The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a)

"Alcoholic Beverage" means alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half (½) of one percent (1%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

(b)

"Public Place" means and includes any public street, sidewalk, highway, road, lane or alley, or any other publicly owned property open to the use or business of the public at the time, but shall not include: (1) any place licensed for the consumption of alcoholic beverages on the premises; or (2) any place as set out in Section 11.01.050.

(90-86 § 2)

No person shall, in or upon any public place have in their possession any alcoholic beverage contained in any bottle, can or other receptacle which has been partially opened, unsealed, removed or consumed; provided, however, that this Section shall not apply when the alcoholic beverage is in the person's possession at the time strictly for the purpose of transporting it briefly, temporarily and directly through a place and the bottle, can, or other receptacle has not been opened or unsealed.

(90-86 § 2B)

No person shall drink, use or consume any alcoholic beverage in or upon any public place.

(90-86 § 2C)

No person shall do or commit any act prohibited in Sections 11.01.020 or 11.01.030 when such person is upon privately-owned property rather than in or upon a public place, which privately-owned property is open to the use or patronage of the general public at the time, unless the person doing or committing the act has the express or implied permission or invitation so to do from the owner or lessee or other person in charge or control of the private property or business premises involved. This Chapter shall apply to premises of any retail package off-sale alcoholic beverage licensee and any adjacent parking lot as soon as such premises and parking lot have been posted as set out in Section 11.01.080.

(90-86 § D)

Sections 11.01.030 and 11.01.040 shall not apply to consumption or possession of alcoholic beverages on City-owned property pursuant to any permit, entitlement or other permission issued or given by the City Manager or City Council in connection with the holding of a special event on or at the place or premises where the consumption or possession would otherwise be prohibited, nor shall they apply with respect to a public place owned or controlled by a public entity other than the City if the other public entity has given its express or implied permission or invitation allowing use of the premises for the purposes otherwise prohibited in those Sections.

(90-86 § E)

No person shall urinate or defecate upon his or her private property in an area exposed to public view or upon any other private property or public place except into a fixture designed for that purpose and located within a restroom.

(90-86 § 3)

All retail package off-sale alcoholic beverage licensees shall post their premises and any adjacent parking lot in a manner clearly visible to their patrons and persons on any adjacent public sidewalk notifying them of the provisions of this Chapter. Such posting shall be completed on or before December 31, 1990.

(90-86 § 5)

A violation of this Chapter shall be an infraction punishable as set out in Chapter 1.04.

(90-86 § 6)

In adopting this chapter, the City Council makes the following findings concerning minors' consumption of alcoholic beverages and/or illegal substances:

Minors often obtain, possess or consume alcoholic beverages or illegal substances at gatherings held on private property under the control of a person who knows or should know of the conduct but fails to stop it. Underage consumption of alcoholic beverages and use of illegal substances pose an immediate threat to the public health, safety and welfare in that such activities are known to increase alcohol and drug abuse by minors, physical altercations, violent crimes including rape and other sexual offenses, accidental injury, neighborhood vandalism and excessive noise disturbance, all of which may require intervention by local law enforcement and other emergency response personnel.

Law enforcement and other emergency personnel responses to disturbances involving underage consumption of alcoholic beverages and use of illegal substances at gatherings frequently require the use of extensive resources. Further, when these personnel respond to such disturbances, it limits their ability to respond to other service calls in the community, thereby placing the community at increased risk. Law enforcement and other emergency personnel are not currently reimbursed for their expenses when called to disturbances involving underage consumption of alcoholic beverages and/or illegal substances at gatherings.

The prohibitions found in this chapter are reasonable and expected to deter consumption of alcoholic beverages and illegal substances by minors by holding persons responsible who encourage, and are aware of or should be aware of, the illegal consumption of alcoholic beverages and the use of illegal substances by minors, but fail to take reasonable steps to prevent it.

(Ord. No. 262, § 1, 2-24-2015)

The following definitions shall apply to this chapter:

(a)

"Alcoholic Beverage." Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half (½) of one (1) percent or more of alcohol by volume and which is fit or used for beverage purposes either alone or when diluted, mixed, or combined with other substances.

(b)

"Enforcement Services." The actual amount of time spent by law enforcement, code enforcement, fire or other emergency response personnel in responding to, or in remaining at, or returning from a gathering at which a minor obtains, possesses or uses alcoholic beverages and/or illegal substances including, but not limited to, the salaries and benefits of these personnel, the actual cost of medical treatment incurred by these personnel, administrative costs attributable to the incident, the cost of repairing or replacing any damaged City property, and any other allowable costs related to the enforcement of this chapter.

(c)

"Gathering." A party, event or other group of two (2) or more persons who have assembled or are assembling for a social occasion or other activity on private property.

(d)

"Illegal Substances." A drug or substance whose possession and use are regulated under the Controlled Substances Act, Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Pub.L. 91-513, 84 Stat. 1236, enacted October 27, 1970, codified at 21 U.S.C. §801 et seq.) Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

(e)

"Juvenile." Any person under the age of eighteen (18) years.

(f)

"Legal Guardian." A person who is legally vested with the power and charged with the duty of taking care of a juvenile.

(g)

"Minor." Any person under the age of twenty-one (21) years.

(h)

"Parent." Any person who is a natural parent, an adoptive parent, a foster parent, a step-parent, or who acts in loco parentis for a juvenile.

(i)

"Private Property." A private residence, where one (1) actually lives or has his or her home, or any other privately-owned land, including vacant land or any appurtenances or structures on the land, in the unincorporated area of the City.

(j)

"Social Host." Any of the following:

(1)

The person or persons who owns, rents, or is otherwise in charge of private property where a gathering takes place where one (1) or more minors consume one (1) or more alcoholic beverages and/or illegal substances;

(2)

The person or persons authorizing the use of private property for a gathering where one (1) or more minors consume one (1) or more alcoholic beverages and/or illegal substances; or

(3)

The person or persons who organized a gathering where one (1) or more minors consume one (1) or more alcoholic beverages and/or illegal substances.

(Ord. No. 262, § 1, 2-24-2015)

It is the duty of a social host who knowingly hosts, permits, or allows a gathering on the property to take all reasonable steps to prevent the consumption of alcoholic beverages and illegal substances by any minor at the gathering. Reasonable steps include, but are not limited to:

(a)

Controlling access to alcoholic beverages and illegal substances,

(b)

Controlling the quantity of alcoholic beverages and illegal substances present at the gathering,

(c)

Verifying the age of each person attending the gathering by inspecting each person's driver's license or other government-issued identification card, and

(d)

Supervising the activities of minors at the gathering.

No social host shall allow a gathering to take place or continue on his/her private property if a minor at the gathering obtains, possesses, or consumes any alcoholic beverage and the social host knows or reasonably should know, that the minor has obtained, possesses, or is consuming alcoholic beverages and/or illegal substances at the gathering.

No social host shall allow a gathering to take place or continue on his/her private property if a minor at the gathering obtains, possesses, or consumes any alcoholic beverage, when the social host has not taken all reasonable steps to prevent the consumption of alcoholic beverages and the use of illegal substances by any minor at the gathering.

(Ord. No. 262, § 1, 2-24-2015)

This chapter shall not apply to any person who provides an alcoholic beverage to a minor as permitted by Article 1, Section 4, of the California Constitution.

(Ord. No. 262, § 1, 2-24-2015)

Each incident in violation of Section 11.04.030 shall constitute a separate offense and shall be punishable or actionable as set forth in this chapter.

