Chapter 9.05 IN GENERAL

(b) “Loud and unreasonable noise” means any noise which is loud, boisterous, irritating, penetrating or unusual, or that is unreasonably distracting in any other manner, such that it is likely to disturb people of ordinary sensitivity in the vicinity of such noise, and includes, but is not limited to, noise made by an individual alone (or by a group of people) and/or by instruments or devices under their control.

(d) “Party, gathering or event” means a group of three or more persons who have assembled or are assembling for a social occasion or a social activity. A “loud party, gathering or event” shall mean an incident that results in any loud or unusual noise which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the neighborhood. An “unruly party, gathering or event” is any incident that threatens the public health, safety or welfare and is unlawful under the provisions of this Code or the laws of the State of California.

(e) “Person responsible for the event” means and includes but is not limited to:

(1) The person who owns, rents, leases or otherwise has control of the premises where the party, gathering or event takes place irrespective of whether such person knew of the event or knew or intended that alcoholic beverages would be possessed or consumed by minors; provided, however, that the term “person” shall not include the owner of the premises where the owner leases or rents the premises to a third party and has no actual knowledge that the party, gathering or event in question would take place on the premises, unless the owner or owner’s representative has received written notice pursuant to SCCC 9.05.025;

(2) The person in charge of the premises;

(3) The person who organized the event and/or the host of the event;

(4) If the person responsible for the event is a juvenile, then the parents or guardians of that juvenile and the juvenile shall be considered “persons” and as such shall be jointly and severally liable for the costs incurred for police or fire services imposed pursuant to this chapter, irrespective of whether the parent(s) knew of the event or knew or intended that alcoholic beverages would be possessed or consumed by minors.

(f) “Police service costs” and “fire service costs” means and includes the salaries and benefits of the police officers and firefighters for the amount of time spent in responding to, or in remaining at, the party, gathering or event and the administrative costs attributable to the incident; the actual costs of any medical treatment to injured officers; the cost of repairing any damaged City equipment or property; and the costs arising from the use of any City equipment in responding to or remaining at a party, gathering or event.

(g) “Special response fee” means the sum total of all costs incurred by the City in connection with each response, including, but not limited to, the costs incurred by the City for employee time, applicable administrative overhead costs, costs incurred to repair any damage caused to City property, and costs incurred relating to any injuries to City personnel. When applied to public nuisance abatement, at the discretion of the City, it may be imposed as a predefined fee amount.

(h) “Stadium” means that certain unenclosed, multipurpose sports and entertainment structure located in the city at 4900 Marie P. DeBartolo Way, the peripheral boundaries of which are the gates for access and egress and the walls surrounding the outer perimeter of the building.

(i) “Authorized representative” means the responsible officer(s) or the person(s) or entity(ies) designated by the Santa Clara Stadium Authority.

(j) “Tailgating” means the use of any item (including tables, chairs, freestanding canopies or umbrellas, awnings attached to recreational vehicles, coolers, barbeques, grills, games, generators, televisions, sound systems, food or drink, food or drink preparation or serving equipment, or other items as identified by the City Manager or designee) for the purpose of an outdoor gathering by one or more people prior to, during or after a scheduled stadium event. (Ord. 1822 § 4, 9-11-07; Ord. 1922 § 2, 4-8-14).

9.05.010 Disturbing the peace.

It shall be unlawful for any person on any street or in any public place within the city to do any of the following:

(a) To urinate or defecate, except at a lavatory facility.

(b) To willfully and maliciously disturb any lawful assemblage or procession of persons by noise, profanity or rude, obnoxious or indecent conduct.

(c) To, between the hours of 10:00 P.M. and 7:00 A.M., make, cause, suffer or permit to be made any loud and unreasonable noise (1) which is made within two hundred fifty (250) feet of any building or place regularly used for sleeping purposes, or (2) which disturbs, or would tend to disturb, any person within hearing distance of such noise. This subsection (c) applies to activities on private property as well as on public property.

(d) Enforcement. Pursuant to SCCC 9.45.010 (which incorporates SCCC 1.05.070), the City, in its prosecutorial discretion, may enforce violation(s) of the provisions of this chapter as a criminal, civil, and/or administrative action.

