Chapter 1 PROHIBITED CONDUCT

No person shall engage in any disorderly or boisterous conduct, or disturb the peace by assaulting, striking or fighting, or be found in an intoxicated or drunken condition upon any premises within the City, or expose his person or any part thereof in any place in the City where there are other persons to be offended or annoyed thereby, or make in any place or suffer to be made on his premises or upon premises under his control, any disorder or tumult, to the disturbance of the public peace, or utter in the presence of two (2) or more persons, any bawdy, lewd or obscene words or epithets or address another by any words, language or expressions having a tendency to create a breach of the peace, or utter or use within the hearing of one or more persons, any seditious language. (Ord. 2, § 4100)

4101 Unnecessary Noises.

No person shall make, or cause or suffer, or permit to be made upon any premises owned, occupied or controlled by him, any unnecessary noises or sounds which are physically annoying to persons of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time, or place as to occasion unnecessary discomfort to any persons within the neighborhood from which said noises emanate or so as to interfere with the peace and comfort of the residents or their guests, or the operators or customers in places of business in the vicinity, or which may detrimentally or adversely affect such residences or places of business. The following acts, among others, are declared to be prima facie evidence of violations of this Section:

(a) Unnecessary Noises. The unnecessary making of, or knowingly and unnecessarily permitting to be made, any loud, boisterous or unusual noise, disturbance or commotion in any hotel, motel, apartment house, court, rooming house, auto court, trailer camp, dwelling, place of business or other structure, or upon any public street, park or other place or building, except the ordinary and usual sounds, noises or commotion incident to the operation with the usual and normal standard of practice applicable thereto and in a manner which will not disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators or customers of adjacent places of business.

(b) Radios, Phonographs, Etc. The using, operating or permitting to be played, used or operated between the hours of 9:00 p.m. and 7:00 a.m. of any loudspeaker, radio, musical instrument, phonograph, compact disc player, tape player, television set, or instrument or device similar to those heretofore specifically mentioned for the production or reproduction of sound in volume sufficiently loud as to disturb the peace, quiet or repose of persons of ordinary and normal sensitiveness who are in the immediate vicinity of such machine or device. Any person, firm or corporation violating any provision of this Section shall be guilty of a misdemeanor and shall be punishable as provided in Chapter 2 of Article I of this Code.

(c) Band or Orchestral Rehearsals. The conducting of or carrying on of band or orchestral concerts or rehearsals or practice between the hours of 9:00 p.m. and 7:00 a.m. in any area, building or structure wherein the adjoining occupied building used for human habitation is nearer than two hundred (200) feet. Any person, firm or corporation violating any provision of this Section shall be guilty of a misdemeanor and shall be punishable as provided in Chapter 2 of Article I of this Code.

(d) Loudspeakers and Amplifiers for Advertising. The playing or operating, or permitting the playing or operating of any musical instrument, radio, television set, or phonograph, or the operation and use of any loudspeaker or amplifying device on any public street, or in any public place, or outside of any doorway of any building, facing upon a business street in the City of Carson for the purpose of advertising or in conjunction with any commercial venture, without a permit being granted therefor by the City Administrator upon application filed with him and hearing held, after at least forty-eight (48) hours’ notice to applicant of such hearing, unless notice is waived; provided, that if said application is denied, applicant may within fifteen (15) days of the date of said order of denial, appeal from said decision of the City Administrator to the City Council, which body shall hold a hearing thereon upon the notice to applicant in the same manner as the hearing before said City Administrator.

(e) Engines, Motors and Mechanical Devices Near Residential District. The operation between the hours of 9:00 p.m. and 7:00 a.m. of any electric motor or engine or the use or operation of any automobile, truck, motorcycle, machine or mechanical device or other contrivance or facility unless such motor, engine, automobile, truck, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at a distance of fifty (50) feet from such structure, or within ten (10) feet of any residence. Any person, firm or corporation violating any provision of this Section shall be guilty of a misdemeanor and shall be punishable as provided in Chapter 2 of Article I of this Code.

(f) Noises by Animals. It shall be unlawful for any person having charge, care, custody, or control of any animal to permit such animal to emit any excessive noise which is disturbing or offensive. The City shall enforce this subsection (f) as follows:

(1) Complaints must be submitted in writing and shall include the name, address, and telephone number of the complainant, as well as the address of the animal owner and description of the noise.

(2) Upon receiving a complaint involving whining, barking, howling, screeching or similar animal noise, the City shall cause the following to be performed:

(i) Issue notice of noise complaint to the animal owner or custodian of the animal advising such person of the alleged noise and requesting immediate steps to abate the same.

(ii) Notice shall adequately describe the noise complaint to assist the animal owner in recognizing and correcting the problem.

(iii) If a second complaint is received, the City shall issue a notice apprising the animal owner or custodian of the complaint and directing the same to abate said noise. Such notice shall contain a provision that within five (5) days of receipt thereof the animal owner or custodian may request a hearing with a City representative to discuss the Notice of Noncompliance.

(iv) Should the problem remain unresolved by the end of the time limit noted in the Notice of Noncompliance, a second notice with a five (5) day limit shall be issued.

(v) If the problem is not resolved at the end of this five (5) day period a citation shall be issued to the owner or custodian of the animal.

(g) Amplifying Devices for Hawkers and Peddlers. The operation of any vehicle or instrumentality equipped with, or to which is attached and used, any loudspeaker or sound-amplifying device, or the operation of any device or instrumentality, either mobile or stationary, through which device the spoken word, or other sounds are produced or reproduced in such increased volume as to be clearly audible to a person of normal hearing under normal and ordinary conditions, for a distance of more than two hundred (200) feet, from the source of such sound, or between the hours of 9:00 p.m. and 8:00 a.m. without first obtaining a permit for such operation from the City Administrator, upon application filed with him, and hearing held, after at least forty-eight (48) hours’ notice to the applicant of such hearing, unless notice is waived, and provided that if said application is denied, applicant may, within fifteen (15) days from the date of said order of denial, appeal from said decision of the City Administrator to the City Council, which shall hold a hearing thereon upon notice to applicant in the same manner as the hearing before said City Administrator.

(h) Motor Vehicles. The racing of the engine of any motor vehicle or needless bringing to a sudden start or stop any motor vehicle.

(i) Pile Drivers, Hammers, Etc. The operation between the hours of 6:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, hoist or other appliance, the use of which is attended by loud or unusual noise.

(j) Construction or Repair of Buildings. The erection (including excavation), demolition, alteration, construction or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the City Engineer, which permit may be granted for a period not to exceed three (3) days while the emergency condition continues, and which permit may be renewed for periods of three (3) days or less while the emergency continues; if the City Engineer should determine that the public health, safety, comfort and convenience will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets, highways, or other sites within the hours of 6:00 p.m. and 7:00 a.m., or any part thereof, or on Sunday, and that substantial loss or inconvenience would result from any party in interest denied permission to do so, he may grant permission for such work, on any day, or at such times within such hours as he shall fix in accordance with such determination.

(k) Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling or singing on the public streets or in a public place, whether amplified or unamplified, between the hours of 9:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity. Any person, firm or corporation violating any provision of this Section shall be guilty of a misdemeanor and shall be punishable as provided in Chapter 2 of Article I of this Code.

(l) Vulgar or Obscene Language Through Loudspeakers. The uttering through any loudspeaker, sound-making or sound-amplifying device of any obscene, vulgar, profane or indecent language, or uttering language intending to, or which would reasonably be expected to, incite riot, destruction or damage to property or injury to any person, or intended to or which would reasonably be expected to incite others to do unlawful acts or which utterances would reasonably be expected to create a condition which would result in a clear and present danger of the commission of such unlawful acts.

(m) Loud Parties or Gatherings. Generating any noise from a party or gathering of two (2) or more people that can be heard from fifty (50) feet away. The City shall enforce this subsection (m) as follows:

(1) When a party or gathering of two (2) or more people occurs on private property and is determined by a law enforcement officer at the scene to constitute a violation of the California Penal Code or the Carson Municipal Code, or is otherwise a threat to the public peace, health, safety, or welfare due to the magnitude of the crowd, noise, disturbance or unruly behavior generated by the party or gathering, or excessive traffic, or destruction of property, then the law enforcement officer shall take such actions and give such direction as is necessary to abate the violation or condition and shall advise the responsible person orally and in writing that, if additional law enforcement personnel or emergency service providers appropriately respond on behalf of the City to abate the condition, the responsible person and the owner or occupant of the property shall be held liable for the cost to the City of providing such services. Such direction and advice shall be given to the person responsible for the party or gathering or to the owner or occupant of the property involved. If the condition is not voluntarily abated and if additional law enforcement personnel or emergency service providers appropriately respond on behalf of the City in order to disperse the party or gathering, quell any disturbance, direct traffic, cite illegally parked vehicles or otherwise respond, then the cost to the City of such additional services shall be reimbursed to the City as provided in subsection (m)(2) of this Section.

(2) The person or persons responsible for a party or gathering described in subsection (m)(1) of this Section, or the owner or occupant of the property on which the party or gathering is held, or, if any such person is a minor, the parents or legal guardian of the minor shall be jointly and severally liable for the following costs incurred by the City:

(i) The actual cost to the City of law enforcement services and emergency services, excluding the initial response provided by a law enforcement officer, in order to abate any of the conditions described in subsection (m)(1) of this Section;

(ii) Damage to public property resulting from such law enforcement or emergency response; and

(iii) Injuries to any law enforcement or emergency service personnel involved in such law enforcement or emergency response.

