)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BINGO. A game of chance in which prizes are awarded on the basis of designated numbers of symbols on a card which conform to numbers or symbols selected at random.

   CITY COUNCIL. The City Council of the City of Tulare.

   FINANCE OFFICER, CHIEF OF POLICE, PLANNING DIRECTOR or FIRE CHIEF. The Finance Officer, Chief of Police, Planning Director or Fire Chief of the City of Tulare or their respective authorized agents.

   NONPROFIT ORGANIZATION. Any tax-exempt organization or senior citizens organization, as such terms are defined in this section.

   SENIOR CITIZEN. Any person of age 60 or older or any person age 50 or older who no longer engages in full-time employment.

   SENIOR CITIZENS ORGANIZATION. Any organization meeting the following criteria:

   (A)   Purpose. The purpose of the organization is to improve the social, recreational, economic, medical and/or housing conditions of senior citizens.

   (B)   Membership. The membership in the organization shall be limited to senior citizens and their spouses.

   (C)   Formal organization. The organization shall have a duly adopted constitution or by-laws stating the purpose of the organization and the qualifications of membership and providing for the election of officers.

   TAX-EXEMPT ORGANIZATION. Any organization exempted from the payment of bank or corporation taxes by Cal. Revenue and Taxation Code §§ 23701b (fraternal beneficiary societies, orders or organizations) or 23701d (religious, charitable, scientific, literary, educational and humanitarian corporations).

(1995 Code, § 6.36.020)

   A nonprofit organization having in effect a permit therefor from the Finance Officer pursuant to the provisions of this chapter may conduct a bingo game for charitable purposes subject to all conditions and restrictions contained in Cal. Penal Code § 326.5 and this chapter.

(1995 Code, § 6.36.030)

   A nonprofit organization may apply to the Finance Officer for a permit to conduct a bingo game. The application shall be upon a form provided therefor by the Finance Officer and shall be accompanied by a fee equal to the actual cost of issuing such permit as may be determined from time to time by the Finance Officer. Notwithstanding the actual cost of issuing the permit, the fee shall not exceed $50, unless a higher maximum fee is authorized by law. If the applicant is a tax-exempt organization, it shall accompany the application with a certificate or letter from the state’s Franchise Tax Board stating that the application is exempt from the payment of the bank or corporation taxes. If the applicant is a senior citizens organization, it shall provide proof to the satisfaction of the Finance Officer that it satisfies the criteria for the “senior citizens organization” as set forth in § 6.36.020. Such proof may include but is not limited to a copy of the organization’s constitution and/or by laws.

(1995 Code, § 6.36.040)

   (A)   The application for a permit for conducting bingo games shall contain the following:

      (1)   The name of the organization proposing to conduct such games together with the names, signatures and addresses of all the officers of the organization;

      (2)   The address of the premises where the bingo games are proposed to be conducted;

      (3)   The names of the owner(s) and, if any, lessee(s) of the premises where the bingo games are proposed to be conducted;

      (4)   The principal purpose for which the premises are used by the organization together with the length of time for which the premises have been so used;

      (5)   The name and address and photograph of the person responsible for the operation of the bingo game and name and address of those persons assisting therein;

      (6)   The day and hours of proposed operation of bingo games; and

      (7)   Such further information as may be required by the Finance Officer.

   (B)   The application shall be signed by a principal officer of the applicant under penalty of perjury.

(1995 Code, § 6.36.050)

   The filing of an application for a permit shall be deemed a consent by the applicant for the Chief of Police to make an investigation to determine if all the statements on the application are true, to investigate the officers of the applicant and the person who will be responsible for the operation of the bingo games and those persons who will assist therein as to any criminal record which they may have, and to disclose such information to the Finance Officer and, upon appeal, to the City Council. The application shall also be deemed consent for the Fire Chief and the Planning Director to inspect the premises and report thereon.

(1995 Code, § 6.36.060)

   Immediately upon receipt of a proper application, the Finance Officer shall furnish copies thereof to the Chief of Police, Planning Director and the Fire Chief, each of whom shall make an investigation as specified in this chapter and report back to the Finance Officer within 45 calendar days after the receipt by the Finance Officer of the application with a recommendation thereon. Failure of the Chief of Police, Planning Director or Fire Chief to report back to the Finance Officer within the 45-day period shall be treated by the Finance Officer as a recommendation to issue the permit.

(1995 Code, § 6.36.070)

   The Chief of Police shall determine if all the statements on the application are true and shall obtain the criminal record, if any, of the principal officers of the organization, each person who will be responsible for the operation of the bingo game and those persons who will assist therein. He or she shall recommend the issuance of the permit, except:

   (A)   In the event that he or she finds any of the statements on the application to be false, he or she may recommend against its issuance; and/or

   (B)   In the event that he or she finds any officer of the organization or any person who will be responsible for the operation of the bingo game or any person who will assist therein to have been convicted within the last ten years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion or fraud, he or she shall recommend against is issuance.

(1995 Code, § 6.36.080)

   The Planning Director shall investigate the premises and surroundings for the safety of the structure, adequacy of parking facilities and any other condition which, in the opinion of the Director, might endanger the public health, safety or well-being or constitute a nuisance. Should he or she find that such a potential danger or nuisance exists, the Director may, at his or her discretion, recommend denial of the permit or the attachment thereto of such conditions as will, in his or her opinion, adequately protect the public health, safety and well-being and preclude the existence of a nuisance; otherwise, he or she shall recommend its issuance.

(1995 Code, § 6.36.090)

   The Fire Chief shall investigate the premises as to the safety of the structure and for fire hazards and shall determine the maximum number of persons who may be present in the premises during the conducting of bingo games. In the event he or she finds any condition to exist which might endanger the public health, safety or well-being from the standpoint of structural safety or fire danger, he or she may recommend against the issuance of the permit or recommend the attachment thereto of such conditions as will, in his or her opinion, adequately safeguard the public health, safety and well-being; otherwise, he or she shall recommend its issuance.

(1995 Code, § 6.36.100)

   In the event the Chief of Police, Planning Director or Fire Chief recommends against the issuance of the permit, the Finance Officer shall refuse to issue the permit and one-half of the permit fee paid shall be refunded to the organization that filed the application.

(1995 Code, § 6.36.110)

   Any applicant or permittee may appeal to the City Council from any order or action of the Finance Officer respecting the issuance, denial, modification, suspension or revocation of any permit.

