Chapter 5.8 MISDEMEANORS

No person shall be on any private premises or in any private house in a state of drunkenness or intoxication to the annoyance of any other person. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.02 Alcoholic beverages.

A. Alcohol consumption in publicly owned places open to the general public. It shall be unlawful for any person, in any park, playground, street, sidewalk, alley, or other publicly owned place open to the general public within the City of Clovis, to: (1) possess any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, the seal broken, or the contents of which have been partially removed; or (2) consume any alcoholic beverage.

The following exceptions shall apply:

1. The possession of an alcoholic beverage container or consumption of alcohol within premises for which a license has been issued allowing such use pursuant to the Alcoholic Beverage Control Act.

2. The possession of an alcoholic beverage container for the purpose of recycling or other related activity.

B. Alcohol consumption in privately owned parks, playgrounds, streets, sidewalks, alleys, and parking lots open to the general public. It shall be unlawful for any person, in any privately owned park, playground, street, sidewalk, alley, or parking lot open to the general public within the City of Clovis, to: (1) possess any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, the seal broken, or the contents of which have been partially removed; or (2) consume any alcoholic beverage. Retail package off-sale alcoholic beverage license establishments shall post the premises as required by subsection C of this section.

The following exceptions shall apply:

1. The possession of an alcoholic beverage container or consumption of alcohol within premises for which a license has been issued allowing such use pursuant to the Alcoholic Beverage Control Act.

2. The possession of an alcoholic beverage container for the purpose of recycling or other related activity.

C. Alcohol consumption on the premises of off-sale alcoholic beverage retailers. No person shall within the City of Clovis possess any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, the seal broken, or the contents of which have been partially removed, on the premises of a retail package off-sale alcoholic beverage licensee licensed pursuant to the Alcoholic Beverage Control Act. The premises shall include any parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises.

All retail package off-sale alcoholic beverage license establishments within the City of Clovis shall post the premises with clearly visible notices which indicate to patrons of the licensee and parking lot and to persons on the public sidewalk that the provisions of the ordinance codified in this section apply. All such signs, including the wording, size, and placement, shall be subject to approval by the Chief of Police.

All new establishments within the City shall post the premises prior to opening for business. All existing establishments shall post the premises within thirty (30) days after the effective date of the ordinance codified in this section.

D. Violations: Penalties. Any person violating the provisions of this section shall be guilty of an infraction and punishable in accordance with the provisions of Chapter 2 of Title 1. (§ 1, Ord. 05-07, eff. March 24, 2005)

5.8.03 Sale of gasoline to intoxicated persons.

No person shall sell, loan, give, or deliver gasoline to any person under the influence of intoxicating liquor. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.04 Use and sale of tobacco.

No person under the age of eighteen (18) years shall, on the street or in any public place, smoke a pipe, cigar, or cigarette or use tobacco in any form, nor shall any person sell or give to any such minor in such public place, or for use in any public place, a cigar, pipe, cigarette, or tobacco in any form. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.05 Abandoning domestic animals.

(§ 5, Ord. 363, eff. August 19, 1964, repealed by § 3, Ord. 00-31, eff. January 10, 2001)

5.8.06 Committing nuisances.

See Chapter 27 of Title 5. (§ 5, Ord. 363, eff. August 19, 1964; § 12, Ord. 14-02, eff. March 5, 2014)

5.8.07 Gas balloons.

No person shall distribute, sell, or offer for sale any toy balloons which are inflated with combustible gas. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.08 Possession of BB guns, bows and arrows, and slingshots: Shooting of firearms.

(a) For the purpose of this section the following definitions shall apply:

(1) “BB gun” shall mean any instrument that expels a projectile, such as a BB, pellet or paintball, through the force of air pressure, gas pressure, or spring action.

(2) “Bow and arrow” shall mean any strung bow or instrument commonly used, or which may be used, for shooting or propelling any arrow, projectile, or other missile, by hand or through the force of air pressure, gas pressure or spring action.

