Chapter 66 OFFENSES AND MISCELLANEOUS PROVISIONS*
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*Cross references: Law enforcement, ch. 54; traffic and vehicles, ch. 106.
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Article I. In General
Sec. 66-1. Teasing or interfering with police dogs.
Sec. 66-2. Sale and display of narcotics and other paraphernalia.
Sec. 66-3. Prohibited acts in publicly owned parking structures and lots.
Sec. 66-4. Sleeping in vehicle.
Sec. 66-5. Camping.
Sec. 66-6. Loitering in or near tunnels, bridges, and other areas.
Sec. 66-7. Urinating or defecating in public view.
Sec. 66-8. Hang gliders.
Sec. 66-9. Skateboard ramps.
Sec. 66-10. Skateboarding, roller skating, and inline skating prohibited in certain places.
Sec. 66-11. Discharge of weapons.
Sec. 66-12. Trespass upon private property.
Secs. 66-13--66-40. Reserved.
Article II. Juvenile Alcohol Offenses and Police Services at Gatherings on Private Property
Sec. 66-41. Findings; purpose.
Sec. 66-42. Definitions.
Sec. 66-43. Unlawful juvenile gatherings on private property.
Sec. 66-44. Police services at parties, gatherings, or events requiring a second response.
Sec. 66-45. Police services fee.
Sec. 66-46. Severability.
Secs. 66-47--66-70. Reserved.
Article III. Curfew for Minors
Sec. 66-71. Purpose and Intent.
Sec. 66-72. Definitions.
Sec. 66-73. Daytime and nighttime curfew and prohibitions.
Sec. 66-74. Exceptions.
Sec. 66-75. Enforcement.
Sec. 66-76. Severability.
Secs. 66-77--66-100. Reserved.
Article IV. Alcoholic Beverages in Public Places and Places Open to The Public
Sec. 66-101. Possession and consumption prohibited in certain places.
Sec. 66-102. Exemptions.
Sec. 66-103. Definitions.
Sec. 66-104. Severability.
Secs. 66-105--66-130. Reserved.
Article V. Exposure by Waiters, Waitresses and Entertainers in Establishments Serving Alcoholic Beverages
Sec. 66-131. Prohibited acts.
Sec. 66-132. Causing or assisting violation.
Sec. 66-133. Applicability to persons not employed or paid by management.
Sec. 66-134. Exemptions.
Secs. 66-135--66-160. Reserved.
Article VI. Laser Pointers
Sec. 66-161. Definitions.
Sec. 66-162. Directing laser beam at entertainment event.
Sec. 66-163. Violations; penalty.
Secs. 66-164--66-190. Reserved.
Article VII. Automatic Communication Devices Dialing City Offices or Police Department
Sec. 66-191. "Automatic communication device" defined.
Sec. 66-192. Prohibited acts.
Sec. 66-193. Withdrawal of consent by city.
Sec. 66-194. "Telephone number" defined.
Secs. 66-195--66-220. Reserved.
Article VIII. Canals
Sec. 66-221. Definition.
Sec. 66-222. Prohibited uses; depositing dirt, rubbish or other material.
Sec. 66-223. Trespass on lands appurtenant to canal.
Sec. 66-224. Exemptions.
ARTICLE I. IN GENERAL
Sec. 66-1. Teasing or interfering with police dogs.
It is unlawful for any person to willfully and/or maliciously tease, torment, agitate, beat, kick, strike, injure, disable, kill, or interfere with any dog used by the city Police Department while it is functioning as an aide to the Police Department.
(Code 1965, § 4109; Ord. No. 1164; Ord. No. 87-32)
Sec. 66-2. Sale and display of narcotics and other paraphernalia.
(a) Display or sale in rooms to which minors are admitted. No owner, manager, proprietor, or other person in charge of any room in any place of business selling, or displaying for the purpose of sale, any device, contrivance, instrument, or paraphernalia used, altered, or modified for the purpose of smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance as defined in the Health and Safety Code of the state, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of 18 years to be, remain in, enter, or visit such room unless such minor person is accompanied by one of his parents or by his legal guardian.
(Code 1965, § 4104; Ord. No. 761; Ord. No. 1222)
(b) Minors excluded from rooms used for sale or display. A person under the age of 18 years shall not be, remain in, enter, or visit any room in any place used for the sale, or displaying for sale, devices, contrivances, instruments, or paraphernalia used, altered, or modified for the purpose of smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips and rollers designed and used for smoking the foregoing, unless such person is accompanied by one of his parents or his legal guardian.
(Code 1965, § 4104; Ord. No. 1222)
(c) Requirements for sale and display rooms. A person shall not maintain, in any place of business to which the public is invited, the display for sale or the offering to sell of devices, contrivances, instruments, or paraphernalia used, altered, or modified for the purpose of smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips and rollers designed and used for the smoking of the foregoing, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room shall have a sign posted in visible and legible words to the effect that minors, unless accompanied by a parent or legal guardian, are excluded. For the purpose of this section, an "enclosure" shall mean an area of a room separated in such a manner that no material regulated by this section shall be visible from any area of the room open to minors.