(1995 Code, § 6.36.120)

   In the event the Finance Officer does not receive a recommendation against the issuance of the permit, he or she shall issue the same for a period of one year, which permit shall contain the following information:

   (A)   The name and nature of the organization to whom the permit is issued;

   (B)   The address where the bingo games are authorized to be conducted;

   (C)   The maximum occupancy of the room in which the bingo games are to be conducted;

   (D)   The date of the commencement of the permit;

   (E)   The date of the expiration of the permit;

   (F)   The days and hours during which bingo may be conducted; and

   (G)   Such conditions as may have been recommended by the Finance Officer, Chief of Police, Planning Director or Fire Chief.

(1995 Code, § 6.36.130)

   A permittee shall keep the permit posted in a conspicuous place within the room in which bingo is being played during the conduct of any such game. The permittee shall produce and exhibit the same whenever requested to do so by the Finance Officer, Chief of Police, Planning Director or Fire Chief.

(1995 Code, § 6.36.140)

   Any permit granted under this chapter shall not be transferable either as to the permittee or the location. Any use of the permit other than by the named permittee or other than at the address where the bingo games are authorized to be conducted shall render the permit invalid.

(1995 Code, § 6.36.150)

   It is unlawful for any bingo game to be operated in violation of any of the following conditions.

   (A)   No minors shall be allowed to participate in any bingo game.

   (B)   All bingo games shall be open to the public, not just to the members of the nonprofit organization.

   (C)   No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place in which the bingo game is being conducted.

   (D)   The total value of prizes awarded during the conduct of any bingo games shall not exceed $250 in cash in kind, or both, for each separate game which is held.

   (E)   Attendance at any bingo game shall be limited to the occupancy capacity of the room as set forth in the permit.

   (F)   No permittee shall issue chips or money to a patron on credit or a loan, including but not limited to IOUs and checks to be held, nor shall patrons be allowed to play on credit.

   (G)   No person who is obviously intoxicated shall be allowed to participate in a bingo game.

   (H)   No permittee shall conduct any bingo game except between the hours of 12:00 noon and 12:00 midnight, nor shall any permittee conduct bingo games for more than 12 hours during any 24-hour period, nor shall any permittee conduct bingo games more than six days in any seven-day period, but in no event more than 13 days in any one quarter.

   (I)   No person shall violate any condition attached to the permit.

   (J)   The permittee shall post and keep posted in a conspicuous place within the room in which bingo is being played the rules and regulations of the game.

   (K)   No person shall conduct any bingo game after the permit therefor has expired or during any period which it is suspended.

   (L)   The permittee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this division shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

   (M)   The permittee shall keep a written record of the name, address, phone number and date of birth of each person receiving a prize for three years, which records shall be made available to the Chief of Police upon request.

(1995 Code, § 6.36.160)

   Any bingo game shall be operated and staffed only by members of the permittee. The members shall not receive a profit, wage or salary from any bingo game. Only the permittee shall operate the game or participate in the promotion, advertising, supervision or other phase of the game, and no wage, salary or other payment may be made on account thereof from funds received from the games.

(1995 Code, § 6.36.170)

   All equipment used by the permittee in conducting the bingo game shall be owned by the permittee.

(1995 Code, § 6.36.180)

   No individual, corporation, partnership or other legal entity except the permittee authorized to conduct the bingo game shall have or hold a financial interest in the conduct of the bingo game or the proceeds therefrom.

(1995 Code, § 6.36.190)

   With respect to organizations exempt from payment of bank or corporation taxes by Cal. Revenue and Taxation Code § 23701d, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. The profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. The proceeds shall be used only for charitable purposes, except as follows:

   (A)   The proceeds may be used for prizes; and

   (B)   A portion of the proceeds, not to exceed 10% of the proceeds after the deduction for prizes, or $500 per month, whichever is less, may be used for rental of property, overhead and administrative expenses.

(1995 Code, § 6.36.200)

   Each permittee conducting a bingo game shall maintain detailed records of all proceeds, profits, expenditures, prizes and other expenses relating to the operation of the bingo game. The records shall be retained for a period of three years and as long thereafter as may be required by any state or federal law. The records, including related bank accounts, shall be open for inspection at any time by the Chief of Police, Finance Officer or any state or federal official in the performance of his or her duties.

(1995 Code, § 6.36.210)

   Within 15 days after March 31, June 30, September 30 and December 31 during the permit period, the permittee shall file a report under the penalty of perjury with the Finance Officer containing the following information:

   (A)   Any changes in or additions to the information required in the application;

   (B)   The total amount of money received from the operation of bingo games during the previous three-month period;

   (C)   The total amount paid out in prizes;

   (D)   Detailed costs to the permittee of the operation of the bingo games; and

   (E)   All disbursements from the fund.

(1995 Code, § 6.36.220)

   Any change during the permit period in the organization of the permittee, its principal officers, the staff operating or assisting in the operation of the bingo game, or the condition of the premises shall be immediately reported to the Finance Office who shall refer such changes to the appropriate official who shall make an investigation thereof and, if he or she deems appropriate, recommend the suspension and revocation of the permit or the imposition of additional conditions thereto, which suspension, revocation or additional conditions shall be appealable to the City Council.

(1995 Code, § 6.36.230)

   Any permit issued under this chapter may be modified to further restrict the time for conducting bingo games as set forth in § 6.36.160(H) by the Finance Officer upon his or her own recommendation or upon the recommendation of the Chief of Police, the Planning Director or the Fire Chief, which recommendation must be based upon good cause. The modified permit shall have the same force and effect as a new permit. The modification shall take effect and shall result in the automatic revocation of the prior permit 15 days after the notice thereof unless the permittee appeals the modification to the City Council. The original permit shall remain in effect pending decision by the City Council.

(1995 Code, § 6.36.240)

   Any permit issued under this chapter shall be immediately suspended by the Finance Officer upon his or her own recommendation or upon the recommendation of the Chief of Police, the Planning Director or the Fire Chief, based upon either a violation of this chapter by the permittee or its agent or the discovery of some condition which would have been grounds for denial of the permit application. The suspension shall result in the automatic revocation of the permit 15 days after the notice thereof unless the permittee appeals the suspension and revocation to the City Council. The suspension shall remain in effect pending decision by the City Council.

(1995 Code, § 6.36.250)

   A permittee desiring to continue conducting a bingo game shall at least 45 calendar days before the expiration of the permit make application to the Finance Officer for a renewal. The application for renewal shall be accompanied by the same fee and proofs and shall be processed in all respects as an original application.

(1995 Code, § 6.36.260)

   It is hereby declared to be the policy of the city that the peace, health, safety and welfare of its citizens require protection from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the City Council to control the adverse effect of such noise sources on the citizens under any condition of use, especially those conditions of use, which have the most severe impact on any person.