(3) “Slingshot” shall mean any instrument commonly used, or which may be used, for throwing or expelling any shot, bullet, rock, stone, projectile, missile or pellet by hand or other force.

(4) “Firearm” shall mean any instrument that expels a missile, bullet or other projectile through the force of gunpowder.

(b) No person shall carry on his person in a concealed manner or discharge or propel by hand in a reckless or grossly negligent manner any BB gun, bow and arrow or slingshot to the danger of persons, property, or harmless wildlife.

(c) No parent or guardian of a person under the age of eighteen (18) years shall allow any such minor person, without adult supervision, to use or to be in possession of any BB gun, loaded or unloaded, gun, bow with or without arrows or slingshot.

(d) No person shall discharge a firearm within the City limits, unless otherwise authorized by law to do so. (§ 5, Ord. 363, eff. August 19, 1964; § 1, Ord. 11-06, eff. August 4, 2011)

5.8.09 Dangerous devices.

No person shall set any gun or any dangerous implement so that the same may be discharged by means of a string, spring, the opening of a door, or by any other device in such manner that the same may injure or kill any person. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.10 Keeping horses, cows, swine, goats, and sheep.

(§ 5, Ord. 363, eff. August 19, 1964, repealed by § 3, Ord. 00-31, eff. January 10, 2001)

5.8.11 Keeping wild animals.

(§ 5, Ord. 363, eff. August 19, 1964, repealed by § 3, Ord. 00-31, eff. January 10, 2001)

5.8.12 Riding or driving on sidewalks.

No person having in his possession or control any horse, automobile, bicycle, tricycle, or other vehicle shall ride or permit the same to be run on any sidewalk in the City or in any public park or square within the City. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.13 Puncture vines prohibited.

No person shall plant or grow, or suffer or permit to be planted or grown, the plant known as Tribulus Terrestris, commonly known as the “puncture vine,” upon any real property owned or controlled by him. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.14 Destruction of puncture vines.

It is hereby declared the duty of every person owning or having control of any real property within the City upon which there is growing the Tribulus Terrestris, commonly known as the “puncture vine,” to eradicate, remove, and destroy the same and to keep such property free therefrom. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.15 Disturbing the peace.

See Chapter 27 of Title 5. (§ 5, Ord. 363, eff. August 19, 1964, as amended by § 1, Ord. 71-13, eff. June 2, 1971; § 1, Ord. 07-22, eff. July 18, 2007; § 12, Ord. 14-02, eff. March 5, 2014)

5.8.16 Vehicle horns.

(a) No person shall sound any horn or warning device on any automobile, motorcycle, bus, or other vehicle except when required by law or when necessary to give timely warning of impending danger to persons driving other vehicles or to persons upon the street.

(b) No person shall sound any horn or warning device on any automobile, motorcycle, bus, or other vehicle within the City, which horn or warning device shall emit an unreasonably loud or harsh sound or which shall continue for any unreasonable period of time. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.17 Loud and raucous noises from vehicles.

See Chapter 27 of Title 5. (§ 5, Ord. 363, eff. August 19, 1964; § 12, Ord. 14-02, eff. March 5, 2014)

5.8.18 Sound amplifiers.

See Chapter 27 of Title 5. (§ 5, Ord. 363, eff. August 19, 1964; § 12, Ord. 14-02, eff. March 5, 2014)

5.8.19 Noises near hospitals.

No person shall ring, or cause to be rung, any bell, or blow or sound, or cause to be blown or sounded, any horn, whistle, siren, or other noise-producing instrument, or make any loud, unusual, or unnecessary noise within the distance of 200 feet from any public or private hospital, sanitarium, or other institution for the treatment of the sick, except where otherwise required by law. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.20 Unauthorized wearing of badges.

