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AGENDA REPORT
UNFINISHED BUSINESS
DATE: January 9, 1990
SUBJECT: PUBLIC PEACE AND WELFARE CODE
Ordinance Number: 89-29
DEPARTMENT: City -Manager
BACKGROUND:
City Manager Approval
Item to be presented by:
Ken�P/u�lskam
Staff continues to proceed with the development of the City's Municipal Code.
The next section to be considered by the City Council is the Public Peace and
Welfare section of the Code. This section deals largely with false alarms,
signs in the right-of-way, alcoholic beverages and gambling, peddling on
highways, noise, and weapons.
Some of the major changes from the County Code include the following:
1. The alarm ordinance has been improved by making two (rather than three)
false alarms in any twelve-month period a nuisance. Additionally, the City
has been exempted from the prohibition on direct -dial telephone devices to the
police station.
2 The proposed section removes from the County Code language dealing with
the prohibition of nudity at beaches, a prohibition on the use of white canes,
a prohibition of diving off of wharves and piers and several other sections
which have no relevant application in the City of Santa Clarita.
3. The curfew provision for minors has been removed from this portion of
the Code to be consistent with.the previous direction provided by the City
Council. Staff has, however, been informed by the Sheriff's Department that
they would like to see this language included in the Code.
4. Shooting districts established in the County Code have been removed.
5. A new section on noise limitations has been included. Staff will make a
presentation on this section at the Council meeting.
6: A subsection has been included making it a misdemeanor to sell or give
aerosol cans of paint to minors.
Agenda Itern:
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AGENDA REPORT
Page 2
This section of the Code has been reviewed by appropriate staff members. All
of staff's comments have been included in the Code section. All are .in
agreement with, the language with the exception of the curfew language
described above.
RECOMMENDATION:
It is recommended that the City Council conduct first reading of this
ordinance and direct staff to bring this ordinance back to the City Council on
January 23, 1990.
ATTACHMENT:
Ordinance No. 89-29
0 ORDINANCE NO. 89-29
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE TO ADD
TITLE 11 RELATING TO PUBLIC PEACE AND WELFARE
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. The Municipal Code for the City of Santa Clarita is
amended to add Title 11, Public Peace and Welfare, to read as follows:
TITLE 11
rPUBLIC PEACE AND WELFARE
Chapter 11.05
BURGLAR AND ROBBERY ALARMS
11.05.030 Definitions. As used in this chapter, the
words hereinafter defined are used as so defined unless it is
apparent from the context that a different meaning is intended.
A. "Alarm owner" means the person who owns, leases, rents,
uses or makes available for use by his agents, employees,
representatives or family, any alarm system.
B. "Alarm system" means anv device, whether known as a
burglary, robbery or intrusion alarm, direct -dial telephone
device, audible or silent alarm, or by any other name, which is
used for the detection of an unauthorized entry into a building,
structure or facility, or to signal the commission of an unlawful
act. It shall include those devices which emit a signal within
the protected premises only, are supervised by the proprietor of
the premises where located, and are otherwise known as
"proprietary alarm systems." Auxiliary devices installed by a
telephone company to protect telephone company systems which
might by damaged or disrupted by the use of an alarm system are
not included in this definition.
C. "Audible alarm" means a device designed to notify
persons in the immediate vicinity of a protected premises, by
emission of an audible sound, of an unauthorized entry on the
premises or of the commission of an unlawful act.
D. "Direct -dial device" means a device which is connected
to a telephone line and upon activation of an alarm system,
automatically dials a predetermined telephone number and
transmits a message or signal indicating a need for emergency
response.
E. "False alarm" means an alarm signalactivated by causes '
other than the commission or attempted commission of an unlawful
act which the alarm system is designed to detect. An alarm signal
activated by violent conditions of nature or other extraordinary
circumstances not subject to the control of the alarm owner shall
not constitute a false alarm.
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11.05.040 Audible Alarms - Identification of Owner -
Operation. For every audible alarm, the alarm owner thereof
shall post the names and telephone numbers of persons to be
notified to render repairs or service during any hour of the day
or night during which the audible alarm is operated. An audible
alarm shall terminate its operation or the audiblealarm shall
automatically reset within 30 minutes of its being activated.
11.05.050 Direct -Dial Telephone Devices Prohibited
When. No person or other entity, except the City, shall use any
alarm system which is equipped with a direct -dial device, and
which when activated, automatically dials any telephone number in
any office of the sheriff.
11.05.060 False alarm - Prohibited - Exception.
A. A person shall not knowingly turn in a false alarm.
This section does not prohibit a test of an alarm system as
permitted in advance by the sheriff.
B. Violation of this section is a misdemeanor.
11.05.070 False Alarms - Owner Responsibility. After
any false alarm, the alarm owner shall, upon request by the
sheriff, submit a written report to the sheriff describing
actions taken or to be taken to eliminate the cause of the false
alarms. This report shall be submitted within 10 days of the date
of request by the sheriff.
11.05.080 Maintaining a Public Nuisance Alarm. An
alarm owner shall not operate an alarm system which generates
more than two falze alarms in any 12 -month period.