(1) However, the penalty amounts for infractions provided in SCCC 1.05.070 are expressly superseded by the following provision for greater infraction fines. Any violation of this section deemed an infraction is punishable by:

(A) A fine not exceeding one hundred fifty dollars ($150.00) for the first violation;

(B) A fine not exceeding three hundred dollars ($300.00) for a second violation within a one-year period;

(D) A fine not exceeding nine hundred dollars ($900.00) for a fourth violation within a one-year period.

(e) As part of any civil or criminal prosecution, or administrative action, under this chapter, community service may be imposed as a penalty in an amount and form acceptable to the City. (Ord. 1764 § 3, 3-12-02; Ord. 1822 §§ 2, 3, 5, 9-11-07; Ord. 1849 § 1, 11-24-09. Formerly 9.05.060).

Stat. Ref.: Fighting, noise, offensive words, Pen. C. § 415.

9.05.020 Special response fee.

(a) When three or more persons gather together at a premises or place in the City and a police officer at the scene determines that one or more persons are engaged in activities that are causing a threat to the peace, health, safety, or general welfare of any member of the public, or that such activities in any way constitute an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property of any other person, the police shall give written notice to one or more of the persons who are engaged in, or who are in control of, such activities that the activities must immediately cease, and that if a subsequent police response arising out of the same or similar activities is required within seventy-two (72) hours following such notice, a special response fee will be charged to each person identified in subsection (b) of this section. The special seventy-two (72) hour response fee is defined as the cost incurred by the City in connection with such response or five hundred dollars ($500.00), whichever is greater, and the cost calculation shall be determined as set forth in subsection (c) of this section. In those instances where multiple responses are made to the same location, but the subsequent response(s) to the same location are not made within seventy-two (72) hours, the fee progression for multiple incidents within a year of one another as provided in subsection (f) of this section will apply. In instances where the number of incidents within a year results in a fee greater than the seventy-two (72) hour response, the greater amount shall apply.

(b) Each person responsible for, or engaged in, activities requiring a response as defined in subsection (a) of this section will be held jointly and severally liable for payment of the special response fee. A responsible person includes a person residing at or otherwise in control of the property, as well as the person(s) who organized or sponsored the gathering. If any person responsible for, or engaged in, said activities is a minor, the minor’s parents or guardians shall also be liable for such fee.

(c) The special response fee shall be calculated as the sum total of all costs incurred by the City in connection with each response as defined in subsection (a) of this section, including, but not limited to, the costs incurred by the City for employee time, applicable administrative overhead costs, costs incurred to repair any damage caused to City property, and costs incurred relating to any injuries to City personnel. Such fee will not be in excess of one thousand dollars ($1,000.00) for each single response.

(d) If a person assessed a special response fee fails to pay the fee when due, a delinquency penalty of ten percent shall be added to the fee on the last day of each month after the due date thereof; provided, however, the total amount of such penalties shall not exceed fifty percent (50%) of the fee. In addition, such person shall be assessed interest on the amount of the delinquent fee, exclusive of any penalties thereon, at the rate of one percent per month, or any fraction thereof, from the date the fee first became delinquent until the date the fee is paid.

(e) This section shall only apply to activities described in subsection (a) of this section, or for which a citation may be issued for a violation of a City ordinance or State statute.

(f) Enforcement. Pursuant to SCCC 1.05.070, the City, in its prosecutorial discretion, may enforce violation(s) of the provisions of this chapter as a criminal, civil or administrative action.

(1) The penalty amounts for infractions provided in SCCC 1.05.070 are expressly superseded by the following provision for greater infraction fines. Any violation of this section deemed an infraction is punishable by:

(A) A fine not exceeding five hundred dollars ($500.00) for a second response occurring within seventy-two (72) hours after a written warning has been issued;

(B) A fine not exceeding two hundred fifty dollars ($250.00) for a second response occurring after seventy-two (72) hours has elapsed from the written warning, but within thirty (30) calendar days from the warning;

(C) A fine not exceeding one hundred fifty dollars ($150.00) for a second response occurring within a one-year period, but more than thirty (30) calendar days from the warning;

(D) A fine not exceeding three hundred dollars ($300.00) for the third response within a one-year period from the warning;

(E) A fine not exceeding six hundred dollars ($600.00) for the fourth response within a one-year period from the warning;

(F) A fine not exceeding nine hundred dollars ($900.00) for the fifth response within a one-year period from the warning. If a fifth response is required, the location shall be posted as a public nuisance;

(G) A fine of one thousand dollars ($1,000.00) for any response in excess of a fifth response within one year from the warning.