(Code 1965, § 4104; Ord. No. 1222)
(d) Violations declared nuisance. The distribution or possession for the purpose of sale, exhibition, or display in any place of business from which minors are not excluded, as set forth in this section, and where devices, contrivances, instruments, or paraphernalia used, altered, or modified for the purpose of smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips and rollers designed and used for smoking the foregoing, is hereby declared to be a public nuisance and may be abated pursuant to the provisions of Code of Civil Procedure § 731. This remedy is in addition to any other remedy provided by law, including the penalty provisions of this Code.
(Code 1965, § 4104; Ord. No. 1222)
(e) Penalty. Violation of this section shall constitute a misdemeanor.
(Code 1965, § 4104; Ord. No. 1222)
Sec. 66-3. Prohibited acts in publicly owned parking structures and lots.
(a) Definitions. For the purposes of this section, the following definitions shall apply:
(Code 1965, § 4105; Ord. No. 84-21; Ord. No. 85-56)
Loiter. To delay, to linger, or to idle about a place without lawful business for being present.
(Code 1965, § 4105; Ord. No. 85-56)
Parking structure and parking lot. Include all stairwells, elevators, entrances, exits, retaining walls, excavations, and landscaping in or on such structures and lots.
(Code 1965, § 4105; Ord. No. 85-56)
(b) Loitering, camping, or sleeping. No person shall loiter, camp, or sleep in or on any publicly owned parking structure or parking lot.
(Code 1965, § 4105; Ord. No. 84-21; Ord. No. 85-56)
(c) Being on premises at night. No person shall be present in or on any publicly owned parking structure or parking lot between the hours of 10:00 p.m. and 6:00 a.m. daily, except when going to, or coming from, such person's parked vehicle, except for any person or group attending a function which has been approved in advance by city at the publicly owned parking structure or parking lot.
(Code 1965, § 4105; Ord. No. 85-56)
(d) Vending. No person shall sell, or offer to sell, any merchandise or thing whatsoever in or on any publicly owned structure or parking lot, unless such person has been licensed by the governing board of the entity controlling the structure or lot to sell at such structure or lot.
(Code 1965, § 4105; Ord. No. 84-21; Ord. No. 85-56)
(e) Riding roller skates, skateboards or bicycles. No person shall roller skate or ride a skateboard or a bicycle in or on any publicly owned structure or parking lot.
(Code 1965, § 4105; Ord. No. 84-21; Ord. No. 85-56)
(f) Penalties.
(1) Misdemeanor. Any person violating subsection (b), (c), or (d) of this section shall be guilty of a misdemeanor and shall be punishable in accordance with section 1-23 of this Code.
(Code 1965, § 4105; Ord. No. 84-21; Ord. No. 85-56)
(2) Infraction. Any person violating subsection (e) of this section shall be guilty of an infraction and shall be punishable in accordance with section 1-22 of this Code.
(Code 1965, § 4105; Ord. No. 84-21; Ord. No. 85-56)
Sec. 66-4. Sleeping in vehicle.
It is unlawful for any person to sleep in any vehicle parked on any public street, alley, or way or parked in any parking lot, whether privately or publicly owned. For the purposes of this section, a vehicle shall be as defined by Vehicle Code § 670 as it may be amended from time to time. A violation of this section shall be a misdemeanor punishable in accordance with section 1-23 of this Code.
(Code 1965, § 4106; Ord. No. 85-40)
Cross references: Traffic and vehicles, ch. 106.
(a) Restrictions. No person shall camp anywhere in the city, whether on public or private property, except as hereinafter expressly permitted. "To camp" means to do any of the following:
(Code 1965, § 4107; Ord. No. 85-40)
(1) Sleeping (11:00 p.m. to 8:30 a.m.) To sleep at any time between the hours of 11:00 p.m. and 8:30 a.m. in any of the following places:
(Code 1965, § 4107; Ord. No. 85-40)
a. Outdoors, with or without bedding, tent, hammock, or other similar protection or equipment;
(Code 1965, § 4107; Ord. No. 85-40)
b. In, on, or under any structure not intended for human occupancy, whether with or without bedding, tent, hammock, or other similar protection or equipment.
(Code 1965, § 4107; Ord. No. 85-40)
(2) Setting up bedding (11:00 p.m. to 8:30 a.m.) To establish or maintain, outdoors or in, on, or under any structure not intended for human occupancy, at any time between the hours of 11:00 p.m. and 8:30 a.m., a temporary or permanent place for sleeping by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock, or other sleeping equipment in such a manner as to be immediately usable for sleeping purposes.
(Code 1965, § 4107; Ord. No. 85-40)
(3) Setting up campsite (any time). To establish or maintain, outdoors or in, on, or under any structure not intended for human occupancy, at any time during the day or night, a temporary or permanent place for cooking or sleeping by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock, or other sleeping equipment or by setting up any cooking equipment, with the intent to remain in that location overnight.