11.05.090 Exemptions from Applicability. The
provisions of Sections 11.05.040 through 11.05.080 are not
applicable to audible alarms affixed to motor vehicles or to a
public telephone utility whose only duty is to furnish telephone
service pursuant to tariffs on file with California Public
Utilities Commission.
11.05.100 Violation - Deemed Infraction - Penalty. Any
person violating any of the provisions of this chapter other than
Section 11.05.060 is guilty of an infraction, which is punishable
by a fine not exceeding $250.00.
11.05.110 Violation - Corrective Action - Nuisance
Alarms - Prosecution. Violations or this chapter may be
prosecuted in the same manner as any other infraction. However,
upon the first violation of Section 11.05.080, the sheriff shall
serve a written notice on the violator describing the violation
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and specifying that the causes_ of the violation shall be
corrected within 10 days of the date of service of the written
notice. No further action shall be taken, provided that the
sheriff determines that the causes of the violation have been
removed or fully corrected within the time _period specified in
this section.
11.05.120 Severability. If any provision or clause of
the ordinance codified in this chapter, or application thereof to
any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of the ordinance
which can be given effect without the invalid _provision or
application, and to this end the provisions of the ordinance are
declared to be severable.
Chapter 11.12
INTERFERENCE WITH CITY PROPERTY OR NOTICES
11.12.010 Removina or Defacinq Official Notices
Prohibited - Exception. No person shall intentionally deface,
tear down, obliterate or destroy any copy, transcript or extract
of or from any ordinance of the City which shall be posted in, on
or along any highway or other public place, or any proclamation,
advertisement or notice set up at any place by authority of any
ordinance of the City, before the expiration of the time in which
such proclamation, advertisement or notice was to remain set up.
11.12.020 Violation - penalty. Violation of Section
11.12.010 is an infraction punishable by a fine not exceeding
$250.00.
11.12.030 Posting Signs and Defacing Property
Prohibited When. No person shall paint, post, attach or affix
any handbill, dodger, notice, sign or advertisement upon or to
any bridge, fence, building, traffic signals, step signs or other
property belonging to the City, or any tree situated in any
public highway of the City, or in any public right of way; and no
person shall deface, mar or disfigure any bridge, fence, building
or other structure belonging to the City, or any tree situated in
any public highway of the City, by painting, cutting, scratching
or breaking the same or attaching or affixing anything thereto.
11.12.040 Siqns or Billboards on Public Highways
Prohibited Exceptions. No person shall erect, construct, place
or maintain any signboard, billboard, sign or.advertisement in,
over or on any public highway or other public right of way of the
City.
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11.12.050 Paint in Aerosol Cans Prohibited When.
A. A person, other than a Citv agent, official or
employee, shall not carry any aerosol can of paint into or upon
any city -owned building, grounds, park or other facility without
the permission of the city officer in charge. For the purposes
of this section, a public highway is not a'city-owned facility.
B. No person shall sell, exchange, give or loan, or permit
to be sold, exchanged, given or loaned, any pressurized can
containing any substance commonly known as paint or dye to anyone
under the age of eighteen (18) years, unless such person be the
parent, legal guardian, employer or state -credentialed teacher of
the minor. No person under the age of eighteen (18) years of age
shall purchase -any pressurized can containing paint or dye except
from his or her parent, legal guardian, employer or state -
credentialed teacher.
C. Violation of this section is a misdemeanor.
11.12.060 Removal of Unauthorized Sians. The sheriff
or an anent of the Department of Communitv Develooment shall
remove or cause to be removed every handbill, dodger, notice,
sign or advertisement painted, posted, attached or affixed
contrary to the provisions of Sections 11.12.030 or 11.12.040.
11.12.070 Violation - Penalty. Any person violating
any of the provisions of this chapter is guilty of an infraction
which is punishable by a fine not exceeding $250.00.
Chapter 11.18
ALCOHOLIC BEVERAGES
Part 1
PUBLIC DRINKING
11.18.010 Drinking in Public Deemed Misdemeanor -
Exceptions. Every person who consumes any beer, wine or other
intoxicating beverage on any public street, sidewalk, alley,
highway or parking lot open to the public is guilty of a
misdemeanor. This section shall not be deemed to proscribe any
act which is positively permitted or prohibited by any law of the
state of California.
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Part 2
DRINKING AT PUBLIC SCHOOLS
11.18.020 Alcoholic Beverage Defined. "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.
11.18.030 Consuming Alcoholic Beverages Prohibited at
Schools and Athletic Events. Every person who enters, goes onto
or remains on the premises of any public school in the city, or
any_stadium.or athletic field while being used by any public
school for any athletic contest, while such Person is consuming
alcoholic beverages, is cuilty of a misdemeanor.
Part 3
POSSESSION OF OPENED ALCOHOLIC BEVERAGE RECEPTACLES
11.18.040 Possessing Opened Alcoholic Beverage
Receptacle Prohibited at or Near Off -Sale :iauor Estabiishments.