(Ord. No. 262, § 1, 2-24-2015)

The City Attorney and the County Sheriff are authorized to administer and enforce the provisions of this chapter. The City Attorney and the County Sheriff may exercise any enforcement powers provided by law.

(Ord. No. 262, § 1, 2-24-2015)

All remedies and penalties provided for in this chapter shall be cumulative and discretionary, and not exclusive, in accordance with this section.

(Ord. No. 262, § 1, 2-24-2015)

Any person who violates Section 11.04.030 is guilty of a misdemeanor and shall be punished in the same manner as provided by in Chapter 1.04.

Criminal citations shall be issued in the same manner and under the same authority as provided by Chapter 1.04 except as otherwise specified in this chapter.

(Ord. No. 262, § 1, 2-24-2015)

Pursuant to California Civil Code Section 1714.1, any act of willful misconduct of a juvenile that results in injury or death to another person or in injury to the property of another shall be imputed to the parent or legal guardian having custody and control of the juvenile for all purposes of civil damages, and the parent or legal guardian having custody and control shall be jointly and severally liable with the juvenile for any damages resulting from the willful misconduct.

When a person(s) responsible for a gathering is a juvenile, the parents or legal guardian(s) of that juvenile shall be jointly and severally liable for the costs incurred for enforcement services pursuant to this chapter.

A social host shall be liable for the cost of providing enforcement services in response to a gathering in which a minor(s) has obtained, possessed, or consumed alcoholic beverages or used illegal substances. Such costs include the City's reasonable attorneys' fees in the event of litigation.

All violations of this chapter may be subject to enforcement through the initiation of a civil action.

(Ord. No. 262, § 1, 2-24-2015)

As an alternative to the criminal or civil enforcement of this chapter, all violations of this chapter may be subject to enforcement through the use of administrative citations in accordance with California Government Code Section 53069.4 and in the same manner and under the same authority as provided at Chapter 1.04.

(Ord. No. 262, § 1, 2-24-2015)

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

(Ord. No. 262, § 1, 2-24-2015)

No provision within this chapter shall apply where prohibited or preempted by state or federal law.

(Ord. No. 262, § 1, 2-24-2015)

The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a)

"Drug" or "drugs" means one or more controlled substances, including precursors and analogs, as defined in Health and Safety Code Section 11007.

(b)

"Gang" means any ongoing organization, association or group of three (3) or more persons, whether formal or informal, which has a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of illegal conduct.

(c)

"Illegal conduct" means a misdemeanor or felony as defined by State or Federal Law.

(89-59 § 2)

(a)

Any building or place used for the purpose of illegal conduct by a gang or gangs or gang members, or wherein or upon which such illegal conduct takes place, or any place as defined in Health and Safety Code Section 11570 is a public nuisance and may be abated as set out herein.

(b)

Abatement procedures for a nuisance as defined in Health and Safety Code Section 11570 may be commenced as set out herein

(89-59 § 3)

(a)

The Police Department may identify a building or place which is a nuisance as defined in this Chapter by documenting a pattern of continuous and repeated drug or illegal conduct in or at such building or place. The City and Police Department shall develop procedures for use in the identification, determination and documentation of such nuisances, including, but not limited to, documenting arrests for illegal conduct or arrests related to drugs, statements from neighbors or declarations from the owner or manager of the property.

(b)

Alternatively, the owner or manager of property who believes that a nuisance as defined herein may exist on his property may provide the City or Police Department with a written description of such nuisance and a written request that the Police Department investigate under its procedures, and, where appropriate, request abatement of the nuisance.

(89-59 § 4)

(a)

Where the Police Department and City have determined that a nuisance exists as defined herein, it shall give notice of the existence of such nuisance and a request for immediate abatement to the owner, occupant, manager, or agent for the property and to any other person interested in the property or who has requested such notice.

(b)

The first notice shall be by letter, which shall state the location of the nuisance, the type of illegal or drug activity, and the requested manner of abatement. The letter shall give thirty (30) calendar days in which to commence voluntary abatement of the nuisance in the manner requested. Abatement may include, but is not limited to, eviction of the tenant(s) creating the nuisance or closure of the building.

(c)

Within that thirty (30) day period, the owner of any property so identified may request in writing that the City and Police Department proceed with abatement against the property as set out in this Chapter and under State law. As a condition to abatement, the Police Department and the City may enter into an agreement with the owner or agent to assist in such proceedings or to bring the building into compliance with applicable State, Federal and local building codes and regulations.

(d)

At the end of the thirty (30) day period, the Police Department and City shall determine whether or not the nuisance is being or has been abated. If the Police Department finds that such nuisance continues to exist, the owner, occupant, manager or agent and any other interested person or person requesting notice shall be served with a second notice. The second notice shall state that the nuisance continues to exist, its location, type and manner of abatement and that abatement must commence within five (5) working days or the matter will be referred to the City Attorney for civil action.

(e)

The notices required by this Section shall be served by personal delivery or by mailing, first class, postage prepaid, return receipt requested, to the owner at his last known mailing address as it appears on the last equalized assessment roll of the County, and to the occupant, manager or agent at the address of the building or any other known address. The failure of any person entitled to receive such notice shall not affect the validity of any proceedings under this Chapter.

(f)

Upon receipt of a response from the person served, the Police Department and the City may agree in writing to extend the time to commence, perform or complete abatement, and may condition such extension on the performance of actions by the owner, occupant, manager, or agent, including, but not limited to, bringing the building into compliance with any and all applicable local, State and Federal building codes and regulations.

(89-59 § 5)

When the owner, occupant, manager, agent or other interested and responsible person has failed to abate the nuisance after notification as set out in Section 11.08.040, or has violated the terms of any agreement reached under Subsections (c) and (f) thereof, the City Attorney is authorized to commence a civil action to abate the nuisance as set out under Health & Safety Code Sections 11570q. and the Civil Code of California, and to seek a temporary injunction, protection of witness and any and all applicable damages and remedies, including attorneys' fees and costs. Any such damages or costs when unpaid shall become a lien and charge against the building or property. The City Attorney shall use his or her best efforts to obtain a remedy from the tenant or other party or parties causing any damage, other than the landlord.

(89-59 § 6)

It shall be unlawful to shoot or discharge any firearm between one-half (½) hour after sunset and one-half ( 1/2; ) hour before sunrise the following day within the City limits, except in the defense of life or property.

(Ord. No. 241, § 1, 8-9-2011)

Except as otherwise provided by statute of the State, it shall be unlawful for any person to discharge a firearm or shoot or discharge a bow and arrow within the City limits within one hundred fifty (150) yards of any train, aircraft or domestic livestock, or within one hundred fifty (150) yards of any building without having in his possession the written permission of the owner or tenant thereof, or within one hundred fifty (150) yards of any tent, motor home, house trailer, or other temporary encampment of persons without the permission of the occupants thereof, without having in his immediate possession the written permission of the occupants or tenants thereof.

(Ord. No. 241, § 1, 8-9-2011)

The provisions of this Chapter shall not apply to: any peace officer in the regular discharge of his or her duties; any officers or employees of the City acting in their official capacity and within the scope of their employment; any person engaged in the protection of crops or livestock; any discharge of bow and arrows or firearms at any lawfully established facility designed for such discharge (i.e., an archery course or firearm range); any person in the lawful protection of life or property.

