Title 9 - PUBLIC PEACE, MORALS AND WELFARE
Chapters:
Chapter 9.08 - CURFEW FOR MINORS
Sections:
9.08.010 - Purpose.
This chapter is enacted by the city to accomplish the following purposes:
A.To provide young people with the ability to make reasoned judgments, resist peer group pressure and understand that the consequences of improper behavior increase with age, knowledge and experience, all of which are likely to increase as a person grows older, and these factors justify the application of a curfew to minors, and not adults; and
B.Juvenile crime, especially nighttime crime where minors have increasingly been victims, has increased over the years and jurisdictions enforcing a nocturnal juvenile curfew have experienced a reduction in crime and noncriminal mischief; and
C.To safeguard the integrity of the city by enabling it to recoup law enforcement costs of identifying, detaining, and transporting minors who violate curfew ordinances to their place of residence; and
D.To reinforce parental authority and supervision and encourage parents and legal guardians to exercise reasonable and necessary care, supervision, and control of their minor children so as to prevent them from committing irresponsible or unlawful acts including involvement in any criminal street gang activity; and
E.Provide young people with appropriate protection and guidance in order to become educated, responsible citizens and to behave acceptably in public.
(Ord. 461 § 6 (part), 1997)
9.08.020 - Definitions.
The following definitions shall apply to this chapter:
A."Minor" means any person under the age of eighteen.
B."Loiter" means to idly remain or linger at a fixed location either within or outside of a vehicle, without lawful purpose as listed in this chapter, for a period of time in excess of ten minutes.
C."Wander" means to move about other than by means of a motor vehicle circuitously or without a consistent direction.
D."Aimlessly drive or ride about" means to travel in or on a motor vehicle circuitously or without a consistent direction.
E."Motor vehicle" means any vehicle that is self propelled as set forth in California Vehicle Code Section 415.
(Ord. 461 § 6 (part), 1997)
9.08.030 - Minor curfew hours.
It is unlawful for any person, under the age of eighteen years, to loiter, wander, aimlessly drive or ride about, in or upon any public street, avenue, highway, road, curb area, public place, public building or other public ground, place of amusement or other entertainment, eating place, vacant lot, or any other place between the hours of:
11:00 p.m. on Sunday through 5:00 a.m. on Monday;
11:00 p.m. on Monday through 5:00 a.m. on Tuesday;
11:00 p.m. on Tuesday through 5:00 a.m. on Wednesday;
11:00 p.m. on Wednesday through 5:00 a.m. on Thursday;
11:00 p.m. on Thursday through 5:00 a.m. on Friday;
12:01 a.m. on Saturday through 5:00 a.m. on Saturday;
12:10 a.m. on Sunday through 5:00 a.m. on Sunday;
provided, however, that the provisions of this section do not apply:
A.When the minor is accompanied by a parent, spouse, guardian, or other responsible adult, who has legal responsibility for supervision of the minor;
B.When the minor is upon any errand directed by his or her parent, spouse, guardian, or other adult having legal responsibility for said minor;
C.When the minor is returning directly to his or her home or other place of residence after having attended a place of amusement, entertainment, recreational activity, school function or social call;
D.When the minor is going directly to his or her place of lawful employment or volunteer work at a charity institution or while returning directly to his or her home or other place of residence after having left his or her place of lawful employment or charity work without detour or stop;
E.When the minor is in a motor vehicle involved in intrastate or interstate transportation for which passage through the curfew area is the most direct route;
F.When the minor is exercising his or her First Amendment Rights protected by the United States or California Constitution, including but not limited to the free exercise of religion, freedom of speech and freedom of assembly;
G.When the minor is "emancipated" in accordance with the California Family Code or other applicable state law;
H.When the minor is on the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;
I.When the minor is waiting at a bus stop for transportation.
(Ord. 461 § 6 (part), 1997)
9.08.040 - Procedure for first offense.