A. No person who has in his or her possession any bottle,
can or other receptacle containing anv_ alcoholic beverage .which
has been opened, or a seal broken, 0r the contents or wh1cn nave
been partially removed,`shall enter, be, or remain on ^e o_osted
premises of, including the oosted narking ict Immediately
adjacent to, any retail Package off -sale alcchoiic beverage
licensee licensed Pursuant to Division 9 (commencing with Section
23000) of the Business and Profession Code, or on anv Public
sidewalk immediately adjacent to the licensed and posted
premises.
B. As used in subsection A of this section, "posted
premises" means those premises which are subject to licensure
under any retail package off -sale alcoholic beverage license, the
parking lot immediately adjacent to the _icensed premises on
which clearly visible notices indicate to the _patrons of the
licensee and parking lot and to persons on the public sidewalk,
that the provisions of subsection A of this section are
applicable.
C. Pursuant to subsection B of this section, off -sale
liquor store establishments are required to post a sign on the
premises advising patrons of subsection A of this section. The
sign shall be in a conspicuous place and readily observable. It
should be 18 inches by 24 inches in size and read as follows: "I.t
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is an infraction for any person who possesses any bottle, can or
other receptacle containing any alcoholic beverage which has been
opened, or the seal broken, or the contents of which have been
partially removed, to enter, be, or remain on the premises of,
including the parking lot of such liquor store establishment or
the public sidewalk immediately adjacent to it."
11.18.050 Exception. The provisions of this section
shall not apply to a private, residential parking lot which is
immediately adjacent to the posted premises.
11.18.060 Violation - Penalty. Any person who violates
any provision of subsection A of Section 11.18.100 is guilty of
an infraction and is punishable by:
A. A fine of $50.00 for a first violation;
B. A fine of $100.00 for a second violation;
C. A fine of $250.00 for each subsequent violation.
For a violation of subsection A of Section 11.18.040 to
occur, the posting of a sign in accordance with the provisions of
subsection B of Section !1.18.040 is required.
Chapter 11.20
GAMBLING AND RELATED ACTIVITIES
11.20.010 Person Defined. As used in this chapter,
"person" includes a person, firm and corporation.
11.20.020 Acts Regulated by State. The ordinance
codified in this chapter does not prohibit any act either
positively permitted or prohibited by state law.
11.20.030 Gambling Activities Prohibited. A person
shall not deal, play, carry on, or conduct:
A. Any game where players bet or wager money, checks,
credits or other things of value against each other; or
B. Anv game of chance for money, checks, credits or other
things of value.
11.20.040 Bettina and Wagering Prohibited. A person
shall not bet or wager at or on any game.
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11.20.050 Permitting Gambling Activities Prohibited
When. A person shall not knowingly permit any game prohibited by
this chapter to be played, conducted or dealt in any house or
other premises owned by, rented by, or in the lawful possession
of such person.
11.20.060 Attending Places Where Gambling Occurs
Prohibited. A person shall not resort to, attend, visit or be in
any house, room or other place in the city where there is any
gambling being conducted, played or carried on.
11.20.070 Gambling Paranhernalia - Destruction
Authorized When. The sheriff shall destroy anything which is
used, kept, placed or maintained in violation of any statute or
of the ordinance codified in this chapter or any other ordinance
after any person owning, possessing or having control of such
cards, game or thing has pleaded guilty to or has been convicted
of such violation, and such plea of guilty or conviction has
become final.
11.20.080 Monev Received Durina enforcement Procedure -
Deposit Recuirements. The sheriff shall deposit in the city
treasury to the credit of the general fund ail money received or
obtained in the enforcement of this chapter, after any person
owning, possessing or having control of such money_ has pleaded
guilty to or has been convicted of violating this chapter, and
such plea of guilty or conviction has become final.
11.20.090 Release of Cards, Games or Monev from Court
Custodv Authorized When. The sheriff shall apply to the Judge of
any court which has custody of anything subject to destruction or
money subject to deposit in the general fund under to terms of
Sections 11.20.070 through 11.20.090 of this c"apter, the
disposition of which is not otherwise provided for by state law,
for an order releasing such cards, game, things, or money to him
for the purpose of complying with this chapter.
11.20.100 Premises Deemed Nuisance ,when - Abatement.
Any premises occupied for the purpose of, or used for the purpose
of conducting the business of illegal gambling as prohibited by
this chapter is a public nuisance and may be abated as such by
action brought by the City Attorney.
11.20.110 Violation - Penalty. Every person violating
any provision of this chapter is guilty of a misdemeanor.
11.20.120 Severability. If any provision of this
chapter, or the application thereof to any person or circumstance
is held invalid, the remainder of the chapter, and the
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application of such provision to other persons or circumstances,
shall not be affected thereby.
Chapter 11.22
NUDE PERFORMERS AND WAITERS
Part 1
INDECENT EXPOSURE
11.22.010 Statutory Authoritv for Part 1 Provisions -
Definitions. The ordinance codified in this Part 1 is adopted
pursuant to Sections 318.5 and 318.6 of the Penal Code. All words
used in this Part 1 which also are used in said Sections 318.5
and 318.6 are used in the same sense and mean the same as the
same respective words used in the said Sections 318.5 and 318.6
of the Penal Code.