(2) The administrative citation provisions of Chapter 1.10 SCCC, Administrative Penalties –Citations, may also be utilized, and the infraction penalty progression provided in subsection (f)(1) of this section shall apply. (Ord. 1764 § 5, 3-12-02; Ord. 1822 § 6, 9-11-07; Ord. 1849 § 2, 11-24-09. Formerly 9.05.070).

9.05.025 Public nuisance – Posting of premises – Notice to owner.

(a) It is unlawful and a public nuisance to conduct a party, gathering or event on any private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a segment of a neighborhood, as a result of conduct constituting a violation of law. Examples of such unlawful conduct include generation of excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, serving alcohol to minors, fighting, disturbing the peace, vandalism and littering.

(b) A party, gathering, or event which constitutes a public nuisance may be abated by the City by all reasonable means, including but not limited to an order requiring disbandment, and citation and/or arrest of any person under applicable local laws and state statutes. If a party, gathering or event is of such a magnitude that it requires immediate abatement, the fee shall be an additional five hundred dollars ($500.00), in addition to any other fee imposed under this chapter or other law.

(c) When the City intervenes at a gathering which constitutes a nuisance under this chapter, the premises at which such nuisance occurred shall be posted with a notice substantially in the form set forth in Exhibit “A” stating that the intervention of the City has been necessitated as a result of a public nuisance under this chapter caused by an event at the premises, the date of the intervention, and that any subsequent event at the same premises, which necessitates City intervention, shall result in a fee of one thousand dollars ($1,000.00), in addition to any other fee imposed by this chapter or other law, and in the joint and several liability of any guests causing the public nuisance, or any persons who own or are residents of the property at which the public nuisance occurred, or who sponsored the event constituting the public nuisance. The residents of such property shall be responsible for ensuring that such notice is not removed or defaced for three months from the time of posting and shall be liable for a civil penalty of one hundred dollars ($100.00), in addition to any other fee imposed by this chapter or other law, if such notice is removed or defaced; provided, however, that the residents of the house or sponsor of the event, if present, shall be consulted as to the location in which such notice is posted in order to achieve both the security of the notice and its prominent display.

(d) Notice of the event shall also be mailed to any property owner at the address shown on the City’s property tax assessment records and shall advise the property owner that any subsequent event within a one-year period on the same premises necessitating City intervention shall result in liability of the property owner for all penalties associated with such intervention.

EXHIBIT A

(Section 9.05.025)

IMPORTANT NOTICE REGARDING PUBLIC NUISANCE

PURSUANT TO SANTA CLARA CITY CODE CHAPTER 9.05, THE NEXT DISTURBANCE AT THE PREMISES WILL RESULT IN MONETARY PENALTIES IMPOSED UPON ALL PARTICIPANTS AND SPONSORS OF THE EVENT, AND ALL PROPERTY OWNERS OF THE PREMISES.

NOTICE IS HEREBY GIVEN THAT on _______________________________, at _________________ a.m./p.m., the Santa Clara Police Department found that a public nuisance caused by a disturbance of the public peace and/or threat to public safety occurred at the premises located at ________________________________. If there is a subsequent event on these premises that constitutes such a public nuisance and necessitates the intervention of the Police Department or Fire Department on or before ____________, every participant in and sponsor of such event shall be jointly and severally liable for the monetary penalties connected with this response. If there is a subsequent event on these premises that constitutes such a public nuisance and necessitates the intervention of the Police Department or Fire Department within one (1) year from the date of this notice, the occupants and owner of the premises shall be jointly and severally liable for the costs connected with any subsequent response.

(Signature of Officer issuing notice)

_________________________________

(Name of Officer)

_________________ ______________

(Title of Officer) (Phone Number)

______________; ______________

Date Issued Case Number

(Ord. 1822 § 7, 9-11-07).

