5-1. PUBLIC MORALS

CHAPTER 1. PUBLIC MORALS

ARTICLE 1. CURFEW

5-01-1000 CURFEW FOR MINORS:

It shall be unlawful for any minor under the age of eighteen (18) to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement, eating establishments and vacant lots between the hours of 10:00 p.m. of any day and 5:00 a.m. of the following day. The provisions of this section do not apply when:

(a) A minor is accompanied by a parent, guardian or other adult person having the care and custody of the minor.

(b) A minor is on an emergency errand directed by his or her parent, guardian or other adult person having the care and custody of the minor.

(c) A minor is returning directly to his or her place of residence without detour or stop after attending a place of amusement, entertainment, recreational activity, or school function; or

(d) A minor is engaged in a lawful employment activity or is going or returning to his or her place of residence after completing a lawful employment activity, without detour or stop.

5-01-1005 PARENTS’ RESPONSIBILITY:

No parent, guardian or any adult person having the control, custody or charge of any minor under the age of eighteen years, shall permit, allow or let said minor loiter upon the streets or in places of amusement or entertainment as described in section 5-01-1000 between the hours of 10:00 p.m. and 5:00 a.m. unless said minor is lawfully upon said streets or public places or places of amusement as permitted by section 5-01-1000.

5-01-1010 AUTHORITY TO DETAIN:

Law enforcement personnel are vested with the following authority upon a reasonable suspicion based upon articulable facts that a minor is in violation of section 5-01-1000:

(a) Upon the first violation of section 5-01-1000, a law enforcement officer shall issue to the minor a warning citation regarding the consequences of a second violation of said section. A designated representative of the county shall mail to the parents or legal guardian of the minor a notification that states that upon a second violation and every violation thereafter, the parents or legal guardian may be held liable for actual administrative and transportation costs, and that requires the parents or legal guardian to sign and return the notification. This notification shall include a space for the explanation of any circumstances relevant to an applicable exemption from the fee as provided in section 5-01-1015. This explanation shall be reviewed by a designated representative of the county. If the explanation is found to be insufficient, the representative may request a consultation with the parents or legal guardian for the purpose of discussing the circumstances claimed to be relevant to an applicable exemption.

(b) Upon a second violation and every violation thereafter, law enforcement officers are authorized to temporarily detain any minor upon a reasonable suspicion based on articulable facts that the minor is in violation of section 5-01-1000 and to transport that minor to his or her permanent or temporary residence within the State whether the place of residence is located within or without the County of Tulare, or to the custody of his or her parents or legal guardian. A law enforcement officer may decide not to temporarily detain and transport a minor if he or she determines that the minor has a legitimate reason based on extenuating circumstances for violating the ordinance.

5-01-1015 RECOVERY OF COSTS:

The County of Tulare may recover its administrative costs for processing violators of sections 5-01-1000 and 5-01-1005 as follows:

(a) A fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or the custody of his or her parents or legal guardian, may be charged jointly or severally to the minor and his or her parents or legal guardian in an amount not to exceed those actual costs.

(b) Upon petition of the person required to pay the fee, the County Hearing Officer shall conduct a hearing as to the validity of the fees charged, and may upon good cause:

(1) Provide for a waiver of the payment of the fee by the parents or legal guardian upon a determination that the person has made reasonable efforts to exercise supervision and control over the minor.

(2) Provide for a determination of the ability to pay the fee and provide that the fee may be waived if neither the minor nor parents or legal guardian has the ability to pay the fee.

(3) Provide for the performance of community service in lieu of imposition of the fee.

(4) Provide for waiver of payment of the fee by the parents or legal guardian upon the determination that the parents or legal guardian has limited physical or legal custody and control of the minor.

(c) The fees set forth herein shall be established from time to time as determined necessary by resolution of the Board of Supervisors of the County of Tulare. Said fees shall be based on the costs reasonably incurred as set forth herein. All other procedures for the hearings and other administrative steps herein shall be pursuant to the County Hearing Officer ordinance in Chapter 31 of Part I of this Code.

(d) The remedy in this section is cumulative and does not preclude other remedies under this Code or other state, federal and local laws. Nothing herein shall preclude the County from seeking other legal or equitable remedies available to it by law.