(Ord. No. 241, § 1, 8-9-2011)

It shall be unlawful for any person to paint, chalk or otherwise apply graffiti or other inscribed material on public or privately owned structures located on public or privately owned real property within the City.

(91-92 § 2)

As used herein, "graffiti" means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any structural component of any building, structure or other facility, regardless of the nature of the material of that structural component.

(91-92 § 2)

Whenever the Community Development Director or Code Enforcement Officer or their designee determines that the graffiti is obnoxious and is capable of being viewed by any person within the City's limits, the City is authorized to provide for the removal of the graffiti by either of the procedures set out in Sections 11.16.040 or 11.16.050.

(91-92 § 3)

Notwithstanding any provisions herein, any property owner or occupant may request that at City expense City remove from his or her property graffiti not generated or placed there by such owner or occupant. Any such request shall be addressed to the City Manager. The City may agree to such removal or may request payment in whole or in part from the property owner or applicant.

If graffiti exists on privately owned property, or property owned by another public agency, the City or its contractor shall obtain the written consent of the property owner and/or occupant, agent or person having care, charge, custody, and control of the property before proceeding to remove such graffiti. Said property owner shall also execute a release and waiver approved as to form by the City Attorney. After acquiring the executed release and waiver, the City at its expense or with the contribution of the property owner may remove said graffiti, but shall not paint or repair a more extensive area.

(91-92 § 4)

(a)

Public Nuisance—Duty of Owner. Any and all graffiti as defined in this Chapter, existing or maintained for over three (3) consecutive calendar days on private property shall constitute a public nuisance. The owner or occupant of such property shall be responsible for the abatement of the nuisance by the removal of such graffiti.

(b)

Notice to Abate Nuisance. Whenever the City Manager, Code Enforcement Officer or their designee deems it necessary to enforce this Chapter, he/she shall issue a "Notice to Abate Nuisance by Removal of Graffiti" by either of the following methods:

(1)

Personal delivery mailing to the owner as shown on the tax rolls and to any occupant of the property, or by posting the property; and

(2)

The "Notice" shall be substantially in the form illustrated by Figure 1.

(3)

Emergency Procedure. Whenever, in the opinion of the City Manager or Code Enforcement Officer or their designee, there is any immediate detriment to the public welfare and safety, such that abatement must be undertaken in less than seven (7) days, he or she may take the steps necessary to protect property or the public welfare and safety without first giving notice as required under this Chapter or after giving such notice as is possible under the circumstances. Notwithstanding, notice set out here shall be given as soon as possible after such abatement begin.

(c)

Appeal Procedure. Any person who is affected by the Notice of Abatement set forth herein may appeal to the Planning Commission within the time for compliance with the order by an appeal in writing filed with the issuing officer or department supervisor of such officer. A timely appeal shall stay any further action until the date set for public hearing. The officer receiving the written appeal shall inform the issuing officer, who shall set the matter for public hearing before the Planning Commission and notify the appellant of the date set for such hearing, at least fifteen (15) days prior to such date. If the appellant resides outside the City, the above period of notice shall be at least thirty (30) days. The Planning Commission shall act on the appeal within fifteen (15) days of the public hearing and written notice shall be mailed to appellant immediately thereafter.

(d)

Appeal to City Council. Any decision of the Planning Commission may be appealed to the City Council by filing a written notice of appeal with the City Clerk or his/her deputy within ten (10) days of receipt of the Planning Commission opinion. The City Council shall conduct a public hearing within thirty (30) days of the filing of such notice. No abatement shall be carried out during that time. The decision of the City Council shall be mailed to the appellant within ten (10) days thereof and shall be final.

(e)

Giving of Notice. All notices hereunder shall be deemed given when deposited in the mail first class, certified, return receipt requested, posted, or personally delivered.

(f)

Abatement by City. As to any lot or parcel within the City as to which no such written appeal shall have been filed within ten (10) days after the posting and/or mailing of such notices, upon expiration of said period, or upon exhaustion of all appeals, the Code Enforcement Officer or such other designated officers, assistants, employees, contract agents or other representatives, are authorized and directed to abate any and all such nuisances upon such lots or parcels of property and are hereby expressly authorized to enter upon private property for the purpose of posting or serving notice or abating a public nuisance or violation of this Chapter.

(91-92 § 5)

(a)

In abating a nuisance under Section 11.16.050, the Code Enforcement Officer or other designated officials shall keep an account of the costs of abatement, including incidental expenses, and shall render an itemized report in writing to the City Council showing the total costs of the abatement, including incidental expenses necessarily incurred. The term "incidental expenses" shall include administrative overhead, the cost of printing, advertising and/or posting provided for in this Chapter, the compensation of the person appointed by the City to take charge of and superintend any of the work authorized under this Chapter, legal expenses, and the expenses of preparing and typing the resolutions, notices and other papers and hearings and other proceedings for such work and any other expenses incidental to the completion and inspection of the work.

(b)

The Code Enforcement Officer or such other designated officials shall also transmit to the City Treasurer a copy of the record of costs of abatement. The City Treasurer shall mail to each person whom a lot or parcel of land is assessed at the last known address of such person as shown in the City records, or on the last equalized assessment roll or supplemental roll, whichever is most current, a statement of the charge proposed to be assessed against any such lot or parcel of land under the provisions of this Chapter. Such mailing shall be made not later than ten (10) days prior to the time set for the Council hearing to confirm such assessments under Section 11.16.090 of this Chapter and shall include a notice of the time and place for which the hearing has been set. Failure of any record owner to receive any such mailed notice and statement shall not affect the validity of any proceedings under this Chapter.

(91-92 § 6)

Within thirty (30) days after the service thereof, any persons so served may have a public hearing before the City Council at a regular meeting of the City Council falling within such period, at which time the City Council shall hear any objections to such accounting and record of costs of abatement. The City Council, at the public hearing, if one is requested, or at any other regular meeting if no public hearing is requested, shall make any modifications in the record of costs of abatement as it deems necessary, after which, by order or resolution, the record of costs of abatement shall be confirmed.

(91-92 § 7)

The amounts of the cost for abating the public nuisance and violation from the land, as confirmed, shall constitute a special assessment against that land.

(91-92 § 8)

(a)

A copy of the special assessment as confirmed shall be filed with the County Auditor/Tax Collector between July 1 and September 8 of each year who shall enter the amount of the assessment against the parcel of land as it appears in the current assessment roll. The Tax Collector shall include the amount of the assessment on the bills for taxes levied against lots and parcels of land. Thereafter, the amount of the assessment shall be collected at the same time and in the same manner as City taxes are collected, and be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary City taxes. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation. On land for which no property tax is due, the special assessment shall be collected at the same time taxes on such land would be collected, and in a similar manner.

(b)

Alternatively, the City Council may utilize the lien procedure set out in Government Code Section 38773.1.

(91-92 § 9)

All or any portion of any such special assessment, penalty, or cost entered pursuant hereto, shall on order of the City Council be cancelled by the City Treasurer if uncollected, refunded by the City Treasurer if collected, if it or they were entered, charged or paid:

(a)

More than once;

(b)

Through clerical error;

(c)

Through the error or mistake of the City Council or the public officer with respect to any material fact; or

(d)

Illegal.

(91-92 § 10)

It shall be unlawful for any person to place, put, mark, etch, scratch, draw, paint, or cause to be placed, put, marked, etched, scratched, drawn, or painted graffiti on any component of a building, structure or other facility.