9.05.027 Landlord liability.

If the City is required to respond to parties, gatherings or events on the same premises more than once in any one-year period, the person(s) who own the property where the party, gathering or event took place shall be jointly and severally liable for fees and monetary penalties as set forth in this chapter, in addition to liability for any injuries to City personnel or damage to City property; provided, that notice has been mailed to the owner of the property as set forth in SCCC 9.05.025, and the gathering occurs at least one week after the mailing of such notice. For purposes of this section, where a gathering takes place within the confines of a single unit in a multiple-unit building, the owner of the property shall be deemed to be the owner of the single unit and not the owner of the other noninvolved units. (Ord. 1822 § 8, 9-11-07).

9.05.030 Evasion of an admission fee.

Every person who shall enter, or attempt to enter, premises for which an admission fee is charged (such as an amusement park, theatre, sporting event, dance, etc.) without paying the admission fee, or without the authorization of the person in charge of the premises, shall be deemed guilty of an infraction, punishable by a fine of not more than one thousand dollars ($1,000.00). (Ord. 1344 § 1, 1-25-77; Ord. 1531 § 9, 9-17-85. Formerly § 18-8).

9.05.040 Intoxicating liquors – Drinking in public prohibited except as authorized.

(a) It shall be unlawful for any person to drink any intoxicating liquor when upon any public right-of-way (which includes the street, park strip, sidewalk and public property up to the private property line) lane, alley, public park or other public property, except as may be authorized by the City Council.

(b) It shall be unlawful for any person to drink any intoxicating liquor while upon any private parking lot open to the public.

(c) Any person possessing any open container of alcohol in any City-owned park or City-owned public place shall be guilty of an infraction. This shall not apply where the possession is within premises located in a park or other public place for which a license has been issued by the California Department of Alcoholic Beverage Control.

(d) This section is intended to have no application to situations which would invoke application of appropriate State laws. These State laws would include, but not be limited to, restrictions on the drinking, possession or storage of an open receptacle containing an intoxicating liquor while a person is in a motor vehicle upon a highway (California Vehicle Code Sections 23221, 23222 and 23223), or restrictions on the possession of an intoxicating liquor by a person under the age of twenty-one (21) on a public street or highway or in any public place or in any place open to the public (California Business and Professions Code Section 25662).

(e) This section shall not be construed to prohibit the transportation of any intoxicating liquor from one location to another in a manner permitted under State law. (Ord. 1726 § 2, 12-1-98; Ord. 1896 § 1, 6-12-12. Formerly § 18-9).

9.05.050 Violation of certain rules and regulations of the governing body of a school district or of the Parks and Recreation Department.

(a) It shall be unlawful for any person to violate, knowingly and intentionally, any rule or regulation made by the governing board of a school district under the authority of the California Education Code including Section 38133 thereof, with regard to priority rights granted to a scheduled individual or to a scheduled group of individuals to utilize school district open space or recreational lands or facilities.

(b) It shall be unlawful for any person to violate, knowingly and intentionally, any rule or regulation of the Parks and Recreation Department of the City as such are from time to time approved by the City Council with regard to priority rights granted to a scheduled individual or to a scheduled group of individuals to utilize open space or recreational lands or facilities over which the Parks and Recreation Department of the City is operating and maintaining a program of recreational or athletic activities including but not limited to scheduling and supervision of open space or recreational lands or facilities on school district lands within the geographical city limits of the city. (Ord. 1508 § 1, 10-2-84; Ord. 1531 § 11, 9-17-85. Formerly § 18-10).

9.05.060 Amplified sound.

(a) Definitions.

(1) “Enforcement officer” means that City officer or employee who may be designated from time to time in writing by the City Manager to enforce this section and/or SCCC 9.05.120, as authorized by Penal Code Section 836.5, or any peace officer.

(2) “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, municipal corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

(3) “Sound system” includes, but is not limited to, sound amplifier, microphone, speaker, amplified or electrified instrument, connective cable or wire, and power source connections.

(4) “Operate” means to operate, maintain, use, connect, and/or permit to be operated, maintained, used, or connected.

(b) Permit Required.

(1) Outdoor Amplification of Music. Except in accordance with the terms and conditions of a valid permit issued pursuant to this section, it shall be unlawful for any person to operate any sound system outdoors or to cause amplified music, including music from a live performance, to be projected outdoors in the City for a period of more than five minutes in any one day for any purpose.

(2) Outdoor Amplification of Sound Other than Music. Except in accordance with the terms and conditions of a valid permit issued pursuant to this section, it shall be unlawful for any person to operate any sound system outdoors, to cause amplified sound to be projected outside of any building, or to cause amplified sound to be projected from any vehicle in the City for a period of more than five minutes in any one day for any purpose.