11.22.020 Acts Constituting Misdemeanors Designated.
Every person is guilty of a misdemeanor who:
A. Exposes his or her private parts or buttocks or employs
any device or covering which is intended to simulate the private
parts or pubic hair while participating in anv live act,
demonstration or exhibition in any public place, ciace open to
the public or place open to public view, or while servJnq =cod or
drink or both to any customer; or
B. Permits, procures or assists any person to so expose
himself or herself, or to employ any such device.
11.22.030 Exceptions to Part I Applicability. This
Part 1 does not apply to:
A. A theater, concert hall or similar establishment which
is primarily devoted to theatrical performances;
B. Any.act authorized or prohibited by any state statute.
11.22.040 Violation - Penalty. A violation of this
Part 1 is a misdemeanor.
11.22.050 Severability. If any provision or clause of
this Part 1 or'application thereof to any person or circumstances
is held invalid, such invalidity shall not affect other
provisions or applications of this Part 1 which can be given
effect without the invalid provision or application, and to this
end the provisions of this Part 1 are declared to be severable.
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_ Part 2
FEMALE PERFORMERS AND WAITRESSES
11.22.060 Statutory Authority for Part 2 Provisions -
Definitions. The ordinance codified in this Part 2 is adopted
pursuant to Sections 318.5 and 318.6 of the Penal Code. All words
used in this Part 2, which also are used in the said Sections
318.5 and 318.6, are used in the same sense and mean the same as
the same respective words used in the said Sections 318.5 and
318.6 of the Penal Code.
11.22.070 Acts Constitutina Misdemeanors Designated.
Every female is guilty of -a misdemeanor who, while participating
irilOy live act, demonstration or exhibition in any public place,
place open to the public or place open to public view, or while
serving food or drink or both to any customer:
A. Exposes any portion of either breast below a straight
line so drawn that both nipples, and ail portions of both breasts
which have a different pigmentation than that of the main oortion
of the breasts, are below such straight line, or
B. Employs any device or covering which is intended to
simulate such portions of the breast; or
C. Wears any 'type of clothing so that any portion of such
part of the breast may be observed.
11.22.080 Counseling or Assisting Prohibited Acts
Deemed Misdemeanor. Every person is guilty of a misdemeanor who
permits, counsels or assists any person to violate any provision
of this Part 2.
11.22.090 Exceptions to Part 2 Aooiicability. This
Part 2 does not apply to:
A. A theater, concert hall or similar establishment which
is primarily devoted to theatrical performances;
B. Any act authorized or prohibited by any state statute.
11.22.100 Violation - Penalty. A violation of this
Part 2 is a misdemeanor.
11.22.110 Severability. If any provision or clause of
this Part 2 or application thereof to any person or circumstances
is held invalid, such invalidity shall not affect other
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provisions,or applications of this Part 2 which can be given
effect without the invalid provision or application, and to this
end -he provisions of this Part 2 are declared to be severable.
Chapter 11.26
PUBLIC RESTROOMS
11.26.010 Public Restroom Defined. A "public restroom"
is defined as any structure or facility situated on public or
private property equipped with toilets, urinals or washbowls, or
other similar facilities, erected and maintained for use by
members of the general public for personal hygiene and comfort.
11.26.020 Enterinu Restroom Marked for Use by Opposite
Sex Prohibited.
A. No male shall knowingly enter a public restroom marked
for the use of females.
B. No -female shall knowingly enter a public restroom
marked for the use of males.
11.26.030 Sign Recruirements. All public restrooms
maintained for the exclusive use of either males or females shall
be marked in a manner so as to give appropriate notice to members
of the oublic that the facility is for the exclusive use of males
or females. The markings or signs may be written in the English
language or may be of other customary design giving reasonable
notice of the exclusive use of that facility.
11.26.040 Exceptions to Chapter Applicability.
A. This,chapter shall not apply to those restrooms within
the City that are designed, erected and maintained so as to
accommodate only one person at a time and are equipped with an
appropriate locking device so as to preclude multiple use.
B. Section 11.26.020 of this chapter shall not apply to
minors under the age of seven years when accompanied by a
responsible adult charged with the care of suct, minor, any person
employed to perform janitorial or maintenance duties in public
restrooms, or anv public officer while in the performance of his
official duties.
C. Section 11.52.020 of this chapter shall not apply to
physically or mentally handicapped persons or to those assisting
such persons.
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11.26.050 Violation - Penalty. Violation of this
chapter shall be deemed a.misdemeanor.
11.26.060 Severabilitv. If any provision of this
chapter or the application thereof to any person or circumstance
is held invalid, the remainder of the chapter and the application
of such provision to other persons or circumstances shall not be,
affected therebv.
Chanter 11.38
PEDDLING ON HIGHWAYS
11.38.170 Peddlinq on Highways -.Location Restrictions.
It is unlawful for any person engaged in the business of
peddling or selling " auids or edibles for human consumption from
wagons or other vehicles, or anv traveling merchant, hawkster or
peddler of goods, wares or merchandise who uses a wagon or other
vehicle and who holds a license to engage in any said business in
the city, to carry on or conduct anv said business upon any
portion of a public hichwav located within any canyon or within
anv mountainous section of the City, or adjacent to any portion
of any said public highway located as above mentioned, except
that any said business may be carried on at a place adjacent to a
portion of a public highway located as above specified where
there is sufficient parking space at said place off the highway
to accommodate at least 10 vehicles of persons who may stop for
the purpose of making purchases from anv person conducting any
business above mentioned.