(91-92 § 11)

Any person violating any of the provisions of this Chapter shall be deemed guilty of an infraction.

(91-92 § 12)

The provisions of Ordinance No. 64 are hereby repealed in their entirety.

(91-92 § 14)

Chapter 11.16: Figure 1

Notice to Abate Nuisance by Removal of Graffiti

The provisions of Section 1094.6 of the Code of Civil Procedure of the State are hereby adopted by the City Council, and said provisions are hereby made applicable in the City.

(87-11 § 1)

The provisions of this Chapter shall be applicable to "decisions", as defined by Section 1094.6 of the Code of Civil Procedure of the State, that are final on and after November 23, 1987.

(87-11 § 2)

(a)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of school, apartment houses, office buildings, transport facilities and shops.

(b)

In addition to the provisions of Section 11.24.020 of the Code, and except as set out in subsection (b), below, it is unlawful for any minor under the age of eighteen (18) who is subject to compulsory education or to compulsory continuation education requirements to remain in any public place or establishment within the City between the hours of 7:30 a.m. and 1:50 p.m. or other hours as designated by the respective school district or school on days when school is in session. This section shall not apply to minors with special schedules, as determined by the respective school district or school, including, but not limited to, children involved in special education or home teaching. Minors who graduate from high school prior to their eighteenth birthday shall not be subject to this ordinance.

(c)

Truancy Exceptions. The provisions of subsection (a) do not apply when:

(1)

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

(2)

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

(3)

The minor is involved in an emergency.

(4)

The minor is attending, going to or returning home without any detour or stop from a meeting, school activity, civic organization, educational, religious or recreational activity.

(5)

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

(6)

The minor is in a motor vehicle involved in interstate travel.

(7)

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

(8)

The minor is on the sidewalk adjacent to his/her residence.

(9)

The minor is going directly to or returning directly from a medical appointment.

(10)

The minor has permission to leave campus for lunch.

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

(Ord. 142 § 2, 1998)

Sections 25.011 and 25.012 of the County Code are superseded in their entirety and readopted to read as follows:

(a)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of school, apartment houses, office buildings, transport facilities and shops.

(b)

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

(1)

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

(2)

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

(3)

The minor is involved in an emergency.

(4)

The minor is attending, going to or returning home without any detour or stop from a meeting, school activity, civic organization, educational, religious or recreational activity.

(5)

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

(6)

The minor is in a motor vehicle involved in interstate travel.

(7)

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

(8)

The minor is on the sidewalk adjacent to his/her residence.

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

(Ord. 143 § 2, 1998)

(a)

Massage therapy is an integral component of the scope of services sought by residents and tourists.

(b)

The City's current regulations do not reflect the needs of citizens nor the massage profession.

(c)

Licensing standards pertaining to massage therapy business activities are necessary to protect the public health and safety and the personal safety of Massage Technicians and Massage Therapists.

(d)

A fee is necessary to offset the costs associated with the implementation and administration of this Chapter.

(Ord. 186 §1, 2004)

The purpose of this Chapter is to insure the protection of the public health and safety and the personal safety of Massage Technicians and Massage Therapists through the establishment of certain licensing standards pertaining to massage therapy business activities within the City and to recognize massage therapy as a legitimate business occupation and health enhancement service.

(Ord. 186 §2, 2004)

The following definitions shall be applicable to this Chapter:

"Certified copy" means a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer.

"Certified statement" means a written assertion, claim or declaration bearing the original signature of the issuer.

"Communicable disease" means tuberculosis, or any disease which may be transmitted from a Massage Technician to a patron through normal physical contact during the performance of any massage service.

"Complete application" means an application which provides all of the requisite information required to be provided by an applicant pursuant to this Chapter.

"Full nudity" or "semi-nudity" means any of the following:

(a)

The appearance or display of an anus, male or female genital, pubic region, or a female breast below a point immediately above the top of the areola, and/or;

(b)

A state of undress which less than completely and opaquely covers an anus, male or female genital, pubic region or a female breast below a point immediately above the top of the areola.

"Massage" or "massage therapy" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. "Massage" and "massage therapy" shall include such manipulation of the body or similar procedures described in this paragraph that are performed in hydrotherapy, spa or similar bath facilities.

"Massage Technician" or "Massage Therapist" means an individual who, for any consideration whatsoever, performs or offers to perform a massage.

"Off-premises massage" means a massage performed at a location that is not regularly or routinely used for purposes of providing massage services.

"Patron" means any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money.

"Permit" means the written license to engage in the practice of massage for compensation as required by this Chapter.

"Permit Administrator" means the City Manager or that person designated by the City Manager to be responsible for issuing, revoking and otherwise administering any provision of this Chapter.

"Permittee" means the person to whom a permit has been issued pursuant to this Chapter.

"Person" means any of the following:

(a)

An individual;

(b)

A proprietorship;

(c)

A partnership;

(d)

A corporation;

(e)

An association;

(f)

A limited liability company; or

(g)

Any other legal entity.

"Physician's Certificate" means a certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty (60) days prior to the filing date of the application, been examined by the physician and it has been determined that the applicant is free of any communicable disease as defined in this Chapter.

"Recognized School of Massage" means any school or educational institution licensed or approved by the state in which it is located, whose purpose is to upgrade the professionalism of Massage Technicians and which teaches the theory, ethics, practice, profession or work of massage and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or leaning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school.

"Specified anatomical area" means human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola.

"Specified sexual activities" means any of the following:

(a)

The fondling or other erotic touching of human genitals, pubic region, anus, or female breasts;

(b)

Sex acts, normal or perverted, actual, simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy; or

(c)

Excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy.

(Ord. 186 §3, 2004)

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.040. Former § 11.28.040 pertained to permit requirements and derived from Ord. 186, adopted in 2004.

Except as expressly provided in this Chapter, no person shall perform or offer to perform an off-premises massage unless he or she has a valid Massage License from the State of California. Nothing in this Chapter shall exempt a person from zoning or other applicable requirements set out elsewhere in this Code or in the Zoning Ordinance, and every person shall comply with all such requirements.

(Ord. 186 §5, 2004)

(Ord. No. 275, § 4(Exh. A), 3-28-17)

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.060. Former § 11.28.060 pertained to permit review and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.070. Former § 11.28.070 pertained to current information and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.080. Former § 11.28.080 pertained to temporary permits and derived from Ord. 186, adopted in 2004.

No person shall engage in the business of massage between the hours of 10:00 p.m. and 7:00 a.m. without first applying for and receiving a Massage Technician Permit with Off-premise Endorsement (Massage Therapist) pursuant to Section 11.28.050 of this Chapter.

(Ord. 186 §9, 2004)

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.100. Former § 11.28.100 pertained to grounds for denial of application and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.110. Former § 11.28.110 pertained to renewal of permit and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.120. Former § 11.28.120 pertained to therapist's dress and identification and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.130. Former § 11.28.130 pertained to prohibited activities and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.140. Former § 11.28.140 pertained to suspension and revocation of permit and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.150. Former § 11.28.150 pertained to appeals and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.160. Former § 11.28.160 pertained to other remedies and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.170. Former § 11.28.170 pertained to exemptions and derived from Ord. 186, adopted in 2004.

If any section, subsection or clause of this Chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be affected thereby.

(Ord. 186 §18, 2004)

This Chapter shall become effective on the thirtieth day following its adoption.