(1) The application shall be signed by the person applying for the permit and by a person with control of the premises (if that person is different from the person applying for the permit). Each person signing the application must be over the age of eighteen (18).

(2) The application shall be accompanied by the nonrefundable application fee, set forth in the City’s fee schedule, established by City Council resolution. No fee is required for applications for City-sponsored events conducted on City-owned property.

(d) Consideration of Permit Application. Except as provided in this subsection, all applications shall be referred to the City Council for consideration. The City Manager, or designee, may issue a permit for the activities identified in subsection (b) of this section in the following circumstances:

(1) The amplification location is the City’s Central Park or the Santa Clara University campus; or

(2) The amplification location is a private residence that has had no police-verified disturbances during the prior year (as measured from July 1st to June 30th of the following year). The permit issued shall limit the amplification of sound to the hours between 9:00 A.M. and 10:00 P.M.; or

(3) The amplification location is City-owned property and the application is for a City-sponsored event.

(e) Federal Communications Commission Pre-emption. The provisions of this section shall not apply to any person having a fixed place of business in the City and paying a license fee for such business and whose amplification or broadcasting of sound in connection with any radio receiving set receiving regularly broadcasting stations is exclusively controlled by the Federal Communications Commission. (Ord. 455; Ord. 1639 § 3, 7-21-92; Ord. 1668 § 1, 1-10-95. Formerly § 18-11).

9.05.070 Enforcement and penalties for violation – Authority of enforcement officer.

Enforcement of SCCC 9.05.060 and/or this section may be accomplished by the enforcement officer in any manner authorized by this Code or by any other law, including, but not limited to, issuance of criminal citations, civil actions, and abatement. The enforcement officer may require amplified sound to cease regardless of whether or not a permit has been issued under this section. (Ord. 455; Ord. 1639 § 3, 7-21-92; Ord. 1668 § 1, 1-10-95 Formerly § 18-11.1).

9.05.080 Minors – Possession of certain weapons without parental consent prohibited.

It shall be unlawful for any minor under the age of sixteen (16) years to have in his/her possession any pistol, or other weapon capable of receiving any charge, cartridge or explosive unless by the written consent of his/her parent or guardian. (Ord. 217. Formerly § 18-14).

9.05.090 Sale of weapons to minors without request of parents, etc., prohibited.

It shall be unlawful within the city for any person to sell, dispose of or give to any minor under the age of eighteen (18) years any pistol, air gun or other weapon capable of receiving and discharging any charge, cartridge or explosive without the written request of his/her parent or guardian. (Ord. 217. Formerly § 18-26).

9.05.100 Minors – Reports required by owners, etc., of certain businesses.

Each owner, agent, manager or keeper of a hotel, boarding house, lodginghouse, rooming house, tenement house, motor court, motel, bungalow court or apartment house in the City shall immediately report to the office of the Chief of Police of the City the presence therein, between the hours of 10:30 P.M. and the time of sunrise immediately following, of any and all minors under the age of eighteen (18) years, unless such minor is accompanied by his/her parent, guardian or other adult person having the care, custody or control of such minor. Such report shall contain the name, age, last known residence addresses of the parents, guardians or other persons having the care, custody or control of such minor, so far as such information can be ascertained by the person required herein to make such report. (Ord. 659. Formerly § 18-17).

9.05.110 Certain social gatherings unlawful.

(a) No person under the age of twenty-one (21) years shall consume or have in his/her possession or control any alcoholic beverage at any place not open to the public, unless that person is under the supervision of his/her parent or legal guardian.

(b) Except as permitted by Article I, Section 4 of the California Constitution, and the California Alcoholic Beverage Control Act, no person shall suffer, permit, allow or host a party, gathering or event at his/her place of residence or other private property, place or premises under his/her control where persons under the age of twenty-one (21) are present and alcoholic beverages are in the possession of, or are being consumed by, any person under the age of twenty-one (21) years. (Ord. 1762 § 3, 8-21-01; Ord. 1822 § 9, 9-11-07. Formerly 9.05.220).

