Title 9
PUBLIC PEACE, MORALS AND WELFARE
Chapters:
DIVISION I. OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT\(RESERVED)
DIVISION II. OFFENSES AGAINST PUBLIC MORAL STANDARDS
9.12 Card Games
9.16 (Reserved)
DIVISION III. OFFENSES AGAINST PUBLIC PEACE
9.20 Loitering and Unlawful Consumption of Alcoholic Beverages
9.24 (Reserved)
DIVISION IV. OFFENSES AGAINST PROPERTY
9.28 Malicious Mischief
9.30 Graffiti
9.32 (Reserved)
DIVISION V. CONSUMER PROTECTION
9.34 Posting Signs Warning of the Effect of Alcohol During Pregnancy
9.36 Solicitations at Private Residences
9.40 (Reserved)
DIVISION VI. OFFENSES BY OR AGAINST MINORS
9.44 Curfew for Minors
9.48 (Reserved)
DIVISION VII. WEAPONS
9.52 Discharge of Firearms and Other Weapons
9.56 Switchblade Knives
DIVISION I.
OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT\(RESERVED)
DIVISION II.
OFFENSES AGAINST PUBLIC MORAL STANDARDS
Chapter 9.12
CARD GAMES
Sections:
9.12.010 Certain gambling games prohibited.
9.12.020 Gambling house-Public place.
9.12.030 Gambling house-Private place.
9.12.040 Gambling or bookmaking paraphernalia in barricaded rooms prohibited.
9.12.050 Visiting barricaded gambling rooms prohibited.
9.12.060 Violation-Penalty.
9.12.010 Certain gambling games prohibited.
No person shall play any games of chance or skill not mentioned in Section 330 of the Penal Code of the state with cards for money, checks, credit or other representative of value in any public barroom, or other public place, or place open to public view, or in any place where money or other valuable consideration is charged in any manner for the privilege of playing such games of chance or skill.
(Ord. 13 § 1, 1961).
9.12.020 Gambling house-Public place.
No person having possession, charge of, or control of any public barroom or public place shall permit, suffer, let or allow any game of chance or skill played with cards, not mentioned in Section 330 of the Penal Code of the state, to be played therein for money, checks, credit or other representative of value.
(Ord. 13 § 2, 1961).
9.12.030 Gambling house-Private place.
No person having possession, charge of or control of any room, quarters, flat, apartment or any premises shall charge any person or persons any sum of money, or representative of value, for the privilege of playing any game of chance or skill with cards not mentioned in Section 330 of the Penal Code of the state.
(Ord. 13 § 3, 1961).
9.12.040 Gambling or bookmaking paraphernalia in barricaded rooms prohibited.
It is unlawful for any person in the city to exhibit or expose to view in any barred or barricaded house or room, or in any place built or protected in a manner to make it difficult of access or ingress to police officers, when one (1) or more persons are present, any cards, dominoes, fantan table or layout, roulette wheel, crap table, racing scratch sheet, bookmaking markers, lottery or pool tickets or markers, or any other gambling implements or paraphernalia whatsoever.
(Ord. 13 § 4, 1961).
9.12.050 Visiting barricaded gambling rooms prohibited.
It is unlawful for any person in the city to visit or resort to any such barred or barricaded house or room or any other place, built or protected in a manner to make it difficult of access or ingress to police officers, where any of the gambling paraphernalia or implements as set forth in Section 9.12.040 are exhibited or exposed to view when two (2) or more persons are present.
(Ord. 13 § 5, 1961).
9.12.060 Violation-Penalty.
A violation of any of the terms or provisions of this chapter shall constitute a misdemeanor. Any person or persons convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment not to exceed six (6) months in the county jail, or by both such fine and imprisonment.
(Ord. 13 § 6, 1961).
Chapter 9.16 DIVISION III. Chapter 9.20 Sections:
9.20.010 Intent.
9.20.020 Definitions.
9.20.030 Loitering near certain places prohibited.
9.20.040 Consumption of alcoholic beverages near certain public places prohibited.
9.20.050 Violation-Penalty.
9.20.010 Intent.
This chapter shall not be deemed to make punishable any act or acts which are prohibited by any law of the state.