(3) The Director of Public Safety shall calculate all such costs and shall advise the City Administrator. The person or persons specified above in subsection (m)(2) of this Section shall be billed by the City Administrator for the total cost, and payment shall be due and payable within fifteen (15) days of the billing date. If the amount due is not paid, the City may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all applicable provisions of law.

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. (Ord. 2, § 4101; Ord. 49, § 1; Ord. 78-450, § 1; Ord. 79-479, § 2; Ord. 93-1006, § 2; Ord. 95-1069, §§ 1 – 4)

4102 Loitering.

It shall be unlawful for any person to loiter or to stand or sit in or upon any public highway, alley, sidewalk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same, or so as in any manner to annoy or molest persons passing along the same.

It shall be unlawful for any person to loiter or to stand or sit in or at the entrance of any church, hall, theater or place of public assemblage so as in any manner to obstruct such entrance. (Ord. 2, § 4102)

4103 Gates.

It shall be unlawful to construct or maintain any gate in any fence in such manner that such gate may be opened outward over any portion of any public highway open for either pedestrians or vehicular traffic.

It shall be unlawful to cause or permit any gate in any fence to be or remain opened outward over any portion of any public highway open for either pedestrian or vehicular traffic. (Ord. 2, § 4103)

4104 Aircraft.

It shall be unlawful for any person, firm or corporation to drive, or cause to be driven, or to conduct, or cause to be conducted any aircraft in the air at a distance of less than four hundred (400) feet from the ground, except when said aircraft is ascending from or descending to the ground. (Ord. 2, § 4104)

4105 Illegal Dumping.

No person shall place, deposit, throw or dump, or cause to be placed, deposited, thrown or dumped any garbage, swill, cans, bottles, paper, ashes, dirt, sand, rock, cement, glass, metal, carcass of any dead animal, offal, refuse, plants, cuttings or trash, or rubbish of any nature whatsoever, or any nauseous, offensive matter in or upon any public or private road, highway, street, alley, public way, or any public or private property of any kind whatsoever.

4106 Damaging Property.

No person shall willfully or maliciously break or destroy any window, windowsash, door, blind or pane of glass of any occupied or unoccupied house or outhouse in the City or enter any unoccupied house or outhouse and commit any nuisance therein or break, destroy or injure anything therein or any part of said house or outhouse, of any fence, or improvement whatever, or aid, abet or assist anyone to commit such nuisance or injure said property. (Ord. 2, § 4106)

4107 False Reports.

No person shall inform or report to a peace officer that a crime has been committed whether a felony or a misdemeanor, unless he, in good faith, believes that such crime has been committed. (Ord. 2, § 4107)

4108 False Impersonation of Sheriff or District Attorney or City Prosecutor.

No person shall falsely impersonate or cause or permit to be falsely impersonated the Sheriff, District Attorney or City Prosecutor, or member of the State Highway Patrol, or a deputy of, representative of, or connected with either. No person shall wear the uniform of the Sheriff, State Highway Patrol, or deputies thereof, or any part of such uniform or any uniform part of which is similar to the uniform of the Sheriff or State Highway Patrol or deputies thereof, unless such a person is a member of such organization. (Ord. 2, § 4108)

4109 Gate-Crashing.

No person, with intent gratuitously to avail himself of the entertainment or recreation furnished or the privileges conferred therein, shall enter any theater, stadium, athletic club, ball park, golf course, golf club, tennis club, or other place of amusement, entertainment or recreation, for admission to which an admission fee or membership fee is charged, without first paying such admission fee or membership fee. Any person who is a bona fide guest of a member of any club may enter such club in accordance with the rules thereof. Any person may enter any place which is within the purview of this Section with the consent of the owner or manager thereof. This Section shall not be deemed to apply to the entry into any such place by a law enforcement officer acting within the scope and course of his official duties. (Ord. 2, § 4109)

4110 Radios Receiving Police Calls.

No person shall equip a vehicle with a radio capable of receiving Police, Sheriff, State Highway Patrol, Forester and Fire Wardens’ Calls. (Ord. 2, § 4110)

4111 Trespassing.

No person shall trespass in, upon, on or across the property of another, without the permission and consent of the person in charge or control thereof; provided, that such person shall have posted at each of the corners of the property a notice in writing, upon either a metallic or wooden sign, or other substantial material, which said sign shall be at least one (1) square foot in area, and shall be placed three (3) feet above the normal level of the ground, and upon which said posted notice there appears in legible letters, at least two (2) inches in height, the words, “PRIVATE PROPERTY – NO TRESPASSING,” and such other words as may be desired indicating that trespassers are subject to prosecution. The sign shall have either a white or black base, and in the event the white base is used, the letters shall be in black, and if a black base is used, the letters shall be in white; provided, further, that in the event said property exceeds a total area of one (1) acre, in addition to the posting of such notices at the corners thereof, there shall be posted at intervals of three hundred (300) feet, or less, on or near the boundary lines of said property, notices of similar character.

These provisions shall have no application to a trespass committed by any officially authorized peace officer or law enforcement agent when such trespass is committed in the execution of such officer or agent’s official duty, nor to any person visiting or calling at the residence or place of business of another person for the purpose of transacting any legitimate business. (Ord. 2, § 4111)

4112 Picking Flowers.

No person shall pick any flower or flowers growing in any public park, or place, of the City, except by the express authorization of the Superintendent thereof. (Ord. 2, § 4112)

4113 Closing Hours – Amusement and Entertainment Places.

No person shall carry on or assist in carrying on any amusement or entertainment to which the public is invited, or in which the public may participate, at any time between the hours of 2:00 a.m. and 6:00 a.m.

1. Same. Special Permission. Any person who shall desire to carry on or conduct such amusement or entertainment for one (1) night only, during the hours prohibited by the foregoing Section, may apply in writing to the Sheriff for permission so to do and the Sheriff may grant such permission to such applicant when in his discretion the conduct of such amusement or entertainment at such time shall not be detrimental to the public health, safety, morals and welfare. The Sheriff shall either grant or deny such application within three (3) days after such application has been presented to him and if he does not grant the same within such period such application shall be deemed to have been denied.

2. Same. Application to City Council. Any person who shall desire to carry on or conduct any such amusement or entertainment, during the hours prohibited by the foregoing sections and for a longer period than one (1) night, shall file a written application therefor with the City Clerk for presentation to the City Council. Such application shall contain a detailed statement of the type of amusement or entertainment which the applicant desires to carry on or conduct and a statement of the reasons which in his opinion warrant the granting of the same. Such application shall be filed with the City Clerk at least five (5) days prior to the date upon which the applicant desires the granting of such permission and five (5) days prior to the meeting of the City Council next succeeding the filing of such application. Thereupon the City Clerk shall refer said application to the Sheriff for investigation and his recommendation thereon. The City Council may grant such permission to such applicant when in its discretion the nightly conduct of such amusement or entertainment will not be detrimental to the public health, safety, morals, or welfare. (Ord. 2, § 4113)

4114 Curfew for Minors.

(a) Every minor who is present in or upon any public or private street, road, drive, alley, or trail; any public or community park or recreation area; any public ground, place, or building; or any vacant lot or abandoned or vacant building between the hour of 10:00 p.m. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one (1) of the exceptions set forth in subsection (c) of this Section.

(b) Parental Responsibility. Every custodial person who allows or permits a minor in his or her custody to violate any provision of this Section is guilty of an infraction.

(1) Accompanied by a custodial person or by the minor’s spouse over eighteen (18) years of age;

(2) On an errand directed by, and in possession of a written excuse from, a custodial person or spouse over eighteen (18) years of age;

(3) Engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by school personnel; a medical appointment; a religious activity; or a lawful educational or recreational activity supervised by adults and sponsored by a school, a public agency, a civic organization, or a similar entity that takes responsibility for the child;

(4) Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity;

(5) Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person or spouse over the age of eighteen (18) years of age;

(6) Involved in an emergency or seeking medical assistance;

(7) Exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution, including but not limited to: free exercise of religion, freedom of speech and freedom of assembly;

(8) In the right-of-way abutting the minor’s residence;

(9) In a motor vehicle involved in interstate travel;

(10) Emancipated pursuant to State law and California Family Code Section 7000, et seq., including but not limited to the following reasons: married or in the military service; or

(11) Homeless.

(d) Community Service or Parenting Classes for First Offense. On a first offense, the Court may order community service or parenting classes instead of a fine, as may be appropriate.

(e) Penalties. A violation of this Section constitutes an infraction subject to the penalties provided in CMC 1200(b). After three (3) violations, every additional violation constitutes a misdemeanor offense subject to the penalties provided in CMC 1200(a).

(f) Definitions.

(1) The word “emergency” as used in this Section means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to fire, natural disaster, automobile accident, a maternity related incident or occurrence requiring travel to the hospital, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(2) The word “minor” as used in this Section means a person under the age of eighteen (18) years.

(3) The word “custodial person” as used in this Section means any parent or legal guardian of the minor, or any person eighteen (18) years of age or older who is authorized by such parent or legal guardian with the care and custody of the child.

(g) Enforcement Procedures. A police officer shall ask the age of an apparent offender and the reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in subsection (c) apply.

(h) Power of Law Enforcement Officers. Nothing in this Section shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this Section not been enacted. (Ord. 2, § 4114; Ord. 87-815U, § 1; Ord. 93-1008, § 2; Ord. 97-1120, § 2)

4115 Billiard and Pool Halls.

All places where billiard tables or pool tables are maintained for public use shall be and remain closed every day between the hours of 2:00 a.m. and 6:00 a.m. of any day.