9.05.120 Weapons – Discharging of firearms restricted.

It shall be unlawful for any person to discharge, fire, or project (or cause to be projected, fired, or discharged), within the corporate limits of the City, a projectile weapon. For purposes of this section, projectile weapons shall be referred to as “firearms.” Firearms shall include, but not be limited to, any gun, rifle, pistol, firearm, cannon (or explosive device of similar nature), air rifle, air pistol, air gun, BB gun, gas operated gun, pellet gun, flare gun, dart gun, paint gun, bow, crossbow, slungshot, slingshot, wrist rocket, or any instrument of any kind, character, or description which expels, launches, or propels a projectile of any kind with sufficient force to cause damage to property, or injury or death to a person or persons.

The foregoing provisions as to the use of firearms shall not apply to: (a) peace officers or soldiers in the discharge of their official duties and while in the exercise of reasonable care; (b) a person using firearms in necessary self defense; (c) a person, as defined by SCCC 1.05.020, conducting a fixed place of business in the City and which has obtained City approval for the particular land use and which has obtained all other City Code, regulation, and policy approvals; (d) schools conducting supervised classes, such as archery classes; (e) such other activities which first secure permission from the City Council to conduct the activity. (Ord. 217; Ord. 1224 § 1, 1-27-70; Ord. 1651 § 1, 11-16-93. Formerly § 18-22).

9.05.130 Unsafe or disruptive conduct.

(a) It shall be unlawful for any person attending a place of amusement open to the public, such as an amusement park, theater, sporting event, dance or other place of entertainment or any City park, to do any of the following actions without lawful authority:

(1) Line jumping – stepping, jumping or pushing into lines ahead of others who are waiting.

(2) Running, using roller skates or roller blades, or riding on any coaster, scooter, skateboard, or bicycle with willful and reckless disregard for the safety of others, including but not limited to:

(A) Running, using roller skates or roller blades, or riding on any coaster, scooter, skateboard, or bicycle unsafely through substantially congested pedestrian areas;

(B) Running, using roller skates or roller blades, or riding on any coaster, scooter, skateboard, or bicycle into another person;

(C) Running, using roller skates or roller blades, or riding on any coaster, scooter, skateboard, or bicycle which causes another to abruptly move out of the way to avoid collision.

(3) Throwing or dropping of objects – willful and reckless throwing or dropping of any object which may injure another person or damage the personal property of another person.

(b) Such conduct or actions shall be deemed unsafe or disruptive and be considered a threat to public health and safety and is prohibited. (Ord. 1545 § 1, 6-24-86; Ord. 1919 § 1, 2-11-14. Formerly § 18-23).

9.05.140 Cost recovery for acts of vandalism.

(a) Pursuant to the California Penal Code Section 594(c)(2), as amended from time to time, the City of Santa Clara hereby declares that anyone convicted of vandalism may be ordered by the court to pay law enforcement costs associated with their identification and apprehension in an amount not to exceed two hundred and fifty dollars ($250.00); and

(b) The City will provide evidence of, and bear the burden of, establishing the reasonable costs incurred during the identification and apprehension of the defendant; and

(c) The City’s costs are in addition to any other costs incurred or recovered by the City, and payment of these costs does not in any way limit, preclude, or restrict any other right, remedy, or action otherwise available to the City; and

(d) If a minor-defendant is personally unable to pay a fine levied for acts of vandalism, the parent of that minor-defendant shall be liable for payment of the fine. However, a court may waive payment of the fine, or any part thereof, by the parent upon a finding of good cause. (Ord. 1731 § 2, 4-27-99).

9.05.145 Recovery of costs, fees, expenses, and penalties – Personal debt – Liens.

(a) Any and all costs, fees, expenses, and/or penalties assessed by the City under this chapter shall constitute a personal debt of the violator owed to the City. The City shall be entitled to recover any such debt through any legal and/or equitable action, and shall be entitled to recover reasonable attorneys’ fees incurred in connection with such recovery. If the violator is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the debt.

(b) When any violation of this chapter has occurred on real property owned in whole or in part by the violator, any and all costs, fees, expenses and/or penalties assessed by the City, and which remain unpaid after demand by the City, shall become a lien on the property on which the violation has occurred. Such police or fire service costs, expenses and penalties shall be collected in the same manner as City taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.

(c) The City Attorney shall have the authority to take any action in law or equity to recover such costs, fees, expenses and/or penalties. In any such action or proceeding, the City shall be entitled to recover its attorneys’ fees. (Ord. 1822 § 10, 9-11-07).

