Chapter 9.50
MISCELLANEOUS CRIMES
Sections:
9.50.010 Vulgar or profane language in public places.
9.50.030 Prostitution prohibited.
9.50.040 Maintenance or permitting the maintenance of a disorderly house.
9.50.050 Unlawful to make or cause to be made a false report to police.
9.50.060 Intoxication in public places.
9.50.070 Intoxication in or about vehicle in public.
9.50.080 Trespass upon private property prohibited.
9.50.090 Trespass upon private property prohibited – Abatement of civil disturbance, etc.
9.50.100 Alcohol consumption or possession of open containers on public property – Where prohibited.
9.50.110 Drinking in private parking lots prohibited.
9.50.120 Depositing human waste in public.
9.50.010 Vulgar or profane language in public places.
No person shall use vulgar, profane, or indecent language on any public street or other public place or in any public dance hall, club dance, skating rink, or place of business open to public patronage. (Ord. 8 § 1. 1990 Code § 3-6900.)
9.50.020 Indecency.
No person shall publicly expose his/her person or make indecent gestures, or use or make any profane, lewd, or indecent language or noise whereby the good order is violated or the public peace is disturbed or public decency is outraged. (Ord. 8 § 2; amended during 2012 reformat. 1990 Code § 3-6901.)
9.50.030 Prostitution prohibited.
No person shall commit the act of prostitution. (Ord. 8 § 3. 1990 Code § 3-6902.)
9.50.040 Maintenance or permitting the maintenance of a disorderly house.
No person shall keep or maintain or become an inmate of or a visitor to, nor shall any person in any manner contribute to the support of, any disorderly house or house of prostitution or ill fame; nor shall any person knowingly let or under-let or transfer the possession of any such house or lands or other places for use by any person for any of the aforesaid purposes. (Ord. 8 § 4. 1990 Code § 3-6903.)
9.50.050 Unlawful to make or cause to be made a false report to police.
No person shall make, or cause to be made, any false or fictitious call or report, knowing the same to be false or fictitious, to any police officer, California Highway patrolman, or other public officer in the performance of police duties in the city, to cause the police department of said city or any police officer, California highway patrolman or public officer performing police duties within said city to respond to any false or fictitious call or report, known by such person to be false or fictitious, or to request, or cause to be requested, any assistance or investigation in connection with, or as a result of, any false or fictitious call or report, known by the person to be false or fictitious. (Ord. 12 § 1; Ord. 98. 1990 Code § 3-6906.)
9.50.060 Intoxication in public places.
No person shall be in an intoxicated or drunken condition on any public highway, road, street, sidewalk, lane, alley, public grounds, public place, or place open to the public or open to public view. (Ord. 13 § 1. 1990 Code § 3-6907.)
9.50.070 Intoxication in or about vehicle in public.
No person shall be in an intoxicated or drunken condition in or about any automobile, motorcycle, streetcar, or any other vehicle while the same is on any public highway, road, street, sidewalk, lane, alley, public grounds, public place, or place open to the public view. (Ord. 13 § 2; Ord. 377 § 1. 1990 Code § 3-6908.)
9.50.080 Trespass upon private property prohibited.
(a) No person shall remain upon any private property or business premises, after being notified by the owner or lessee or other person in charge thereof to remove therefrom.
(b) No person, without permission, express or implied, of the owner, the owner’s agent, or lessee, the lessee’s agent, or other person in charge of private property or business premises, shall enter upon or remain upon such private property or business premises after having been notified by the owner, the owner’s agent, or lessee, the lessee’s agent, or other person in charge thereof to keep off or keep away therefrom. A person in charge thereof for purposes of giving the notice provided in this subsection may include peace officers who respond and give such notice at the contemporaneous request of the owner, the owner’s agent, or other person in charge of the private property or business premises.
(c) For purposes of subsection (b) of this section, notification may be provided by the posting of signs upon the private property or business premises.
(d) Exceptions. This section shall not apply in any of the following instances:
(1) Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry or national origin;
(2) Where its application results in or is coupled with an act prohibited by Cal. Penal Code § 365 or any other provision of law relating to duties of innkeepers and common carriers;
(3) Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful activities;
(4) Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions, not involving offensive personal conduct; or
(5) Where the person who is upon another’s private property or business premises is there under claim or color of legal right. This exception is applicable (but not limited) to the following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies: marital and post-marital disputes; child custody or visitation disputes; disputes regarding title to or rights in real property; landlord-tenant disputes; disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute; employer-employee disputes; business-type disputes such as those between partners; debtor-creditor disputes; and instances wherein the person claims rights to be present pursuant to order, decree or process of a court. (Ord. 601 § 1; Ord. 1881 § 1, 8-1-89; Ord. 28-2004 § 1, 9-14-04. 1990 Code § 3-6911.)