No person under the age of eighteen (18) years shall be permitted to play at any game or lounge about or in any public billiard hall, pool hall or other gaming place within the City, unless accompanied by his parent or guardian or upon the written consent of his parent or guardian.

No owner, proprietor or operator of any such establishment shall permit a violation of the foregoing Section within his establishment. (Ord. 2, § 4115)

4116 Interference with Special Events.

A. Prohibition. No person shall interfere with, disrupt or impede a special event staged in or upon a public place.

B. Definitions. For the purpose of this Section, the following definitions shall apply:

1. “Special event” means a lawfully conducted fair, parade, exposition, procession or similar activity for which either: (i) City services are required because of interference with normal vehicular traffic or pedestrian traffic; or (ii) an extraordinary need for sanitation or other City services is reasonably expected to be generated.

2. “Interfere with, disrupt or impede a special event” means to do any of the following:

a. Block or obstruct the passage of participants, vehicles or animals in a special event along the special event route.

b. Walk, run, rollerskate, rollerblade, skateboard or ride a wheeled vehicle through, between, with or among the participants, vehicles or animals in a special event.

c. Drop, roll, throw, toss, squirt or propel a gaseous, liquid, semisolid or solid matter toward or among the participants, vehicles or animals in a special event.

d. Grab, hold, strike, hit, pull or push any participant, vehicle or animal in a special event.

e. Mount any vehicle or animal in a special event.

f. Generate, amplify or broadcast any noises or sounds using any loudspeaker, amplifier, instrument or similar device other than sounds generated solely by the human voice or body unaided by any such loudspeaker, amplifier, instrument or similar device, along a special event route while the special event is in progress at that location.

3. “Public place” means publicly owned buildings, streets, sidewalks and rights-of-way.

C. Exemptions. This Section shall not apply to persons acting in cases of bona fide emergency or with the permission of the special event organizer. (Ord. 98-1137U, § 1; Ord. 98-1137, § 1)

4117 Throwing Missiles.

It shall be unlawful for any person to throw upon, along, or across any public highway, road, street, alley, sidewalk, any missile capable of causing personal injury or damage to personal property at or towards any person, or any vehicle. (Ord. 2, § 4117)

4118 Street Vendors Near Schools.

No person shall sell any product other than written materials or other products protected by the First Amendment of the United States Constitution on any public street, sidewalk, parkway, way, alley, or highway within one thousand five hundred (1,500) feet of the boundaries of any public or private elementary or secondary school between the hours of 6:30 a.m. and 5:30 p.m. on any day when such school is in session. (Ord. 2, § 4118, deleted by Ord. 71-162, § 3; Ord. 71-199, § 1; Ord. 73-263, § 1; Ord. 79-479, § 3; Ord. 81-553U, § 1; Ord. 12-1491, § 1)

4118.1 Peddling from Vehicles in Parks.

No person shall peddle, hawk, sell or vend any food product or service from a vehicle within any City park at any time, unless it is in conjunction with a City event or City-associated event and that person and/or business has been specifically licensed and permitted by the City to do so. (Ord. 80-548, § 1; Ord. 88-825U; Ord. 88-825, § 4; Ord. 12-1491, § 2)

4118.2 Selling Ice Cream and Certain Food Products from Vehicles in Public Streets.

No person shall peddle, hawk, sell, vend or offer for sale ice cream; ice cream bars, cones or rolls; sherbet; sherbet bars, cones or rolls; iced fruit juice (natural or artificial) bars, cones or rolls; the food product commonly known as “cotton candy” or other spun sugar type confections; candy; carbonated drinks; or other similar food substances, products or beverages packaged or otherwise prepared or designed for an individual person’s consumption from a vehicle stopped or parked on any public street, way or alley within a residential zone or a park within the City of Carson, unless it is in conjunction with a City event or City-associated event and that person and/or business has been specifically licensed and permitted by the City to do so. This Section does not prohibit street vending of other products from vehicles in residential districts. (Ord. 88-825, § 2; Ord. 12-1491, § 3)

4118.3 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property.

(A) It is unlawful for any person to sell or offer for sale any food, beverage, good, ware, or merchandise of any kind (hereinafter, “merchandise”) from any pushcart, wagon, bicycle, or other wheeled conveyance moved by human power (hereinafter, a “nonmotorized device”) which is parked, stopped, or standing upon any public street, alley, parkway, sidewalk or other public property (hereinafter, “public property”) in the City.

(B) It is unlawful for any person to park, stop, or stand any nonmotorized device upon any public property in the City for the purpose of causing the sale of or offering for sale any merchandise.

(C) It is unlawful for any person to utilize any public property in the City for any display of merchandise for sale, whether such merchandise is placed directly upon the public property or upon a stand, table, box, bucket, blanket or other display device located on the public property, unless the City’s Building and Safety Division has first determined that such display is consistent with the requirements of all existing laws and regulations, including but not limited to the Carson Municipal Code (hereinafter, the “existing laws”) and has provided such person with a written consent which shall be kept at the location of such display and provided upon request to any person seeking to view the same.

(D) It is unlawful for any person to utilize any public property in the City for the storage of merchandise, whether such merchandise is placed directly upon the public property or upon a stand, table, box, bucket, blanket or other display device located on the public property, unless the City’s Building and Safety Division has first determined that such storage is consistent with the requirements of all existing laws and regulations, including but not limited to the Carson Municipal Code (hereinafter, the “existing laws”) and has provided such person with a written consent which shall be kept at the location of such storage and provided upon request to any person seeking to view the same.

(E) It is unlawful for any person to sell or offer for sale any goods at any stadium, athletic field or community center within the City unless the prior written consent of the owner of such property has first been filed with the City’s Building and Safety Division, the proposed activity has been reviewed and approved by the Building and Safety Division for consistency with all existing laws, and the Building and Safety Division has provided such person with a written consent which shall be kept at the location of such sale or offer of sale and provided upon request to any person seeking to see it.

(F) It is unlawful for any person to sell or offer for sale any goods on any property containing any vacant building within the City unless the prior written consent of the owner of such property has first been filed with the City’s Building and Safety Division, the proposed activity has been reviewed and approved by the Building and Safety Division for consistency with all existing laws, and the Building and Safety Division has provided such person with a written consent which shall be at the location of such sale or offer of sale and provided upon request to any person seeking to view the same.

(G) It is unlawful for any person to sell or offer for sale any goods on any property containing any occupied building within the City unless such sale is specifically permitted pursuant to the provisions of the Carson Municipal Code. (Ord. 09-1427U, § 1; Ord. 09-1427, § 1)

4118.4 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property – Exclusions.

The provisions of CMC 4118.3 shall not apply to:

(1) Any person delivering any goods where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer regardless of the point of sale thereof; or

(2) Any charitable or religious solicitation which meets all requirements of CMC 6339; or

(3) Any person selling or offering to sell any merchandise upon public property if such sale is pursuant to agreement with the City or the prior written consent of the City has otherwise first been obtained;

(4) Any person selling or offering to sell any agricultural items upon public property if such sale is within a designated Certified Farmers’ Market pursuant to an agreement with the City or the prior written consent of the City has otherwise first been obtained. (Ord. 09-1427U, § 2; Ord. 09-1427, § 2; Ord. 10-1458, § 1)

4118.5 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property – Violation – Penalty.

Unless otherwise provided, any person who violates any provision of CMC 4118.3 shall be guilty of a misdemeanor and may be cited or arrested. A violation of any provision of CMC 4118.3 through 4118.6 may be charged as an infraction when the prosecutor files a complaint charging the offense to be an infraction. (Ord. 09-1427U, § 3; Ord. 09-1427, § 3)

4118.6 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property – Impoundment.

(A) Upon the citation or arrest of any person for violation of CMC 4118.3, the City may seize and impound all perishable and nonperishable goods in the possession of such person.

(B) Following citation or arrest pursuant to CMC 4118.5, any unlicensed person or vendor shall sign a declaration, which shall declare, under penalty of perjury, the name and contact information of the rightful owner of the seized goods.

(C) The City shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the unlicensed person or vendor arrested or cited, in order to provide such rightful owner with an opportunity to retrieve the goods within twenty-four (24) hours. Such rightful owner, as set forth in the declaration described in subsection (B) of this Section, must present valid identification to the City’s Public Safety Division, before the City will release any seized goods. If the unlicensed person or vendor claims to be the rightful owner of the seized perishable goods, said person or vendor shall, as a condition precedent to retrieval of any perishable goods, present valid identification to the City’s Public Safety Division, and shall sign the declaration described in subsection (B) of this Section declaring himself or herself to be the rightful owner of the same. In such case, the City shall provide said person or vendor the opportunity to either:

(i) Contact, with one (1) phone call (which one (1) phone call shall be in addition to any other phone calls permitted by law to an arrestee), another individual to pick up the seized perishable goods; provided, that the goods must be picked up within twenty-four (24) hours; or

(ii) Sign a release allowing the City to immediately discard or donate such seized perishable goods.

(D) Prior to releasing, disposing or donating any perishable goods seized pursuant to this Section, the City shall inspect and take photographs and any necessary samples of such goods to maintain as evidence.

(E) Any perishable goods not retrieved by the rightful owner, as provided for in this Chapter, within twenty-four (24) hours of seizure of the same shall be immediately discarded by the City, with no liability to the City for such action.

(F) Nothing contained in this Section shall limit the ability of the City to cite the rightful owner of such seized perishable goods for violation of this Chapter.