9.05.150 Drug-free zones.

(a) The City Council of the City of Santa Clara designates every public park and library within the jurisdiction of the City as a drug-free zone.

(b) The City of Santa Clara will post notice of this law at every public park and library within the city. (Ord. 1734 § 2, 5-18-99).

9.05.160 Activities and conduct prohibited in stadium sporting or entertainment events.

The following activities are prohibited within the stadium:

(a) No person shall intentionally throw, discharge, launch or spill any solid object (including footballs, baseballs, beach balls, Frisbees or other such items) or liquid substance or otherwise cause such object or substance to be thrown, discharged, launched, spilled or to become airborne.

(b) No person, including off-duty peace officers, shall bring into or possess within the stadium any firearm or dangerous weapon, including but not necessarily limited to knives, impact weapons, chemical agents, or electronic control devices (Tasers, stun guns) unless expressly authorized by the Santa Clara Chief of Police.

(c) No person shall explode, set off, discharge or otherwise release or cause to be released any smoke bomb, fireworks, stink bomb or other substance which is physically harmful or otherwise irritating, offensive, repugnant or disgusting to the eyes or sense of smell.

(d) No person shall enter any area of the stadium not open to the general public, including the field area, or any other area set apart for the participants, athletes, performers, officials, attendants or service personnel at any time before, during or after a stadium event, except with credentials or other valid passes expressly allowing such entry and issued by the authorized representative.

(e) No person shall bring into or possess within the stadium any can, bottle, thermos, vacuum bottle, canteen, flask or other similar container containing alcohol unless expressly authorized by the authorized representative.

(f) No person shall gain or attempt to gain admittance to the stadium except through an access gate open for public access and by presenting a valid event ticket, valid credentials, or otherwise paying the posted charge required for admission, or enter or attempt to enter the stadium during non-event days or hours, unless expressly authorized by the authorized representative. Any person who violates this section or evades the posted admission charge shall be a trespasser and may be ejected and/or cited for trespassing.

(g) No person shall behave in so disruptive, unsafe, noisy, boisterous or profane manner as to disturb spectators or participants at any stadium event so that assigned personnel must address the person to cease or prevent a recurrence of the disruptive, unsafe, noisy, boisterous or profane behavior.

(h) No person shall urinate or defecate except in a designated lavatory facility.

(i) No person shall violate any local ordinance or State law.

(j) No person shall refuse to obey an ejection order made pursuant to enforcement of this section, or shall re-enter the stadium during the event that person was ejected from by purchase of another ticket or by any other means.

(k) No person shall bring into or possess within the stadium any noise-making device including but not necessarily limited to air horns, powered megaphones, bugles, drums or other musical instruments unless expressly authorized by the authorized representative.

(l) No person shall lead, conduct or otherwise bring or allow to remain in the stadium any animal, bird, fish or reptile, except service dogs certified by the State of California and which are in actual use.

(m) No person shall refuse to obey the lawful order of law enforcement officers or stadium security personnel.

(n) Subsections (a) through (m) of this section shall not apply to any duly authorized employee, agent or officer of the authorized representative while acting in the course and scope of his or her employment, nor shall it apply to any duly authorized event participant, performer, athlete, official, security or service personnel specifically authorized to perform such an act by the authorized representative while acting in the scope of his or her employment or participation.

(o) Smoking is prohibited except in areas designated by the authorized representative.

(p) During events with ticketed assigned seating, no person is to occupy a seat and/or designated area for which he or she does not possess a valid ticket.

(q) No person shall remain standing in or block any aisle or passageway beyond the time reasonably necessary to transit the aisle or passageway. Aisle or passageway shall mean those areas immediately adjacent to the seating areas that are intended as walkways leading to or from seats or exits. Aisle or passageway shall also mean the concourse areas when large crowds have gathered in sufficient numbers so as to block such aisle or passageway. (Ord. 1922 § 3, 4-8-14; Ord. 1940 § 1, 6-16-15).

9.05.165 Activities and conduct prohibited in parking facilities adjacent to the stadium or parking facilities used for stadium events.

(a) No person shall throw, discharge, launch or spill any solid or liquid object including footballs, baseballs, Frisbees and other such items in a manner that disturbs public order or causes a threat to public safety.