(1995 Code, § 6.40.010) (Ord. 11-08, passed 8-16-2011)

   The following words, phrases and terms as used in this chapter shall have the following meanings:

(Ord. 11-08, passed 8-16-2011)

   Between the hours of 10:00 p.m. of one day and 6:00 a.m. of the following day, it shall be unlawful for any person to create, cause to be created or maintained sources of noise which shall cause annoyance or discomfort to a reasonable person of normal sensitivity in the neighborhood. The sources shall include, but not be limited to, the following:

   (A)   Excessively loud noises caused by the use or operation of radios, musical instruments and drums, phonographs, television sets or other machines or devices for the production, reproduction or amplification of sound;

   (B)   Operation of equipment or performance of any outside construction or repair work on buildings, structures or projects, or operation of construction type devices, except that contractors may apply for a permit from the Planning and Building Department to allow construction where extreme heat requires work to occur between 10:00 p.m. and 6:00 a.m.;

   (C)   Excessively loud sounds, cries or behavioral noise caused by the keeping or maintenance of animals or fowls;

   (D)   Excessively loud noise caused by the operation of any machinery, equipment, device, pump, fan, compressor, air conditioning apparatus or similar mechanical device;

   (E)   Operation of chimes, bells or other devices for the purpose of advertising or inviting the patronage of any person or persons to any business enterprise;

   (F)   Repairing, rebuilding or testing of motor vehicles or operating of any motor driven vehicle off public streets or highways; and

   (G)   Excessively loud noise caused by calling, shouting, laughing or crying.

(1995 Code, § 6.40.030) (Ord. 11-08, passed 8-16-2011)

   It shall be unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in the use or adjacent to any hospital, which noise unreasonably interferes with the workings of the institutions or which disturbs or unduly annoys patients in the hospital, providing conspicuous signs are displayed in such streets, sidewalk or any public

place indicating the presence of a school, church or hospital.

(1995 Code, § 6.40.040) (Ord. 11-08, passed 8-16-2011)

   (A)   It shall be unlawful for any person other than personnel of law enforcement or governmental agencies, to install, use or operate within the city, and outside a building, a loud speaker or amplifying device in a fixed or movable position or mounted upon any vehicle for the purpose of giving instructions, directions, talks, addresses, lectures, transmitting music to any persons or assembly of persons in or upon any street, alley, sidewalk or public property without first obtaining an Amplified Sound Permit approved by the City Manager with concurrence of the Police Department.

   (B)   The City Manager, with concurrence of the Police Department, when considering an application for an Amplified Sound Permit, shall recognize and consider the constitutional rights of free speech of all persons including the applicant, but shall also consider the correlative constitutional rights of the citizens of the city to privacy and freedom from public nuisance of loud and unnecessary noise. The City Manager, with concurrence of the Police Department, if granting permission, shall reserve the right to enforce whatever rules, conditions or restrictions it deems necessary to ensure that the sound shall be so controlled that it will not be unreasonably loud, raucous, varying, disturbing or a nuisance to persons of normal sensitivity within the area of audibility, subject to any other provisions within this chapter.

   (C)   An administrative fee of $10 will apply for processing an Amplified Sound Permit request, said fee subject to change, pursuant to the Consumer Price Index (CPI).

   (D)   In addition to the processing fee the applicant shall submit in writing, at least ten days prior to the event, a statement outlining:

      (1)   The name and address of both the user and owner of the sound amplifying equipment;

      (2)   The maximum sound producing power of the equipment including wattage, use, volume decibels and approximate distance from which sound will be audible; and

      (3)   Whether the sound equipment will be used for commercial or noncommercial purposes.

   (E)   Permits for amplified sound for use in a public park or city facility shall be processed by the Parks, Library and Recreation Department. Condition of use is to be determined by the policies of the Parks, Library and Recreation Department.

(1995 Code, § 6.40.050) (Ord. 14-05, passed 10-21-2014; Ord. 11-08, passed 8-16-2011; Ord. 08-06, passed 6-3-2008)

   (A)   It shall be unlawful for any person within the city to sell, advertise or invite patronage for anything by public outcry or by use of any type of noise making or sound amplifying device.

   (B)   The City Council may grant an exception to this section, if, after application and review, it finds that circumstances are such that an exception is warranted. The circumstances must be such that the same exception would be appropriate for any other hawker or peddler in the same situation.

   (C)   In granting an exception, the City Council may specify any special requirements, routes, time schedules or other standards which they may deem necessary to carry out the intent of this chapter and protect the public welfare.

   (D)   Noise levels for mobile vendors are restricted by other chapters of the Municipal Code and the California Vehicle Code.

(1995 Code, § 6.40.060) (Ord. 11-08, passed 8-16-2011)

   In enforcing the provisions of this chapter, the enforcing officer shall utilize, but shall not be limited to the following general standards:

   (A)   The volume, intensity and duration of the noise;

   (B)   Whether the nature of the noise is usual or unusual;

   (C)   The nature and zoning of the area within which the noise emanates;

   (D)   The time of the day or night the noise occurs; and

   (E)   Whether the noise is recurrent, intermittent or constant.

(1995 Code, § 6.40.070) (Ord. 11-08, passed 8-16-2011)

   (A)   It is unlawful for any person at any location within the city to create any amplified sound on property owned, leased, occupied or otherwise controlled by such person which causes the noise level, when measured at the property line of any affected area, to exceed the decibel level of 70 during the hours of 6:00 a.m. and 10:00 p.m.

      (1)   Sound or noise produced by sound amplification equipment used at all city parks and other city facilities shall be measured at points not greater than 100 feet from the sound source within city parks or facilities and shall not exceed 85 decibels.

      (2)   Failure of the event sponsor to enforce the sound limits may result in any or all of the following:

         (a)   The forced curtailment of activities as ordered by the Police Department.

         (b)   Citation issued by the Police Department pursuant to § 6.40.090.

         (c)   Forfeiture of deposits placed with the city by the sponsor for use of the facility.

(Ord. 11-08, passed 8-16-2011)

   The following procedures shall be employed for monitoring and evaluating noise in the community unless otherwise specified in this section:

   (A)   The evaluation shall be conducted any time of the day or night when the offending noise is being operated.

   (B)   The sound level meter shall be equipped with an omnidirectional microphone.

   (C)   No individual other than the operator shall be within ten feet when possible of the sound level meter during the sample period.