(G) The City Manager, or his or her designee, may adopt reasonable rules and regulations, not inconsistent with this Chapter, in order to implement this Chapter. (Ord. 09-1427U, § 4; Ord. 09-1427, § 4)

4119 Vehicles – Commercial Advertising.

No person at any time shall operate, drive or park or cause to be operated, driven or parked upon any street, alley, parkway, sidewalk or public property within the City, without first obtaining written permission therefor from the City Clerk, any advertising vehicle, sound truck or commercial vehicle with its sound-amplifying equipment in operation or with any sound or signalling device in operation for the purpose of advertising goods, wares, or merchandise sold at or from such vehicle or for the purpose of attracting or calling attention to such vehicle. Application for the permission required hereunder shall be made to the City Clerk in accordance with such rules and regulations as he may prescribe therefor and such permission shall be given only if the vehicle will not be inimical to the public welfare, health or safety or cause such sounds or noises to be emitted or created as will disturb the peace of the citizens of the City.

1. Same. The City Clerk must refer the application to the County Sheriff and may in his discretion rely on the decision on the County Sheriff as to whether the same will be inimical to public welfare, health or safety or will disturb the peace. (Ord. 2, § 4119)

4120 Handbills.

No person shall distribute, scatter, hand out or circulate any commercial or noncommercial handbill, circular, tract, or leaflet in any place or under any circumstances which does not have printed on the cover, front or back thereof the name and address of:

1. The person who caused the same to be printed, written, compiled or manufactured;

2. The person who caused the same to be distributed;

3. In the event the person who caused the same to be printed, written, compiled or manufactured, or distributed is a fictitious person or club, there shall appear on said handbill, circular, tract or leaflet, in addition to such fictitious name, the true name of the owner, manager or agent of the person sponsoring said handbill.

No person shall post, hand out or distribute any commercial or noncommercial handbill, circular, tract or leaflet which reasonably shall tend to incite riot or other public disorder or which advocates disloyalty to, or the overthrow of the Government of the United States by force and arms or other unlawful means, or which urges any unlawful conduct or encourages or reasonably tends to encourage a breach of the public peace of the community.

4121 Disorderly House.

No person shall keep a riotous or disorderly house, or permit any riotous or disorderly conduct in his house, yard, or premises connected with his house, or be guilty of any riotous or disorderly conduct in any house, yard or premises, whereby the peace, quiet or decency of the neighborhood of such house or any person may be distributed. (Ord. 2, § 4121)

4122 Repealed.

Repealed by Ord. 71-162. (Ord. 2, § 4122; Ord. 79-479, § 3)

4123 Soliciting in City or County Buildings.

No person shall solicit in any manner for any purpose in any City or County Buildings. (Ord. 2, § 4123)

4124 Unsightliness.

Any person, firm or corporation who owns or has the care or management of any real property and wilfully permits any part of the property to become so unsightly as to detract from the appearance of the immediate neighborhood, and who fails to remedy the condition within thirty (30) days after being ordered to do so by the City Council is guilty of a misdemeanor. (Ord. 2, § 4124)

4125 Vendors on Streets.

No person shall sell any product from a motorized vehicle parked on any public street, alley or highway when:

A. The posted speed limit on the public street, alley, or highway where the vehicle is parked exceeds thirty-five (35) miles per hour; or

B. The vehicle from which the products are sold is not lawfully parked; or

C. Any part of the vehicle from which the products are sold is open to prospective customers other than the side of the vehicle facing away from the street; or

D. The products are sold to persons within a vehicle or standing in the portion of the roadway open to motor vehicles; or

E. The vehicle is not parked on the right side of the street; or

F. There is not a clear view of the vehicle from the street at a distance of two hundred (200) feet in front of and two hundred (200) feet behind the vehicle; or

G. Repealed by Ord. 88-825. (Ord. 2, § 4125; Ord. 79-479, § 3; Ord. 81-553U, § 2; Ord. 81-574U, § 1; Ord. 88-825, § 3; Ord. 18-1828, § 3)

4126 Repealed.

Repealed by Ord. 18-1828. (Ord. 88-835, § 1; Ord. 89-881U).

4127 Gambling and Related Activities Prohibited.

4127.1 Gaming – Betting.

A person shall not deal, play, carry on, open, cause to be opened, or conduct any game played with cards, dice, or other device for money, checks, credits, or other thing of value. A person shall not bet at any such game. (Ord. 2, § 4127; Ord. 30, § 1)

4127.2 Permitting on premises.

A person shall not knowingly permit any game prohibited by this Section to be played, conducted, or dealt, in any house or other premises, owned by, rented by, or in the lawful possession of such person. (Ord. 30, § 1)

4127.3 Attendance.

A person shall not resort to, attend, visit, or be in any house, or other place in the City of Carson where there is any gambling being conducted, played, or carried on. (Ord. 30, § 1)

4127.4 Severability.

If any provision of this Section 4127 or the application thereof to any person or circumstance is held invalid, the remainder of this Section 4127 and the application of such provision to other persons or circumstances, shall not be affected thereby. (Ord. 30, § 1)

4127.5 Limitation.

This Section 4127 does not prohibit any act either positively or prohibited by State Law. (Ord. 30, § 1)

4127.6 Destruction of devices.

The Chief of Police shall destroy any thing which is used, kept, placed or maintained in violation of any statute or of this or any other section of the Carson Municipal Code after any person owning, possessing or having control of such cards, game or thing has pleaded guilty to or has been convicted of such violation and such plea of guilty or conviction has become final. (Ord. 30, § 1)

4127.7 Money from destroyed devices.

The Chief of Police shall deliver to the City Treasurer for deposit in the City Treasury to the credit of the general fund, all money contained in anything he destroys pursuant to the provisions of this Section. He shall destroy all other contents of such game or thing. (Ord. 30, § 1)

4127.8 Release from court custody.

The Chief of Police shall apply to the judge of any court which has custody of any thing subject to destruction under the terms of this Section for an order releasing such cards, game or thing to him for the purpose of complying with this Section. (Ord. 30, § 1)

4127.9 Applicability.

Notwithstanding the foregoing provisions of this Section, this Chapter shall not apply to any bingo game which is conducted pursuant to and in accordance with the provisions of Chapter 7 of Article VI of this Code. (Ord. 77-405, § 1)

4128 Gambling Information.

No person, either as principal, agent, employee or otherwise, shall let or lease any telegraph or telephone line or wire knowing that it is to be used for the purpose of conducting or carrying on a pool room, or for the purpose of conducting the business of making books, or selling pools on races or other contests, or of betting or laying of wagers upon the result of any race or contest. No person shall transmit any message over any telephone or telegraph line or wire owned, controlled or leased by any person engaged in conducting or carrying on a pool room or in conducting the business of making books or selling pools on races or other contests, or of betting or laying of wagers upon the result of any race or contest, knowing that such message is to be used in conducting or carrying on such pool room or business.

1. Same. For the purposes of this Section a “pool room” is defined to be a room or place where betting or laying of wagers upon the result of races or contests is carried on as a business. (Ord. 2, § 4128)

4129 Unauthorized Use of Shopping Carts Prohibited.

A. Removal. No person shall remove any shopping cart, shopping basket or other similar device from the premises or parking area of any business establishment if such shopping cart, basket or device has permanently affixed to it a sign identifying it as belonging to the owner or operator of such business establishment and a notification to the effect that such cart, basket or device is not to be removed from the premises.

B. Abandonment. No person shall abandon or leave any such shopping cart, shopping basket or other similar device which has been removed from the owner’s premises upon any public street, alley, sidewalk, parkway or other public place, nor upon any private property except that of the owner of such cart, basket or device.

C. Possession. No person shall have in his possession any shopping cart, shopping basket or other similar device which has been removed from the premises of any business establishment operated by the owner of said cart, basket or device and which has permanently affixed to it a sign identifying it as belonging to the operator of a business establishment and a notification to the effect that such cart, basket or device is not to be removed from the premises of said establishment. (Ord. 2, § 4129)

4129.5 Abandoned Shopping Carts – Declaration of Nuisance.

The City Council makes the following findings and declarations: the presence of wrecked, dismantled, or abandoned shopping carts, or parts thereof, creates a condition tending to reduce property values, impede emergency services, promote blight and deterioration, constitute an attractive nuisance by creating a hazard to the health and safety of minors, and create an aesthetic that is detrimental to the community and injurious to the health, safety and general welfare of the City’s residents. Therefore, the presence of wrecked, dismantled or abandoned shopping carts, or parts thereof, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of CMC 4129.5, et seq. (Ord. 07-1371, § 1)

4129.5.1 Abandoned Shopping Carts – Definitions.

The following words, terms and phrases, when used in CMC 4129.5, et seq., shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

“Abandoned shopping cart” means any unattended shopping cart left on any public or private property outside the premises or parking area of the retail establishment owning the shopping cart without the written consent of the owner.

“Abandoned shopping cart prevention plan” means a document submitted by the responsible business owner as required by CMC 4129.5.5.

“Abatement of shopping cart” shall mean the removal of an abandoned shopping cart by the City or its appointed contractor.

“Agent” means the person or persons designated in an abandoned shopping cart prevention plan to provide abandoned shopping cart retrieval services on behalf of the owner of the business. The agent may be the owner if so designated in the approved abandoned shopping cart prevention plan.

“Manager” means the Public Safety Services Manager or such other official designated by the City Manager to administer CMC 4129.5, et seq.

“Owner” means the person or entity responsible for shopping carts whose name is required to appear on the shopping cart identification sign required by CMC 4129.5.2.

