Chapter 9.12
PUBLIC NUISANCES AFFECTING PUBLIC PEACE AND SAFETY
Sections:
9.12.020 Use of law enforcement agency uniform, vehicle, identification or insignia.
9.12.030 Acts menacing public peace and safety.
9.12.040 Interference with police dogs.
9.12.010 Generally.
The acts enumerated in this chapter are public nuisances affecting public peace and safety in addition to any other provisions of this code. (Ord. C-2020-05 §2(Exh. B)(part), 2020: Ord. C-2019-02 §2(part), 2019: Ord. 8-80 §1, 1980: Ord. 13-75 §1(part), 1975).
9.12.020 Use of law enforcement agency uniform, vehicle, identification or insignia.
The wearing, displaying or using of any title, identification card, vehicle, uniform, cap, badge or insignia by any person not in an official capacity which causes a reasonable individual to believe that such person is a member of the San Mateo County sheriff’s office, California Highway Patrol or other law enforcement agency having jurisdiction within the city is a public nuisance affecting public peace and safety. (Ord. C-2020-05 §2(Exh. B)(part), 2020: Ord. C-2019-02 §2(part), 2019: Ord. 13-75 §1(part), 1975).
9.12.030 Acts menacing public peace and safety.
All other acts, occupations and uses of property, not specifically mentioned in this chapter, which are in fact a menace to the public peace and safety are public nuisances affecting public peace and safety. (Ord. C-2020-05 §2(Exh. B)(part), 2020: Ord. C-2019-02 §2(part), 2019: Ord. 13-75 §1(part), 1975).
9.12.040 Interference with police dogs.
No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the police department or county sheriff in the performance of the functions or duties of such department, or interfere with or meddle with any such dog while being used by said department or any member thereof in the performance of any of the functions or duties of said department or of such officer or member. (Ord. C-2020-05 §2(Exh. B)(part), 2020: Ord. C-2019-02 §2(part), 2019: Ord. 3-81, 1981. Formerly 9.12.035).
9.12.050 Consumption of alcoholic beverages on public rights-of-way or public or private property open to public view.
No person shall consume an alcoholic beverage, or have in their possession or on their person any bottle, can or other receptacle containing an alcoholic beverage which has been opened, or a seal broken or the contents of which have been partially removed while such person is standing, sitting or otherwise occupying any public right-of-way, including any public street, sidewalk, pedestrian mall, alleyway or thoroughfare; nor shall any person consume any alcoholic beverage in any private or public parking lot within the city where such parking lot has immediate access to a public street; nor shall any person consume any alcoholic beverage within fifteen feet of any public rights-of-way while on a private stairway, doorway, or other private property open to public view without the express or implied permission of the owner, owner’s agent, or the person in lawful possession thereof; provided, however, that the provisions of this section shall not apply to the interior portion of any private dwelling, habitat or building, or to the consumption by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content. This section shall not be applicable to those areas and during such time as the city council has granted permission for temporary use or occupancy of public streets and appurtenant areas pursuant to the city ordinances of Half Moon Bay including while viewing a parade for which a permit has been granted. These provisions apply to any cup, glass, cooler cup and other container which an alcoholic beverage is poured into and consumed. (Ord. C-2020-05 §2(Exh. B)(part), 2020: Ord. C-2019-02 §2(part), 2019: Ord. 5-96 §2(part), 1996. Formerly 9.12.040).
9.12.060 Violation--Penalty.
Any person violating the provisions of this chapter shall be guilty of an infraction, and if convicted shall be punished by (A) a fine not exceeding the amount identified in the city council approved citywide fee schedule, (B) any person violating these sections a second or more times shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Title 4. (Ord. C-2020-05 §2(Exh. B)(part), 2020: Ord. C-2019-02 §2(part), 2019: Ord. 5-96 §2(part), 1996).