(Ord. 11-08, passed 8-16-2011)

   The following activities shall be exempted from the decibel limits of this chapter:

   (A)   Activities conducted on public or private athletic fields;

   (B)   Events held at the Tulare County Fairgrounds;

   (C)   Events held at the International Agri-Center;

   (D)   Noise sources associated with the collection of waste or garbage from commercially zoned, industrially zoned, or residentially zoned property by the city or its authorized franchisee;

   (E)   Any activity to the extent regulation thereof has been preempted by state or federal law.

(Ord. 11-08, passed 8-16-2011)

   The provisions of this chapter shall have no application to the sounding of a siren or the making of other usual signals by any police or other peace officers in the performance of their duties, nor to the sounding of any siren upon any ambulance or firefighting equipment in the usual and customary manner.

(1995 Code, § 6.40.080) (Ord. 11-08, passed 8-16-2011)

   Every person, firm or corporation who shall make or continue or cause to be made or continued, any loud, unnecessary, unusually penetrating or boisterous noise, disturbance or commotion, which disturbs the peace or quiet of any neighborhood, or which causes a discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, shall be deemed guilty of an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punishable as set forth in § 1.12.010 of this code.

(1995 Code, § 6.40.090) (Ord. 11-08, passed 8-16-2011)

   If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are declared to be severable.

(1995 Code, § 6.40.100) (Ord. 11-08, passed 8-16-2011)

   It shall be unlawful for any person within the City of Tulare to possess any alcoholic beverage in any public place, or to transport any alcoholic beverage upon any public street, sidewalk, pedestrian mall, alleyway or thoroughfare where the alcoholic beverage is in a receptacle which has been opened, the seal of which has been broken or the contents of which has been partially removed.

(1995 Code, § 6.44.010)

   It shall be unlawful for any person to possess any alcoholic beverage where the alcoholic beverage is in a receptacle which has been opened, the seal of which has been broken or the contents of which have been partially removed, on any parking lot within the City of Tulare associated with or under the control of any business or other premises open to the public where the parking lot has immediate access to a public street.

(1995 Code, § 6.44.020)

   It shall be unlawful for the registered owner of any vehicle or the driver, if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the motor vehicle is located in any area enumerated in §§ 6.44.010 and 6.44.020 of this chapter, 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, unless the container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. This section shall, however, not apply to living quarters of a house, car, camper or motor home.

(1995 Code, § 6.44.030)

   The definition of ALCOHOLIC BEVERAGE, as used herein, shall include alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcoholic, spirits, wine or beer and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

(1995 Code, § 6.44.040)

   Sections 6.44.010, 6.44.020 and 6.44.030 shall not be deemed to make punishable an act or acts which are prohibited by any statute of the State of California.

(1995 Code, § 6.44.060)

   (A)   Any person who violates any provisions of this chapter which are declared to be unlawful, shall be guilty of a misdemeanor, subject to a penalty of imprisonment in the County Jail for a period of time not to exceed six months, or by a fine not to exceed $500 or both, for each such violation. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.

   (B)   Any person convicted of an infraction under this chapter shall be punished by:

      (1)   A fine not exceeding $50 for a first violation;

      (2)   A fine not exceeding $100 for the second violation of this chapter within one year; and

      (3)   A fine not exceeding $250 for each additional violation of this chapter within one year.

(1995 Code, § 6.44.070)

   The City Council hereby declares that it would have passed this chapter by sentence, paragraph by paragraph and section by section, and does hereby declare that the provisions of this chapter are severable and, if for any reason any sentence, paragraph or section of this chapter shall be held invalid, the decision shall not affect the validity of the remaining parts of this chapter.

(1995 Code, § 6.44.080)

   No person under the age of 18 years shall loiter, idle, wander stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds and public buildings places of amusement and eating establishments, vacant lots or any other unsupervised places between the hours of 10:00 p.m. and 5:00 a.m. of the day immediately following; provided, however, that the provisions of this section shall not apply when:

   (A)   The person is accompanied by his or her parent, guardian, or other adult person having the care and custody of the person, or by the his or her spouse 18 years of age or older;

   (B)   The person is attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city or other public entity, a civic organization, or other similar entity that takes responsibility for the minor, or the person is traveling directly to or home from such activity;

   (C)   The person is going to or returning directly from work;

   (D)   The person is obtaining food in an eating establishment after an exempt activity, after the hours of 10:00 p.m.; but shall vacate the premises immediately after consuming the food served and proceed directly home;

   (E)   The person is exercising First Amendment rights protected by the United States Constitution or the person is traveling directly to or from this activity.

   (F)   The person is on an errand at the direction of the minor’s parent guardian, or other adult person having the care and custody of the person, without any detour or stop;

   (G)   The person is involved in an emergency;

   (H)   The person is traveling directly to or directly home from any exempt location without detour or stop;

   (I)   The person is emancipated pursuant to law.

(1995 Code, § 6.48.010) (Ord. 10-13, passed 4-6-2010)

   (A)   Graffiti abatement. The purpose of this chapter is to provide for the prompt abatement of graffiti from public and private properties in the city; to provide for methods of controlling the unauthorized use of aerosol paint containers, wide-tipped marker pens, and paint sticks by minors; and to encourage citizens to report occurrences of graffiti vandalism within the city.

   (B)   Nuisance declared. Due to the increase of graffiti vandalism on both public and private property, a condition has arisen within the city which has resulted in a deterioration of property values and concern for the quality of life of the city’s citizens. The City Council finds and determines that graffiti constitutes a public nuisance which, left unabated, adversely affects the city’s image, business development, retail sales, and residential housing costs. Allowing graffiti to remain on public or private property encourages additional unacceptable occurrences of graffiti, fuels fear among the community and is a factor which not only depreciates the value of the property which has been the target of such vandalism, but also depreciates the value of adjacent and surrounding properties.

   (C)   Minimize impact. The purpose of this chapter is, therefore, to minimize the impact which graffiti has on the city’s quality of life, economic stability, environmental image, aesthetic standard, and the overall sense of feeling of safety and security of its citizens. Because the existence of graffiti tends to breed community discontent and criminal and gang-related activities, the chapter will serve to mitigate these problems through quick removal and control of graffiti vandalism.

(1995 Code, § 6.52.010) (Ord. 05-1975, passed 8-16-2005)

   For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

   AEROSOL PAINT CONTAINER. Any aerosol container, regardless of the material from which it is made, used for the purpose of spraying paint or other substance capable of defacing property.

   FELT TIP MARKER. Any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch containing an ink that is not water-soluble.

   GRAFFITI. Defined as, but not limited to, any unauthorized inscription, work, figure or design that is marked, etched, scratched, drawn or painted on any surface.