Upon the first violation of Section 9.08.030, a law enforcement officer shall issue to the minor a warning citation regarding the consequences of a second violation of this chapter. A representative of the police department issuing the citation shall mail to the parents or legal guardian of the minor a notification stating that upon a second violation, the parents or legal guardian may be held liable for actual administrative and transportation costs. The parents or legal guardian shall be required to sign and return the notification.
(Ord. 461 § 6 (part), 1997)
9.08.050 - Procedure for subsequent offense.
Except as provided in Section 9.08.040, law enforcement officers are authorized to temporarily detain any minor on a reasonable suspicion based on articulable facts that the minor is in violation of Section 9.08.030, and to transport that minor to his or her place of permanent or temporary residence within the state, whether the place of residence is located within or outside of the jurisdiction, or to the custody of his or her parents or legal guardian. A law enforcement officer may decide not to temporarily detain and transport a minor if he or she determines that the minor has a legitimate reason based on extenuating circumstances for violating this chapter.
(Ord. 461 § 6 (part), 1997)
9.08.060 - Recovery of costs.
A fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or to the custody of his or her parents or legal guardian, may be charged jointly or severally to the minor, his or her parents, or legal guardian, in an amount not to exceed those actual costs. Upon petition of the person required to pay the fee, the police department shall conduct a hearing, pursuant to Welfare and Institutions Code Section 625.5(e), as to the validity of the fees charged, and may waive payment of the fee, or provide for the performance of community service in lieu of the imposition of the fee, by the minor, his or her parents, or legal guardian upon a finding of good cause.
(Ord. 461 § 6 (part), 1997)
9.08.070 - Parent or guardian responsibility.
It is unlawful for any parent, guardian, or any adult person having legal responsibility for a minor, under the age of eighteen years to wilfully and knowingly permit or allow such minor to violate Section 9.08.030 of this chapter. Any person violating the provisions of this section shall be deemed guilty of an infraction and, upon conviction thereof, is punishable as set forth in Title 1 of this code.
(Ord. 461 § 6 (part), 1997)
Chapter 9.16 - DANGEROUS OR DEADLY WEAPONS
Sections:
9.16.010 - Dangerous or deadly weapons—Defined.
The term "dangerous or deadly weapons" as used in this chapter includes, but is not limited to, any revolver, pistol, shotgun, rifle, or other firearm from which is expelled a projectile by the force of any explosion, or other form of combustion, and any air gun, B-B gun, gas operated gun, spring loaded gun, slingshot, hunting bow and arrow, blow gun, or any other device capable of catapulting, dispelling, or discharging any projectile, missile, or other object capable of causing injury or damage.
(Ord. 461 § 7 (part), 1997)
9.16.020 - Discharge prohibited.
It is unlawful for any person to fire, discharge or cause to be emitted any projectile, missile or object from any dangerous or deadly weapon within the city limits without the written permission of the chief of police.
(Ord. 461 § 7 (part), 1997)
9.16.030 - Exemptions.
Nothing in this chapter is meant to restrict or apply to any duly appointed peace officer or member of the armed forces in the discharge of their duty, or any other person who is necessarily assisting such peace officers in the performance of their duties, when necessarily and legally acting in self defense, or when performed at any permitted pistol, rifle, sport, testing or archery range.
(Ord. 461 § 7 (part), 1997)
9.16.040 - Weapons declared a nuisance.
A.Any dangerous or deadly weapon described and used in violation of this chapter, upon conviction of the defendant or upon a juvenile court finding that an offense which would have been a violation under this chapter if committed by an adult was committed or attempted by a juvenile, is declared to be a nuisance and the same shall be surrendered to the chief of police, and shall be destroyed or otherwise disposed of, as provided by the provisions of California Penal Code Section 12028 unless otherwise ordered by the court.
B.No stolen, lawful weapon shall be destroyed pursuant to this chapter unless reasonable notice is given to its lawful owner, if his or her identity and address can reasonably be ascertained, and the lawful owner has the opportunity for the return of their property.
(Ord. 461 § 7 (part), 1997)
9.16.050 - Violation—Penalty.
Any person who violates any provision of this chapter is guilty of an infraction, and, upon conviction thereof, is punishable as set forth in Title 1 of this code.