(e) The provisions of this section shall be considered cumulative to all other laws, rules and regulations regulating curfew violations and other similar offenses.

(Amended by Ord. No. 3559, effective 6-20-19)

ARTICLE 2. LOITERING FOR THE PURPOSE OF DRUG RELATED ACTIVITIES

5-01-1020 PRACTICE OF LOITERING FOR PURPOSE OF DRUG RELATED ACTIVITIES PROHIBITED:

It shall be unlawful for any person to loiter in, on or near any thoroughfare or place open to the public or near any public or private place in a manner and under circumstances manifesting the purpose of engaging in drug-related activity defined as offenses in Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code.

5-01-1025 CIRCUMSTANCES:

Among the circumstances that may be considered in determining whether such purpose is manifested are that a person:

(a) Is a known unlawful drug user, possessor, or seller. For purpose of this Article, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession or sale of any of the substances referred to in Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code, or such person has been convicted of any violation of any of the provisions of substantially similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks"; or a person who possesses drug paraphernalia as defined in Chapter 5 of Part VI of this Ordinance Code.

(b) Is currently subject to an order prohibiting his or her presence in a high drug activity geographic area.

(c) Behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including by way of example only, acting as a "lookout".

(d) Is physically identified by the officer as a member of a "gang", or association which has as its purpose illegal drug activity.

(e) Transfers small objects or packages for currency in a furtive fashion.

(f) Takes flight upon the appearance of a law enforcement official.

(g) Tries to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity.

(h) Is in an area that is known for unlawful drug use and trafficking.

(i) Is on or in premises that have been reported to law enforcement as a place suspected of unlawful drug activity.

(j) Is in or within six feet of any vehicles registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.

5-01-1030 VIOLATIONS:

Any person violating any of the provisions of this Article which are declared to be unlawful shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.

ARTICLE 3. NUDITY IN PUBLIC PLACES

5-01-1055 DEFINITIONS:

Except where the context otherwise requires, the following definitions shall govern the construction of this Article:

(a) "Nude" means devoid of an opaque covering which covers the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person.

(b) "Public place" means any public beach, park, street, playground, or waters adjacent thereto, or any place open to the public or open or exposed to public view within the unincorporated territory of the County of Tulare, including specifically a view from any private residence or any portion of the real property in the immediate vicinity of such private residence, whether such place is publicly or privately owned.

(c) "Theater" means a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery is located and theatrical or vaudeville or similar performances are given, with permanently affixed seats arranged so that a body of spectators can have an unobstructed view of the stage, whose primary function is to give such performances. This definition is subject to the provisions of subsection (d) of this section.

(d) All terms used in this Article which are also used in sections 318.5 and 318.6 of the Penal Code have the same sense and same meaning as in said sections 318.5 and 318.6 of the Penal Code.

5-01-1060 NUDITY PROHIBITED:

It shall be unlawful for any nude person to appear, perform, sunbathe, bathe, walk, run, serve food or drink to any customer, or otherwise be in any public place.

5-01-1065 PROHIBITED DEVICES:

It shall be unlawful for any person to employ or wear any device or covering in a public place which is intended to simulate the nude genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person or the nude breast or breasts at or below the upper edge of the areola thereof of any female person.

5-01-1070 ACCESSORIES:

It shall be unlawful for any person to procure, permit, counsel or assist any person to violate any provision of this Article.

5-01-1075 EXCEPTIONS:

This Article does not apply to:

(a) Any person under twelve years of age.

(b) Participants in any theatrical performance in a theater.

5-01-1080 SEVERABILITY:

If any provision of this Article or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable.

ARTICLE 5. VIOLATIONS

5-01-1130 VIOLATIONS:

(a) Any person violating any of the provisions of this Chapter other than sections 5-01-1000, 5-01-1005, and Article 7, shall be guilty of a misdemeanor, punishable as provided in section 125 of this Ordinance Code.

(b) Any person violating any of the provisions of sections 5-01-1000 and 5-01-1005 of this Chapter shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code.

(c) Violations of Article 7 of this Chapter, including section 5-01-1215, shall be punishable as provided in Article 7 of this Chapter.

