Visit Information

Welcome to 2975 Beachcomber Drive, Morro Bay, California

Thank you for choosing our home for your vacation on the central coast. Our goal is to provide friends and families with the best vacation experience that will provide memories for years to come. We pride ourselves on the quality and cleanliness of our vacation home, and hope that you have a great time. We ask for your help and support to keep our homes in great shape and please keep in mind that our home is in a residential neighborhood; please keep noise and activities to a respectful level, especially at night. Additional unreported guests, loud noise, parties, pets, or smoking in the home or on the property are all grounds for eviction without refund. Only the number of guests listed on your contract is permitted to stay at the home. Feel free to contact us with any questions or specifics on these policies.

Contacts: Linda (316)-644-8567 or Jim (316)-644-8578

Check In: 4:00 pmCheck Out: 11:00 am

NO SMOKING, PETS or CAMP FIRE ANYWHERE ON THE PROPERTY

MAXIMUM OCCUPANCY - 8 GUESTS

NO MORE THAN FOUR CARS ALLOWED ON THE VISIT

NO STREET PARKING AND NO OFFSITE PARKING ON STREETS NEARBY

8 is the maximum number of adults and neighborhood so please respect the permanent residents around you. Local ordinance requires quiet hours begin at 7pm. Large gatherings are not allowed and this home shall not be used in combination with other vacation accommodations.This means that if you have friends or family renting other homes or residing in the area, this home is not to be used as the gathering place for the larger group. If an excessive number of people are found at the property, it will be grounds for eviction with no reimbursement.

Access: Please enter the home through the garage. The garage can be opened by using the remote garage door keypad panel which is on the side of the first garage door which is nearest the entryway. The garage door opener activates when the PIN and ENTER button are pressed.The pin is _________.

Next, open the black key cabinet near the garage entry door. The combination is _________.

Inside you will find 2 key chains. Use the garage door key to open the garage entry door. You are now in the home. The garage door is the main way guests come and go using the garage remote key or keypad.The glass door panels in the front of the home are for aesthetic purposes only.

Keys: During your stay you will have use of 2 key chains; each one has a key to the garage entry door and a mini keychain garage door remote.If access through the garage is compromised please call us.

Internet network name: Beachhouse2975

Internet password: ____________________

TRASH PICKUP DAY IS TUESDAY AT 8 AM. THE HOME HAS IN YARD PICKUP.

In Case of an Emergency: Call 911

Water Shutoff valve (Two): Main valve located on the north side of home. Second valve located in the green box in the landscape stone garden in the front yard entry area.

Breaker Box: (Two) Main box located on the inside wall of garage near the door. Second box located in the kitchen on the wall near the closet.

Gas Shutoff valve: Valve located on the north side of home behind the wooden gate. There is a shut off tool with directions on how to shut off the gas.

First Aid Kit:In the cabinet next to the refrigerator

Fire Extinguishers(3): In kitchen under the sink, in the garage near the furnace and on wall outside near the gas grill.

Flashlights: In the kitchen cabinet next to the refrigerator and plugged into outlets. Some serve as nightlights and will come on if power goes out.Please plug back after use.

Alarm System- This system actively monitored by ADT. Please note this home is monitored by ADT security outside cameras and alarms.

Folding Doors/Windows:The home has folding doors and windows which take time and care to gently open. Do not force the folding doors. Please do not place your fingers between the panels/pivot points. See video on operation here https://www.youtube.com/watch?v=qMm4edclVb8&app=desktop or https://tinyurl.com/2975beachcomber

Image result for caution symbol black and whiteCAUTION : PLEASE READ INSTRUCTIONS ESPECIALLY THE SECTIONS ON THE FOLDING DOORS, STEAM OVEN, GAS GRILL AND FIREPLACE. SEE TABLE OF CONTENTS

RULES and MORRO BAY CODES – Be a good neighbor

1.Quiet Hours: Our homes are in residential areas and we ask that you respect the neighbor's privacy and right to enjoy their homes. Our homes are not to be used for large gatherings or parties. After 7pm we noise should be kept to a respectful level. Local ordinance requires quiet hours begin at 7pm and noise between 7am and 7pm should not be audible 50 feet from the house or disturb a neighbor. Excessively loud groups will be warned and this maybe grounds for eviction without a refund.

2.No alcohol in public places including on the beach

3. No smoking is allowed anywhere on the property this includes outside. Please refrain from smoking on the streets and beach. Smokingis restricted in certain public areas. Please note that the backyard borders the state park beach and its area is restricted.