(Ord. 461 § 7 (part), 1997)
Chapter 9.18 - ALCOHOLIC BEVERAGE CONTROL REGULATIONS*
Sections:
9.18.010 - Purpose.
Consumption of alcoholic beverages by individuals in public places frequently results in the disruption of the free use, movement, and enjoyment of public places and imposes an extraordinary burden on city employees charged with maintaining the public safety. In order to serve the public health, safety and welfare, the declared purpose of this chapter is to regulate the consumption and possession of alcoholic beverages on public property within the city limits.
(Ord. 462 § 2 (part), 1997)
9.18.020 - Definitions.
For the purpose of this chapter, the following words shall be defined as follows:
A."Alcoholic beverage" means every liquid or solid containing alcohol as defined under California Business and Professions Code Section 23004.
B."Public place" means any public sidewalk, street, parking lot, alley, highway, park, beach, or any municipally owned, leased, or operated facility, building, pier, or other public property opened to the general public within the city.
(Ord. 462 § 2 (part), 1997)
9.18.030 - Prohibition in public places.
It is unlawful for any person to have in their possession or on their person any bottle, can, container, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, or to consume alcoholic beverages in any public place in the city.
(Ord. 462 § 2 (part), 1997)
9.18.040 - Exceptions.
The possession of open alcoholic containers or the consumption of alcoholic beverages in a public place is permitted under the following conditions:
A.The possession and consumption of the alcohol is conducted on the premises of a business or other place that is licensed by the State of California Department of Alcoholic Beverage Control.
B.An individual person or group involved in the possession and consumption of the alcoholic beverages has been issued a public use permit allowing for the possession and consumption of the alcoholic beverages in accordance with Morro Bay Municipal Code Section 2.24.150.
C.The city council, by resolution, has provided for temporary or limited exception to the prohibitions as set forth in Section 9.18.030 for city sponsored events on city property.
(Ord. 462 § 2 (part), 1997)
9.18.050 - Public notice of regulation.
As determined by city council resolution, public notice of the regulation of the possession of open alcoholic containers and consumption of alcoholic beverages in public places as described in this chapter, may be made through newspaper publication, posting of signs or other appropriate means that the city council determines to be necessary.
(Ord. 462 § 2 (part), 1997)
9.18.060 - Penalty—Violation.
Any person who violates any provision of this chapter is guilty of an infraction, and, upon conviction thereof, is punishable as set forth in Title 1 of this code.
(Ord. 462 § 2 (part), 1997)
Chapter 9.22 - ALARM SYSTEMS
Sections:
9.22.010 - Police station alarm terminus.
No alarms other than those owned by the city shall terminate at the municipal police department station(s).
(Ord. 365 §§ 1 (part), 2 (part), 1989)
9.22.020 - Alarm system usage.
A.No person, corporation, business, commercial establishment, and residence being equipped with operational alarms shall misuse such alarm system.
1.Alarm misuse is defined as the intentional use of an alarm for a purpose for which it was not intended.
2.A violation of this section shall be an infraction with the following penalties:
a.First offense, a warning,
b.Second offense, a second offense within any twelve-month period of the first offense, a fine not exceeding one hundred dollars,
c.For each additional offense within any twelve-month period of the first two offenses, a fine not exceeding two hundred dollars.
B.No person, corporation, business, commercial establishment, or residence being equipped with operational alarms shall allow such alarms to malfunction causing false alarms. A violation of this section shall be an infraction with the following penalties:
1.For the first two false alarms resulting from operational error, a warning;
2.For the third false alarm resulting from operational error in any three-month period, a fine not exceeding one hundred dollars;
3.For any additional false alarms resulting from operational error in any three-month period, a fine not exceeding two hundred dollars;
4.For the first five false alarms resulting from equipment malfunction, a warning;
5.For the sixth false alarm resulting from equipment malfunction in any three-month period, a fine not exceeding one hundred dollars;
6.For any additional false alarms resulting from equipment malfunction in any three-month period, a fine not exceeding two hundred dollars.