(Amended by Ord. No. 3526, effective 3-8-18)

ARTICLE 7. SOCIAL HOST ORDINANCE

5-01-1200 SHORT TITLE:

This Article shall be known and cited as the "Social Host Ordinance."

(Added by Ord. No. 3526, effective 3-8-18)

5-01-1205 LEGISLATIVE FINDINGS AND INTENT:

The board of supervisors finds and determines as follows:

(a) The County of Tulare, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety, and general welfare of its residents;

(b) Underage consumption of alcoholic beverages and recreational marijuana increases the risk for alcohol and drug abuse, respectively; physical altercations; violent crimes, including rape and other sexual offenses; accidental injuries; driving under the influence; neighborhood vandalism; and excessive noise disturbance; all of which may require intervention by local law enforcement;

(c) Underage person(s) often obtain alcoholic beverages or recreational marijuana at parties held at private residences or at rented residential and commercial premises that are under the control of a person or persons who know(s) or should know of the underage service, possession and/or consumption. Some person(s) responsible for private property have failed to ensure that alcoholic beverages or recreational marijuana are neither served to nor consumed by underage person(s) at parties held on premises under their possession or control;

(d) Law enforcement, fire and other emergency response services personnel have and are required to respond, sometimes on multiple occasions during a single evening, to parties on private property at which alcoholic beverages or recreational marijuana are served to or consumed by underage persons. Responses to such parties result in a significant expenditure of time and resources by County staff, and they divert public safety resources from other areas of the county;

(e) For these reasons, parties held on private property where alcoholic beverages or recreational marijuana are served to or consumed by underage person(s) pose an immediate threat to public health, safety, quiet enjoyment of property, and the general welfare of the communities where such parties are held, and control of such parties is necessary to protect the general welfare;

(f) It is difficult to prevent and deter problems associated with parties at which alcoholic beverages or recreational marijuana are used by underage person(s) unless those responsible for hosting, supervising, or tolerating such parties are subject to criminal and/or civil liability for their conduct;

(g) Person(s) held responsible for abetting or tolerating parties where underage consumption of alcohol or recreational marijuana occurs will be more likely to properly supervise and stop such conduct at parties held on private property under their possession and control;

(h) Enhancing law enforcement’s ability to abate parties on private property where underage persons are using alcoholic beverages or recreational marijuana will result in a decrease in alcohol or drug abuse by underage persons, as well as a decrease in other public safety issues related to such drug and alcohol use, such as driving under the influence, excessive noise disturbances, physical altercations and injuries, and neighborhood vandalism;

(i) The prohibitions found in this Article are reasonable and expected to deter the consumption of alcoholic beverages and/or recreational marijuana by underage persons by holding the person(s) who knowingly allow service to or consumption by underage person(s) responsible;

(j) In addition to social gatherings resulting in the underage consumption of alcohol and recreational marijuana, said gatherings have also led to an increase in noise complaints arising from crowds and amplified sound devices within rural, residential, and other traditionally quiet unincorporated areas of the County, during traditionally quiet times;

(k) The County has exhausted significant amounts of law enforcement and staff time in responding to said noise complaints, often arising from the same individuals and instances on private property;

(l) In order to control unpermitted unnecessary, excessive, and annoying noise in the unincorporated areas of Tulare County, it is hereby declared to be the policy of the County to regulate unpermitted amplified and/or excessive noises at unreasonable volumes and at unreasonable times;

(m) It is also determined that unpermitted, unreasonable noise levels occurring at unreasonable hours are detrimental to the public health, welfare and safety, and are contrary to public interest. Therefore, it is necessary to establish amplified and excessive noise regulations in order to protect the County’s residents. Thus, the Board of Supervisors does ordain and declare that creating, maintaining, causing, or allowing to be created, caused or maintained, any noise in a manner prohibited by or not in conformity with the provisions of this chapter shall constitute unlawful behavior and shall be treated as such.