9.50.090 Trespass upon private property prohibited – Abatement of civil disturbance, etc.
(a) In addition to the provisions of Section 9.50.080, a peace officer shall also be deemed a person in charge of any private property or business premises, for purposes of giving the notification as stated in Section 9.50.080, whenever confronted with a calamity, riot, civil disturbance, or unlawful assembly as described in Cal. Penal Code § 409.5 or 726. After the police have set up an emergency field command post activated for the purpose of abating such calamity, riot, or other civil disturbance pursuant to Cal. Penal Code § 409.5 or unlawful assembly pursuant to Cal. Penal Code § 726, no unauthorized person shall willfully and knowingly enter or willfully remain on any private property or business premises after having been notified by a peace officer to keep off or keep away therefrom.
(b) Nothing in this section shall prevent duly authorized representatives of any news service, newspaper or radio or television station or network from entering the areas closed pursuant to this section. (Ord. 1881 § 2, 8-1-89. 1990 Code § 3-6911.5.)
9.50.100 Alcohol consumption or possession of open containers on public property – Where prohibited.
(a) It is unlawful for any person to consume any alcoholic beverage or possess any can, bottle or other receptacle containing any alcoholic beverage which has been opened or a seal broken or the contents of which have been partially removed in the following locations without a valid permit issued by the city manager or designee:
(1) In any city park, recreation area, open space area, or plaza. This subsection does not apply within the limits of those parks where alcohol consumption is allowed by administrative regulation established in accordance with this section.
(2) On any public sidewalk, street, highway, or parking lot within 500 feet of the exterior boundary of city park, recreation area, open space area, or plaza.
(3) On any public sidewalk, street, highway, or parking lot within 500 feet of property used for commercial or business purposes other than a lawful home occupation.
(b) The city manager may by administrative regulation allow the consumption or possession of alcohol in a city park with a permanent restroom; provided, that allowing alcohol use in the park will not interfere with the public use, enjoyment, health or safety.
(c) Possession of alcohol in violation of this section is an infraction under Cal. Bus. & Prof. Code § 25620.
(d) Consumption of alcohol in violation of this section is a misdemeanor that may be charged as set forth in Section 1.15.010(b).
(e) No person shall remain in any place described in subsection (a)(1) through (3) of this section for the purpose of consuming an alcoholic beverage when the consumption of alcohol by that person would violate subsection (a) of this section. Violation of this subsection is a misdemeanor that may be charged as set forth in Section 1.15.010(b).
(f) This section shall not be deemed to make punishable any act or acts which are prohibited by any of the laws of the state of California. (Ord. 1460 § 1, 9-8-81; Ord. 2348 § 3, 7-27-99; Ord. 2519 § 2, 10-28-03; Ord. 2530 § 2, 2-3-04. 1990 Code § 3-6912.)
9.50.110 Drinking in private parking lots prohibited.
(a) No person shall drink any beer, wine or other intoxicating beverage upon that portion of private property open to the public and within 500 feet of any public street, sidewalk, alley or highway and used or intended to be used for the parking or storage of motor vehicles by customers or employees of any commercial or industrial use without the express permission of the owner, his/her agent, or person in lawful possession thereof.
(b) No person shall remain in any place described in subsection (a) of this section for the purpose of consuming an alcoholic beverage when the consumption of alcohol by that person would violate subsection (a) of this section.
(c) This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the state of California. (Ord. 1460 § 1, 9-8-81; Ord. 2530 § 3, 2-3-04; amended during 2012 reformat. 1990 Code § 3-6913.)
9.50.120 Depositing human waste in public.
(a) It is unlawful for any person to deposit human urine or feces on any publicly owned or maintained property, or on any private property open to the public or exposed to public view.
(b) This section shall not apply to the following.
(1) Urinating or defecating in any restroom or other lawfully maintained facility designed for the sanitary disposal of human waste.
(2) Any person who violates this section due to a verified medical condition.
(c) Violation of this section is a misdemeanor that may be charged as set forth in Section 1.15.010(b). (Ord. 2530 § 4, 2-3-04. 1990 Code § 3-6914.)