   GRAFFITI IMPLEMENT. Defined as, but not limited to, aerosol containers of paint, any felt-tip marker, any paint stick, or any other item used to mark, etch, scratch, draw, or paint any unauthorized inscription, work, figure or design.

   MINOR. A person under 18 years of age.

   PAINT STICK. A device containing a solid form of paint, chalk, epoxy, or other similar substance, capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch in width, visible from a distance of 20 feet, and not water-soluble.

(1995 Code, § 6.52.020) (Ord. 05-1975, passed 8-16-2005)

   It shall be unlawful for any person to sell, offer to sell or cause to be sold, any graffiti implements, including, but not limited to, aerosol containers of paint, any felt tip marker pen, or any paint stick, to any person under the age of 18 years who is not accompanied by a responsible adult.

(1995 Code, § 6.52.030) (Ord. 05-1975, passed 8-16-2005)

   (A)   (1)   It is unlawful for any minor to possess any graffiti implement:

         (a)   While upon public property; or

         (b)   While upon private property, without the consent of the owner, or operator thereof. Such consent must be given in advance and must authorize the minor’s presence while in the possession of a graffiti implement.

      (2)   This division shall not apply while the minor is attending, or traveling to or from a school, who has a dated permission slip from a parent or a teacher.

   (B)   This section is not intended to conflict with Cal. Penal Code § 594.1.

(1995 Code, § 6.52.040) (Ord. 05-1975, passed 8-16-2005)

   (A)   Signs. Any person engaged in the retail sale of graffiti implements, including, but not limited to, any aerosol containers of paint, any felt tip marker pens, or paint sticks, shall display at the location of retail sales, a sign clearly visible and legible to employees and customers which states as follows:

   It is unlawful for any person to sell, lend, or give to any individual under the age of 18 years, who is not accompanied by a responsible adult, any aerosol container of paint or any felt tip marker pen or paint stick with a tip greater than one-eighth inch.

   (B)   Display requirement.

      (1)   Every person or business engaged in a commercial enterprise shall display for sale, trade or exchange, any aerosol paint container or felt tip marker either:

         (a)   In an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business; or

         (b)   In an area not accessible to the public in the regular course of business without employee assistance.

      (2)   Nothing herein shall relieve such person or business entity from, at all times, complying with the requirements of Cal. Penal Code § 594.1(c) by posting signs as described therein.

(Ord. 05-1975, passed 8-16-2005)

   (A)   General. Any person applying graffiti within the city shall have the duty to remove same in a manner approved by the city and the property owner within 24 hours after notice by the city or public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter. Consistent with Cal. Civil Code § 1714.1 where graffiti is applied by minors, the parent or guardian shall be responsible for such removal or payment of costs thereof.

   (B)   Public property. Whenever the City Manager, or his or her designated representative, determines that graffiti exists upon property owned by the city, it shall be removed as soon as possible. When the property is owned by a public entity other than the city, the removal of the graffiti may be authorized by the City Manager, or his or her designated representative, and removal undertaken by city only after securing written consent of the public entity having jurisdiction over the property. The public entity shall execute a release and waiver as approved by the city’s Risk Manager.

   (C)   Notice of affected area; requirement to remove graffiti.

      (1)   Where graffiti is located upon private property and the graffiti is capable of being viewed by persons utilizing any public right-of-way or sidewalk within the city, it is the property owner’s duty to remove the graffiti promptly from the property and to restore the property at least to the condition it was in prior to such act of vandalism. If the property owner fails to promptly remove the graffiti, the city shall cause a written notice to be served upon the owner of the affected property notifying the owner of the location and description of the graffiti and of the property owner’s obligation to remove the graffiti. It shall be the responsibility of the property owner to commence removal of the graffiti described in the notice within five days of service or personal delivery of the notice, and to diligently and promptly pursue total removal of the graffiti; provided that, an exception may exist in cases of undue hardship as established pursuant to division (C)(2) of this section. The service is complete at the time of deposit of the notice in the U.S. mail or by personal delivery of the notice to the owner of the property subject to removal of graffiti. The failure of any person to receive such notice shall not affect the validity of any proceeding.

      (2)   Undue hardship; optional procedure for removal.

         (a)   In the event the property owner cannot comply with the requirement of division (C)(1) above, due to hardship, the property owner shall file a written request for waiver of the removal requirement with the city. The property owner shall explain his or her reason(s) for making such request. The written request shall be filed within the five-day removal period stated in division (C)(1) above. In determining whether the request for waiver will be granted, and subsequent assistance provided to the property owner in removal of the graffiti, the city shall consider the following circumstances:

            1.   The cost of restoration of the property to its original state prior to the imposition of the graffiti in proportion to the relative value of the property;

            2.   The ability of the owner to pay for such removal;

            3.   Whether or not the property has been the target of previous incidents of graffiti or whether a pattern of vandalism to such property exists.

         (b)   The decision of the city in the form of a written decision by the City Manager, as to whether or not to grant the waiver shall be final.

      (3)   City’s release from liability. A written request to waive the requirements of division (C)(1) above shall be accompanied by a “release from liability” form signed by the property owner which shall release the city and its authorized agents from any and all liability that may be caused or attributed to removal of graffiti from the owner’s premises by persons acting under the authorization of the city.

      (4)   Approval for city to remove graffiti. A written request to waive the requirements of division (C)(1) above accompanied by a signed “release from liability” form shall constitute an express approval by the property owner that the city or its authorized representatives may provide for the removal of the graffiti on owner’s property by persons acting under the authorization of the city.

      (5)   Failure to remove graffiti or seek waiver of removal. In the event the owner fails to remove graffiti from his or her property and fails to request a waiver of such removal, the city may declare the property a public nuisance and the city may take any of the following courses of action.

         (a)   Administrative procedure to abate nuisance. The city may direct the removal of graffiti from the property with the cost of work performed billed to the property owner who may select the option of direct payment of such costs. Failure to make direct payment for the abatement of graffiti shall constitute a special assessment against the respective lot or parcel plat to which it relates. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. Upon completion of the graffiti abatement work, the City Manager shall cause to be recorded in the office of the Recorder of Tulare County, a “notice of completion of graffiti abatement proceedings” against a particular parcel involved. The notice of completion of graffiti abatement proceedings shall have the effect, when recorded, of conclusively establishing that graffiti abatement proceedings have been completed and that all proceedings have been completed and that all necessary charges incurred on account thereof by the city are due and owing and constitute a special assessment against the subject real property. This notice shall specify the name of the current owner of the parcel as shown on the last equalized assessment rolls of the County of Tulare, and the Tulare County Assessor’s parcel number for the parcel involved.