4. No “camp” fires on the premise including the backyard. Please note the backyard borders the state park beach and there are no designated areas present for a fire.

5.No dangerous or deadly weapons can be fired within the city limits and this includes bb guns, slingshots, bow and arrows.

6. Loud, profane or boisterous conduct on the property or in public places is an unlawful nuisance

7. See City codes at the end of manual or go to 

https://www.morro-bay.ca.us/248/Municipal-Code

General Information

Trash: Monday night please empty all house trash and recycle. The trash bins are located on north side of house. Gray can is for trash and Blue is for recycle.

TRASH PICKUP DAY IS TUESDAY AT 8 AM.

Please put all of your house trash in the outside trash bins! You do not need to take bins to the curb however since this home has in-yard pickup. There are two trash cans in the kitchen drawer next to the sink, one is for recycle items.

Barbeque Grill:On south side of house.

DO NOT LEAVE BBQ GRILL UNATTENDED

Please read the instructions before use. A quick instruction sign is posted next to the grill for easy reference. Please do not move the grill from its location. The grill has its own natural gas supply, do not use propane. Please put the cover on the grill after use.

Water Heater: When you arrive at the home, the water heater may be turned down.There are two hot water heaters, one in the garage and one in the kitchen closet.If it is set on “Pilot” or low, turn it on to the mark () indicative of approximately 120°F which is a preferred starting point.If hotter water is desired after a trial period, consider turning to A which is indicative of approximately 130°F. B is indicative of approximately 140°F.Hotter water increases the risk of scald injury especially with children.

Central Coast Safety:

Beware of Unstable Bluffs, Cliffs, and Caves – Ocean bluffs, and cliffs at the beach are unstable and dangerous. This is an active geologic beach area subject to swift and quiet collapse. DO NOT enter sea caves, climb on the bluffs, or loiter within 40 feet of the base of the bluffs.

Beware of Rip Tides and Rips Currents – Please be aware of the dangers of rip tides and rip currents. If you find yourself being swept out into the ocean swim PARELLEL to the beach until you are out of the current and then proceed to shore.

Cleaning: Cleaning fee covers normal and routine cleaning by our professional housekeeping teams. You are expected to leave the home in a reasonable state of order and cleanliness. You are expected to clean “dishes” during your visit and take trash out to the trash bins. Please review the checkout list in the home binder prior to departure. Please make sure that the dishes are washed and the trash is taken out to the garbage cans. Excessively dirty homes are subject to additional charges.

Cleaning Items: LocatedIn the coat closet and in the garage. Iron and Ironing Board located in Front Master Closet.

Furniture: Please do not move furniture.

Board Games/Binoculars: In living room shelves and cabinets to the left of the fireplace. PLEASE PUT GAMES BACK WHERE YOU FOUND THEM. Extra foosball balls in the drawer by the refrigerator.

Beach: Public beach access, go three houses south on beachcomber drive and follow the path to the state beach. Going directly to the Morro Strand State Beach through the backyard is not possible during certain times of the year because this access is closed for protection of the Western Snowy Plover, an endangered bird species that is federally protected. If your access is roped off then simply use the public access as noted please. Please wash off all sand before entering the house with outdoor shower or hose.

Beach towels: On shelves by garage door.

Beach chairs:In the garage.

Supplies: In some cases starter amounts of the following maybe available in the home : coffee filters, plastic storage bags, plastic wrap, aluminum foil, liquid dish washing soap and laundry soap.If you should use the last of any of these items, we would appreciate it if you would replace it for the next guests.We cannot guarantee the availability of these items.

Curtains: We request your assistance in helping us prevent damage to the curtains. Please only use the poles on the curtains in the curved glass living room area to open and close the curtains. Please do not pull on the curtains. Please take care with children.

Inventory Lists: Please check all inventory lists behind doorsupon arrival and contact us if anything is missing.

Fireplace: Living Room fireplace –The fireplace works with a remote. Simply press the on/off button to operate. It can be set to heat the room to a set temperature. Set by pressing the thermometer symbol on the remote and use the up down arrows. The flame will adjust to the set temperature and automatically shut off when the temperature at the remote is reached. The fan speed can also be adjusted. If the fireplace does not work the gas key to the right of the fireplace may be in the off position, turn it on. See manual section for more fireplace remote and safety information including “key” lock for remote (child safety lock out).