(b) No person shall explode, set off, discharge, or otherwise release or cause to be released any smoke bomb, fireworks, stink bomb, or other substance which is physically harmful or otherwise irritating, offensive, repugnant or disgusting to the eyes or sense of smell within the parking areas.

(c) No person shall participate in any activity, including, but not limited to vehicle driver training, volleyball, baseball, soccer, football, roller skating, bicycle riding, or skateboarding within the parking areas unless expressly authorized by the authorized representative. This subsection shall not apply to the use of nonmotorized vehicles for purposes of travel to a parking facility or between parking facilities.

(d) No tables, barbecues, chairs, umbrellas or other objects shall be permitted on walkways, driveways, landscaped areas, vehicle access lanes and promenades in the parking areas without the permission of the authorized representative. Tailgating is only allowed in specific permitted parking lots.

(e) No person shall lead, conduct or otherwise bring or allow to remain in the parking areas any animal, bird, fish or reptile except service dogs certified by the State of California and which are in actual use.

(f) No person shall bring or attempt to bring a vehicle into the parking areas without paying the prescribed charge required for admission. No employee of the authorized representative or any employee of any organization holding an event at the stadium shall enter or attempt to enter the parking areas without presenting a valid ticket or pass to that event, or a pass or identification indicating that the person is an on-duty employee working the event.

(g) No person shall park or stop a vehicle in more than one parking space. If the vehicle exceeds twenty (20) feet in length, the driver thereof shall park said vehicle in parking spaces for nonstandard size vehicles and pay for the additional space and display evidence of such payment.

(h) No person shall utilize in any manner more than the parking space that his or her vehicle is entitled to occupy under the provisions of this chapter. Roadways and fire lanes shall remain clear at all times of vehicles and objects to maximize use for traffic circulation and emergency response.

(i) No person shall urinate or defecate except in a designated lavatory facility.

(j) No person shall interfere in any manner with the use of an adjacent parking space.

(k) No person shall allow any sound amplification system to be heard from fifty (50) or more feet when in a parking area, unless that system is being operated to request assistance or warn of a hazardous situation. This section does not apply to authorized emergency personnel or vehicles.

(l) The authorized representative may set reasonable closing times for parking areas. Some or all parking areas may be closed or have limited access during events to deter persons from remaining in parking areas instead of attending events. No person shall remain within the parking areas after being informed by law enforcement or security personnel the facilities are closed or that access is limited. No person shall refuse to obey the lawful order of a peace officer or security personnel made pursuant to enforcement of this section.

(m) No person shall bring, or cause to be brought, for the purposes of sale or barter, or have for sale, or sell or exchange, or offer for sale or exchange any food, drink, service, goods, wares, ticket or merchandise, or solicit employment, business or contributions of money or other property, within any portion of the parking areas, including the perimeter sidewalk of the facility, except as set forth in Article IV* of Chapter 5.05 SCCC.

(n) No person shall bring within the perimeter of the boundaries of the stadium parking areas, or cause to be brought to the parking areas, a beer keg or any type of glass container. This subsection shall not apply to patrons possessing prescribed medication in glass containers.

(o) Subsections (a) through (n) of this section shall not apply to any duly authorized employee, agent or officer of the authorized representative while acting in the course and scope of his or her employment, nor shall it apply to any duly authorized participant, performer, athlete, official, security or service personnel specifically authorized to perform such an act by the authorized representative while acting in the scope of his or her employment or participation. (Ord. 1922 § 3, 4-8-14; Ord. 2062 § 1, 8-22-23).

*Code reviser’s note: Ordinance 2067 extends the provisions of Article IV of Chapter 5.05 SCCC through February 28, 2025.

9.05.170 Penalties.

(a) Any person violating any provision of this chapter may be ejected from the stadium and related parking facilities by any peace officer or other security personnel of the authorized representative.

(b) In addition to the penalties described in subsection (a) of this section, a violation of SCCC 9.05.160(b), (c) or (d) or 9.05.165(b) is a misdemeanor punishable by imprisonment not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000.00), or both. A violation of any other subsection of SCCC 9.05.160 or 9.05.165 is an infraction, punishable by a fine of one hundred dollars ($100.00) for the first offense, two hundred fifty dollars ($250.00) for the second offense, and five hundred dollars ($500.00) for the third offense.