“Parkway” means the area between the edge of the roadway and the property line adjacent thereto. “Parkway” also includes any area within a roadway which is not open to vehicular travel.

“Premises” means the entire area owned, occupied, and/or utilized by a business owner who provides shopping carts for use by customers or other persons, and shall include any parking lot or other property provided by or on behalf of the owner for customer parking or use. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.

“Shopping cart” means a nonmotorized basket which is mounted on wheels or a similar device generally used in commercial establishments by a customer for the purpose of transporting goods of any kind. (Ord. 07-1371, § 2)

4129.5.2 Abandoned Shopping Carts – Identification of Shopping Carts.

Any establishment providing shopping carts to its customers shall permanently affix to each shopping cart an identification sign of the type described in Section 22435.1 of the California Business and Professions Code which (1) identifies the owner of the shopping cart or the retailer, or both; (2) notifies the public of the procedure to be utilized for authorized removal of the shopping cart from the premises; (3) notifies the public that the unauthorized removal of the shopping cart from the premises or parking area of the retail establishment or the unauthorized possession of the shopping cart is a violation of State and local law; and (4) lists a valid telephone number or address for returning the shopping cart removed from the premises or parking area to the owner or retailer. (Ord. 07-1371, § 3)

4129.5.3 Abandoned Shopping Carts – Impoundment of Shopping Carts with Identification Signs.

The impoundment procedures contained in this Section shall apply only to shopping carts that have the identification sign required by CMC 4129.5.2. A fine imposed pursuant to this Section may be appealed pursuant to CMC 4129.5.13.

(a) Any abandoned shopping cart may be impounded by the City at the owner’s cost if, prior to said impoundment, the City provides to the owner or the owner’s agent a minimum of three (3) business days’ actual notice of the shopping cart’s discovery and location. Notice may be given by any appropriate means, including by telephone. After said impoundment, the City shall notify either the owner of the shopping cart or its agent, either by telephone or in writing, that the City has impounded the shopping cart and the address at which the shopping cart is then located. Any owner or agent wishing to reclaim a shopping cart impounded pursuant to this subsection may appear during normal business hours at the applicable location and reclaim the shopping cart upon paying the $50.00 fine authorized by Business and Professions Code Section 22435.7(f), if applicable, and the City’s actual costs incurred for impoundment and storage of the shopping cart. The fine shall only be required to be paid if the owner or the agent fails to retrieve one (1) or more shopping carts within the applicable three (3) day period on three (3) separate occurrences within any six (6) month period.

(b) Alternatively, any abandoned shopping cart may be immediately impounded by the City if, within twenty-four (24) hours of the shopping cart’s impoundment, the City notifies the owner or the agent that the shopping cart has been impounded and the location at which the shopping cart was impounded. Any owner or agent wishing to reclaim a shopping cart impounded pursuant to this subsection may appear during normal business hours within three (3) business days of the date of notice at the location and times indicated in the notice to reclaim the shopping cart free of charge. Any shopping cart reclaimed within the three (3) business day period shall not be deemed an “occurrence” for the purposes of assessing the fine referred to in subsection (a) of this Section. Any shopping cart not reclaimed within three (3) business days shall be subject to the applicable fine imposed pursuant to subsection (a) of this Section commencing on the fourth business day following the date of the notice.

(c) Any shopping cart which is abandoned in a location which will impede emergency services may be immediately impounded. (Ord. 07-1371, § 4)

4129.5.4 Abandoned Shopping Carts – Impoundment of Shopping Carts without Identification Signs.

The impoundment contained in this Section shall apply only to shopping carts that do not have the identification sign required by CMC 4129.5.2.

Any abandoned shopping cart without an identification sign may be immediately impounded by the City at the owner’s cost. Within forty-eight (48) hours of said impoundment, the City shall attempt to notify the owner (if the identity of the owner is known or has been ascertained by the City), either by telephone or in writing, that the City has impounded the shopping cart and the location at which the shopping cart was impounded. Any owner wishing to recover a shopping cart impounded pursuant to this Section may appear during normal business hours within thirty (30) days of the date of the notice (or, if no notice is given because the identity of the owner is not known, within thirty (30) days after impoundment) at the applicable location, and reclaim the shopping cart upon paying the City’s actual costs incurred for impoundment and storage of the shopping cart.

A shopping cart that has not been retrieved within thirty (30) days may be disposed of pursuant to CMC 4129.5.15. (Ord. 07-1371, § 5)

4129.5.5 Abandoned Shopping Carts – Mandatory Abandoned Shopping Cart Prevention Plan.

Every business owner who provides shopping carts, or allows or intends to allow the use of shopping carts, shall develop, implement and comply with the terms and conditions of an abandoned shopping cart prevention plan to prevent the unauthorized removal by any person of any shopping carts from the owner’s premises and, should shopping carts be removed, to retrieve such shopping carts within twenty-four (24) hours of the removal or notice of removal. Each owner’s abandoned shopping cart prevention plan shall include the following elements and be approved by the Public Safety Services Manager or such other official designated by the City Manager to administer CMC 4129.5, et seq.:

(a) Name of Business/Owner. The name of the owner and the business name; the physical address where the business is conducted; the name, address and phone numbers of the on-site and off-site owner, if different, and the name of the agent, if any.

(b) Inventory of Shopping Carts. A complete list of all shopping carts maintained on or in the premises.

(c) Community Outreach. A description of the community outreach process under which the owner shall cause notice to be provided to customers that the removal of shopping carts from the premises is prohibited and a violation of State and City law. This notice shall include, but is not limited to, flyers distributed on the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, an announcement using intercom systems on the premises or a website, or any other means demonstrated to be effective as determined by the Manager.

(d) Notice of Posting. There shall be posted by the owner of any retail establishment furnishing shopping carts for its customers, prominently and conspicuously, a notice in substantially the following form: “REMOVAL OF SHOPPING CARTS FROM THESE PREMISES IS PROHIBITED BY LAW.”

(e) Shopping Cart Identification. Shopping carts must be clearly and easily identifiable as to the business owner that has provided the shopping carts, including the business name and the physical address where the business is conducted.

(f) Loss Prevention Measures. A description of the specific measures that the owner shall implement to prevent shopping cart removal from the premises. These measures may include, but are not limited to, electronic or other disabling devices on the shopping carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return shopping carts to the store, use of security personnel to prevent removal, a security deposit for the use of a shopping cart, or any other measures determined, at the discretion of the Manager, to be likely to prevent the removal of shopping carts from the premises.

(g) Employee Training. A description of an ongoing employee training program that shall be implemented by the owner to educate new and existing employees on the abandoned shopping cart prevention plan and conditions contained therein, at least annually.

(h) Mandatory Shopping Cart Retrieval. A plan for retrieval of abandoned shopping carts by the owner within a twenty-four (24) hour time period of removal, or evidence of a contract with a City-licensed retrieval service to serve as the owner’s agent in such process. (Ord. 07-1371, § 6)

4129.5.6 Abandoned Shopping Carts – Submittal of Mandatory Abandoned Shopping Cart Prevention Plan for Approval or Denial.

(a) Each business owner who offers shopping carts to its patrons shall submit an abandoned shopping cart prevention plan in compliance with CMC 4129.5, et seq., within thirty (30) days and beginning on April 2, 2007. For all new businesses that will offer shopping carts and which open after this deadline, each owner shall be required to comply with the provisions of CMC 4129.5, et seq., regardless of receipt of written notice from the Manager prior to commencement of operations. In implementing CMC 4129.5, et seq., for the period commencing upon adoption of the ordinance from which this Section is derived, the Manager shall endeavor to provide no less than sixty (60) days’ written notice to each owner of the date that the owner’s initial abandoned shopping cart prevention plan is due.

Within thirty (30) days of receipt of a plan, the Manager may approve or deny any proposed plan and shall notify the owner of his or her decision. If approved, the abandoned shopping cart prevention plan shall be implemented by the owner no later than thirty (30) days from the date of approval. Each owner must comply with the provisions of CMC 4129.5, et seq., regardless of receipt of written notice from the Manager.

(b) The Manager may deny a proposed abandoned shopping cart prevention plan pursuant to his or her determination that:

(1) Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, police or other City codes, or any county, State, or Federal law which substantially affects public health, welfare or safety.

(2) The plan fails to include all the information required by CMC 4129.5, et seq.

(3) The plan is insufficient or inadequate to prevent removal of shopping carts from the owner’s premises.

(4) The plan fails to address any special or unique conditions arising due to the physical location of the premises as they relate to shopping cart retention and prevention efforts.

(5) Implementation of the plan would violate a term or condition of another policy or requirement of a City code.

(6) The owner has knowingly made a false statement of fact, or omitted a fact required to be revealed in an application for an abandoned shopping cart prevention plan or in any addendum or report or other information required to be provided regarding the plan.

(c) If the plan is rejected as incomplete or inadequate, the Manager shall indicate the areas of incompleteness or inadequacy, and the owner shall have an additional thirty (30) days in which to resubmit a corrected plan.

(d) An owner who fails to (1) submit a complete plan, (2) implement approved plan measures, or (3) comply with the approved plan measures shall submit a new plan upon the City’s request and/or shall be subject to enforcement of these requirements in accordance with Chapter 2 of Article I, Penalty Provisions, of the Carson Municipal Code.

(e) The Manager’s denial of a plan may be appealed pursuant to CMC 4129.5.11(c). (Ord. 07-1371, § 7)

4129.5.7 Abandoned Shopping Carts – Modification of an Abandoned Shopping Cart Prevention Plan.

The Public Safety Manager or such other official designated by the City Manager to administer CMC 4129.5, et seq., may request a modification to a previously approved plan to address a change in circumstances, an unanticipated physical or economic impact of the plan or a need to modify an ineffective plan.