No person shall wear a fireman’s badge, or the badge of any public officer or inspector of the City, or a police officer’s badge when not authorized to wear such badge. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.21 Wearing uniforms similar to police uniforms.

No person shall wear any uniform, badge, or insignia which is of such appearance as to be readily mistaken for the official uniform, badge, or insignia of a police officer. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.22 Driving motor vehicles similar to police vehicles.

No person shall drive or operate any motor vehicle which carries any insignia, wording, or design as to be readily mistaken for any official police vehicle. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.23 Noises annoying sick persons.

If a sick person is injured or distressed by the ringing of a church bell or other bell or by a steam or compressed air whistle in the neighborhood of the residence of such sick person, the Health Officer, on a certificate of the attending physician attending such sick person, shall require such bell ringing or whistle blowing to be discontinued while the condition of such sick person shall require it, and no person so notified shall fail to discontinue the use of such bell or whistle promptly. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.24 Breach of peace.

See Chapter 27 of Title 5. (§ 5, Ord. 363, eff. August 19, 1964; § 12, Ord. 14-02, eff. March 5, 2014)

5.8.25 Annoying conduct.

See Chapter 27 of Title 5. (§ 5, Ord. 363, eff. August 19, 1964; § 12, Ord. 14-02, eff. March 5, 2014)

5.8.26 Soliciting money.

(§ 5, Ord. 363, eff. August 19, 1964; repealed by § 2, Ord. 09-06, eff. May 20, 2009)

5.8.27 Wearing hats in theaters.

No person shall, in any theater, wear any hat or other headgear which shall obstruct the view of any person while a performance or other entertainment is actually in progress at such theater. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.28 Injuring monuments.

No person shall destroy, injure, or remove any notice or monument erected or placed by any officer of the City. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.29 Extinguishing lights and defacing house numbers.

No person shall, without authority, extinguish during the nighttime any light maintained for the public convenience or safety or obliterate, deface, or remove any public number upon any house, door, building, or public place. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.30 Obstructing public passageways.

See Chapter 27 of Title 5. (§ 5, Ord. 363, eff. August 19, 1964; § 12, Ord. 14-02, eff. March 5, 2014)

5.8.31 Street photographers prohibited.

No person shall engage in the business of taking photographs of pedestrians upon the public streets, public sidewalks, or other public places or exhibit photographs to, or solicit orders for photographs from, pedestrians upon the public streets, public sidewalks, or other public places. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.32 False fire alarms and police reports.

No person shall make, or cause to be made, any false alarm of fire by any means.

No person shall wilfully make to the Police Department any false, misleading, or unfounded report for the purpose of interfering with the operation of the Police Department or with the intention of misleading any police officer. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.33 Interference with police officers.

No person shall wilfully resist, hinder, or interfere with the Chief of Police or any police officer in any duty imposed on him by law. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.34 Barbed wire fences prohibited: Exceptions.

No person shall use or maintain a barbed wire fence within the City, except as follows:

(a) In the industrial and commercial districts established by Chapter 3 of Title 9 of this Code, barbed wire fencing may be utilized on top of security fences. All fences using barbed wire shall be subject to review and approval by the Director of Planning and shall be consistent with the provisions of this subsection.

(b) In the R-A and P-F Districts established by Chapter 3 of Title 9 of this Code, barbed wire fencing may be utilized on top of fences when approved by the Council. At least ten (10) days prior to the hearing of the permit by the Council, a notice shall be sent to all immediately adjoining property owners as shown on the latest equalized assessment rolls. The notice shall inform the property owners of the time and location of the hearing.

(c) All barbed wire fences shall be subject to the following limitations, except as specifically modified by the Council:

(1) All barbed wire shall be located a minimum of six (6′) feet above the ground level when measured from both sides of the fence.

(2) Barbed wire may be strung in a maximum of three (3) strands.