(Ord. 186 §19, 2004)

For the purpose of this Chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Distribute" shall mean the act of placing, throwing, casting, scattering or depositing unsolicited written materials upon any residential or commercial property. The term "distribute" does not include giving written material to any person who is willing to accept it, or giving written material to any person as part of a face-to-face encounter with that person.

"Person" means any individual, firm, partnership, association, corporation or organization of any kind.

"Unsolicited written material" means written material that is delivered to any residential or commercial property in the absence of a subscription agreement or in the absence of the consent of any owner or occupier of the premises.

"Written material" means any handbill, pamphlet, circular, paper, booklet, poster, leaflet or other printed material distributed for the primary purpose of advertising, selling, or attempting to sell any product, merchandise, commodity, property, business, service or skill.

(Ord. No. 219, § 1, 4-28-2009)

(a)

No person may distribute unsolicited written materials to any residential or commercial property without the owner or authorized agent of the distribution entity (the "distributor") having first appeared before the City Clerk and notifying the same, or his or her designee, of the distributor's intent to distribute and the dates during which such distribution shall take place. The distributor shall sign and acknowledge that he or she accepts responsibility for compliance with the provision of this Chapter.

(b)

The distributor shall provide to the City Clerk, or his or her designee, the name of the written materials to be distributed, the dates(s) and approximate locations(s) of each such distribution, and the distributor's name, employer, and an address and telephone number where the distributor, or his or her employer, may be contacted.

(c)

Upon providing the above-described information, the City Clerk, or his or her designee, shall automatically and immediately issue a distribution acknowledgment without charge to the distributor. A distribution acknowledgment shall only be withheld if the distributor has received three (3) or more citations within the twelve (12) months preceding the date of the acknowledgment application.

(d)

The distribution acknowledgment shall specify the dates for which the distributor is permitted to distribute unsolicited written materials. The acknowledgment shall automatically expire at 5:00 p.m. on the last date listed.

(e)

The distributor shall carry a copy of the acknowledgment in his or her possession at all times and shall exhibit the same at any time upon request of any police officer or code enforcement officer of the City.

(Ord. No. 219, § 1, 4-28-2009)

In the event that the City Clerk withholds an acknowledgment, the City Clerk, or his or her designee, shall provide verbal and written notification of the grounds for withholding the acknowledgment and inform the distributor of his or her right to appeal. The distributor may appeal the City Clerk's decision to the City Manager. The City Manager shall hear the appeal within five (5) days of filing. The decision of the City Manager shall be final.

(Ord. No. 219, § 1, 4-28-2009)

It shall be unlawful for any person to distribute unsolicited written material, or cause unsolicited material to be distributed, in violation of the following regulations:

(a)

Unsolicited written materials shall not be distributed by any person who has not, prior to such distribution, obtained an acknowledgment of distribution from the City Clerk or his or her designee.

(b)

Unsolicited written materials shall not be distributed to any residential or commercial property that contains a conspicuously posted sign with the words "no solicitation" or words substantially similar. However, unsolicited written materials may be distributed in or upon private property, even though the above-mentioned sign is so maintained, if the person distributing such written material has first obtained the consent of the owner or occupier of the property upon which the written material is proposed to be distributed.

(c)

Unsolicited written materials shall not be distributed to any residential or commercial property after the distributor has received from an owner or occupier of the property a request not to distribute such written material.

(d)

Unsolicited written materials shall not be distributed to any property that contains unremoved unsolicited written material from the same distributor.

(e)

Unsolicited written materials shall not be distributed upon any residential or commercial property that reasonably appears to be vacant. For the purposes of this provision, the phrase "reasonably appears to be vacant" shall mean that the structure or structures on the residential or commercial property do not appear to contain any interior furnishings as viewed from the public right-of-way.

(f)

Unsolicited written material shall not be distributed to, or upon, any residential or commercial property at any location other than the doorknob or doorstep of such premises.

(Ord. No. 219, § 1, 4-28-2009)

Any person who distributes unsolicited written materials shall be responsible to clean up and remove all of the written materials distributed by him or her which remains on or upon any residential or commercial property for more than thirty (30) consecutive days after the date of such distribution.

(Ord. No. 219, § 1, 4-28-2009)

The provisions of this Chapter shall not apply to the following:

(a)

The distribution of United States mail, telegrams or other matter preempted by state or federal law;

(b)

The posting of legally required notices;

(c)

The distribution of any notices or other written material by persons employed by or acting at the behest of the City, State of California, or the Federal Government.

(Ord. No. 219, § 1, 4-28-2009)

In addition to all other penalties available under this Code or the laws of this state, the first violation of any of the provisions of this Chapter shall be punished as an infraction. The second, and any and all subsequent violations of any of the provisions of this Chapter, may be punished as a misdemeanor.

(Ord. No. 219, § 1, 4-28-2009)

Recreational use of psychoactive bath salts, psychoactive herbal incense and similar products commonly known as "synthetic drugs" has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism and death. While State and Federal laws and regulations prohibit some synthetic drugs, the makers of these drugs continually alter the composition of the compounds in their products so as to escape the purview of these laws and regulations. The purpose and intent of this Chapter is to provide the City with reasonable measures to address the dangers to the community posed by synthetic drugs that are not regulated by State or Federal law.

(Ord. No. 250, § 4, 2-26-2013)

(a)

"Business" shall have the same meaning as the definition provided in Section 5.01.010(a).

(b)

"Consume," "consuming" or "consumption" shall mean to ingest, inhale, inject, smoke or snort (insufflate).

(c)

"Distribute", "distributing" or "distribution" shall mean to furnish, give away, exchange, transfer, deliver or supply, whether for monetary gain or not.

(d)

"Market" or "marketing" shall mean to promote, advertise or attempt to sell a product.

(e)

"Person" shall mean an individual, a proprietorship, a partnership, a corporation, an association, a limited liability company or any other legal entity.

(f)

"Possess," "possessing" or "possession" shall mean to have for consumption, distribution or sale in one's actual or constructive custody or control, or under one's authority or power, whether such custody, control, authority and/or power be exercised solely or jointly with others.

(g)

"Provide," "providing" or "provision" shall mean offering to distribute or sell a product or substance to any person.

(h)

"Psychoactive bath salts" shall mean any crystalline or powder product that contains a synthetic chemical compound that, when consumed, elicits psychoactive or psychotropic stimulant effects. The term "psychoactive bath salts" includes without limitation:

(1)

Products that elicit psychoactive or psychotropic stimulant effects and contain any of the following intoxicating chemical compounds:

(A)

Cathinone (2-amino-1-phenyl-1-propanone), 4-methylmethcathinone (2-methylamino-1-(4-methylphenyl)propan-1-one), 4-methoxymethcathinone (1-(4-methoxyphenyl)-2-(methylamino)propan-1-one), MDPV (methylenedioxypyrovalerone), MDMA (3,4-methylenedioxy-N-methylamphetamine), methylone (3,4-methylenedioxy-N-methylcathinone), methcathinone (2-(methylamino)-1-phenyl-propan-1-one), flephedrone (4-fluoromethcathinone), 3-FMC (3-fluoromethcathinone ), ethcathinone (2-ethylamino-1-phenyl-propan-1-one), butylone (β-keto-N-methylbenzodioxolylbutanamine), α-PPP (α-pyrrolidinopropiophenone), MPPP (4'-methyl-α-pyrrolidinopropiophenone), MDPPP (3',4'-methylenedioxy-α-pyrrolidinopropiophenone), α-PVP (1-phenyl-2-(1-pyrrolidinyl)-1-pentanone) or naphyrone (1-naphthalen-2-yl-2-pyrrolidin-1-ylpentan-1-one);

(B)

Any derivative of the above listed intoxicating chemical compounds;

(C)

Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds;

(D)

Any chemical alteration of the above listed intoxicating chemical compounds; or

(E)

Any other substantially similar chemical structure or compound; and

(2)

Products that elicit psychoactive or psychotropic stimulant effects and are marketed under any of the following trade names: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night and White Lightning.