An owner may request a modification to a previously approved plan to address a change in circumstances, an unanticipated physical or economic impact of the plan or a need to modify an ineffective plan. (Ord. 07-1371, § 8)

4129.5.8 Abandoned Shopping Carts – Exemption from Mandatory Abandoned Shopping Cart Prevention Plan Obligation.

(a) Any owner may request an exemption, on an annual basis, from the requirements of CMC 4129.5, et seq., if the owner provides written documentation and demonstrates to the satisfaction of the Manager that the owner has:

(1) A contract with a City-licensed cart retrieval service; or

(2) A physical device or mechanism currently in place which prevents the unauthorized removal of shopping carts from the owner’s premises.

(b) A written application for the exemption shall include all of the following:

(1) The name of the owner and the name of the business; the physical address where the business is conducted; and the name, address and phone number of the on-site and off-site owner.

(2) The method, management practice, or physical device that will ensure that the shopping carts will not leave the premises.

(3) Certification by the person submitting the application, signed under penalty of perjury, asserting that all information contained in the application is true and correct.

(d) An exemption shall be valid for the calendar year for which the exemption is granted. Accordingly, every exemption expires on December 31st.

(e) If, during the course of the year in which an exemption has been granted, the owner ceases to employ its designated retrieval service or any other change occurs which would make any of the information contained on owner’s application for the exemption inaccurate, owner must immediately notify the Manager in writing of such change. (Ord. 07-1371, § 9)

4129.5.9 Abandoned Shopping Carts – Renewal of Mandatory Abandoned Shopping Cart Prevention Plan Exemption.

Every owner who receives an exemption from the abandoned shopping cart prevention plan must re-apply, each year, to the Manager for a one (1) year renewal of the exemption. A renewal application must be submitted at least forty-five (45) days before its expiration, to allow staff adequate time to review the application, and shall include the information required to be submitted in an initial application for the exemption. An owner who fails to (a) apply for a renewal of the exemption, (b) submit a complete plan, (c) implement approved plan measures, (d) comply with the approved plan measures, or (e) advise the City of a change in circumstance with respect to the administration of its plan shall submit a new plan upon the City’s request and/or shall be subject to enforcement of these requirements in accordance with Chapter 2 of Article I, Penalty Provisions, of the Carson Municipal Code. (Ord. 07-1371, § 10)

4129.5.10 Abandoned Shopping Carts – Denial of Renewal or Revocation of a Mandatory Abandoned Shopping Cart Prevention Plan Exemption.

(a) Grounds for Denial or Revocation. An application for renewal of a mandatory abandoned shopping cart prevention plan exemption may be denied or an existing exemption revoked by the Manager upon the finding of any of the following:

(1) Any of the owner’s shopping carts currently are or have been abandoned for longer than three (3) business days after notification by the Manager on three (3) occasions in any six (6) month period.

(2) The owner has failed to comply with any of the provisions of CMC 4129.5, et seq.

(3) The owner has knowingly made a false statement of fact or omitted a fact required to be revealed in an application for the exemption, or in any amendment or report or other information required to be made.

(b) Notice of Intended Decision. Upon determining the existence of any of the grounds for denial or revocation of a renewal of an exemption, the Manager shall issue the owner a written notice of intended decision. Such notice shall state all grounds upon which the decision is based and shall advise the owner that the denial or revocation shall become final unless the owner files a written request for a hearing before the Manager within ten (10) calendar days of the date of the notice of intended decision. The notice of intended decision shall also specify the effective date of the denial or revocation. (Ord. 07-1371, § 11)

4129.5.11 Abandoned Shopping Carts – Hearing and Appeal Procedure for Renewal of Exemption.

(a) Request for Hearing. Any request for a hearing to contest a decision denying the renewal or revoking of an abandoned shopping cart prevention plan exemption that has been timely requested pursuant to this Section shall be scheduled for a hearing by the Manager for a date that is no later than thirty (30) calendar days after receipt of the request for hearing. The Manager shall serve a notice of hearing on the owner at least ten (10) calendar days prior to the scheduled date of the hearing. At the hearing, the owner shall be given the opportunity to present witnesses and relevant documentary evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the City deems reliable, relevant and not unduly repetitious may be considered.

(b) The Manager’s Decision. Within twenty (20) calendar days after the hearing, the Manager shall serve the owner with a written decision sustaining, reversing or modifying the Manager’s intended decision. The decision by the Manager after the hearing shall become final unless the owner files an appeal before the City Manager pursuant to subsection (c) of this Section.

(c) Appeal to the City Manager. If an owner is dissatisfied with any decision of the Manager, the owner may file an appeal to the City Manager. The appeal must be in writing and must be received by the City Manager’s office within fifteen (15) calendar days of the date of the Manager’s decision. The City Manager, or his or her designee, shall preside at the hearing and consider all facts and testimony presented and deemed appropriate. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the City deems reliable, relevant and not unduly repetitious may be considered. The City Manager’s decision shall be final. Notice of the City Manager’s decision shall be provided to the owner within ten (10) days of the hearing. (Ord. 07-1371, § 12)

4129.5.12 Abandoned Shopping Carts – Noncompliance – Enforcement.

(a) Any owner who fails to comply with any provision of CMC 4129.5, et seq., or any provision of the owner’s approved abandoned shopping cart prevention plan shall be subject to enforcement procedures for each violation through any lawful means available to the City, including, without limitation, those set forth in Business and Professions Code Section 22435.7, as amended from time to time, as well as the institution of an administrative remedy in accordance with CMC 4129.5, et seq.

(b) Any person who violates any provision of CMC 4129.5, et seq., is guilty of a misdemeanor. The provisions of these sections are not intended to preclude the application of any other laws relating to the prosecution of thefts. (Ord. 07-1371, § 13)

4129.5.13 Abandoned Shopping Carts – Hearing to Contest a Fine.

Any owner of a shopping cart who has been charged a fine to reclaim a shopping cart shall be entitled to a hearing as to whether the fine has been properly charged by providing to the City Clerk a written request for a hearing within fifteen (15) days of receipt of notice that the shopping cart has been impounded. The hearing shall be held not later than thirty (30) days from the date of the hearing request and the owner shall be notified of the time, date, and location of the hearing. The City Manager or his or her designee shall appoint a hearing officer. If the hearing officer determines that the City properly impounded the shopping cart and the owner has been charged the appropriate amount, the owner shall pay all costs associated with the administrative hearing and, if he or she desires to reclaim the shopping cart, pay any applicable fine. If the hearing officer determines that the owner has been improperly charged a fine, the owner shall be entitled to reclaim the shopping cart at an adjusted fine or at no charge, whichever is applicable. (Ord. 07-1371, § 14)

4129.5.14 Abandoned Shopping Carts – Location of Impounded Shopping Carts.

Any shopping cart impounded by the City pursuant to CMC 4129.5, et seq., shall be taken to a location designated by the City which is both: (a) reasonably convenient to the owner of the shopping cart; and (b) open for business at least six (6) hours of each business day. (Ord. 07-1371, § 15)

4129.5.15 Abandoned Shopping Carts – Disposition of Impounded Shopping Carts.

The City shall be permitted to destroy, sell at public auction or otherwise dispose of any shopping cart, or part thereof, impounded by the City pursuant to CMC 4129.5, et seq., which has been deemed to be permanently abandoned, which may occur in the following circumstances, but is not limited to the following circumstances:

(a) The shopping cart does not have the identification sign required by CMC 4129.5.2 or other information that identifies the owner, or the City is unable to locate the owner with reasonable diligence.

(b) If the owner has not requested a hearing and the owner and the agent, if any, failed to reclaim the shopping cart from the City within thirty (30) days of receipt of notice that the shopping cart was impounded by the City.

(c) If, within thirty (30) days after a hearing, the owner or agent has failed to reclaim the shopping cart from the City.

(d) The Manager determines that the shopping cart is inoperable, unsafe, or that the cost to repair exceeds the value of the shopping cart. In such case, the shopping cart or parts thereof may be destroyed without providing the appeal hearing provided in CMC 4129.5.11(c), but the Manager shall give notice of this action to the owner, if the owner can be determined. The owner shall not be liable for any cost for removal and abatement in such case. (Ord. 07-1371, § 16)

4129.5.16 Abandoned Shopping Carts – Sale of Abandoned Shopping Carts.

If the City determines to sell any shopping cart deemed to be permanently abandoned pursuant to CMC 4129.5.15, the City shall advertise the sale at a time convenient to the City. Notice of such sale, including the time and place, shall be posted in three (3) conspicuous places within the City. Ten (10) days after posting such notice, such shopping carts may be sold and delivered to the highest bidder free and clear of any claims of the owner thereof. The proceeds of such sale shall be distributed to the City. (Ord. 07-1371, § 17)

4129.5.17 Shopping Cart Collection Services May Be Performed by City-Appointed Contractor.

The City may contract with a shopping cart retrieval service for the retrieval and impoundment of shopping carts or any other related service described in CMC 4129.5, et seq. (Ord. 07-1371, § 18)

4129.5.18 Administration and Enforcement.

Except as otherwise provided in CMC 4129.5, et seq., the provisions of CMC 4129.5, et seq., shall be administered and enforced by the City Manager. In the enforcement of CMC 4129.5, et seq., the City Manager, or his or her designee, may enter onto public or private property to examine a shopping cart or parts thereof or to obtain information to identify the owner of the shopping cart and to order, pursuant to CMC 4129.5, et seq., the abatement and impoundment of the shopping cart, or parts thereof, declared to be a nuisance. Notwithstanding the foregoing, the Manager shall perform the day-to-day administration of CMC 4129.5, et seq. (Ord. 07-1371, § 19)

4130 Repealed.

Repealed by Ord. 86-754.