C.No penalty shall be incurred for legitimate alarm annunciation or from those situations in which a false alarm occurs but its cause was beyond operational or equipment control as determined by the chief of police.
(Ord. 365 §§ 1 (part), 2 (part), 1989)
9.22.030 - Telephonic alarm devices.
A.No person, corporation, business, commercial establishment, or residence shall use or cause to be used any telephone device or telephone attachment on any telephone trunkline of the city police department which reproduces any prerecorded message.
B.Any person, corporation, business, or commercial establishment or residence within the city who utilizes an alarm device, commonly known as a dialer, shall be subject to all of the applicable sanctions of this chapter.
(Ord. 365 §§ 3 (part), 4 (part), 1989: Ord. 199 § 1 (part), 1981)
9.22.040 - Alarm installation.
No company or person selling, renting, leasing, installing, or otherwise providing alarm systems shall install any such alarm without providing twenty-four-hour service for that system.
A.For the purpose of this section, alarm system means any medical, security, robbery, or fire alarm device which is installed by a person or persons other than the alarm system user.
B.Service, for the purposes of this section, includes the ability to promptly repair a malfunctioning alarm system, and to provide periodic maintenance necessary to the alarm system's normal function.
C.In the event an audible security alarm sounds within the limits of the city and no person can be contacted to shut the alarm off within a thirty-minute period, then the vendor currently supplying terminal service at the police department shall be contacted to disable the alarm. All charges for such service shall accrue to that alarm user at a rate no greater than the vendor's standard service charge.
(Ord. 365 §§ 3 (part), 4 (part), 1989: Ord. 199 § 1 (part), 1981)
9.22.050 - Violations and penalties.
Any person who is convicted of a violation of any provision of this chapter is guilty of an infraction punishable as set forth in Title 1 of this code.
(Ord. 365 § 3 (part), 1989; Ord. 311 Exh. A (part), 1987: Ord. 199 § 1 (part), 1981)
Chapter 9.24 - SECONDHAND SMOKING REGULATIONS
Sections:
FOOTNOTE(S):
--- (1) ---
Editor's note— Ord. No. 577, adopted April 24, 2012, in effect repealed the former Chapter 9.24, §§ 9.24.010—9.24.040, and enacted a new Chapter 9.24 as set out herein. The former Chapter 9.24 pertained to smoking and fires prohibited on beaches and T piers and derived from Ord. No. 517, 2006.
9.24.010 - Purpose.
This chapter is enacted with the specific intent to:
A.Prohibit smoking in certain public places not preempted by California Labor Code Section 6404.5, which provides further smoking regulations;
B.Protect the public health, safety and general welfare by prohibiting smoking in certain public places under circumstances where other persons will be exposed to secondhand smoke;
C.Ensure a cleaner and more hygienic environment for the city, its residents, and its natural resources, including its creeks and streams and beaches;
D.Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including residents and visitors, particularly children, to breathe smoke-free air, recognizing the threat to public health and the environment which smoking causes;
E.Designate the enforcing agency for this chapter and for Labor Code Section 6404.5.
(Ord. No. 577, 4-24-12)
9.24.020 - Definitions.
The following words and phrases, as used in this chapter or in any other applicable law regulating smoking, shall have the following meanings:
"Business" means any sole proprietorship, partnership, joint venture, corporation, association or other entity formed for profit-making purposes or that has an employee.
"City beach" means the sandy area on either side of the mean high tide line from Atascadero Road all the way up to, but not including the parking lot at the Rock. City beach shall also include the area of the Sand Spit that is owned by the city.
"City T-piers" means the municipal piers located North of Beach Street and at Tidelands Park.
"Code compliance officer" means the city code compliance officer or duly authorized designee of the city code compliance officer.
"Dining area" means any area available to or customarily used by the general public that is designed, established or regularly used for consuming food or drink.
"Employee" means any person who is employed or retained as an independent contractor by any employer as defined in this section; or any person who volunteers his or her services for an employer, association, nonprofit or volunteer entity.