(3) Looped or coiled barbed wire or constantine wire shall be limited to the industrial and commercial districts established by Chapter 3 of Title 9 of this Code and shall be subject to review and approval by the Director of Planning.

(4) Barbed wire may not extend over the property line. (§ 5, Ord. 363, eff. August 19, 1964, as amended by § 1, Ord. 83-8, eff. May 18, 1983)

5.8.35 Swimming in ditches and canals prohibited.

See Chapter 27 of Title 5. (§ 5, Ord. 363, eff. August 19, 1964; § 12, Ord. 14-02, eff. March 5, 2014)

5.8.36 Interference with right of assembly.

See Chapter 27 of Title 5. (§ 5, Ord. 363, eff. August 19, 1964; § 12, Ord. 14-02, eff. March 5, 2014)

5.8.37 Picketing and boycotting.

(§ 5, Ord. 363, eff. August 19, 1964; repealed by § 1, Ord. 74-22, eff. July 17, 1974)

5.8.38 Garbage on streets and sidewalks.

See Chapter 27 of Title 5. (§ 5, Ord. 363, eff. August 19, 1964; § 12, Ord. 14-02, eff. March 5, 2014)

5.8.39 Soliciting on private property: Person defined.

(§ 5, Ord. 363, eff. August 19, 1964; repealed by § 3, Ord. 09-06, eff. May 20, 2009)

5.8.40 Soliciting on private property unlawful.

(§ 5, Ord. 363, eff. August 19, 1964, as amended by § 1, Ord. 75-8, eff. April 2, 1975; repealed by § 3, Ord. 09-06, eff. May 20, 2009)

5.8.41 Soliciting on private property: Exceptions.

(§ 5, Ord. 363, eff. August 19, 1964; repealed by § 3, Ord. 09-06, eff. May 20, 2009)

5.8.42 Use of glue to induce intoxication.

No person shall inhale, breathe, or drink any compound, liquid, chemical, or substance known as glue, adhesive cement, mucilage, or dope or any other material or substance, or combination thereof, with the intent of becoming intoxicated, elated, irrational, or in any other manner changing, distorting, or disturbing the eyesight, thinking process, judgment, balance, or coordination of such person. For the purposes of this section, any such condition so induced shall be deemed to be an intoxicated condition. The provisions of this section shall not pertain to any person who inhales, breathes, or drinks such materials or substances pursuant to the direction or prescription of any doctor, physician, surgeon, dentist, or podiatrist authorized to so direct or prescribe. (§ 5, Ord. 363, eff. August 19, 1964)

5.8.43 Use of public flagpoles and staffs.

(a) It shall be unlawful for any person to raise or display any flag, banner, standard, device, emblem, or other article, except the flag of the United States or the official bear flag of the State, upon or from any flagpole or staff designed and intended for the display of the flag of the United States or the official bear flag of the State and located upon any public grounds or within any public buildings belonging to or in the possession of the United States, the State, the County, or any public district or agency.

(b) The provisions of subsection (a) of this section shall not apply to those ceremonial occasions when the flag or other colors of a friendly foreign power, the United Nations, any other state of the United States, or the official flag or colors of any military organization of the United States or the State are displayed with the authorization of the public agency owning or in possession of the flagpole or staff involved and in strict accordance with the laws or regulations of the State, the United States, or any department or agency thereof relating thereto. (§ 1, Ord. 71-7, eff. May 5, 1971)

5.8.44 Animal enclosures.

(§ 1, Ord, 73-46, eff. January 16, 1974, repealed by § 3, Ord. 00-31, eff. January 10, 2001)

5.8.45 Inspections: Health Officer.

(§ 2, Ord. 73-46, eff. January 16, 1974, repealed by § 3, Ord. 00-31, eff. January 10, 2001)