(Ord. 158 § 5, 1970).
9.20.020 Definitions.
As used in this chapter, the following words shall be defined as follows:
A. "Buildings and places open to the public where alcoholic beverages are sold" means, but is not limited to, any liquor store, liquor outlet, inn, tavern, bar, saloon, or any premises wherein the owner, tenant or occupant possesses, and purveys alcoholic beverages to the public pursuant to an "on sale" or "offsale" liquor license of whatever classification.
B. "Loiter" means to linger, wait, or delay in and about the places designated with no lawful purpose.
(Ord. 158 §§ 3, 4, 1970).
9.20.030 Loitering near certain places prohibited.
It is unlawful for any person to loiter on any highway, street, alley, sidewalk, public parking lot, parking lot open to the public use, or pedestrian walkway open to the public use, upon any real property or structure of any kind without the consent of the owner, his agent, or person in lawful possession thereof, within one thousand (1,000) feet of buildings or places open to the public where alcoholic beverages are sold.
(Ord. 158 § 2, 1970).
9.20.040 Consumption of alcoholic beverages near certain public places prohibited.
It is unlawful for any person to consume any alcoholic beverage on any highway, street, alley, sidewalk, public parking lot, parking lot open to the public use, or pedestrian walkway open to the public use, upon any real property or structure of any kind without the consent of the owner, his agent, or person in lawful possession thereof, within one thousand (1,000) feet of buildings or places open to the public where alcoholic beverages are sold.
(Ord. 158 § 1, 1970).
9.20.050 Violation-Penalty.
A violation of any of the terms or provisions of this chapter shall constitute a misdemeanor. Any person or persons convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment not to exceed six (6) months in the county jail, or by both such fine and imprisonment.
(Ord. 158 § 6, 1970).
Chapter 9.24 DIVISION IV. Chapter 9.28 Sections:
9.28.010 Injuring trees or plants growing in certain public places prohibited.
9.28.020 Taking trees, plants, soil, rocks, etc. from certain public places prohibited.
9.28.030 Injuring buildings or equipment in certain public places prohibited.
9.28.040 Violation-Penalty.
9.28.010 Injuring trees or plants growing in certain public places prohibited.
It is unlawful for any person to cut, break, dig up, pull up, pluck, or in any manner injure any tree, bush, shrub or plant growing in any park, square, avenue, grounds, recreation center, street, or in any building or structure within any park, square, avenue, grounds, recreation center or street.
(Ord. 83 § 1, 1965).
9.28.020 Taking trees, plants, soil, rocks, etc. from certain public places prohibited.
It is unlawful for any person to take away any tree, wood, bush, turf, flower, plant, grass, soil, rock or anything of like kind from any park, square, avenue, grounds, recreation center or street.
(Ord. 83 § 2, 1965).
9.28.030 Injuring buildings or equipment in certain public places prohibited.
It is unlawful for any person to destroy, mutilate, deface, cut, scratch, mark upon, write upon, print upon, paint upon, or otherwise mar, mutilate, deface or injure any building, structure, restroom, toilet, apartment, or any wall, fence, door, fixture, or any part thereof, or any furniture, equipment or apparatus therein, within any park, square, avenue, grounds, recreation center or street.
(Ord. 83 § 3, 1965).
9.28.040 Violation-Penalty.
Any person violating the provisions of this chapter shall be guilty of a misdemeanor, and shall upon conviction thereof be punished by a fine of not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00), or imprisoned in the county jail for a period not to exceed thirty (30) days, or both such fine and imprisonment.
(Ord. 83 § 4, 1965).
Chapter 9.30 Sections:
9.30.010 Findings, purpose and intent.
9.30.020 Definition.
9.30.030 Graffiti prohibited.
9.30.040 Minors-Possession of aerosol paint prohibited.
9.30.050 Minors-Possession of scriber prohibited.
9.30.060 Notice to abate-Compliance by owner.
9.30.070 Service of notice.
9.30.080 Reimbursement for cost of labor and 9.30.090 Removal by city.
9.30.100 Liability for city's cost of abatement.
9.30.010 Findings, purpose and intent.
A. The city council of the city finds that there is a need for a program for removal of graffiti from walls and structures on both public and private property; and to prevent and control the further spread of graffiti in the city. The increase of graffiti on both private and public buildings, structures and places is creating a condition of blight within the city which results in a deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the city. The city council finds and determines that graffiti is a public nuisance which must be abated and prevented so as to avoid the detrimental impact of such graffiti on the city and to hinder the spread of graffiti.