         (b)   The city may commence criminal proceedings to abate a public nuisance under applicable Penal Code provisions.

(1995 Code, § 6.52.060) (Ord. 05-1975, passed 8-16-2005)

   A property owner shall have 15 days from the date of mailing by the city of the bill for the cost of removal of graffiti from the owner’s property to file a written appeal of the costs. The appeal must be submitted in writing to the City Clerk. Upon receipt of the written appeal, the City Clerk shall schedule a hearing before the City Council. The City Manager shall be so notified and shall submit a written report to the City Council, with a copy to the appealing party, setting forth justifications for the description of the work done and the cost thereof. The City Clerk shall notify the party appealing of the date and time of the hearing before the City Council, at least ten days in advance of such hearing. At the time and place of such hearing, the City Manager shall present his or her report and the appealing party shall present any and all information in opposition to the calculation of the cost of removal. At the conclusion of the hearing, the City Council shall determine what cost, if any, is to be imposed upon the appealing party.

(1995 Code, § 6.52.070) (Ord. 05-1975, passed 8-16-2005)

   Any individual who is found guilty of violating § 6.52.060(A) of this chapter shall pay restitution to the property owner, in addition to authorized penalties. If the violator is a minor, the parent or guardian shall be responsible for payment of restitution. If unable to pay, the juvenile may be permitted to work off his or her payment under the direction of at least one parent by painting out graffiti.

(1995 Code, § 6.52.080) (Ord. 05-1975, passed 8-16-2005)

   (A)   It shall be unlawful and a misdemeanor to apply graffiti on any premises as described herein. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.

   (B)   It shall be unlawful and a misdemeanor for a minor to possess any “graffiti implement” as described herein in violation of § 6.52.040. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.

   (C)   Any person convicted of a misdemeanor under this chapter shall be punished by:

      (1)   A fine not to exceed $500 and/or 30 days in the county jail for a first violation;

      (2)   A fine not exceeding $1,000 and/or 90 days in the county jail for a second violation of this chapter within one year; and

      (3)   A fine not exceeding $2,500 and/or six months in the county jail for each additional violation of this chapter within one year.

   (D)   (1)   Any person convicted of an infraction under this chapter shall be punished by:

         (a)   A fine not exceeding $50 for a first violation;

         (b)   A fine not exceeding $100 for the second violation of this chapter within one year; and

         (c)   A fine not exceeding $250 for each additional violation of this chapter within one year.

      (2)   Each day that a violation continues shall be regarded as a new and separate offense.

   (E)   Community based probation officer probation program, (Thunderbolt): community service with minimum hours and parental involvement. If the person violating this chapter is a minor, the matter may be referred to the community based probation officer. The community based probation officer may request that a petition be filed to declare the minor to be a ward of the court pursuant to Cal. Welfare and Institutions Code § 602, or elect to refer the matter to the traffic hearing officer. In lieu of filing a petition, the probation officer may impose a program of informal supervision, not to exceed six months, pursuant to Cal. Welfare and Institutions Code § 654. The probation officer shall be authorized to order the minor to perform such community service the probation officer deems appropriate. The community service shall contain the following minimum elements:

      (1)   The minor shall perform not less than 20 hours, nor more than 100 hours of community service.

      (2)   The entire period of community service shall be performed under the supervision of a community service provider approved by the community based probation officer.

      (3)   The probation officer may require at least one of the custodial parents or guardians to be in attendance for up to 50% of the period of the assigned community service.

(1995 Code, § 6.52.090) (Ord. 05-1975, passed 8-16-2005)

   Nothing in the foregoing sections shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.

(1995 Code, § 6.52.100) (Ord. 05-1975, passed 8-16-2005)

   (A)   Pursuant to Cal. Gov’t Code, § 53069.5, the city reserves the right to offer a reward in an amount and as to such locations as may be set by resolution of the City Council, for information leading to the arrest and conviction of any person for violation, within the city, of Cal. Penal Code §§ 594 or 594.3 by the use of graffiti, Cal. Penal Code §§ 640, 640.5, 640.6. In the event of multiple contributions of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the violator to a community service program, a plea bargain to a lesser offense, or the sustaining of any juvenile petition filed pursuant to Cal. Welfare and Institutions Code §§ 602 et seq., shall constitute a conviction.

   (B)   Claims for rewards under this section shall be filed with the city and shall:

      (1)   Specifically identify the date, location and kind of property damaged or destroyed;

      (2)   Identify by name the person who was convicted;

      (3)   Identify the court and the date upon which the conviction occurred; and

      (4)   Be in writing and filed within 180 days of such conviction.

   (C)   No claim for a reward shall be allowed by the City Council unless the city investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. Once the claim is verified and the determination is made, the reward shall be paid within the city’s ordinary course of business.

   (D)   The person committing the graffiti vandalism, and if an un-emancipated minor, then the parent or lawful guardian of said minor shall be civilly liable for any reward paid pursuant to this section in accordance with the provisions of Cal. Gov’t Code § 53069.5.

(Ord. 05-1975, passed 8-16-2005)

   If any section, division, sentence, clause, phrase, or portion of this chapter, 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 of this chapter. The City Council declares that it would have adopted each section, division, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, divisions, clauses, phrases or portions be declared invalid or unconstitutional.

(1995 Code, § 6.52.020) (Ord. 05-1975, passed 8-16-2005)

   Pursuant to the provisions of Cal. Health and Safety Code § 11380.5(a), the grounds of all public parks within the City of Tulare, including adjacent public parking lots and sidewalks, as well as public swimming pools and public youth centers, are herewith designated as drug free zones.

(1995 Code, § 6.56.010) (Ord. 99-1845, passed - -1999)

   Pursuant to Cal. Health and Safety Code § 11380.5, all public libraries within the City of Tulare are herewith designated as drug free zones.

(1995 Code, § 6.56.020) (Ord. 99-1845, passed - -1999)

   All public parks and public libraries within the City of Tulare which have been designated as drug free zones pursuant to this chapter shall have notices posted in appropriate and reasonable locations at the facilities, advising and directing the public that the facilities have been designated as drug free zones pursuant to this chapter and Cal. Health and Safety Code § 11380.5.

(1995 Code, § 6.56.030) (Ord. 99-1845, passed - -1999)

   The City Council of the City of Tulare in an effort to more efficiently administer all fines, as referenced within each chapter of the Tulare Municipal Code and associated with its administrative citation process hereby sets forth an Administrative Fine Schedule to be established and adopted by resolution.