4131 Use of City Seal – Restrictions.

No person shall place the City seal or any copy, facsimile or reproduction thereof on any written or printed material supporting or opposing any candidate or candidates for any elective public office or supporting or opposing any state or federal legislation or any local or statewide referendum, initiative or other ballot measure, and no person shall circulate or distribute any such written or printed material containing or bearing the City seal or any copy, facsimile or reproduction thereof, except only as provided in CMC 4132. (Ord. 80-524, § 1)

4132 Use of City Seal – Exceptions.

CMC 4131 shall not prohibit:

(a) Use of the City seal or a copy, facsimile or reproduction thereof on written material in support of or in opposition to any state or federal legislation or statewide referendum, initiative or other ballot measure when specifically authorized by the City Council;

(b) Use of the City letterhead bearing the City seal by a member of the City Council for individual correspondence, or the reproduction and distribution of a City Councilmember’s letter by the recipient thereof, at no cost to the City of Carson.

This Section shall not be construed so as to authorize any mass production, mailing or distribution of any such letter or written material on City stationery or otherwise at City expense, or any use of public funds in connection with any political campaign or issue. (Ord. 80-524, § 1)

4133 City Seal – Commercial Use of.

No person shall place the City seal or any copy, facsimile or reproduction thereof on any written or printed material other than that specified in CMC 4132, for any commercial, business or private purpose unless specifically authorized by the City Council. (Ord. 80-524, § 1)

4134 Imitation of City Seal Prohibited.

No person shall place any imitation of the City seal on any written or printed material which is designed, calculated, intended or likely to confuse, deceive or mislead the public or cause the reader of such written or printed material to believe it to be an official City publication, and no person shall circulate or distribute any such written or printed material in the City of Carson. (Ord. 80-524, § 1)

4135 Disposal Procedures for Syringes, Hypodermic Needles, Drugs or Medical Supplies.

It shall be unlawful for any pharmacist, physician, surgeon, dentist, podiatrist, veterinarian, nurse, nurse’s aid or helper, or any other person engaged in a similar profession or occupation, or the agent or employee of any such person, or for any clinic or hospital or any agent or employee of any such clinic or hospital, or for any other person or custodian responsible for the disposal of such material to dispose of any unused, used or partly used hypodermic syringes, hypodermic needles, drugs, drug containers or bottles, medicines, medicine containers or bottles, medical supplies or other similar items, including bandages or dressings, customarily used by any such person, clinic or hospital, by placing any such item in any open garbage or refuse receptacle, unless such item or items are so treated, crushed, or securely packaged or contained as to prevent direct access thereto. (Ord. 70-127, § 1)

4136 Item Pricing in Retail Grocery Stores – Definitions.

a. Automatic Checkout System. An electronic system employing a scanning device combined with a computer and register to read a universal product code or similar code of packaging and display and total the cost of the items purchased.

b. Consumer Commodity.

(1) Food, including all material whether solid, liquid, or mixed, and whether simple or compound, which is used or intended for consumption by human beings or domestic animals normally kept as household pets, and all substances or ingredients added to any such material for any purpose. This definition shall not apply to individual packages of cigarettes or individual cigars.

(2) Paper and plastic products, such as, but not limited to, napkins, facial tissues, toilet tissues, foil wrapping, plastic wrapping, paper toweling, and disposable plates and cups.

(3) Detergents, soaps and other cleaning agents.

(4) Pharmaceuticals, including nonprescription drugs, bandages, hygiene products, and toiletries.

c. Grocery Department. An area within a general retail merchandise store which is engaged primarily in the retail sale of packaged food, rather than food prepared for immediate consumption on or off the premises.

d. Grocery Store. A store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.

e. Person. An individual, firm, corporation, partnership, association, or other organization, group or combination acting as a unit.

f. Sale Item or Special. Any consumer commodity offered in good faith for some appropriate time period, on sale at a price below the normal price that item is usually sold for in that store. (Ord. 80-516, § 1)

4136.1 Same – Item Prices.

Every retail grocery store or grocery department within a general retail merchandise store which uses an automatic checkout system shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale provided, however, that said requirement shall not apply to:

a. Any unpackaged fresh food produce;

b. Any consumer commodity under three (3) cubic inches in size and weighing less than three (3) ounces and priced for less than $0.30;

c. Any grocery business which has as its only regular employees the owner thereof, or the parent, spouse, or child of such owner, or in addition thereto, not more than two (2) persons employed on a regular schedule for a continuing period of time;

d. Identical items within a multi-item package;

e. Items sold through a vending machine;

f. Any-consumer commodity which was not generally item-priced as of January 1, 1977, as determined by the State of California Department of Food and Agriculture;

g. Any consumer commodity offered as a sale item or as a special. (Ord. 80-516, § 1)

4136.2 Same – Penalties.

a. Any person intentionally violating any of the provisions of CMC 4136.1 shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not less than $25.00 and not more than $500.00.

b. Failure to have a clearly readable price indicated on twelve (12) units of the same item of the same commodity shall give rise to a rebuttable presumption of intent to violate CMC 4136.1.

c. Each additional twelve (12) units of the same item that fail to have a price indicated on them shall constitute a separate violation of CMC 4136.1.

d. Each day that a violation continues after notification thereof by any person to the grocery store or department manager or assistant manager shall constitute a separate violation and shall constitute a presumption of intent to violate CMC 4136.1.

e. Notwithstanding any other provision of law, any person may bring an action to enjoin a violation of CMC 4136.1.

f. Any person who violates CMC 4136.1 shall be liable to any person injured for any losses and expenses thereby incurred, and for the sum of $50.00, in addition thereto. The remedies set forth in this Section shall apply only to actions brought on behalf of a single plaintiff and shall not apply to multiple plaintiffs or class actions. (Ord. 80-516, § 1)

4136.3 Same – Unintentional Error.

Improper pricing on the shelf or on the item due to unintentional error shall not constitute a violation of this Chapter. (Ord. 80-516, § 1)

4137 Park Hours and Parking.

Public parks owned or operated by the City of Carson are hereby closed between the hours of 10:00 p.m. and 5:00 a.m., except as otherwise provided in this Section. No person shall enter or remain in any public park owned or operated by the City of Carson or the County of Los Angeles while such park is closed. The City may grant the use of such parks during the hours of closure by permit. The City Administrator, the Deputy City Administrator/Director of Recreation and Community Services, or the Director of Public Safety may declare any park closed when necessary to protect the public health, safety, and welfare. Parking on the grounds of a public park is prohibited at all times except by permit. Parking in a public park parking lot is prohibited while the park is closed and at all other times as may be provided by resolution of the City Council. Vehicles parked in violation of this Section shall be towed and stored at the owner’s expense pursuant to California Vehicle Code Section 22651(n). This section shall not apply to officers or employees of the City of Carson, County of Los Angeles, or Los Angeles County Flood Control District when such employees or officers must enter or remain in such park in order to perform duties attendant to such office or employment. (Ord. 81-570U, § 1; Ord. 95-1055, § 1)

4138 Use of Park Picnic Shelters.

In connection with the use of picnic shelters at public parks owned or operated by the City of Carson, the following requirements shall be met:

(a) Permit Required. No group, company, society or organization shall use a picnic shelter at any public park owned or operated by the City of Carson for any purpose without first obtaining a permit from the Recreation and Community Services Department. All persons occupying a picnic shelter area without the obtainment of a permit shall vacate such area when requested to do so by an authorized City representative. This Section shall not apply to officers or employees of the City of Carson, County of Los Angeles, or Los Angeles County Flood Control District when such employees or officers must use such picnic shelters to perform duties attendant to such office or employment.

(b) Fee Required. The fee for a permit shall be as established by a resolution of the Council. Said fee shall be in addition to any other fee which may be established by the Council.

(c) Procedural Standards. The recreation and Community Services Department shall issue permits in the priority by which applications are received. The Department shall make a decision on an application within three (3) days of the date the application is deemed complete, unless an extension of this time limit is agreed to by the applicant. (Ord. 95-1056, § 2)

4139 Use of Parks by Large Groups.

In connection with use of public parks owned or operated by the City of Carson by large groups, the following requirements shall be met:

(a) Permit Requirement. No group, company, society or organization, consisting of twenty-five (25) or more individuals, shall use public parks owned or operated by the City of Carson for any purpose without first obtaining a permit from the Recreation and Community Services Department. This Section shall not apply to officers or employees of the City of Carson, County of Los Angeles, or Los Angeles County Flood Control District, when such employees or officers must use such facilities to perform duties attendant to such office or employment.

(b) Fee Required. The fee for a permit shall be as established by a resolution of the Council. Said fee shall be in addition to any other fee which may be established by the Council.

(c) Procedural Standards. The Recreation and Community Service Department shall issue permits in the priority which applications are received. Such permits shall be issued or denied within two (2) days of submission of a complete application, unless the applicant agrees to an extension of time. (Ord. 95-1057, § 2)

4139.1 Amplified Music in Public Parks.

In connection with the broadcast of amplified music in public parks owned or operated by the City of Carson, the following requirements shall be met:

(a) Permit Required. No person, firm, or corporation shall use or operate, or cause to be used or operated, in any public park owned or operated by the City of Carson, any device, apparatus or instrument for the amplification of music without first obtaining a permit from the Recreation and Community Services Department.