"Employer" means any person, partnership, corporation, association, nonprofit or other entity that employs or retains the service of one or more persons, or supervises volunteers.
"Enclosed" means any covered or partially covered space having more than fifty percent of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or any space open to the sky (hereinafter "uncovered") having more than seventy-five percent of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard.
"Nonprofit entity" means any entity that meets the requirements of California Corporations Code Section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section.
"Place of employment" means any area under the legal or de facto control of an employer, business or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation, including, for example, indoor and outdoor work areas, vehicles used in employment or for business purposes, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses and private residences that are used as childcare or healthcare facilities subject to licensing requirements.
"Playground" means any park or recreational area designed in part to be used by children, that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on city property.
"Premises" means a lot or contiguous lots and any improvements thereon such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same person or are under common control.
"Present" means within a reasonable distance.
"Public place" means any public or private place open to the general public regardless of any fee or age requirement, including, for example, streets, sidewalks, parking lots, parking garages, plazas, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, city beaches, T-Piers, taxis and buses. For the purposes of the provisions of this chapter, a "public place" does not mean a private residence except for residences used as an adult or child care, health care, board and care, or community foster care facility as such terms are defined by the state Health and Safety Code.
"Reasonable distance" means the greatest distance practicable that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall be a minimum of twenty feet.
"Recreational area" means any public or private area open to the public for recreational purposes whether or not any fee for admission is charged, including without limitation, parks, trails, gardens, sporting facilities, stadiums, beaches, T-piers and playgrounds.
"Restaurant" means any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria, eating establishment, boardinghouse or guest house or similar establishment which gives or offers for sale food to the public.
"Secondhand smoke" means smoke that is generated from the burning end of a lighted tobacco, weed or plant product, or smoke that is exhaled by a smoker after inhaling or ingesting a lit tobacco, weed or plant product.
"Service area" means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place or make a transaction whether or not such service includes the exchange of money, including, for example, ATMs, bank teller windows, telephones, ticket lines, bus stops, taxi stands and takeout counters.
"Smoke or smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, or any other lighted smoking equipment used for burning any tobacco product, weed, plant, or any other combustible substance.
"Sports arena" means an outdoor or nonenclosed sports pavilion, stadium, swimming pool, roller rink, or other similar place where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events, including the concession stand areas thereof.
"Unenclosed area" means any area which is not enclosed.
(Ord. No. 577, 4-24-12)
9.24.030 - Secondhand smoke generally.
For all purposes within the jurisdiction of the city, the nonconsensual exposure to secondhand smoke and the uninvited presence of secondhand smoke on property in violation of this chapter shall constitute a nuisance, as is further described by Title 8 of the Morro Bay Municipal Code.
(Ord. No. 577, 4-24-12)
9.24.040 - Public and other places where smoking shall be prohibited.
Except as otherwise provided by this chapter or by state or federal law, smoking shall be prohibited everywhere in the city, including but not limited to:
A.All public places;
B.Residences used as child care, health care, board and care, or community foster care facility as such terms are defined by state Health and Safety Code;
C.Places of employment, except outdoor construction sites;
D.Enclosed and unenclosed places of hotels, businesses, restaurants, bars and other public accommodations; and
E.Any means of public transit including associated waiting areas, and service areas, enclosed or not.
(Ord. No. 577, 4-24-12)
9.24.050 - Reasonable distance.
Smoking in unenclosed areas shall be prohibited within a reasonable distance of twenty feet from any entrance, opening, crack or vent into an enclosed area where smoking is prohibited, except while actively passing on the way to another destination and so long as smoke does not enter any enclosed area in which smoking is prohibited.
(Ord. No. 577, 4-24-12)
9.24.060 - Places where smoking may be permitted.
Except where prohibited by state or federal law, smoking may be permitted in the following locations within the city notwithstanding Section 9.24.040:
A.Private residential and multifamily properties. This chapter does not preclude private regulation of smoking on private residential and multifamily properties.