(Ord. 10-15, passed 4-20-2010)

   (A)   Underage persons consuming alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises is harmful to the underage persons themselves and a threat to the peace, health, safety, quiet enjoyment of residential property and the general welfare of the public. Underage persons, who have been consuming alcoholic beverages, are at greater risk to be in automobile accidents and otherwise harm themselves and/or others, to commit suicide, to be assaulted or assault others, and girls are at greater risk of sexual assaults.

   (B)   Persons responsible for the occurrence of these types of gatherings on private property over which they have possession or control have failed to ensure that alcoholic beverages are neither served to nor consumed by underage persons at these parties.

   (C)   Problems associated with gatherings involving underage persons drinking alcohol are difficult to prevent and deter. Police need an arsenal of tools to deal with the issue of underage drinking and its attendant problems. If persons are held civilly responsible by having to pay a significant fine for hosting a party where there is underage drinking, they will be more likely to properly supervise or stop such conduct at events held on property under their possession or control.

   (D)   In the past and present, law enforcement, fire and other emergency response services personnel have and are required to respond, sometimes on multiple occasions, to these types of gatherings. The repeated return of police officers to the location of an event constitutes a drain of emergency personnel and resources, often leaving other areas of the city without police protection or with unreasonably limited protection. Responses to such gatherings also result in a disproportionate expenditure of public safety resources of the city, which are underwritten by general municipal taxes paid to the city by its taxpayers and residents.

   (E)   The service of alcohol to underage persons at loud and unruly gatherings and the consumption of alcohol by underage persons at loud or unruly gatherings has in the past and continues to pose a threat to the health and safety of all persons who reside in the city, is a drain on the city’s public safety resources and also causes significant disruption of city residents’ quiet enjoyment of their households, especially in the city’s residential neighborhoods. It is therefore the policy of the City Council that in responding to loud or unruly gatherings, the city Police Department shall strictly enforce any and all applicable local and state laws pertaining to the service of alcohol to underage persons, and the consumption of alcohol by underage persons, and with respect to underage persons in possession of alcohol, the Police Department shall establish a “no tolerance” protocol by which the Police Department contacts, or causes the underage person’s school to contact, the underage person’s parents or legal guardians whenever the underage person is found to be in possession of alcohol or narcotics or found to be intoxicated at a loud or unruly gathering. Where the underage person’s school has an internal student disciplinary office any such incident shall likewise be reported to that office.

(Ord. 12-06, passed 5-15-2012)

   This chapter is adopted under the municipal affairs provisions of the City Charter for the purpose of establishing standards and controls to enforce laws prohibiting the service to and consumption of alcoholic beverages by underage persons; to protect public health, safety, general welfare and quiet enjoyment of residential property and properties neighboring one of these gatherings; to discourage and deter persons from hosting or improperly supervising a party where there is underage drinking; and to establish standards and controls of parties, gatherings or assemblages involving underage persons consuming alcoholic beverages on private property when such gatherings are determined to be a threat to the public peace, health, safety or general welfare, or require initial police response and return calls to the location to disperse uncooperative participants.

(Ord. 12-06, passed 5-15-2012)

   For the purposes of this chapter, the following definitions shall apply:

      (1)   Owner(s) and/or lessee(s) of the property where an unruly gathering is taking place, including the record owner of the title to property, wherever that person or entity may currently reside;

      (2)   Person(s) hosting an unruly gathering;

      (3)   Person(s) receiving money or other consideration for granting access to an unruly gathering;

      (5)   Tenant of the residence or other private property; and

      (6)   Person(s) in charge of the private property.

   UNRULY GATHERING. A party, event or gathering where four or more underage persons are present at a private property in which alcoholic beverages are being consumed or possessed by any underage person and upon which unruly conduct occurs. Illustrative of such unruly conduct is excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, assaults, batteries, fights, or other disturbances of peace, vandalism, litter, and any other conduct which constitute a threat to peace, public health, safety, quiet enjoyment of residential property or general welfare.

(Ord. 12-06, passed 5-15-2012)

   (A)   Any unruly gathering shall constitute a public nuisance and an immediate threat to public health and safety.

   (B)   As a public nuisance, the unruly gathering may be summarily abated by police by all reasonable means, singularly or in combination, including, but not limited to:

      (1)   An order requiring the gathering to be disbanded;

      (2)   An assessment of a civil penalty under this chapter; and

      (3)   The issuance of a criminal citation or the arrest of any law violators under any applicable ordinances or statutes.

(Ord. 12-06, passed 5-15-2012)

   (A)   Any and all responsible persons of an unruly gathering shall be subject to civil penalty under the provisions of Chapter 6.60 of this code.

   (B)   The City Council, by resolution, shall establish civil penalties for:

      (1)   A first violation;

      (2)   A second violation occurring at the same private property within one year of the first cited violation; and

      (3)   A third and any further violation occurring at the same private property within one year of the first cited violation.

   (C)   If the owner of the private property where an unruly gathering has occurred has leased the property to another person, such owner shall not be considered a responsible person until that owner receives notice of at least one previous unruly gathering on his or her property in the prior 12 months. Notice shall be by a copy of the administrative citation transmitted via certified mail to the owner of the private property as recorded by the last equalized assessment roll of the Tulare County Assessor.

   (D)   In the event that an unruly gathering is hosted by a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for any civil penalty assessed on the juvenile under this section.

   (E)   The fine schedule prescribed at division (B) of this section is a “rolling schedule” meaning that in calculating the fine payable the Police Department or City Attorney shall count backward starting from the date of the most recent loud or unruly gathering to determine how many prior loud or unruly gatherings have taken place at the premises in question during the statutory 12-month period. A warning given pursuant to § 6.80.040 shall remain in effect for the premises at a given address until a full 12-month period has elapsed during which there have been no loud or unruly gatherings at those premises.

(Ord. 12-06, passed 5-15-2012)

   (A)   When a law enforcement, fire, or other emergency response provider makes an initial response to an unruly gathering at a private property, the official shall, in writing, warn any responsible person(s) for the gathering at the scene that:

      (1)   The official has determined that an unruly gathering exists; and

      (2)   If emergency response providers make any further emergency responses to the same location for an unruly gathering within one year of the initial response, the responsible person(s) will be charged for the costs of providing those emergency responses.

   (B)   When a law enforcement, fire, or other emergency response provider responds to any unruly gathering at a private property within one year after the warning in division (A) of this section has been given, any and all responsible persons shall be jointly and severally liable for the city’s costs of providing those emergency responses. If the responsible person is a juvenile, then the juvenile’s parents or guardians shall be liable for the emergency response cost. This liability is in addition to any civil penalty authorized under this chapter.