(Code 1965, § 4107; Ord. No. 85-40)
(b) Permitted camping. Camping is permitted in the city only in the following circumstances:
(Code 1965, § 4107; Ord. No. 85-40)
(1) Camping in public areas specifically set aside and clearly marked for public camping purposes;
(Code 1965, § 4107; Ord. No. 85-40)
(2) Camping events authorized by the city;
(Code 1965, § 4107; Ord. No. 85-40)
(3) Camping in the yard of a residence, with the consent of the owner or occupant of the residence, where the camping is in the rear yard of the residence or where the camping is in an area of a side yard of the residence that is separated from view from the street by a fence or hedge or other obstruction; except that camping shall not be permitted under this subsection where it is conducted in such a manner as to constitute a nuisance because of noise, inadequate sanitation, or other matters offensive to persons of ordinary sensibility; nor shall camping be permitted under this subsection where the camping in any yard is of such frequency, intensity, or duration as to constitute a use of land prohibited by any provision of this Code; nor shall camping be permitted under this subsection where any fee, charge, or other monetary consideration is collected for the privilege of camping or for any services or the use of any facilities related thereto;
(Code 1965, § 4107; Ord. No. 85-40)
(4) Camping events for minors sponsored by any nonprofit organization; except that camping shall not be permitted under this subsection where it is conducted in such a manner as to constitute a nuisance because of noise, inadequate sanitation, or other matters offensive to persons of ordinary sensibility; nor shall camping be permitted under this subsection where the camping at any location is of such frequency, intensity, or duration as to constitute a use of land prohibited by any provision of this Code.
(Code 1965, § 4107; Ord. No. 85-40)
(c) Penalty. A violation of this section shall be a misdemeanor punishable in accordance with section 1-23 of this Code.
(Code 1965, § 4107; Ord. No. 85-40)
Sec. 66-6. Loitering in or near tunnels, bridges, and other areas.
(a) No person shall loiter in any tunnel, pedestrian subway, pedestrian overpass, or on any bridge overpass, or at or near the entrance thereto or exit therefrom, or at or near any abutment or retaining wall adjacent to such entrance or exit, or any retaining wall or abutment adjacent to any freeway, street, or highway open and used for vehicular traffic or adjacent to that portion thereof used for vehicular traffic, or any public property in the proximity of such bridge, overpass, or retaining wall or abutment.
(Code 1965, § 4169; Ord. No. 1204)
(b) Any person who violates this section is guilty of a misdemeanor.
(Code 1965, § 4169; Ord. No. 1204)
Sec. 66-7. Urinating or defecating in public view.
It shall be unlawful and a misdemeanor for any person to urinate or defecate in or upon any street, sidewalk, alley, plaza, park, public building or publicly maintained facility, or any place open to the public or exposed to public view. This section shall not be construed as to prohibit the use for urination or defecation of lawfully constructed restroom facilities designed for sanitary disposal of human waste. This section shall not be construed to permit activity which is otherwise deemed unlawful pursuant to relevant provisions of the Penal Code or other state law.
(Code 1965, § 4170; Ord. No. 94-5)
Cross references: Streets, sidewalks, and other public places, ch. 90.
(a) Definitions. As used in this section:
(Code 1965, § 4108; Ord. No. 1018; Ord. No. 87-32)
Hang gliding. Any activity whereby any person, or persons, glides, floats, or sails through the air in or on a hang glider.
(Code 1965, § 4108; Ord. No. 1018; Ord. No. 87-32)
Hang glider. A glider, kite, device, or contrivance so constructed that it will carry a person, or persons, and will operate on wind, air, or human power.
(Code 1965, § 4108; Ord. No. 1018; Ord. No. 87-32)
(b) Hang gliding over Concord Pavilion prohibited. It shall be unlawful for any person to engage in the activity of hang gliding in, on, or over that real property described as the Concord Pavilion, located at 2000 Kirker Pass Road, Concord, California.
(Code 1965, § 4108; Ord. No. 1018; Ord. No. 87-32)
(a) Definitions.
Skateboard. A vehicle which is constructed of wood, plastic, metal, fiberglass, or other suitable material which has wheels attached thereto. For the purposes of this section, "skateboard" includes roller skates.
(Code 1965, § 4114; Ord. No. 87-2; Ord. No. 89-11)
Skateboard ramp. Any structure located on private residential property which is used for the purpose of riding or propelling a skateboard thereon.
(Code 1965, § 4114; Ord. No. 87-2; Ord. No. 89-11)
(b) Use regulations.
(1) Skateboard ramps shall be prohibited in the following locations on private residential property:
(Code 1965, § 4115; Ord. No. 87-2; Ord. No. 89-11)
a. The side yard setback area;
(Code 1965, § 4115; Ord. No. 87-2; Ord. No. 89-11)
b. Any area between the front building line of a residential structure and the front property line;
(Code 1965, § 4115; Ord. No. 87-2; Ord. No. 89-11)
c. Any area in the rear yard within 20 feet of any residential structure on an abutting parcel.