B.Designated unenclosed areas ("smokers' outposts") provided that all of the following conditions are met:
1.The area is located a reasonable distance away from any doorway or opening into an enclosed area and any access way to a public place;
2.The area has a clearly marked perimeter;
3.The area is posted with one or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area pursuant to Section 9.24.060 of this code;
4.Smoke is not permitted to enter adjacent areas in which smoking is prohibited by this chapter, other law or by the owner, lessee or licensee of the adjacent property;
5.Appropriate ash can(s) are placed in the smoking area and are maintained regularly by the owner, operator or manager of the smoking area; and
6.No consistent complaints of secondhand smoke are filed with the city.
C.Smoking areas at public events which have been approved as part of the special event permit or temporary use permit issued by the city.
D.Inside a private automobile when no minor child is present.
E.Any unenclosed area in which no nonsmoker is present and, due to the time of day or other factors, it is not reasonable to expect another person to arrive.
(Ord. No. 577, 4-24-12)
9.24.070 - Modifications of designated smokers' outposts.
The city reserves the right to prohibit or require modifications to a smoker's outpost at a certain location if it undermines the purposes of this chapter.
(Ord. No. 577, 4-24-12)
9.24.080 - Allowing, aiding or abetting smoking.
A.No person, employer, business or nonprofit entity shall knowingly permit smoking in an area under his, her or its legal or de facto control in which smoking is prohibited by this chapter or other law.
B.Except as provided in Section 9.24.050 of this code, no person, employer, business or nonprofit entity shall allow the placement or maintenance of a receptacle for smoking waste in an area under his, her or its legal or de facto control in which smoking is prohibited by this chapter or other law, provided however, that a receptacle may be placed at the entry to a nonsmoking area, along with a "No Smoking" sign, in order to encourage any smokers in violation of this chapter to immediately extinguish and properly dispose of smoking materials.
C.No person shall intimidate, threaten, effect a reprisal or retaliate against another person who seeks to attain compliance with one or more of this chapter's provisions.
(Ord. No. 577, 4-24-12)
9.24.090 - Signs.
Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this chapter.
A."No Smoking" or "Smoke Free" signs, with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or any alternative signage approved by the public services director must be conspicuously posted by the person, employer, business or nonprofit entity who or which has legal or de facto control of such place at each entrance to a public place in which smoking is prohibited by this chapter or any other place where the public services director reasonably determines that smoking in violation of this chapter has occurred, or is likely to occur.
B.Within designated smoking areas, one or more conspicuously displayed sign(s) shall be posted identifying the area as a smokers' outpost pursuant to Section 9.24.060 of this code as follows: signs with arrows directing the public to the smoking area may be allowed; signs shall be no smaller than three inches high and eight inches long with a pictorial representation of a burning cigarette; signs shall contain "Designated Smoking Area" and shall be posted prominently between five feet and seven feet above the floor or ground; and all signs are subject to approval by the public services director.
C.Every hotel and motel shall have signs posted conspicuously in the registration and lobby areas which state that nonsmoking rooms are maintained and may be available; rooms designated as being nonsmoking shall have signs announcing such restriction conspicuously placed inside the room.
D.No person shall alter, deface, obscure, remove or destroy a sign or placard that this chapter authorizes.
(Ord. No. 577, 4-24-12)
9.24.100 - Disposal of smoking waste.
No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place where smoking is prohibited under this chapter, except in a designated waste disposal container.
(Ord. No. 577, 4-24-12)
9.24.110 - Fires on city beaches.
No person shall build, light or maintain any fire on any city beach except in designated containers or areas approved by the city.
(Ord. No. 577, 4-24-12)
9.24.120 - Enforcement and penalties.
A.A violation of this section is an infraction.
B.Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 13002, Penal Code Section 374.4, or any other law proscribing the act of littering. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
(Ord. No. 577, 4-24-12)
9.24.130 - Public education—Purposes of chapter.
The code compliance officer, in conjunction and coordination with the county health officer of the county of San Luis Obispo and, where feasible, appropriate health or safety oriented community-based organizations and coalitions, shall engage in a continuing program to explain and clarify the purposes of the provisions of the chapter to citizens affected by it, and to guide business owners, operators and managers in their compliance with it.