5.8.46 Unlawful fortune-telling prohibited.

(a) Unlawful fortune-telling prohibited. Except in accordance with the terms and conditions of a conditional use permit granted in accordance with Section 9.12.020, no person shall operate any business or otherwise offer to tell fortunes; to find or restore lost or stolen property; to restore lost love or friendship or affection; to unite or procure lovers, husbands, wives, lost relatives, or friends, for or without pay, by means of occult or psychic powers, faculties, or forces, clairvoyance, psychology, psychometry, spirits, mediumship, seership, prophecy, astrology, palmistry, necromancy, or other crafts, cards, talismen, charms, potions, magnetism or magnetized articles or substances, oriental mysteries or magic of any kind or nature, or numerology; or advertise by sign, circular, handbill, or any other publication to do the same.

(b) Exemptions. The provisions of this section shall not be construed to include, prohibit, or interfere with the exercise of any religious or spiritual function of any priest, minister, rector, or accredited representative of any bona fide church or religion where such priest, minister, rector, or accredited representative holds a certificate of credit, commission, or ordination under the ecclesiastical laws of a religious corporation incorporated under the laws of any state or territory of the United States of America or any voluntary religious association, and who fully conforms to the rites and practices prescribed by the supreme conference, convocation, convention, assembly, association, or synod of the system or faith with which he is affiliated; provided, however, any church or religious organization which is organized for the primary purpose of conferring certificates of commission, credit, or ordination for a price, and not primarily for the purpose of teaching and practicing a religious doctrine or belief, shall not be deemed to be a bona fide church or religious organization. (§ 1, Ord. 74-20, eff. July 17, 1974, as amended by § 1, Ord. 86-8, eff. April 16, 1986, and § 1, Ord. 86-11, eff. May 7, 1986)

5.8.47 Motor vehicle racing prohibited.

See Chapter 27 of Title 5. (§ 1, Ord. 75-29, eff. June 18, 1975, as amended by § 1, Ord. 75-47, eff. February 4, 1976, § 3, Ord. 84-27, eff. December 5, 1984; § 12, Ord. 14-02, eff. March 5, 2014)

5.8.48 Sale and display of narcotic and other paraphernalia.

(a) Minors. No owner, manager, proprietor, or other person in charge of any place of business selling, or displaying for the purpose of sale, any device, contrivance, instrument, or paraphernalia for smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code of the State, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips and cigarette papers and rollers designed for smoking the foregoing, shall allow or permit any person under the age of eighteen (18) years to be, remain in, enter, or visit such room unless such minor person is accompanied by one of his or her parents or by his or her legal guardian.

(b) Minors excluded. A person under the age of eighteen (18) years shall not be, remain in, enter, or visit any room in any place used for the sale, or displaying for sale, of devices, contrivances, instruments, or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips and cigarette papers and rollers designed and used for smoking the foregoing, unless such person is accompanied by one of his or her parents or by his or her legal guardian.

(c) Sale and display rooms. A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell, of devices, contrivances, instruments, or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips and cigarette papers and rollers designed and used for smoking the foregoing, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room shall be signposted in reasonably visible and legible words to the effect that narcotic paraphernalia are being offered for sale in such room, and minors, unless accompanied by a parent or legal guardian, are excluded.

(d) Nuisances. The distribution or possession for the purpose of sale, exhibition, or display in any place of business from which minors are not excluded as set forth in this section, and where devices, contrivances, instruments, or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs or devices to ingest or inject prescription drugs, including roach clips and cigarette papers and rollers designed and used for smoking the foregoing, is hereby declared to be a public nuisance and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State. Such remedy shall be in addition to any other remedy provided by law, including the penalty provisions applicable for violations of the terms and provisions of this Code. (§ 5.8.42, as added by § 1, Ord. 82-10, eff. June 2, 1982, as renumbered by codifier because § 5.8.42 is in use)

5.8.49 Public nuisances prohibited.

See Chapter 27 of Title 5. (§ 1, Ord. 90-22, eff. June 20, 1990; § 12, Ord. 14-02, eff. March 5, 2014)