   (C)   The emergency response costs incurred under this section shall be deemed a debt owed to the city and are due 30 days after receipt of the bill. A bill will be deemed received five days after the date posted on the bill which is mailed by placing first class postage on the envelope and mailing it to the address provided by the responsible party to the law enforcement, fire or other emergency response provider or to the address where the unruly gathering took place. Any responsible person owing such debt shall be liable in a civil action brought in the name of the city for recovery of such debt, including reasonable attorney’s fees and costs. The bill shall contain the following information:

      (1)   The name(s) of the person(s) being held liable for the payment of such costs;

      (2)   The address of the private property where the unruly gathering occurred;

      (3)   The date and time of the emergency response;

      (4)   The names of law enforcement, fire or emergency service providers who responded;

      (5)   The date(s) and time(s) of any previous warning given pursuant to division (A) of this section and/or previous responses to unruly gatherings at the private property in question within the previous one year; and

      (6)   An itemized list of the emergency response costs for which the person(s) is being held liable.

(Ord. 12-06, passed 5-15-2012)

   This chapter shall not apply to activities protected by Article I, § 4 of the California Constitution or the 1st or 14th Amendments of the United States Constitution.

(Ord. 12-06, passed 5-15-2012)

   If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are declared to be severable.

(Ord. 12-06, passed 5-15-2012)

   (A)   Loud and unruly gatherings held at private residences or at rented residential and commercial premises or on public property are harmful to the persons themselves and a threat to the peace, health, safety, quiet enjoyment of residential property and the general welfare of the public. Persons at these gatherings are at greater risk to harm themselves and/or others, to be assaulted or assault others, and girls are at greater risk of sexual assaults.

   (B)   Problems associated with loud and unruly gatherings are difficult to prevent and deter. Police need an arsenal of tools to deal with the issue of these gatherings and their attendant problems. If persons are held civilly responsible by having to pay a significant fine for gathering where there is loud and unruly behavior, they will be more likely to properly supervise or stop such conduct at events held on property under their possession or control.

   (C)   In the past and present, law enforcement, fire and other emergency response services personnel have and are required to respond, sometimes on multiple occasions, to these types of gatherings. The repeated return of police officers to the location of an event constitutes a drain of emergency personnel and resources, often leaving other areas of the city without police protection or with unreasonably limited protection. Responses to such gatherings also result in a disproportionate expenditure of public safety resources of the city, which are underwritten by general municipal taxes paid to the city by its taxpayers and residents.

(Ord. 12-06, passed 5-15-2012)

   This chapter is adopted under the municipal affairs provisions of the City Charter to protect public health, safety, general welfare and quiet enjoyment of residential property and public property and properties neighboring one of these gatherings; to discourage and deter persons from hosting or improperly supervising a party where there is loud and unruly behavior; and to establish standards and controls of parties, gatherings or assemblages on private and public property when such gatherings are determined to be a threat to the public peace, health, safety or general welfare, or require initial police response and return calls to the location to disperse uncooperative participants.

(Ord. 12-06, passed 5-15-2012)

   For purposes of this chapter, the following definitions shall apply.

      (1)   Owner(s) and/or lessee(s) of the property where an unruly gathering is taking place, including the record owner of the title to property, wherever that person or entity may currently reside;

      (2)   Permittee(s) if the gathering is a permitted gathering on public property;

      (3)   Person(s) hosting or accepting responsibility for an unruly gathering;

      (4)   Person(s) receiving money or other consideration for granting access to an unruly gathering;

      (6)   Tenant of the residence or other private property; and

      (7)   Person(s) in charge of the private property.

(Ord. 12-06, passed 5-15-2012)

   (A)   When a police officer responds to a first loud or unruly gathering at premises in the city with a given address, the officer shall issue a written warning to any responsible person at the scene that:

      (1)   The officer has determined that a loud or unruly gathering exists; and

      (2)   Responsible persons will be charged for the cost of any special security services required for subsequent responses to the scene within the next 12 months.

   (B)   Only one warning will be given pursuant to this section before the city assesses special security service costs pursuant to § 6.80.050. If a responsible person cannot be identified at the scene, the Police Department may issue a warning to one of the other responsible persons defined in § 6.80.030 or subsequently return to the scene and issue the warning to a then-present responsible person. Warnings given to responsible persons who do not reside at the premises in question shall be delivered by certified mail.

(Ord. 12-06, passed 5-15-2012)

   When the Police Department or Fire Department or other city emergency responder responds to a loud or unruly gathering at premises with a given address in the city within 12 months of a warning given to a responsible person for those premises pursuant to § 6.80.040, or while any such warning remains in effect pursuant to § 6.80.040, all responsible persons shall be jointly and severally liable for the city’s costs of providing special security service for that response and all subsequent responses during that warning period.

(Ord. 12-06, passed 5-15-2012)

      (1)   A first violation;

      (2)   A second violation occurring at the same private property within one year of the first cited violation; and

      (3)   A third and any further violation occurring at the same private property within one year of the first cited violation.

(Ord. 12-06, passed 5-15-2012)

   (A)   Charges for special security service shall include a reasonable charge for the emergency responder’s time and actual costs of any equipment used or damaged in connection with the response, together with an additional 33% of the special security charge for administrative overhead. These charges shall be computed and a bill submitted to the responsible person(s). The Chief of Police shall promulgate notice and billing procedures for this purpose.

   (B)   The emergency response costs incurred under this section shall be deemed a debt owed to the city and are due 30 days after receipt of the bill. A bill will be deemed received five days after the date posted on the bill which is mailed by placing first class postage on the envelope and mailing it to the address provided by the responsible party to the law enforcement, fire or other emergency response provider or to the address where the unruly gathering took place. Any responsible person owing such debt shall be liable in a civil action brought in the name of the city for recovery of such debt, including reasonable attorney’s fees and costs and costs of collection. The bill shall contain the following information:

      (1)   The name(s) of the person(s) being held liable for the payment of such costs;

      (2)   The address where the loud and unruly gathering occurred;

      (3)   The date and time of the emergency response;

      (4)   The names of law enforcement, fire or emergency service providers who responded;

      (5)   The date(s) and time(s) of any previous warning given pursuant to § 6.80.040 and/or previous responses to unruly gatherings at the address in the city in question within the previous one year; and

      (6)   An itemized list of the emergency response costs for which the person(s) is being held liable.

(Ord. 12-06, passed 5-15-2012)

   If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are declared to be severable.

(Ord. 12-06, passed 5-15-2012)