(Ord. No. 577, 4-24-12)
9.24.140 - Governmental cooperation.
The city manager shall request all governmental and educational agencies which maintain an office within the city to establish local operating procedures to cooperate and comply with this chapter.
(Ord. No. 577, 4-24-12)
9.24.150 - Other laws.
The provisions of this chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Further, it is not the intent of the provisions of this chapter to regulate smoking where such regulation has been preempted by the state.
(Ord. No. 577, 4-24-12)
Chapter 9.28 - PROHIBITED CONDUCT
Sections:
9.28.010 - Necessity for antinoise regulations.
A.The making and creation of loud, unnecessary or unusual noises within the limits of the city is a condition which has existed for some time and the extent and volume of such noises is increasing.
B.The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city; and
C.The necessity in the public interest for the provisions and prohibitions contained and enacted in the ordinance codified in this chapter, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained and enacted in the ordinance codified in this chapter are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants.
(Ord. 210 § 1 (part), 1981)
9.28.020 - Prohibited conduct.
It is unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitiveness residing in the neighborhood. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
A.The audible volume of the noise;
B.The intensity of the noise;
C.Whether the nature of the noise is usual or unusual;
D.Whether the origin of the noise is natural or unnatural;
E.The volume and intensity of the background noise, if any;
F.The proximity of the noise to residential sleeping facilities;
G.The nature and zoning of the area within which the noise emanates;
H.The density of the inhabitation of the area within which the noise emanates;
I.The time of the day or night the noise occurs;
J.The duration of the noise;
K.Whether the noise is recurrent, intermittent, or constant; and
L.Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 210 § 1 (part), 1981)
9.28.030 - Description of representative offensive conduct.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:
A.Horns, Signaling Devices, Etc. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
B.Radios, Phonographs, Etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operating and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of seven p.m. and seven a.m. in a residential district or between two a.m. and seven a.m. in a business or commercial district in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
C.Live Music. Amplified music, being performed by any live band of two or more persons or by any solo performer between the hours of seven p.m. and seven a.m. in a residential district or between two a.m. and seven a.m. in a business or commercial district, in such a manner as to be plainly audible at a distance of fifty feet from the building or structure in which it is located shall be prima facie evidence of a violation of this section.
D.Loud Speakers, Amplifiers for Advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure for commercial purposes.
E.Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling or singing on the public streets between the hours of two a.m. and seven a.m. in a business or commercial district or at any place in a residential district between the hours of seven p.m. and seven a.m. for an unnecessary, unreasonable period of time so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence or of any persons in the vicinity.
F.Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper city authorities.
G.Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
H.Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
I.Construction or Repairing of Buildings. The erection (including excavating), demolition, alteration or repair of any building or general land grading and contour activity using equipment in such a manner as to be plainly audible at a distance of fifty feet from the building other than between the hours of seven a.m. and seven p.m. on weekdays and eight a.m. and seven p.m. on weekends except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the community development department, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for a period of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration and repair of any building or the excavation of streets and highways within the hours of seven p.m. and seven a.m. on weekdays and seven p.m. and eight a.m. on weekends and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of seven p.m. and seven a.m. on weekdays and seven p.m. and eight a.m. on weekends upon application being made at the time the permit for the work is awarded or during the progress of the work.
J.Schools, Courts, Churches and Hospitals. The creation of any excessive noise other than that resulting from construction or excavation work on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
K.Pile Drivers, Hammers, Etc. The operation between the hours of seven p.m. and seven a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector or the director of public services authorizing such devices to be operated during the otherwise prohibited hours while the emergency continues.
L.Blowers and Motor-driven Cycles. The operating of any noise-creating blower or power fan or any cycle powered by an internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is properly muffled and such engine is equipped with a muffler device sufficient to reduce such noise to a level which will not disturb the surrounding neighborhood. The noise limits set forth in Section 23130 of the California Vehicle Code shall be deemed to be the applicable standard for noise emissions; provided, however, the basis for measuring such limits for devices operated on private property shall be a distance of fifty feet from the property line of the parcel of real property on which the device is located or where the neighboring property is lawfully devoted to residential complies with the required yard setbacks as established in the zoning regulations for the applicable district.