(b) Broadcast Standards. The broadcasting of amplified music in City parks shall comply with the following standards:

(1) The volume of sound shall be controlled so that it will not be audible for a distance in excess of fifty (50) feet from the source, and the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility.

(2) The area where the music can be played and the direction of the speakers shall be as agreed upon by the permittee and Recreation and Community Services Department staff.

(3) Amplified music shall only broadcast between the hours of 10:00 a.m. and 7:00 p.m. while daylight savings time is in effect, and between 10:00 a.m. and 6:00 p.m. while standard time is in effect.

(1) Residents shall submit an application for a permit between ninety (90) days and ten (10) days in advance of the activity. Nonresidents shall submit an application for a permit between fourteen (14) days and ten (10) days in advance of the activity.

(2) The Recreation and Community Services Department shall issue permits in the priority by which applications are received. Decisions on permit applications shall be made within two (2) days of submission of a complete application, unless the applicant agrees to an extension of time. (Ord. 95-1058, § 2)

4139.2 Skate Park Regulations.

The skate facility at Veteran’s Park is hereby designated for skateboarding and in-line skating (the “skate facility”). The boundaries of the skate facility are on file in the office of the City Engineer and are further defined by the fence and signs surrounding the skate facility. No person shall ride, operate or use a skateboard or in-line skates within a park except in the skate facility. Within the skate facility, it shall be unlawful for any person to:

(a) Ride, operate, or use a skateboard or in-line skates unless that person is wearing a helmet designated for skateboard use with a chin strap, elbow pads designated for skateboard use with plastic elbow caps, and knee pads designated for skateboard use with plastic knee caps, which equipment shall be in good repair at all times during use;

(b) Ride, operate, or utilize a skateboard or in-line skates unless such equipment is in good repair at all times during use;

(c) Place or utilize additional obstacles or other material (including, but not limited to, ramps or jumps) within the skate facility;

(d) Enter the skate facility unless actively skateboarding or in-line skating in accordance with these regulations;

(e) Use, consume, or have within his or her custody or control food, beverages, tobacco products or illegal drugs within the skate facility;

(f) Enter or be upon the skate facility while under the influence of alcoholic beverages or illegal drugs;

(g) Use or possess glass containers, bottles or other breakable glass products within the skate facility;

(h) Use or engage in profanity, reckless or boisterous behavior (including, but not limited to, tandem riding, pushing, profanity, horseplay, and bullying), graffiti or tagging, loud music or any other activity which could endanger the safety of persons using the skate facility or spectators;

(i) Enter or be upon the skate facility at any time except during its posted hours of operation; or

(j) Ride, operate, or utilize any device other than a skateboard or in-line skates (prohibited devices include, but are not limited to, bicycles or motor vehicles) on the skate facility. (Ord. 03-1269U, § 1; Ord. 03-1269, § 1)

4140 Nudity and Partial Nudity in Public Places Prohibited.

4140.1 Legislative Authorization.

CMC 4140 and its subsections are adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in CMC 4140 and its subsections which also are used in the said Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in the said Sections 318.5 and 318.6 of the Penal Code. (Ord. 69-107, § 1)

4140.2 Theater – Definition.

As used in this CMC 4140 and its subsections and in Sections 318.5 and 318.6, “theater” means a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery is placed and theatrical or vaudeville or similar performances are given and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, and for which a City license for a theater is in full force and effect. This definition does not supersede the provisions of CMC 4140.1. (Ord. 69-107, § 1)

4140.3 Prohibition.

Every female is guilty of a misdemeanor who while participating in any live act, demonstration, or exhibition in any public place, open to the public, or place open to public view, or while serving food or drink or both to any customer:

(a) Exposes the areola of either breast or any portion of either breast below the areola thereof, or

(b) Employs any device or covering, which is intended to simulate such portions of the breast, or

4140.4 Prohibition.

Every person is guilty of a misdemeanor who:

(a) Exposes his or her genitalia, pubic hair or natal cleft or perineum or employs any device or covering which is intended to simulate the genitalia or pubic hair while participating in any live act, demonstration, or exhibition in any public place, place open to the public, or place open to public view, or while serving food or drink or both to any customer. (Ord. 69-107, § 1)

4140.5 Accessories.

Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of CMC 4140.3 or 4140.4. (Ord. 69-107, § 1)

4140.6 Exceptions.

This Chapter does not apply to:

(a) A theater, concert hall, or similar establishment which is primarily devoted to theatrical performances.

(b) Any act authorized or prohibited by any state statute. (Ord. 69-107, § 1)

4141 Display of Matter Harmful to Minors.

(a) For purposes of this Section, the term “matter” and the phrase “matter harmful to minors” shall have the same definitions as those set forth in Section 313 of the Penal Code of the State of California.

(b) No person shall knowingly display in any place open to the general public, other than a public place from which minors are excluded, any matter which is harmful to minors unless such material is located in blinder racks so that the lower two-thirds (2/3) of the matter is not exposed to public view. (Ord. 91-942, § 1)

4142 Reserved.

4143 Reserved.

4144 Threats with Replica Firearms.

4144.1 Replica Firearms and Firearms Definitions.

(a) As used in this Section, the term “replica firearm” shall include any device or object made of plastic, wood, metal or any other material which is a facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm as that term is used under the provisions of Sections 12001, 12001.5, 12020(d)(1), and 12570 of the State Penal Code.

(b) For purposes of this Section, the meaning of the term “firearm” shall be the same as the meaning of that term under the State Dangerous Weapons Control laws and shall include air rifles, pellet guns or BB guns. (Ord. 87-810, § 1)

4144.2 Same – Threats Prohibited.

Every person who, except in self defense, in the presence of any other person, draws, exhibits or brandishes a replica firearm or who simulates a firearm in a rude, angry and threatening manner, or who in any manner, unlawfully uses the same in any fight or quarrel and causes the victim to reasonably believe that the person is actually in possession of an operable firearm is guilty of a misdemeanor. (Ord. 87-810, § 1)

4145 Disturbing the Peace.

No person shall operate any motor vehicle (including any motorcycle, trail bike, mini bike, unlicensed vehicle, dune buggy, motor scooter or jeep), or the motor thereof on any vacant lot, parking lot, vacant property or acreage so as to disturb the peace or quiet of any neighborhood or person by noise, dust, smoke or fumes caused by such motor vehicle. Violation of this Section shall be deemed a misdemeanor and shall be punishable as provided in CMC 1200(a). (Ord. 87-804, § 1)

4146 Camping on Public Property.

It shall be unlawful for any person to camp in: (1) any public park; (2) any public street, alley, lane, public right of-way; or (3) any public parking lot or public area, improved, or unimproved.

(a) As used in this Section, “to camp” shall be defined as to set up, or to remain in or at, a campsite.

(b) A “campsite” shall mean and include any place where any bedding, sleeping bag or other sleeping matter, or any stove, or other cooking equipment, or fire, is placed, established or maintained, whether or not such place incorporates the use of any tent, lean-to, or any other structure, or any vehicle or part thereof. Campsites shall not include any area specifically designated by the City Council for such purpose. (Ord. 90-908U, § 2; Ord. 90-908, § 2)

4147 Sleeping on Public Property.

It shall be unlawful for any person to sleep in: (1) any public park during the period of time from 10:00 p.m. to 6:00 a.m.; (2) any public street, alley, lane, or public right-of-way; (3) any public parking lot or public area, improved or unimproved. (Ord. 90-908U, § 2; Ord. 90-908, § 2)

4148 Controlled Substances.

Each violation of Title 21 United States Code, “The Controlled Substances Act,” and each violation of the California Penal Code relating to the manufacture, possession, sale, distribution, or consumption of controlled substances as defined in State law, shall constitute a separate misdemeanor as defined in CMC 1200(a) and subject to the penalty specified therein. (Ord. 10-1446, § 1)

4149 Unlawful Possession of a Detached Catalytic Converter.

4149.1 Unlawful Possession of a Detached Catalytic Converter – Definitions.

(a) For purposes of CMC 4149, “lawful possession” includes (1) being the lawful owner of the detached catalytic converter, or (2) being in possession of the detached catalytic converter with the lawful owner’s written consent. In order to establish that possession of a detached catalytic converter is not a “lawful possession,” it is not required to prove the catalytic converter was stolen.

(b) For purposes of CMC 4149, “valid proof” means written document(s) that clearly establish that the possessor has lawful possession based on the totality of the circumstances. Subject to the foregoing, “valid proof” may include, without limitation: (1) bill of sale from the original owner; (2) documentation from a licensed auto-body shop or similar business proving that the lawful owner relinquished possession of the catalytic converter to the business for the relevant time period; (3) verifiable written communication from the previous owner to the possessor identifying and relinquishing ownership of the catalytic converter; and/or (4) vehicle registration in the name of the possessor for the vehicle from which the catalytic converter originated, together with the detached catalytic converter containing an etched license plate number or vehicle identification number corresponding to the vehicle. (Ord. 22-2215, § 3)

4149.2 Unlawful Possession of a Detached Catalytic Converter.

It shall be unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid proof of lawful possession of the catalytic converter. (Ord. 22-2215, § 3)

4149.3 Violations.

Each and every detached catalytic converter possessed in violation of CMC 4149 is a separate violation of this Section, punishable in accordance with the Carson Municipal Code. (Ord. 22-2215, § 3)