(Added by Ord. No. 3526, effective 3-8-18; amended by Ord. No. 3591, effective 4-15-21)

5-01-1210 DEFINITIONS:

The following terms as used in this Article shall have the meaning ascribed to them in this section as follows:

(a) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

(b) "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

(d) "Marijuana" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including the separated resin, whether crude or purified, obtained from cannabis. It includes all cannabis products that can be smoked, vaporized, inhaled, ingested, or consumed, including dried flowers, concentrated cannabis, extracts, and edible cannabis products.

(e) "Nonmedical marijuana" means marijuana or cannabis that is not being used or consumed in accordance with a physician’s recommendation.

(f) The term "party" means any party, gathering, event, meeting, or other assembly of two or more individuals on private property for any purpose, unless all of the individuals attending the assembly are members of the same household or immediate family.

(g) The term "person" means and includes, but is not limited to, any individual business, corporation or other organization, but it does not include a public entity.

(h) The term "private property" means any private residence or other private premises, individual unit or place, including any commercial or business premises, a hotel or motel room or bed and breakfast unit, home, yard, apartment, condominium, mobile home, cottage, cabin, trailer, tent or other dwelling unit, abandoned or vacant warehouse or other building or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, and whether owned, leased, rented, licensed, or used with or without compensation.

(i) The term "underage person" means any person under twenty-one (21) years of age.

(j) "Amplified Sound Device" refers to a device whose volume is increased by any electric, electronic, mechanical, or motor-powered means, including, but not limited to, loudspeakers, public address systems, car audio systems, radios, record players, tape players, disc players, MP3 players, iPods, phones, television sets.

(k) "Excessive Noise Sources" include, but are not limited to, non-amplified sounds arising from parties, such as shouting, group chanting, acoustic musical instruments. Additionally, the frequent, repetitive, or continuous sounds from starting, operating, repairing, rebuilding, or testing of motor vehicles, motorcycles, dirt bikes, or other off-highway vehicles, or any internal combustion engines, are deemed to be excessive noise sources and thus subject to this chapter.

(l) "Traditionally Quiet Areas" refers to consistently zoned residential and rural unincorporated areas of the County of Tulare.

(Added by Ord. No. 3526, effective 3-8-18; amended by Ord. No. 3591, effective 4-15-21)

5-01-1211 EXEMPTIONS:

(a) This Article shall not apply to activities protected by Article 1, Section 4 of the California Constitution or the First or Fourteenth Amendments to the United States Constitution.

(b) This Article shall not apply to conduct involving the consumption or possession of marijuana by an underage person if that underage person is either a qualified patient that possesses a recommendation from a physician, or a person with an identification card, as provided in Health and Safety Code sections 11362.7 et seq.

(Added by Ord. No. 3526, effective 3-8-18)

5-01-1215 PROHIBITION:

(a) It is unlawful for any person to permit, allow, host, or continue to permit, allow, or host a party on private property under his or her control if underage person(s) are present and the person(s) in control of the property knows or reasonably should know that: (i) alcoholic beverages are being furnished to or consumed by any underage person(s), or (ii) marijuana is being furnished to or smoked, vaporized, ingested, or otherwise consumed by any underage person(s).

(b) Sound levels from Amplified Sound Devices and Excessive Noise Sources are prohibited from exceeding sixty-five (65) decibels, as measured at the boundary of the property on which the source of the noise or sound is located.

(Added by Ord. No. 3526, effective 3-8-18; amended by Ord. No. 3591, effective 4-15-21; amended by Ord. No. 3619, effective 1-12-23)

5-01-1220 DUTY TO TAKE REASONABLE STEPS; PRIMA FACIE EVIDENCE:

(a) It shall be the duty of any person having control of any private property who hosts, permits, or allows a party to take place on said private property to take all reasonable steps to prevent furnishment of alcohol or marijuana to underage persons, and to prevent the use by underage persons of alcohol or marijuana at the party. Reasonable steps include (i) monitoring and/or controlling access to alcoholic beverages or marijuana at the party; (ii) verifying the age of persons attending the party by inspecting drivers’ licenses or other government-issued identification cards to ensure that underage persons do not consume alcoholic beverages or nonmedical marijuana while at the party; (iii) requiring guests to leave the property if there is reason to suspect that the guests have furnished or intend to furnish alcohol or marijuana to underage persons; (iv) supervising the activities of underage persons at the party.