The term "psychoactive bath salts" shall not include any product, substance, material, compound, mixture or preparation that is specifically excepted by the California Uniform Controlled Substances Act ("UCSA") (Health and Safety Code §§ 11000 et seq.), listed in one (1) of the UCSA's schedules of controlled substances (Health and Safety Code §§ 11053-11058), regulated by one (1) of the UCSA's synthetic drug laws (Health and Safety Code §§ 11357.5, 11375.5 and 11401), regulated by the Federal Controlled Substances Act (the "CSA") (21 USC §§ 81 et seq.) or approved by the Food and Drug Administration ("FDA").

(i)

"Psychoactive herbal incense" shall mean any organic product consisting of plant material that contains a synthetic stimulant compound that, when consumed, elicits psychoactive or psychotropic euphoric effects. The term "psychoactive herbal incense" includes without limitation:

(1)

Products that elicit psychoactive or psychotropic euphoric effects and contain any of the following intoxicating chemical compounds:

(A)

Cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2-methylnonan-2-yl)phenol), JWH-018 (naphthalen-1-yl-(1-pentylindol-3-yl)methanone), JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone), JWH-200 ((1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone), HU-210 ((6aR,10aR)- 9-(Hydroxymethyl)- 6,6-dimethyl- 3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo [c]chromen- 1-ol), CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol) or AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone);

(B)

Any derivative of the above listed intoxicating chemical compounds;

(C)

Any synthetic substance and its isomers with a chemical structure similar to the above listed intoxicating chemical compounds;

(D)

Any chemical alteration of the above listed intoxicating chemical compounds; or

(E)

Any other substantially similar chemical structure or compound; and

(2)

Products that elicit psychoactive or psychotropic euphoric effects and are marketed under any of the following trade names: K2, K3, Spice, Genie, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Stinger, Serenity, Fake Weed and Black Mamba.

The term "psychoactive herbal incense" shall not include any product, substance, material, compound, mixture, or preparation that is specifically excepted by the UCSA (Health and Safety Code §§ 11000 et seq.), listed in one (1) of the UCSA's schedules of controlled substances (Health and Safety Code §§ 11053-11058), regulated by one (1) of the USCA's synthetic drug laws (Health and Safety Code §§ 11357.5, 11375.5 and 11401), regulated by the CSA (21 USC §§ 81 et seq.) or approved by the FDA.

(j)

"Psychoactive or psychotropic stimulant effects" shall mean affecting the central nervous system or brain function to change perception, mood, consciousness, cognition and/or behavior in ways that are similar to the effects of cocaine, methylphenidate or amphetamines.

(k)

"Psychoactive or psychotropic euphoric effects" shall mean affecting the central nervous system or brain function to change perception, mood, consciousness, cognition and/or behavior in ways that are similar to the effects of cannabis.

(l)

"Sell," "selling" or "sale" shall mean to furnish, exchange, transfer, deliver or supply for monetary gain.

(m)

"State and Federal synthetic drug laws" shall include California Health and Safety Code Sections 11357.5, 11375.5 and 11401, the "Combating Dangerous Synthetic Stimulants Act of 2011" (S.409), the "Dangerous Synthetic Drug Control Act of 2011" (S.605), and the "Combating Designer Drugs Act of 2011" (S.839) (amending the "Controlled Substances Act," 21 U.S.C. § 812 et seq.).

(n)

"Synthetic drug" shall include:

(1)

Psychoactive bath salts and psychoactive herbal incense as those terms are defined hereinabove; and

(2)

Any other product possessed, provided, distributed, sold and/or marketed with the intent that it be used as a recreational drug, such that its consumption or ingestion is intended to produce effects substantially similar to the effects created by the above-listed chemical compounds and/or is intended to produce effects substantially similar to the effects created by compounds banned by the State and Federal synthetic drug laws. Any reasonable evidence may be utilized to demonstrate a product's intended use causes it to fit the definition of a synthetic drug including, without limitation, any of the following evidentiary factors:

(A)

The product is not suitable for its marketed use (such as a crystalline or powder product being marketed as "glass cleaner");

(B)

The individual or business providing, distributing or selling the product does not typically provide, distribute or sell products that are used for that product's marketed use (such as a liquor store selling "plant food");

(C)

The product contains a warning label that is not typically present on products that are used for that product's marketed use (such as "not for human consumption," "not for purchase by minors," or "does not contain chemicals banned by Section 11357.5");

(D)

The product is significantly more expensive than products that are used for that product's marketed use (such as a half of a gram of a substance marketed as "glass cleaner" costing fifty dollars ($50.00));

(E)

The product resembles an illicit street drug (such as cocaine, methamphetamine or marijuana); or

(F)

The product's name or packaging uses images or slang referencing an illicit street drug (such as "Eight Ballz" or "Green Buddha").

(Ord. No. 250, § 4, 2-26-2013)

(a)

It is unlawful for any person to provide, distribute or sell any synthetic drug within the City.

(b)

To determine if a person is providing, distributing or selling a synthetic drug, the enforcing officer may consider any of the evidentiary factors set forth in Section 11.36.020(n)(2).

(c)

Merely disclaiming a synthetic drug as "not safe for human consumption" will not avoid the application of this section.

(Ord. No. 250, § 4, 2-26-2013)

(a)

It is unlawful for any person to possess any synthetic drug within the City.

(b)

To determine if a person has a synthetic drug in his, her or its possession, the enforcing officer may consider any of the evidentiary factors set forth in Section 11.36.020(n)(2).

(c)

Merely disclaiming a synthetic drug as "not safe for human consumption" will not avoid the application of this section.

(Ord. No. 250, § 4, 2-26-2013)

(a)

It is a public nuisance for any person to provide, distribute or sell any synthetic drug within the City.

(b)

It is a public nuisance for any person to allow the provision, distribution or sale of any synthetic drug on property owned, controlled or managed by such person within the City.

(c)

To determine if a person is providing, distributing or selling a synthetic drug, the enforcing officer may consider any of the evidentiary factors set forth in Section 11.36.020(n)(2).

(d)

Merely disclaiming a synthetic drug as "not safe for human consumption" will not avoid the application of this section.

(Ord. No. 250, § 4, 2-26-2013)

Because the use of synthetic drugs has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism and death, any violation of this Chapter presents a grave and imminent danger not only to the person consuming the synthetic drug, but also to the public at large. If the code enforcement officer, based on the facts then known, determines that a violation of this Chapter presents an imminent danger or hazard or is imminently injurious to the public health or safety, then that violation is punishable by the summary abatement procedures set forth in Section 1.04.020(d).

(Ord. No. 250, § 4, 2-26-2013)

(a)

Misdemeanor Violation. Failure to comply with any of the requirements of this Chapter is a misdemeanor punishable by imprisonment in the City or County jail for a period not exceeding six (6) months or by fine not exceeding one thousand dollars ($1,000.00), or by both, provided that where the City Attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction.