(Code 1965, § 4115; Ord. No. 87-2; Ord. No. 89-11)
(2) Skateboard ramps shall only be used between the hours of 9:00 a.m. to 6:00 p.m. daily.
(Code 1965, § 4115; Ord. No. 87-2; Ord. No. 89-11)
(3) This section applies to all pre-existing skateboard ramps on private residential property. Prior to the effective date of this section, private residential property owners shall bring their skateboard ramps into compliance with this section within 60 days of its adoption.
(Code 1965, § 4115; Ord. No. 87-2; Ord. No. 89-11)
(c) Penalty. Any person violating the provisions of subsection (b) of this section shall be guilty of an infraction punishable by section 1-22.
(Code 1965, § 4116; Ord. No. 87-2; Ord. No. 89-11)
Sec. 66-10. Skateboarding, roller skating, and inline skating prohibited in certain places.
(a) Downtown business district. Skateboarding, roller skating, or inline skating is prohibited on all streets, sidewalks, and public ways in the Downtown Business District.
(Code 1965, § 4117; Ord. No. 98-7)
(b) Commercial and office parking lots, private sidewalks or walkways. Skateboarding, roller skating, or inline skating is prohibited in private off-street parking facilities, and on private sidewalks or walkways serving commercial and office establishments when the owner or operator of such parking facility, sidewalk, or walkway has caused to be posted conspicuously and, as is reasonably necessary, to provide effective notice, at each entrance to the off-street parking facility or at the perimeter of the property, signs that clearly indicate that skateboarding, roller skating, or inline skating is prohibited in that off-street parking facility and/or on the private sidewalk or walkway serving the commercial and office establishment. Such signage may use lettering or symbols or a combination of both that include a reference to this section.
(Code 1965, § 4117; Ord. No. 98-7)
Cross references: Streets, sidewalks, and other public places, ch. 90.
Sec. 66-11. Discharge of weapons.
It shall be unlawful for any person to discharge any firearm, gun, rifle, or other gun or device discharging, by the use of powder, air, or springs, any bullet or shot of any kind or any sling or slingshot in the city, except in shooting galleries and on pistol and rifle ranges, the location of which has been approved by the city; provided, however, that this section shall not apply to police officers acting within the scope of their official duties or to persons acting in the necessary defense of their persons or property.
(Code 1965, § 4127; Ord. No. 235; Ord. No. 839)
Sec. 66-12. Trespass upon private property.
(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.
(Code 1965, § 4135; Ord. No. 728; Ord. No. 1054; Ord. No. 1154)
(b) No person, without permission, express or implied, of the owner, or lessee, or other person in charge of private property or business premises shall enter upon such private property or business premises after having been notified by the owner, or lessee, or other person in charge thereof, to keep off or keep away therefrom.
(Code 1965, § 4135; Ord. No. 728; Ord. No. 1054; Ord. No. 1154)
(c) This section shall not apply in any of the following instances:
(Code 1965, § 4135; Ord. No. 728; Ord. No. 1054; Ord. No. 1154)
(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;
(Code 1965, § 4135; Ord. No. 728; Ord. No. 1054; Ord. No. 1154)
(2) Where its application results in, or is coupled with, an act prohibited by Penal Code § 365 or any other provision of law relating to duties of innkeepers and common carriers;
(Code 1965, § 4135; Ord. No. 728; Ord. No. 1054; Ord. No. 1154)
(3) Where its application would result in an interference with, or inhibition of, peaceful labor picketing or other lawful labor activities;
(Code 1965, § 4135; Ord. No. 728; Ord. No. 1054; Ord. No. 1154)
(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;
(Code 1965, § 4135; Ord. No. 728; Ord. No. 1054; Ord. No. 1154)
(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 to (but not limited to) the following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies; martial [marital] and post-martial [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.
(Code 1965, § 4135; Ord. No. 728; Ord. No. 1054; Ord. No. 1154)
(d) Any person who violates this section is guilty of a misdemeanor.
(Code 1965, § 4135; Ord. No. 728; Ord. No. 1054; Ord. No. 1154)
Secs. 66-13--66-40. Reserved.
ARTICLE II. JUVENILE ALCOHOL OFFENSES AND POLICE SERVICES AT GATHERINGS ON PRIVATE PROPERTY
Sec. 66-41. Findings; purpose.
The City Council hereby finds that unsupervised parties on private property where alcohol is consumed by juveniles have been a nuisance in the city for several years. Problems associated with such gatherings are difficult to resolve unless the Police Department has the legal authority to enter the private premises and direct the host to disperse the crowd. Police ability to abate juvenile alcohol gatherings on private property will result in a decrease in juvenile abuse of intoxicants, physical fights, neighborhood vandalism, and noise disturbances. The City Council further finds and declares that the control of large parties, gatherings, or events on private property is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public. Frequently, police officers have been required to make return calls to the location of a party, gathering, or event in order to disperse uncooperative participants, causing a drain of manpower and resources, sometimes leaving other areas of the city with inadequate police protection.