(Ord. 532, 2007; Ord. 210 § 1 (part), 1981)
9.28.040 - Necessity for security guards at live music dances.
A.As assaults, batteries, assaults with weapons and miscellaneous lesser offenses frequently tend to occur at those establishments serving alcohol, live music and dancing;
B.That the frequency and degree of such violence is on the increase;
C.The necessity in the public interest for the provisions and prohibitions contained and enacted in the ordinance codified in this chapter, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained and enacted in the ordinance codified in this chapter are in pursuant of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, and prosperity and the peace of the city and its inhabitants.
(Ord. 210 § 1 (part), 1981)
9.28.050 - Live music dances, security guard to be present.
Any public building rented, leased or otherwise retained for the purpose of providing live music entertainment by two or more musicians, whether a private or public function, for the purpose of dancing shall provide a uniformed security officer or guard certified by the state and licensed with the city to be posted in a conspicuous place within such businesses and buildings.
(Ord. 210 § 1 (part), 1981)
9.28.060 - Violations and penalties.
Any person who is convicted of violation of any provision of this chapter is guilty of an infraction punishable as set forth in Title 1 of this code.
(Ord. 311 Exh. A (part), 1987: Ord. 226 § 2, 1982)
Chapter 9.32 - PROHIBITED CONDUCT*
Sections:
9.32.010 - Findings—Intent.
The city council finds and declares that all citizens and members of the public are entitled to use the beaches, parks, playgrounds, public property and other natural resources in their city; it is in the public interest and necessary to the public health, safety and welfare that the beaches, parks, playgrounds, public property and resources be utilized and enjoyed by as many people as possible; the appearance of persons thereon without clothing, exposing the private parts of their bodies, or engaged in any other specified offensive conduct that endangers the public health, interferes with the right of all persons to use and enjoy the beaches, parks, playgrounds, public property and other resources by causing many persons to leave and others not to come to such places and by causing embarrassment, discomfort and offense to persons living in the vicinity thereof; and such nudity or specified offensive conduct imposes an extraordinary burden on city employees charged with the maintenance and safety thereof. It is the intent of the council to prohibit nudity or other specified offensive conduct in such places, irrespective of sexual motives or conduct.
(Ord. 461 § 13, 1997: Ord. 317 § 1, 1988)
9.32.020 - Prohibition on public nudity.
A.No person shall appear, bathe, sunbathe, walk, dress or undress or be on or in any public beach or the waters adjacent thereto, park, playground, square, preserve, avenue, street, lane, alley or other public land or on or in any private property opened to the public view from any public beach, playground, park, public place or public right-of-way within the incorporated area of the city in such a manner that the genitals, pubic hair, buttocks, anus, anal regions or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person except as necessary while breast feeding an infant, is exposed to public view or is not covered by an opaque covering.
B.This section does not apply to children under the age of eight years or live theatrical performances performed in a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances. The phrase "theater, concert hall or similar establishment" means a building, playhouse, hall or other place having fixed seats so arranged that a body of spectators can have an unobstructed view of the stage upon which theatrical performances or similar forms of artistic expression are presented, and where such performances are not incidental to the promoting of the sale of food, drink or other merchandise and for which a city license or permit for a theater is in full force and effect.
(Ord. 461 § 14, 1997: Ord. 317 § 2, 1988)
9.32.030 - Urination and defecation in public places.
No person shall urinate or evacuate their bowels on private property in an area exposed to public view or on any public street, sidewalk, alley, park, playground, beach or other public place, except in a public restroom.
(Ord. 461 § 15, 1997)
9.32.040 - Violation—Penalty.
Any person violating the provisions of this chapter is guilty of an infraction and upon conviction thereof shall be punished as set forth in Title 1 of this code. (Ord. 317 § 4, 1988)