11.38.180 Violation - Penalty. Violation of this
Chapter 11.38 is an infraction, punishable bv:
A. A fine not exceeding $50.00 for a first violation;
3. A fine not exceeding $100.00 for a second violation
within one year;
C. A fine not exceeding $250.00 for each additional
violation within one year.
Chanter 11.40
NOISY STREET HAWKING AND ADVERTISING
11.40.010 Noisv Hawking and Advertising Prohibited
;where. A person shall not, upon any highway or sidewalk, or in
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any doorway or entrance to any building opening into any such
highway or sidewalk not set back at least 10 feet from the .front
property line, make any loud or raucous noise by using any
loudsoeaker, blowing anv bugle, horn or trumpet, or by beating
any drum, or ringing any oell, or in anv other manner, for the
purpose of advertising, announcing or calling attention to any
goods, wares or merchandise, or for the purpose of advertising,
announcing or calling attention to any show, exhibition,
entertainment or event.
11.40.020 Violation - Penalty. Any person violating
any of the provisions of this chapter is guilty of an infraction,
which is punishable by a fine not exceeding $250.00.
11.40.030 Severability. If any portion of the
ordinance codified in this chapter or the application thereof to
anv person or circumstance is held invalid, the remainder of the
ordinance and the application of such provision to other persons
or circumstances shall not be affected thereby.
Chapter 11.41
CHARGING ADMISSION TO PARTIES
11.41.010 Definitions. As used in this chapter:
A. "Charge ad-issicn" -eans the demand and receipt of a
tangible benefit, monetary or otherwise, which is a motivating
influence for admission to the party. The customary courtesies
and clearly noncommercial activity such as gifts by guests,,
sharing of expenses for dinner and beverages, or reciprocal
hospitality, shall not be considered to be charge for admission.
"Charge admission" does not include a donation for a political,
charitable or religious purpose.
B. "Party" means a group of persons meeting together for
social, recreational or amusement purposes.
C. "Residential zone" means residential zones as defined
in the Zoning Ordinance for the City.
11.41.020 Charging Admission to Parties in Residential
Zones Prohibited. It is unlawful to charge admission to any
party conducted in a residential zone.
11.41.030 Violation - Penalty. Violation of this
chapter is a misdemeanor.
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Chapter 11.42
RECOVERY OF COSTS RELATED TO UNLAWFUL ASSEMBLIES AND
DISTURBANCES OF THE PEACE
11.42.010 Recovery of Costs Related to Unlawful
Assemblies and Disturbances of the Peace. If it is established
that (a) there was reasonable cause for a iaw enforcement officer
to have issued a notice and warning as set forth below to any
person or persons for actions in violation of Penal Code Section
415 and/or Section 407, (b) that such person or persons received
such a notice and warnina, (c) that within six months of the time
set forth in the notice and warnina, such person or persons were
found in violation of such sections and arrested or given a
citati-on therefor for-f_urthe_r such acts -at or-near'the location
set forth in the notice and warning, and (d) that the Gerson or
persons were found guilty of one or more of :he violations of
Penal Code Section 415 and/or Section 401 for which they were
arrested or given a citation, or found cuilty or one or more
violations of Penal Code Section 272 wherein an act or omission
caused, encouraged, persuaded or induced a minor to commit an
offense as defined in Penal Code Secticn 4,5 andjor Section 407;
then
1.The court imnosinq sentence on such oersc:^. may, as a
condition of probation, order such oerson to oav the reasonable
costs necessarily incurred by the City for law enforcement
officers resnondina to the incident which led to t e convictlon.
In doina so the court shall follow the procedures set 'orth in
Penal Code Section 1203.1(i), treating such costs as if they are
the costs of an emergency response; or
2. The reasonable costs necessarily incurred by the city
for law enforcement officers in respondinq to the incident which
led to a conviction shall be a charge against the person or
persons convicted. The charge constitutes a debt of such person
or persons and is collectible by the City in t^:e same manner as
ir. -he case of an obligation under a contract. Prior to
initiatina an action to collect any such debt the City shall
provide such person or persons a Dill itemizing the charges and
afford them at least 60 days to pav the bill.
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NOTICE AND WARNING
On at
a.m./p.m.
(date) (time)
at
(address)
you were warned by
(name of enforcement officer)
that your actions were in violation of Penal Code Section 415
and/or Section 407 and that if, within six (6) months of the time
set forth above, you were found in violation of such sections and
arrested or given a citation, or found guilty of further such
acts at or near the location set forth above you may be required
to pay the reasonable costs necessarily incurred by the Citv for
law enforcement officers in responding to the incident which led
to your arrest, citation or conviction.