(Code 1965, § 3130; Ord. No. 91-3)
For the purposes of this article, the following definitions shall apply:
(Code 1965, § 3131; Ord. No. 91-3)
Party, gathering, or event. A group of persons who have assembled or are assembling for a social occasion or for a social activity.
(Code 1965, § 3131; Ord. No. 91-3)
Person responsible for the event. The person who owns, rents, leases, or otherwise has control of the premises where the party, gathering, or event takes place; the person in charge of the premises; and/or the person who organized the event. If the person responsible for the event is a minor, then the parents or guardians of that minor will be jointly and severally liable for the costs incurred for police services pursuant to this article.
(Code 1965, § 3131; Ord. No. 91-3)
Police services. Police services include the salaries of the police officers for the amount of time actually spent in responding to, or in remaining at, the party, gathering, or event at a rate established by resolution of the City Council, the actual cost of any medical treatment to injured officers, and the cost of repairing any damaged city equipment or property.
(Code 1965, § 3131; Ord. No. 91-3)
Cross references: Definitions generally, § 1-10.
Sec. 66-43. Unlawful juvenile gatherings on private property.
No person shall suffer, permit, allow, or host a party, gathering, or event at his place of residence or other private property, place, or premises under his control where five or more persons under the age of 21 are present and alcoholic beverages are in the possession of, or are being consumed by, any person under the age of 21 years. A violation of this section shall constitute a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.
(Code 1965, § 3132; Ord. No. 91-3)
Sec. 66-44. Police services at parties, gatherings, or events requiring a second response.
When a party, gathering, or event occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety, or general welfare, the person(s) responsible for the event will be held liable for the cost of providing police services during a second or followup response by the police, after a first warning to the person(s) responsible for the event to control the threat to the public peace, health, safety, or general welfare. The second or followup response may also result in the arrest and/or citation of violators of the state Penal Code or other provisions of the Municipal Code.
(Code 1965, § 3133; Ord. No. 91-3)
Sec. 66-45. Police services fee.
The police services fee shall include the cost of personnel and equipment but shall not exceed $500.00 for a single incident; provided, however, that the city does not hereby waive its right to seek reimbursement for actual costs exceeding $500.00 through other legal remedies. The amount of such fees shall be deemed a debt owed to the city by the person responsible for the event and, if minors, their parents or guardians. Any person owing such fees shall be liable in an action brought in the name of the city for recovery of such fees, including reasonable attorney fees.
(Code 1965, § 3134; Ord. No. 91-3)
If any portion of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it would have adopted this article irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
(Code 1965, § 3135; Ord. No. 91-3)
Secs. 66-47--66-70. Reserved.
ARTICLE III. CURFEW FOR MINORS
Sec. 66-71. Purpose and Intent.
(a) The City has a compelling interest in reducing the rate of juvenile crime and victimization. Minors are particularly vulnerable to violence and to the pressure to participate in criminal activity due to their limited ability to make critical decisions in an informed and mature manner. Enactment and enforcement of a daytime and nighttime juvenile curfew reduces the amount of juvenile crime and victimization.
(Code 1965, § 4100; Ord. No. 777; Ord. No. 95-4; Ord. No. 11-4)
(b) In addition to reducing the rate of juvenile crime and victimization, a daytime curfew also serves to promote the City's compelling interest in prohibiting daytime presence in public places by those subject to compulsory education. State law requires all persons between the ages of 6 and 18 to attend school. Regular school attendance provides important benefits not only to the students themselves but also to the health, safety, and welfare of all residents within the City.
(Ord. No. 11-4)
(c) The community as a whole suffers when a minor student is not attending school. Truancy also often leads to vandalism, petty theft, daytime burglaries, and other criminal activity. Truants often tend to loiter in and about public places. Frequently, persons going about their lawful business as well as public property become targets of the delinquent behavior of truants when they should be in school.
(Ord. No. 11-4)
(d) This Article is intended to assist with the policing of public places in the City during specified daytime and nighttime hours, and the prevention of crimes by and against minors during those hours. It is not intended to interfere with or supersede the enforcement of state laws regulating education or truancy or with the Mt. Diablo Unified School District's truancy programs. Rather, this Article is intended to provide the City with an additional proactive intervention tool to protect youth and prevent crime.
(Ord. No. 11-4)
The following definitions shall govern the application and interpretation of the curfew regulations set forth in this article.
(Code 1965, § 4101; Ord. No. 777; Ord. No. 95-4; Ord. No. 11-4)
Nighttime Curfew hours. The hours between midnight to 5:00 a.m. for minors.
(Ord. No. 11-4)
Daytime Curfew hours. The period of the minor's regular scheduled school hours when the minor's school is in session.
(Ord. No. 11-4)
Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. "Emergency" includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(Ord. No. 11-4)
Errand. A trip to carry a message or do a definite lawful thing.
(Ord. No. 11-4)
Guardian.