(b)

Infraction Violation. Where the City Attorney determines that, in the interest of justice, a violation of this Chapter is an infraction, such infraction is punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one (1) year, and a fine not exceeding five hundred dollars ($500.00) for each additional infraction violation of the same provision within one (1) year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him/her, unless he/she is arrested and not released on his/her written promise to appear, his/her own recognizance or a deposit of bail. However, any person who has previously been convicted two (2) or more times during any twelve (12) month period for any violation of this Chapter for a crime made punishable as an infraction shall be charged with a misdemeanor upon the third violation.

(c)

Separate Offense. Each person committing, causing or maintaining a violation of this Chapter or failing to comply with the requirements set forth herein shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, maintained or permitted by such person and shall be punishable accordingly.

(d)

Civil Remedies Available; Remedies Cumulative. In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall constitute a public nuisance and may be abated by the City by civil process by means of a restraining order, preliminary or permanent injunction or in any manner provided by law for the abatement of such nuisance. All remedies herein are cumulative and non-exclusive.

(e)

Additional Penalties; Costs of Abatement. Nothing in this Chapter shall preclude the City from pursuing the remedies made applicable hereto elsewhere in this Code or under State law, including but not limited to, as applicable, denial or revocation of certificates of occupancy and injunctive relief. In any administrative or criminal proceeding involving the abatement of a public nuisance, the City shall also be entitled to recover its full reasonable costs of abatement, including, but not limited to, investigation, analysis and prosecuting the enforcement against the guilty party, upon submission of proof of such cost by the City.

(f)

Public Nuisance Remedies. The prevailing party in any proceeding associated with the abatement of a public nuisance as provided herein, shall be entitled to recovery of attorneys' fees incurred in any such proceeding, where the City has elected, at the initiation of that individual action or proceeding to seek recovery of its own attorneys' fees. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

(Ord. No. 250, § 4, 2-26-2013)

Any product(s) or substance(s) possessed, provided, distributed or sold in violation of any provision of this Chapter shall be seized by the enforcing officers and removed and stored in accordance with law.

(Ord. No. 250, § 4, 2-26-2013)

(a)

This Chapter shall not apply to drugs or substances lawfully prescribed or to intoxicating chemical compounds which have been approved by the Federal Food and Drug Administration or which are specifically permitted by State law, including without limitation, intoxicating chemical compounds that are specifically excepted by the California Uniform Controlled Substances Act (Health and Safety Code § 11000 et seq.).

(b)

This Chapter shall not apply to drugs or substances which are prohibited by State and/or Federal law, including without limitation, California Health and Safety Code Sections 11357.5, 11375.5, 11401 and the Federal Controlled Substances Act (21 U.S.C. § 812 et seq.).

(c)

This Chapter shall not be deemed to prescribe any act which is positively permitted, prohibited or preempted by any State or Federal law or regulation.

(Ord. No. 250, § 4, 2-26-2013)

If any subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have passed this Chapter and each and every subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

(Ord. No. 250, § 4, 2-26-2013)

The City Council declares that the City of Twentynine Palms' public parks are provided and maintained for active and passive public recreation and for City-sponsored recreational, cultural, civic and social activities, programs and events. This chapter is designed to ensure the maximum safety and enjoyment of the parks by residents and visitors.

(Ord. No. 288, § 1, 5-28-2019)

Unless the context in which used requires otherwise, the following words and phrases shall have the meaning set forth in this section when used in this Chapter. Variants of defined terms shall be construed in the same manner set forth herein for the defined terms themselves.

(a)

"Applicant" means the individual or organization that shall be responsible for all rental fees, deposits, and compliance with facility use requirements in a transaction involving the reserved use of City facilities.

(b)

"Bounce House" means an inflatable apparatus designed for use as a slide or for jumping; also referred to as a "jumper" or "bouncer."

(c)

"Building" means to public buildings owned, leased and/or managed by the City of Twentynine Palms.

(d)

"Council" means the elected City Council of the City of Twentynine Palms.

(e)

"Department" means the City of Twentynine Palms Community Services Department unless otherwise specified.

(f)

"Director" means the Director of Community Services of the City of Twentynine Palms or his/her designee.

(g)

"Facility" means the City of Twentynine Palms parks, buildings and rooms and other spaces within the parks and buildings.

(h)

"Knife or dagger" means any knife or dagger having a blade of three (3) inches or more in length; any ice pick or similar sharp stabbing tool, and any straight-edge razor blade tilted to a handle.

(i)

"Park" means all developed or undeveloped facilities owned or leased by the City of Twentynine Palms and designated for recreational purposes or conserved for scenic or historical interest, including the landscaping and recreational elements of such facilities.

(j)

"Park Authority" means the Director acting on behalf of the City of Twentynine Palms Council.

(k)

"Permit" means written authorization for use of a park or recreation facility, or any portion thereof, pursuant to the provisions of this chapter.

(l)

"Skate Park" means any facility or structure designed specifically for use by skateboarding, in-line skating, and roller skating which has been designated by the City as a "skate park."

(m)

"Vehicle" means any device by which any person or property may be transported, propelled, moved or drawn, excepting a device moved by human power.

(Ord. No. 288, § 1, 5-28-2019)

No person shall enter, be, or remain in any park or facility unless he/she complies at all times with all of the City Ordinances and Regulations applicable to such park or facility and with all other applicable laws, ordinances, rules and regulations.

(Ord. No. 288, § 1, 5-28-2019)

(a)

Park Hours. The City of Twentynine Palms parks shall be open daily to all persons from 6:00 am until 11:00 pm. No person shall remain in any park between the hours of 11:00 pm and 6:00 am without written permission from the Director.

(b)

Bounce Houses. Users of bounce houses at City parks and facilities are subject to the following conditions and requirements:

(1)

All users must receive the written approval of the Director prior to setting up a bounce house or similar apparatus.

(A)

A copy of the bounce house rental agreement and verification of insurance coverage (naming the City as an additional insured) shall be provided to the Department.

(B)

The specific location of the bounce house shall be identified.

(C)

If stakes are to be used for bounce house set-up or tethering, the specific locations of stakes shall be identified.

(2)

Bounce houses shall be set up by qualified representatives of the bounce house rental company.

(3)

Bounce house users shall be responsible for providing a generator for inflation and deflation of the apparatus.

(4)

Bounce houses shall not be set up or remain set up in excessively windy or other adverse weather conditions.

(5)

The duration of the set up time shall not exceed four (4) hours for any bounce house set up on grass.

(6)

Bounce house users shall provide sufficient supervision so that the use is in compliance with the manufacturer's recommendations and reflects a reasonable level of safe operation.

(7)

The applicant shall be responsible for any damage to City property resulting from said use.

(c)

Damaging Property Prohibited. No person shall disturb, destroy, remove or injure any property in any public park. No person shall cut, carve, paint, or mark on any tree, fence, wall, building monument or other property within park boundaries. No person shall paste or fasten any bill, advertisement or inscription in any park without the prior written permission of the Director.

(d)

Damaging Plant Life, Animals and Historic Material Prohibited.

(1)

Except when permission is granted by the Park Authority, no person shall willfully pull from the ground, tramp, cut or pick flowers, leaves, limbs or branches or other parts from, or otherwise injure, destroy or deface any vine, bush, tree or plants of any kind, either living or dead, within the boundaries of any City park.