Chapter 11.44
NOISE LIMITS
11.44.010. Declaration Of Policv.
It is hereby declared to be the policy of the City to
prohibit unnecessary, excessive and annoying noises from all
sources subject to its police power. At certain levels noises
are detrimentai to the health and welfare of the citizenry, and,
in the public interests, such noises levels shall be
systematically proscribed.
11.44.020. Definitions.
Unless the context otherwise clearly indicates, the words
and phrases used in this chapter are defined as follows:
A. Commercial purpose. "Commercial purpose" shall mean and
include the use, operation or maintenance of any sound -amplifying
equipment for the purpose of advertising any business, or any
goods, or any services, or for the purpose of attracting the
attention of the public to, or advertising for, or soliciting
patronage or customers to or for any performance, show, enter-
tainment, exhibition or event, for the purpose of demonstrating
any such sound equipment.
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B. Day. "Day" shall mean the time period from 7:00 a.m. to
9:00 p..m.
C.-_aecibeT. "Decibel' (dB) shall mean a unit for
expressing the ratio between two (2) quantities of acoustical
signal powers; the number of decibels corresponding to the ratio
of two (2) amounts of power is ten (10) times the logarithm to _
the base ten (10) of this ratio.
D. emergency work. "Emergency work" shall mean work made
necessary to restore property to a safe condition following a
public calamity, or work required to protect persons or property
from an imminent exposure to danger, or work by private or public
utilities when restoring utility service.
E. Impulsive sound. "Impulsive sound" means a short -
duration sound (such as might be oroduced by the impact of a drop
hammer or a pile driver) with one (1) seccna or less duration.
F. Motor vehicles. "Motor vehicles" shall include, but not
be limited to, automobiles, trucks, motorcycles, minibikes and
go-carts.
G. Niaht. "Nicht" shall mean the time period from
9:00 p.m. to 7:00 a.m.
Sound. "Sound" is the sensation perceived by the sense
of hearing. For the purpose of this chapter, the term "sound"
and "noise" shall be used synonymously.
I. Noncommercial ourpose. "Noncommercial ouroose" shall
mean the use, operation or maintenance of any sound equipment for
other than a commercial purpose. "Noncommercial purpose" shall
mean and include, but shall not be limited to, philanthropic,
political, patriotic and charitable purpcses.
7. Person. "Person" shall mean a person, firm,
association, copartnership, joint venture, corporation, or any
entity, public or private, in nature.
K. Sound -amplifying equipment. "Sound -amplifying
equipment" shall mean any machine or device fcr the amplification
of the human voice, music or any other sound, but shall not
include:
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1. Warning devices on emergency vehicles.
2. Horns, burglar and fire alarms, or other
warning devices expressly authorized by law.
L. Sound or noise level. "Sound or noise level," in
decibels (dB), is sound measured by use of the "A" weight scale,
and with slow response by a sound level meter.
M. Sound level meter. "Sound level meter" shall mean an
instrument including a microphone, an amplifier, an output meter
and "A" frequency weighing networks for the measurement of sound
levels, which satisfies the pertinent requirements in American
Specifications for Sound Level Meters S14-1971, or the most
recent revision thereof.
N. Sound truck. "Sound truck" shall mean may motor
vehicle, or anv other vehicle, regardless of.motive power,
whether in motion or stationary, which carries, is.eauipped with,
or which has mounted thereon or attached thereto any sound
amplifying ea_uipment for commercial, political and charitable
Purposes.
11.44.030 Sound Level Measurements.
Anv sound level measurement made pursuant to the provisions
of this chapter shall be measured with a sound level meter using
the "A" weighting and response as indicated in section 11.44.040
of this chanter.
11.44.040 Noise Limits...
A. It shall be unlawful for any person within the City to
produce or cause or allow to be produced noise which is received
on property occupied by another person within the designated
region, in excess of the following levels, except as expressly
orovided otherwise herein:
Reaion
Residential zone
Residential zone
Commercial and manufacturing
Commercial and manufacturing
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Time Sound Level dB
Dav 65
Niqht . 55
Dav 80
Night 70
•
•
•
At the boundary line between a residential property and a
commercial and manufacturing property, the noise level of the
quieter zone shall be used.
B. Corrections to noise limits. The numerical limits given
in subsection (A) above shall be adjusted by the following
corrections, where the following noise conditions exist:
Noise Condition Correction (in dB)
(1) Repetitive impulsive noise .-5
(2) Steady whine, screech or hum -5
The following corrections apply to day only:
(3) Noise occurring more than 5 but
less than 15 minutes per hour +5
(4) Noise occurring more than 1 but
less than 5 minutes per hour +10
(5) Noise occurring less than 1
minute per hour +20
11.44.050 Loud, Unnecessary_ and Unusual Noises Prohibited;
Standards for Determining.
Notwithstanding any other provision of this chapter, and in
addition thereto, it shall be unlawful for any person to
willfully make or continue, or cause to be made and continued,
any loud, unnecessary and unusual noise which disturbs the peace
or quiet of any neighborhood, or which causes discomfort or
annovance to residents of the area.