(1) A person who, under court order, is the guardian of the person of a minor; or
(Ord. No. 11-4)
(2) A public or private agency with whom a minor has been placed by a court; or
(Ord. No. 11-4)
(3) A person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
(Ord. No. 11-4)
Minor. Any person under 18 years of age.
(Ord. No. 11-4)
Parent. A person who is a natural parent, adoptive parent, or step-parent of a minor.
(Ord. No. 11-4)
Public place. Any place to which the public has access, including, but not limited to, streets, roads, alleys, trails, sidewalks, parks, recreational areas, public grounds or buildings, vacant lots or buildings, common areas of a school (except during regular school hours), office buildings, transport facilities, restaurants, retail establishments, places of amusement, parking lots, or other unsupervised places.
(Ord. No. 11-4)
Responsible adult. A person at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
(Ord. No. 11-4)
Sec. 66-73. Daytime and nighttime curfew and prohibitions.
Except as provided in section 66-74 below:
(Code 1965, § 4102; Ord. No. 120; Ord. No. 95-4; Ord. No. 11-4)
(1) Nighttime curfew. Every minor who is present in, about, or upon any public place during nighttime curfew hours is guilty of an infraction.
(Code 1965, § 4102; Ord. No. 95-4; Ord. No. 11-4)
(2) Daytime curfew. Every minor who is subject to compulsory education or to compulsory continuation education who is not in possession of a valid, school issued, off-campus permit giving permission to leave campus or not receiving instruction by a qualified tutor pursuant to Education Code §48224 or not otherwise exempt from attendance at a public or private full-time day school as set forth in the California Education Code, who is present in, about, or on any public place during the daytime curfew hours is guilty of an infraction.
(Code 1965, § 4102; Ord. No. 95-4; Ord. No. 11-4)
(3) Every parent or guardian who knowingly allows or permits a minor to violate any provision of this section is guilty of an infraction.
(Code 1965, § 4102; Ord. No. 95-4; Ord. No. 11-4)
The provisions of section 66-73 shall not apply when:
(Code 1965, § 4103; Ord. No. 120; Ord. No. 95-4; Ord. No. 11-4)
(1) The minor is coming directly home from a public meeting, or a place of public entertainment, such as a movie, play, or sporting event. This exception will apply for one-half hour after completion of the event. This exception shall apply to nighttime curfew only;
(Ord. No. 11-4)
(2) The minor is exercising his First Amendment rights protected by the United States or California Constitutions. This exception shall apply to nighttime curfew only.
(Ord. No. 11-4)
(3) The minor is authorized to be absent from his or her school pursuant to applicable school rules, or under the provisions of the California Educational Code or any applicable state or federal law. This exception shall apply to daytime curfew only.
(Ord. No. 11-4)
(4) The minor is receiving home or private school instruction pursuant to California Education Code Section §48222. This exception shall apply to daytime curfew only.
(Ord. No. 11-4)
(5) The minor is legally employed for the period from one-half hour before to one-half hour after work, while going directly between his home and place of employment. This exception shall also apply if the minor is in a public place during curfew hours in the course of his employment, provided the minor carries a written statement from the employer attesting to the place and hours of employment.
(Ord. No. 11-4)
(6) The minor is accompanied by his parent, guardian or responsible adult;
(Ord. No. 11-4)
(7) The minor is on the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to his residence.
(Ord. No. 11-4)
(8) The minor is engaged in an errand directed by his parent or guardian, or by his or her spouse who is 18 years of age or older;
(Ord. No. 11-4)
(9) The minor is attending an official school, religious or other cultural, educational or recreational activity supervised by adults and sponsored by the City of Concord, a civic organization, or another similar entity or organization that takes responsibility for the minor, or going to or returning home from, without any detour or stop, any official school, religious, or other cultural, educational or recreational activity supervised by adults and sponsored by the City of Concord, a civic organization, or another similar entity or organization that takes responsibility for the minor;
(Ord. No. 11-4)
(10) The minor is responding to or acting pursuant to an emergency;
(Ord. No. 11-4)
(11) The minor is in a motor vehicle involved in interstate travel;
(Ord. No. 11-4)
(12) The minor is emancipated in accordance with the California Family Code or other state or federal law.
(Ord. No. 11-4)
(13) The minor is going to or coming directly from a school-approved or school related business, trade, profession, occupation or program in which the minor is lawfully engaged, such as a work study or work experience program, subject to verification by a proper school authority.
(Ord. No. 11-4)
(14) The minor is going directly to or from an event or activity that is directly related to any medical condition of a parent, guardian or spouse who is 18 years or older.
(Ord. No. 11-4)
(a) A police officer, upon reasonable cause based on articulable facts that an individual is in violation of the curfew regulations, shall detain that individual, ascertain whether the individual is a minor, and if so, determine if the minor has a legitimate reason based on the exceptions detailed in section 66-74 for being in apparent violation of the curfew regulations set forth in this Article.
