Chapter 9.36
MISCELLANEOUS OFFENSES
Sections:
9.36.010 Buildings – Dilapidated, uninhabitable, etc.
9.36.020 Nudity prohibited – Violation a misdemeanor.
9.36.030 Drunkenness in vehicles.
9.36.040 Urination and defecation in public – Exposure of private parts for same purpose.
9.36.050 Gardens, etc., owned by City – Injuring, destroying, breaking, etc.
9.36.060 Bridges and dams – Dangerous swimming, pushing and other activities prohibited.
9.36.070 Junk dealers – Prohibited.
9.36.080 Obscene, threatening, etc., language.
9.36.090 Spitting in public places.
9.36.100 Municipal airport – Pedestrian and vehicular trespassing forbidden.
9.36.110 Tennis courts and recreation grounds – Prohibition of wheeled vehicles.
9.36.010 Buildings – Dilapidated, uninhabitable, etc.1
It is declared to be a public nuisance and it shall be unlawful for any person to keep or suffer to be kept upon any premises in the City any fallen, wrecked, dilapidated, uninhabitable or unusable building which constitutes an extraordinary fire risk or mars the buildings of the surrounding property, or which in any way jeopardizes the safety of any person or surrounding property, or which because of its unsightly and neglected condition depreciates the value of adjoining and surrounding lands in the vicinity of such premises. (Ord. 285 § 1. Code 1964 § 13-1.)
9.36.020 Nudity prohibited – Violation a misdemeanor.
It is unlawful for any person over the age of 10 years to appear in any public place, or in any place open or exposed to the public, or exposed to public view, or to the view of persons in or on adjoining private property in such a manner as to expose to view by lack of clothing or by lack of opaque covering the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or other pubic hair region of any person, or the portion of the areola of the breast of any female person other than a female person breast-feeding a child. This section does not apply to live theatrical performances performed in a theater, concert hall, or similar establishment, to the extent that such performance is lawful under or protected by provisions of federal and state constitutions; nor does it apply to persons within private residences or yard enclosures which are not normally open to the view of persons outside.
The City Council finds in adopting this section that the appearance of persons in a state of nudity in public places and in places open to the view of other persons enjoying the use of public property or the use of nearby private property is generally offensive to the senses and sensitivities of those other persons, to the extent that the exposure of the parts of the human body enumerated above interferes unduly and unreasonably with the normal use and enjoyment of public and private property and with the right of other persons to be free of such offensive conduct, even if the conduct or exposure is not otherwise lewd or not sexually motivated.
Every person who violates this section is guilty of a misdemeanor, punishable as provided in this code. (Ord. 671 § 1, 1980. Code 1964 § 13-6.)
9.36.030 Drunkenness in vehicles.2
No person shall be in any intoxicated or drunken condition in any automobile, motorcycle, bus or 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. (Ord. 329 § 9. Code 1964 § 13-7.)
9.36.040 Urination and defecation in public – Exposure of private parts for same purpose.
No person shall willfully urinate or defecate or expose his person or private parts for the purpose of urination or defecation in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region or pubic hair region of any person is exposed to public view, in any public area or sidewalk.
This section shall not apply to children under 10 years of age.
The people of the City of Healdsburg find and declare that public urination and defecation are offensive to the community and, in particular, to those who become unwilling spectators of the acts. Public urination and defecation are health hazards and contribute to the deterioration of the City’s appearance. City employees, charged with the maintenance and preservation of the streets and public areas, are unduly burdened with the task of removing, cleaning and restoring the public areas to their original condition. It is in the public interest and necessary to the public health, sanitation, safety and welfare that the public streets and sidewalks be used and enjoyed by as many people as possible free from the offensive acts and results of public urination and defecation. Violation of this section is a misdemeanor, punishable as otherwise provided in this code. (Ord. 661 § 1, 1980. Code 1964 § 13-7.)
9.36.050 Gardens, etc., owned by City – Injuring, destroying, breaking, etc.
No person except as authorized by the City Council shall enter upon, lie down or tread upon, deposit rubbish or stones upon or in any manner injure any lawn, grassplot or flower garden belonging to the City or shall break, cut, bruise or damage any tree, grass, shrub, plant or flower growing on grounds belonging to the City. (Ord. 11. Code 1964 § 13-8.)