(b) A person who has control of any private property shall be presumed to have actual or constructive knowledge that alcoholic beverages are being furnished to or consumed by any underage person(s), or marijuana is being furnished to or smoked, vaporized, ingested, or otherwise consumed by any underage person(s), if the person (i) is present at the party and (ii) has failed to take all reasonable steps as set forth in subdivision (a) above. A person’s presence at the private property under their control shall be prima facie evidence that such person(s) had the knowledge or should have had the knowledge specified in Section 5-01-1215.

(Added by Ord. No. 3526, effective 3-8-18)

5-01-1225 PUBLIC NUISANCE:

Conduct prohibited by Section 5-01-1215 is hereby declared to be a public nuisance, and is subject to criminal penalties, administrative fees, and civil actions for recovery thereof, cost recovery and reimbursement of attorney fees as provided in Articles 11 and 13 of Chapter 1 of Part IV of this Code.

(Added by Ord. No. 3526, effective 3-8-18; amended by Ord. No. 3619, effective 1-12-23)

5-01-1230 SEPARATE VIOLATION FOR EACH INCIDENT:

Each incident in violation of this article shall constitute a separate offense. An "incident" refers to each time County staff, law enforcement, fire, and/or other emergency personnel responds to a party or an alleged violation of Section 5-01-1215 above. If a response is required multiple times to the same party or amplified/excessive noise complaint on the same date, each response shall be a separate offense.

(Added by Ord. No. 3526, effective 3-8-18; amended by Ord. No. 3591, effective 4-15-21)

5-01-1235 PENALTIES FOR VIOLATION:

(a) Criminal. A violation of section 5-01-1215 shall constitute a misdemeanor and shall be punishable as specified in Section 125 of this Code.

(b) Civil. The declaration of a nuisance pursuant to section 5-01-1215 may be accompanied by the issuance of an administrative fine as authorized in Chapter 23 of Part I of this Code. Such a fine is subject to the notice, review, appeal, enforcement, and collection provisions in Chapter 23 of Part I of this Code. The imposition of administrative fines shall not preclude or prohibit criminal prosecution or additional nuisance declarations for other abatable conditions constituting public nuisances pursuant to regulating statutes and ordinances heretofore or hereafter enacted by the State, the County, or any other legal entity or agency having jurisdiction. Dollar amounts of administrative fines for violations of this article shall be as follows. Said amounts may be revised from time to time by resolution of the Board.

(1) For the first declaration of a nuisance pursuant to 5-01-1215 (b), the fine shall be $1,000.

(2) For every subsequent declaration of nuisance pursuant to 5-01-1215(b) within three years of the date that the first violation occurred, so long as the violation is declared against the same person or against a property occupied by the same person that occupied the property at the time of the first violation, the fine shall be $3,000.

(3) For any declaration of a nuisance pursuant to 5-01-1215(b) within three years of a prior violation by same person or against a property occupied by the same person that occupied the property at the time of the prior violation, the fine shall be $3,000.

(c) For any declaration of a nuisance pursuant to 5-01-1215(b) that also meets the definition of a "violation of an event permit requirement," as defined in California Government Code section 25132(d)(2), fines may be determined in accordance with the schedule set forth in California Government Code section 25132(d)(1).

(Added by Ord. No. 3526, effective 3-8-18; amended by Ord. No. 3619, effective 1-12-23)

5-01-1240 RESERVATION OF LEGAL OPTIONS:

By adopting this Article, the County of Tulare does not waive its right to seek other legal remedies. The procedure provided for in this Article is in addition to any other statute, ordinance or law, whether civil or criminal. This Article in no way limits the authority of law enforcement or private citizens to make arrests for any criminal offenses arising out of conduct regulated by this Article, nor does it limit in any way the prosecution’s ability to initiate and prosecute a criminal offense arising out of the same circumstances.

(Added by Ord. No. 3526, effective 3-8-18)

5-01-1245 SEVERABILITY:

If any section, subsection, sentence, clause, phrase or word of this Article or Chapter, or interpretation thereof, is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Article or Chapter. The Tulare County Board of Supervisors hereby declares that it would have passed and adopted this chapter and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional.

(Added by Ord. No. 3526, effective 3-8-18)