(Ord. No. 11-4)
(1) Upon the first violation of the curfew regulations, the police officer shall issue to the minor a warning citation regarding the consequences of a subsequent violation. The Chief of Police or his designee shall mail to the parents or legal guardian of the minor a notification that the minor has been found in violation of curfew regulations, and that any subsequent violation of section 66-73 shall result in the issuance of an infraction to the inor and/or the parents or legal guardian. This notice shall require the parents or legal guardian to sign and return the notification and include space for the explanation of any circumstances relevant to any applicable exception from section 66-73.
(Ord. No. 11-4)
(2) Upon any subsequent violation of section 66-73, the minor and/or the parents or guardian of the minor shall be charged with an infraction, a conviction of which shall be punished by:
(Ord. No. 11-4)
a. A fine not exceeding $100 for the first violation;
(Ord. No. 11-4)
b. A fine not exceeding $200 for the second violation within the same twelve (12) month period;
(Ord. No. 11-4)
c. A fine not exceeding $500 for each addition violation within the same twelve (12) month period.
(Ord. No. 11-4)
(3) This section shall not be construed to abridge the authority of a police officer to assume temporary custody, during school hours, of any minor subject to compulsory full time education or compulsory continuing education found away from his or her home and who is absent from school without a valid excuse, and return such minor to their school of registration, pursuant to California Education Code §§ 48264 and 48265.
(Ord. No. 11-4)
(4) This section shall not be construed to limit the authority of the court to render any disposition authorized by Welfare and Institutions Code Section 258, subdivision (a), or any other provision of the Juvenile Court Law.
(Ord. No. 11-4)
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Article or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Article. The City Council hereby declares that it would have adopted this Article, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.
(Ord. No. 11-4)
Secs. 66-77--66-100. Reserved.
ARTICLE IV. ALCOHOLIC BEVERAGES IN PUBLIC PLACES AND PLACES OPEN TO THE PUBLIC*
__________
*Cross references: Streets, sidewalks, and other public places, ch. 90.
__________
Sec. 66-101. Possession and consumption prohibited in certain places.
Except as provided in section 66-102, it shall be unlawful for any person to consume, drink, exhibit, or possess an open container of any alcoholic or intoxicating beverage in any quantity in the following public places, places open to the public and places open to public view:
(Code 1965, § 4250; Ord. No. 1103; Ord. No. 88-19)
(1) On any public street, sidewalk, way, or alley, or in any public parking lot, public park, or recreation area in the city;
(Code 1965, § 4250; Ord. No. 88-19)
(2) On the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee; and
(Code 1965, § 4250; Ord. No. 88-19)
(3) On other private property open to the public, including but not limited to parking lots and shopping centers, where the sale of alcoholic beverages has not been licensed;
(Code 1965, § 4250; Ord. No. 88-19)
(4) On a private drive, stairway, doorway, or other private property open to public view without the express permission of the owner, his agent, or the person in lawful possession thereof.
(Code 1965, § 4250; Ord. No. 88-19)
The provisions of section 66-101 shall not apply to the consumption, drinking, exhibition, or possession of an open container of alcoholic or intoxicating beverages in a public park or recreation area under one or more of the following conditions:
(Code 1965, § 4251; Ord. No. 1103)
(1) Where the sale of alcoholic beverages has been approved or licensed for the public park or recreation area by the state Department of Alcoholic Beverage Control;
(Code 1965, § 4251; Ord. No. 1103)
(2) Where, at least 24 hours before using the park or recreation area, a written permit to possess alcoholic or intoxicating beverages in a specific public park or recreation area has been obtained from the city and the fee established by the Resolution Establishing Fees and Charges for Various Municipal Services of the city for said permit has been paid;
(Code 1965, § 4251; Ord. No. 1103; Ord. No. 1228)
(3) The use or activity in the park or recreation area is sponsored or authorized by the city.
(Code 1965, § 4251; Ord. No. 1103)
Licensed shall be defined pursuant to Business and Professions Code § 23044.
(Code 1965, § 4252; Ord. No. 1103)
Open container. The definition of "open container" shall include, but is not limited to, any bottle, can, thermal jar or jug, vessel, or other receptacle which is open, has been opened, or which has a seal broken, or the contents of which have been partially removed.
(Code 1965, § 4252; Ord. No. 1103)
Cross references: Definitions generally, § 1-10.
If any provision or clause of this article or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision of application; and to this end, the provisions of this article are declared severable.
(Code 1965, § 4253; Ord. No. 1103)
Secs. 66-105--66-130. Reserved.
ARTICLE V. EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS IN ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES
A person is guilty of a misdemeanor who, while acting as a waiter, waitress, or entertainer in an establishment which serves alcoholic beverages for consumption on the premises of such establishment:
(Code 1965, § 4810; Ord. No. 941; Ord. No. 1251)
(1) Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region, or pubic hair region;
(Code 1965, § 4810; Ord. No. 941; Ord. No. 1251)
(2) Exposes any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region, or pubic hair region; or
(Code 1965, § 4810; Ord. No. 941; Ord. No. 1251)
(3) Exposes any portion of the female breast at or below the areola thereof.