(2)

Except when written permission is granted by the Park Authority, no person shall remove, harm, alter or destroy any animal, reptile or bird, including nests and eggs; or remove or destroy articles or artifacts of historical, archaeological, botanical or paleontological nature or geological or mineral resources in or from any park.

(e)

Animal Regulations.

(1)

Except for service animals, no person shall bring, transport, hitch, ride or let lose any animal or fowl in any City park. Notwithstanding the foregoing, dogs shall be permitted only in those City parks that are specifically designated as "dog parks."

(2)

No person shall leave a dog, cat or other animal unattended within the boundaries of any park.

(3)

With the exception of service animals in use, no dog, cat or other animal is permitted in the area of a public pool, in any public restroom facility, or any other structure at a public park.

(4)

No person shall permit a dog, cat or other pet to remain outside a tent, camper or vehicle during the night.

(5)

After being requested by any City representative to remove any animal from a park, no person shall remain in any park with a noisy, vicious or dangerous dog or other animal.

(6)

Pets or other animals are not permitted in the immediate area of any special events taking place within park boundaries unless specific provisions have been made by the Park Authority. Service animals are not subject to these restrictions.

(7)

Exceptions to these requirements may be issued by the City in conjunction with certain authorized activities and subject to reasonable conditions.

(f)

Skate Park Regulations.

(1)

City skate park facilities are open for public use daily from dawn until 10:00 p.m.

(2)

No person shall use the skate park for purposes other than skateboarding, in-line skating, or rollerblading.

(3)

No person shall possess, use or be under the influence of alcohol or drugs while using the skate park or surrounding park areas.

(4)

Glass containers are not permitted in the designated skateboarding/skating areas.

(5)

No additional obstacles may be placed on the designated skateboarding/skating areas.

(6)

Skate park users are required to wear properly fitted and fastened helmets, kneepads, wrist guards, and elbow pads at all times.

(g)

Operation of Vehicles.

(1)

No person shall drive or otherwise operate a vehicle in any park upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except on temporary parking areas as may be designated from time to time by the Park Authority. This prohibition does not apply to vehicles in the service of the City, animal control vehicles, law enforcement vehicles and motorized wheelchairs.

(2)

No person shall park any vehicle within a park except for the duration of his/her visit to the park. No person shall leave or park any motor vehicle at any place other than places designated for vehicle parking.

(3)

The provisions of the California Vehicle Code are applicable in the City parks and all violations of the Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof.

(h)

Prohibited Activities.

(1)

No person shall sell or offer to sell or engage in the business of soliciting, selling, fortune telling, or peddling any foods or beverages in any park unless specifically authorized in writing by the Park Authority.

(2)

No person shall distribute flyers, circulars or advertisements, peddle or vend any goods, wares, or merchandise within the boundaries of any park unless authorized in writing by the Park Authority.

(3)

No gambling of any kind shall be permitted within the boundaries of any park.

(4)

Public Nudity and Disrobing. No person shall publicly appear nude or disrobe while in any area of any park except in authorized areas of buildings set aside for changing clothes.

(5)

Abusive Language, Disorderly Assemblage, Disturbance.

(A)

No person shall use threatening, abusive, boisterous, insulting or indecent language or make indecent gestures in any park.

(B)

No person shall conduct or participate in a disorderly assemblage in any park.

(6)

Alcoholic Beverages. No person shall possess any can, bottle or other receptacle containing any alcoholic beverage that has been opened, with a seal broken, or the contents partially removed, without a permit issued by the Director.

(7)

Fireworks. No person shall possess, discharge, set off, or cause to be discharged in or into any park, firecrackers, sparklers, torpedoes, rocket fireworks, oil, explosives, or any other substance potentially harmful to the life and safety of persons or local fauna and flora.

(8)

Rubbish.

(A)

No person shall deposit, place, throw, or in any manner dispose of any rubbish, trash, garbage, or any other material which is or might become injurious to the health of any person, in or upon any park except in containers provided for that purpose by the Park Authority.

(B)

No person shall import and deposit any trash, rubbish or debris from other places onto any area of any park.

(C)

No person shall deposit or cause to be deposited any waste, water, sewage or effluent from sinks, portable toilets, or other plumbing fixtures directly into or upon the surface of the ground or water.

(9)

Hunting. No person shall hunt or trap in any park.

(10)

Fires.

(A)

No person shall light, build or maintain any fires in any park, except in portable barbecues, camp stoves, or stoves provided in designated areas by the Park Authority.

(B)

No wood shall be cut or gathered in any park.

(C)

No person shall smoke in any area prohibited for that purpose and so posted.

(11)

Firearms.

(A)

No person shall possess or carry a firearm with a cartridge in any portion of the mechanism (except any Federal, State, County, or local law enforcement officer in the performance of his/her official duties) within the boundaries of any park.

(B)

No person shall discharge across, in, or into, any portion of any public park, a firearm, bow and arrow, or air or gas weapon, or any device capable of injuring or killing any animal, or damaging or destroying any public or private property.

(Ord. No. 288, § 1, 5-28-2019)

(a)

Applicants shall apply for the reserved use of City parks and facilities at least fourteen (14) days and no more than thirteen (13) months prior to any proposed event.

(b)

Applicants shall complete and return a facility use application, as provided by the Department, and submit all required diagrams, deposits, permits, contracts, and insurance documents to Department at least fourteen (14) days prior to the date of requested use. If approved, the Department shall issue a permit and any required conditions of use to the Applicant no less than seven (7) days prior to the event.

(c)

Applicants shall notify the Department of any cancellation at least forty-eight (48) hours prior to the scheduled event or activity. Failure to give the required notice may result in forfeiture of the deposit in the sole discretion of the Department.

(d)

Park Authority reserves the right to refuse to issue a permit to any Applicant who has previously not complied with the requirements and/or regulations of this Chapter. The grounds for the denial of the permit applied for shall be specified in writing. The decision of the Park Authority may be appealed to the City Manager within fifteen (15) days of the date of said decision.

(e)

Without the written permission of Director, no Applicant shall place signs, banners, or other such materials in or on parks or facilities, which signs, banners or materials shall be requested in the facility use application.

(Ord. No. 288, § 1, 5-28-2019)

The Director shall have the primary responsibility for the enforcement of this Chapter. Members of the San Bernardino County Sherriff's Department are hereby authorized to enter all public parks and facilities to maintain public order, to prevent, remedy and/or take other appropriate action with respect to violations of the provisions of this Chapter or of other applicable laws or regulations.

(Ord. No. 288, § 1, 5-28-2019)

(a)

Any person violating or causing or permitting the violation of any regulation set forth in subsections H(6), (7), (9), (10) or (11) of Section 11.60.040 of this Chapter shall be guilty of a misdemeanor and is punishable as such in accordance with the provisions of subsection 11.02.040A of the City of Twentynine Palms Municipal Code.

(b)

Any person who violates any other subsection or section of this Chapter shall be guilty of an infraction and is punishable as such in accordance with the provisions of section 11.02.040B. of the City of Twentynine Palms Municipal Code.

(c)

Expulsion. In addition to any other penalty for violation of this Chapter, the Director or his or her designee may require the violator to immediately leave the park or facility and remain out of all City parks, and facilities for the remainder of the day on which the violation occurred.

(Ord. No. 288, § 1, 5-28-2019)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a final determination of a court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have enacted this Chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases might be declared invalid or unconstitutional.

(Ord. No. 288, § 1, 5-28-2019)