The standards which may be considered in determining whether
a violation of the provisions of this section exists may include,
but not be limited to, the following:
A. The level of the noise;
B. Whether the nature of the noise is usual or
unusual;
C. The nature of the area within which the noise
emanates;
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TBM/COD1989
D. The density of the inhabitation of the area within
which the noise emanates;
D. The time of day or night;
F. The duration of the noise;
G. Whether the noise is recurrent, intermittent or
constant;
H. Whether the noise is produced by a commercial or
noncommercial activity.
11.44.060 Special Noise Sources -Radios, Television Sets and
Similar Devices.
A. Use Restricted. It shall be unlawful for any person
within the City to use or operate any radio receiving set,
musical instrument, phonograph, television set, or other machine
or device for the producing or reproducing of sound at anytime in
such a manner as to produce noise levels on residential land
which would disturb the peace, quiet and comfort of neighboring
residents or any reasonable person of normal sensitivity residing
in the area.
B. Prima Facie Violation. Any noise exceeding the ambient
noise limits as set forth in Section 11.44.040 at the property
line of any residential land (or if a condominium or apartment
house, within any adjoining apartment) by more than five (5)
decibels shall be deemed to be prima facie evidence of a
violation of the provisions of this section.
11.44.070 Same --Machinery, Fans and Other Mechanical Devices.
Any noise level from the use or operation of any machinery,
equipment, pump, fan, air conditioning apparatus, refrigerating
equipment, motor vehicle, or other mechanical or e'_ecrr_cal
device, or in repairing or rebuilding any motor vehicle, which
exceeds the noise limits as set forth in section 11.44.040 at any
property line, or, if a condominium or rental units, within any
condominium unit or rental unit within the complex, shall be a
violation of this chapter.
11.44.080 Same --Construction and iuildina.
It shall be unlawful for any person within the City to operate
power construction tools or equipment in the performance of any
outside construction or repair work on buildings, structures or
projects in or adjacent to a residential area, except between the
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• 0
hours of 7:00 a.m. and 7:00 p.m. of any working day, except
Sundays and holidays, unless performing emergency work as defined
in section 11.44.020D; provided, however, that such construction,
tools or eouipment shall not reach a dB level of more than
thirty-five (35) dB for 'twenty-five (25) per cent of an hour at
any receiving property line.
11.44.090 Same --Amplified Sound.
The noise limits as described in section 11.44.040A of this
chapter shall apply to any us.e of sound -amplifying equipment.
11.44.100 Exemptions from Chapter.
A. There____s_.ne-re_by_-__exemp_t_ed_from this chapter lawfully
conducted parades.
3. There are herebv exempted from this chapter emergency
work as defined in section 11.44.020D of this chapter.
11.44.110 Violations--uisdemeanors; Remedies.
Any person violating anv of the provisions of this chapter
shall be deemed guilty of a misdemeanor. Each day such violation
is committed or Dermitted to continue stall constitute a separate
offense and shall be ounishable as such.
11.44.120 Same --Additional Remedies, inunctions.
As an additional remedy, the operation or maintenance of anv_
device, instrument, vehicle or machinery in violation of any
provision of this chapter shall be deemed and is declared to be a
public nuisance, and may be subject to abatement summarily by a
restraining order or injunction issued by a court of competent
jurisdiction.
11.44.130 Enforcement.
Enforcement of the provisions of this chapter shall be the
re�ponsibility.of a duly authorized law enforcement agency.
11.44.140 Severability.
T any provision, clause, sentence or paragraph of this
chapter, or the aD_plication thereof to anv person or circum-
stances, shall be held invalid, such invalidity shall not affect
the other orovisions or applications of provisions of this
chapter which can be given effect wit^out the invalid provisions
or application and, to this end, the provisions of this chapter
are hereby declared to be severable.
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•
Chapter 11.58
SALE OF KNIVES TO MINORS
11.58.010 Sale of Knives to Minors Prohibited -
Exceptions. Every person who sells to any minor any dirk or
dagger, or any knife with a blade three inches or more in length,
or anv snap -blade or spring -blade knife, regardless of the length
of the blade, unless such minor is accompanied by an adult person
and unless the person selling such dagger or knife keeps a full
and complete record of the name and address of the purchaser, is
guilty of a misdemeanor.
11.58.020 Violation - Penalty. Every person violating
any of the provisions of this chapter is guilty of a misdemeanor.
Chapter 11.62
CARRYING KNIVES IN PLAIN VIEW
11.62.010 Knives and Daggers Defined. As used in this
chapter, the terms "knives and daggers" shall include any knife
having a blade of three inches or more in length; anv-
spring-blade, switch -blade or snap -blade knife; any knife any
blade of which is automatically released by a spring mechanism or
other mechanical device; any ice pick or similar sharp stabbing
tool; anv straight -edge razor or any razor blade fitted to a
handle.
11.62.020 Carrvina Knives and Daggers in Plain View
Prohibited. It is unlawful for anv perscn to carry on his or
person, in plain view, anv knife or dagger.
11.62.030 Exemotions to Chapter Anollcability. The
foregoing restrictions shall not be deemed to prohibit the
carrying of ordinary tools or equipment for use in a lawful
occupation or for the purpose of lawful recreation, or where the
carrying of a knife or dagger is a recognized religious practice.