(Code 1965, § 4810; Ord. No. 941; Ord. No. 1251)
Sec. 66-132. Causing or assisting violation.
A person is guilty of a misdemeanor who causes, permits, procures, counsels, or assists a person to expose or simulate the exposure prohibited in section 66-131.
(Code 1965, § 4811; Ord. No. 941)
Sec. 66-133. Applicability to persons not employed or paid by management.
A person is considered a waiter, waitress, or entertainer if he acts in that capacity without regard to whether or not he is entitled to compensation by the management of the establishment in which the activity is performed.
(Code 1965, § 4812; Ord. No. 941)
Sections 66-131 through 66-133 of this article do not apply to any establishment not serving alcoholic beverages for consumption on the premises or to any theater. For the purpose of this article, "theater" means a building, room, hall, or place having a permanent stage upon which movable scenery and theatrical performances are given and permanently affixed seats that are so arranged that a body of spectators have an unobstructed view.
(Code 1965, § 4815; Ord. No. 941; Ord. No. 1251)
Secs. 66-135--66-160. Reserved.
ARTICLE VI. LASER POINTERS
Entertainment event. Any live music, theatrical, or other acting performance or a screen showing of a music, theatrical, or other acting performance.
(Code 1965, § 4964; Ord. No. 99-11)
Laser pointer. Any handheld laser beam device that is not designed for use as an attachment to a firearm or for use in a medical procedure.
(Code 1965, § 4964; Ord. No. 99-11)
Cross references: Definitions generally, § 1-10.
Sec. 66-162. Directing laser beam at entertainment event.
No person shall intentionally focus or direct the beam from a laser pointer at a person performing in or a screen at an entertainment event in such a way so as to cause a disruption of the entertainment event.
(Code 1965, § 4965; Ord. No. 99-11)
Sec. 66-163. Violations; penalty.
Violation of any provision of this article shall be an infraction punishable by section 1-22 of this Code.
(Code 1965, § 4966; Ord. No. 99-11)
Secs. 66-164--66-190. Reserved.
ARTICLE VII. AUTOMATIC COMMUNICATION DEVICES DIALING CITY OFFICES OR POLICE DEPARTMENT
Sec. 66-191. "Automatic communication device" defined.
"Automatic communication device" shall mean any device or combination of devices that will, upon activation, either mechanically, electrically, automatically, or by any other means initiate the intrastate calling, dialing, or connection to a number, line, or instrument.
(Code 1965, § 6617; Ord. No. 875)
Cross references: Definitions generally, § 1-10.
It shall be unlawful for any person to use or operate, cause to be used or operated, arrange, adjust, program, or otherwise provide or install any automatic communication device which shall initiate the intrastate calling, dialing, or connection to any telephone number, line, or instrument assigned to the city or its Police Department without the city's prior written consent.
(Code 1965, § 6618; Ord. No. 875)
Sec. 66-193. Withdrawal of consent by city.
The city may withdraw its consent by written notice to the person to whom the consent was given and such person shall have the device(s) disconnected within seven days of receipt of said written notice of withdrawal.
(Code 1965, § 6619; Ord. No. 875)
Sec. 66-194. "Telephone number" defined.
The term "telephone number" includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with the subscriber to the primary number(s) when said number(s) are in use.
(Code 1965, § 6620; Ord. No. 875)
Cross references: Definitions generally, § 1-10.
Secs. 66-195--66-220. Reserved.
ARTICLE VIII. CANALS
As used in this article, the word "canal" means any artificial open watercourse within the city used for the transportation of water, any portion of which is used for the supply of the inhabitants of any city or town.
(Code 1965, § 4165; Ord. No. 831; Ord. No. 1154)
Cross references: Definitions generally, § 1-10.
Sec. 66-222. Prohibited uses; depositing dirt, rubbish or other material.
It shall be unlawful for any person to swim, wade, bathe, play, or fish in any canal, or to throw, place, or cause to be placed in any canal, rock, dirt, rubbish, or any other material or thing not reasonably necessary to the use, operation, or maintenance of such canal.
(Code 1965, § 4166; Ord. No. 831; Ord. No. 1154)
Cross references: Solid waste, ch. 82.
Sec. 66-223. Trespass on lands appurtenant to canal.
It shall be unlawful for any person to enter, be, loiter, or play on any lands, roadways, or structures appurtenant to or part of the right-of-way of any canal within any fence or railing, or, in areas where there be no fence or railing, within 30 feet of the nearest edge of any canal.
(Code 1965, § 4167; Ord. No. 831; Ord. No. 1154)
Section 66-223 shall not apply to persons and their duly authorized agents, servants, and employees operating, maintaining, repairing, or inspecting such canal, or engaged in the lawful removal of water therefrom, or engaged in enforcing the provisions of this article, nor shall it apply to any city employee, agent, or representative in the duly authorized performance of their duties which require them to be in or upon the lands, roadways, or structures appurtenant to the canal.
(Code 1965, § 4168; Ord. No. 831; Ord. No. 1154)