9.36.060 Bridges and dams – Dangerous swimming, pushing and other activities prohibited.
A. “Bridge” as used herein means any structure erected over a river or watercourse and includes, but is not limited to, foot bridges, vehicular crossings, trestles, viaducts, overhead pipelines, highways and approaches to any of the above.
B. “Dam” means any temporary or permanent structure and the abutments thereto erected within a river or watercourse for the purpose of restraining the flow of such river or watercourse.
C. It is unlawful for any person to jump or dive into the water or push another person into the water from a bridge which is in excess of 10 feet from the water level or within 100 yards of a public recreational facility.
D. It is unlawful for any person to swim, float or be in the water within 20 feet of any dam and it is unlawful for any person to jump or dive from or off, or to sit, climb, walk upon or be upon or under any dam which is within 100 yards of any public recreational facility, except in areas and locations expressly approved by resolution of the City Council or by the order or directive of any other governmental authority having control of such dam or other public recreational facility, and which area has been posted as a public area exempt from the provisions of this section.
E. It is not the intent of this section to regulate or prohibit fishing in any area the subject hereof.
F. It is not the intent of this section to supersede or conflict with any lawful rule or regulation heretofore or hereafter adopted by any governmental authority owning or controlling any dam or other public recreational area and adopted and enforceable pursuant to General Law of the State. (Ord. 660 § 1, 1980. Code 1964 § 13-8.)
9.36.070 Junk dealers – Prohibited.
No person shall be permitted to engage in the business of conducting, operating or managing the business of junk dealer within the City. For the purpose of this section, the term “junk dealer” shall mean any person carrying on the business of buying or selling, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, discarded or wrecked automobiles, metals or other articles of junk. (Ord. 321 § 2; Ord. 306 § 49. Code 1964 § 13-9.)
9.36.080 Obscene, threatening, etc., language.
No person shall use any obscene or vulgar language or by loud, threatening or opprobrious language disturb the peace and quiet of the City. (Ord. 31 § 2. Code 1964 § 13-10.)
9.36.090 Spitting in public places.3
No person shall spit or expectorate upon any sidewalk or upon the floor of any bus or public conveyance of any nature or upon the floor of any public building within the City. (Ord. 39 § 1. Code 1964 § 13-21.)
9.36.100 Municipal airport – Pedestrian and vehicular trespassing forbidden.
No person shall enter upon the paved runway of the Healdsburg Municipal Airport, except when engaged in lawful business in the operation of aircraft or in assistance to operators of aircraft. No person shall drive or operate any motorcycle, motor-driven cycle, bicycle, automobile, or other wheeled vehicle upon the paved portion of the runway of the Healdsburg Municipal Airport, except aircraft properly thereon, and except when in the operation of emergency vehicles or service vehicles attending aircraft for persons lawfully operating aircraft in and near the runway. Violation of this section is a misdemeanor, punishable as provided in this code. (Ord. 618 § 1, 1977. Code 1964 § 13-26.)
9.36.110 Tennis courts and recreation grounds – Prohibition of wheeled vehicles.
No person shall use or operate wheeled vehicles upon any tennis court in any City park or recreation ground, or upon any paved surface of a City recreation ground or park, except in places designated for such operation and identified as such designated place by sign or other marking. “Wheeled vehicles” as used in this section means roller skates, skateboards, coasters, scooters, bicycles, tricycles, and any motor vehicle, motorcycle or motor-driven cycle. Violation of this section is a misdemeanor, punishable as otherwise provided in this code. (Ord. 618 § 2, 1977. Code 1964 § 13-27.)
For state law as to authority of city to provide for the destruction or removal of unsafe structures and of unsightly and partially destroyed buildings, see Government Code § 38660.
For state law as to drunk driving, see Vehicle Code § 23100 et seq. See also Penal Code § 853.6. As to motor vehicles and traffic, see HMC Title 10.
As to health and sanitation, see HMC Title 8.