11.62.040 Violation-Penalt
chapter is guilty of a misdemeanor.
0
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Anv person violating this
0
LJ
Chapter 11.63
THREATS WITH REPLICA FIREARMS
11.63.010 Replica Firearms and Firearms - Definitions.
A. As used in this chapter, the term "replica firearm"
means and shall include any device or object made of elastic,
wood, metal, or any other material, which is a facsimile or toy
version of or is otherwise recognizable as a pistol, revolver,
shotgun, sawed-off shotgun, rifle, machine oun, rocket launcher,
or any other firearm, as that term is used under the orovisions
of Sections 12001, 12001.5, 12020(d)(1) and 12570 of the State
Penal Code.
B. For the purposes of this chapter, the meaning of
"firearm" shall be the same as the meaning_ of that term under the
State Dangerous Weapons Control laws, and shall include air
rifles, pellet guns or BB guns.
11.63.020 Unlawful Activities Involving Reolica or
Simulated Firearms. Every person who, except in sell -defense, in
the presence of any other person, draws, exhibits or brandishes a
replica firearm, or who simulates a firearm in a rude, angry and
threatening manner, or who in any manner unlawfully uses the same
in any fight or quarrel and causes the victim to reasonabiv
believe that the person is actually in possession of an op_erabie
firearm, is guilty of a misdemeanor.
Chapter 11.66
FIREARMS, BOWS AND ARROWS
GENERAL REGULATIONS
11.66.010 Use of Weanons Permitted When. This chanter
does not prohibit the discharge of anv rifle, shotgun, pistol,
revolver or firearm of anv kind, or the shooting of anv arrow or
other missile, when necessary so to do to protect life or
property, or to destroy or kill any predatory or dangerous
animal.
0 -21-
TBM/COD1989
11.66.020 Exceptions to Chapter Applicabilitv - Peace
Officers. This chapter does not apply to any peace officer
acting in his or her official line of duty.
11.66.030 Exceptions to Chapter Applicability - Rifle
or Target Ranges. The provisions of this chapter shall not be
deemed or construed to prohibit the establishment or maintenance
of any pistol, rifle or target range, nor to prohibit the
discharge at any target thereon, by any person using such range,
of anv bow and arrow, rifle, shotgun, pistol, revolver or
firearms in or on such range, in the event that such range is so
installed, constructed, safeguarded, equipped and used as to
adequately prevent any arrow, bullet, shot or missile from being
projected beyond the confines of such range.
11.66.040 Discharaing Firearms - Restrictions
Generally. A person shall not shoot, fire or discharge, and a
person, firm or corporation shall not cause or oermit to be shot,
fired or discharged, an_v rifle, shotgun, pistol, revolver or
firearm in the general direction of any Nouse, camp or place of
human habitation, or in the general direction of anv public
highway, r.;ad, street, wav, park or premises, unless me place
from which such rifle, shotgun, pistol, revolver or firearm is
shot, fired or discharaed is at least one-half mile distant from
such house, camp or place of human habitation, or is at least
one-half mile distant from that porticn of such _public 'ighwav,
road, street, way, park or premises toward which such rifle,
shotgun, pistol, revolver or firearm is shot, fired or
discharged. The exception in Section 11.66.010 to destroying or
killing any predatory or dangerous animal does not apply to this
section.
11.66.050 Dischargina Firearms - Prohibited on or Alon
Public Ways.
A. A person shall not shoot, fire or discharge, and a
person, firm or corporation shall not cause or permit to be shot,
fired or discharged, upon, along or across any publ_c hichwav,
road, street or wav, any rifle, shotgun, pistol, revolver or
firearm.
B. The exception in Section 11.66.010 to destroying or
killing any predatory or dangerous animal does not apply to this
section.
11.66.060 Violation - Penalty. Every person, firm or
corporation violating any provision of this chapter is guilty of
a misdemeanor.
TBM/COD1989
. -22-
SECTION 2. The provisions of Section 1 of this
Ordinance specifically supersede Title 13,.Public Peace,
Morals and Welfare, of the Los Angeles County Code
previously incorporated by reference into the Santa Clarita
Municipal Code.
SECTION 3. The City Clerk shall cause a summary of
this Ordinance.to be published and a certified copy of the
full text to be posted in the office of the City Clerk at
least five days prior to the City Council meeting at which
the proposed Ordinance is to be adopted. Within fifteen
(15) days following the adoption of this Ordinance, the City
Clerk shall again publish a summary of the Ordinance with
the names of those City Councilmembers voting for and
against the Ordinance and the City Clerk shall post in the
office of the City Clerk a certified copy of the full text
of the adopted Ordinance along with the names of those City
Councilmembers voting for and against the Ordinance.
PASSED AND APPROVED this day of
1989.
n
ATTEST:
0
CITY CLERK
i
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I,City Clerk of the City of
Santa Clarita, do hereby certify that the foregoing
Ordinance No. was regularly introduced and placed
upon its first reading at a regular meeting of the City
Council on the day of 1989. That
thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the day of
11 1989, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
•
tbm/ORN37866:1e
J
ITY CLERK