Heating: To operate Nest rotate the outer silver dial to the desired temperature. Turn off when not in use. A/C is not the norm on the central coast of California, standing fans are located in closets if needed on the rare very hot day. The ocean breezes will cool the home after opening the windows.

Bedroom configuration: The modern master bedroom has a king bed and an ensuite bathroom. The second original master bedroom has a king bed and an ensuite bathroom. The third bedroom has a queen bed and day bed. The fourth bedroom has a queen bed. The third and fourth bedrooms share a bathroom in the hallway. Linens can be found in the linen closet and bathrooms.

Towels and Sheets:All bath towels and linens are provided, check linen closet. Please do not use these towels to clean and do not take these towels and sheets out of the house or to the beach.

Sand in the house: An outdoor shower is provided on the south side of the home.

Basement:This is the owner’s storage space, not available to guests and kept locked.

Garage Items: cleaning supplies and laundry machinesare available for use, but not bikes, ladders, or any other garage items.

Landscape Sprinkler System: Please do not touch the controls.

Maintance /Questions / Problems:If there are any issues during your stay, please contact Linda at (316)-644-8567 or Jim at (316)-644-8578. Check these instructions for answers to many questions that arise during your visit. In case of fire or emergency please call 911.

We host many small groups each year that have amazing experiences and we hope you join our list of guests who love to return to our home. These rules are designed to create an atmosphere where friends and families can enjoy a peaceful and relaxing vacation and we hope you have a very enjoyable stay. Please don't hesitate to contact us with any questions. Thank you for your time and consideration.

Check Out List

Checkout time is 11:00 a.m.

Our housekeepers have a limited time to clean the house for the next guest, so your help with the following items at checkout is greatly appreciated!

1.Please empty the trash and the recycle to the appropriate garbage cans OUTSIDE ON THE NORTH SIDE OF THE HOUSE.All trash must fit in the cans.If there is excess, please contact us.

2.Please Turn Off :

a.Nest and Master bedroom thermostats

b.Fireplace

c.Kitchen steamer, oven, stove, and coffee pot.

d.Barbeque grill knobs and gas shut off valve.

e.All electronics: TVs, DVDs, Sound System, inside and outside lights.

f.All water sources: faucets, hoses, and showers.

3.Please leave the Sound System Bluetooth adapter in the silver metal container.

4.Please load and start the dishwasher and clean any residual dishes in the sink before you leave.

5.Please remove sheets and pillow cases from beds that were used or leave beds unmade.

6.Please remove all food items that you brought from the refrigerator and cabinets. You may leave anything you cannot take with you.

7.Please fill out Guest Feedback sheet

8.Please close and lock all windows and doors.

9.Place the 2 Key Chains (garage door entry key /mini garage door remotes) back in the key cabinet inside the garage and lock.

10. Upon exiting use the garage door keypad to close the garage door. Thank you :)

Guest Feedback

2975 Beachcomber Drive

Date of your stay: _______________________________

1.Please report any maintenance problems that you experienced during your visit (light bulbs burned out, leaky faucets, kitchen appliances not working, etc.).

2.Did you find the house clean?If not, please tell us what was not clean?

3.Was there anything that you needed that was not provided?

4.Can you suggest anything to us that would improve your rental experience?


RULES and MORRO BAY CODES – Be a good neighbor

1.Quiet Hours: Our homes are in residential areas and we ask that you respect the neighbor's privacy and right to enjoy their homes. Our homes are not to be used for large gatherings or parties. After 7pm we noise should be kept to a respectful level. Local ordinance requires quiet hours begin at 7pm and noise between 7am and 7pm should not be audible 50 feet from the house or disturb a neighbor. Excessively loud groups will be warned and this maybe grounds for eviction without a refund.

2.No alcohol in public places including on the beach

3. No smoking is allowed anywhere on the property this includes outside. Please refrain from smoking on the streets and beach. Smokingis restricted in certain public areas. Please note that the backyard borders the state park beach and its area is restricted.

4. No “camp” fires on the premise including the backyard. Please note the backyard borders the state park beach and there are no designated areas present for a fire.

5.No dangerous or deadly weapons can be fired within the city limits and this includes bb guns, slingshots, bow and arrows.

6. Loud, profane or boisterous conduct on the property or in public places is an unlawful nuisance

7. See City codes at the end of manual or go to 

https://www.morro-bay.ca.us/248/Municipal-Code

MuniCode

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)