B. It is declared to be the intent of the city council that the provisions of this chapter be enforced in such manner as to promote, to the extent possible, the voluntary cooperation and assistance by the owners and occupants of property to remove graffiti from the city wherever it may appear, and to engage in preventive and educational activities directed toward those persons who may be the perpetrators of graffiti to prevent the commission or repetition of such crimes. Punitive measures should normally be employed only where voluntary compliance cannot be achieved.
(Ord. 395 § 1, 1995).
9.30.020 Definition.
A. The term "graffiti" means the spraying of paint or marking of ink, dye or other similar substance, or the etching or marking by the use of a "scriber" on public or private buildings, structures and places without the authorization of the owner or lawful occupant thereof.
B. The term "scriber" means any masonry or glass bit, a carbide drill bit, a glass cutter, a grinding stone, an awl, a chisel, a carbide scribe, or any other instrument that has been fashioned for the purpose of marking or etching metal, glass, masonry or wood.
(Ord. 395 § 2, 1995).
9.30.030 Graffiti prohibited.
A. No person shall place graffiti upon any public or privately owned structure, street or sidewalk within the city.
B. No person owning or otherwise in control of any real property within the city shall suffer, permit or allow any graffiti to be placed upon or remain on any structure, street or sidewalk located on such property when the graffiti is visible from a public street or other public or private property, for a period in excess of that described in this chapter for notice and removal of graffiti.
(Ord. 395 § 3, 1995).
9.30.040 Minors-Possession of aerosol paint prohibited.
It is unlawful for any individual under the age of eighteen (18) years, who is in a public place or upon private property without the consent of the owner or tenant thereof, and who is not accompanied by a responsible adult, to possess an aerosol container of paint.
(Ord. 395 § 4, 1995).
9.30.050 Minors-Possession of scriber prohibited.
It is unlawful for any individual under the age of eighteen (18) years, who is in a public place or upon private property without the consent of the owner or tenant thereof, and who is not accompanied by a responsible adult, to possess any scriber.
(Ord. 395 § 5, 1995).
9.30.060 Notice to abate-Compliance by owner.
Whenever the chief of police or his or her designee determines that graffiti exists on any structure in the city which is visible from the street or other public or private property, he or she shall cause a notice to be issued to abate such nuisance. The notice shall include a description of the property owner's right to obtain reimbursement for removal costs pursuant to Section 9.30.080 of this chapter and shall be accompanied by a claim form to be utilized by the owner for such purpose. The property owner shall have fifteen (15) days after service of the notice to remove the graffiti; provided, however, that in response to a request from the property owner, the chief of police may grant extensions of time if the chief of police determines that the property owner is making a good faith effort to remove the graffiti but is unable to accomplish the removal due to circumstances beyond the owner's reasonable control.
(Ord. 395 § 6, 1995).
9.30.070 Service of notice.
The notice to abate graffiti shall be served upon the owner(s) of the affected premises, as such owner's name and address appears on the last equalized property tax assessment rolls of the county of San Mateo. In addition, if there is a tenant using the premises, the notice shall also be served on said tenant. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this chapter may be served in any one of the following manners:
A. By personal service on the owner, occupant or person in charge or in control of the property, and mail to the owner if not served personally;
B. By certified mail addressed to the owner at the last known address of said owner. If this address is unknown, the notice will be sent to the property address. In addition, where the property is occupied, a copy of the notice shall be delivered to the occupant.
(Ord. 395 § 7, 1995).
9.30.080 Reimbursement for cost of labor and material.
In the event the property owner complies with the notice by the designated date, or such extended time as may be granted by the chief of police, then upon submission of a verified claim within thirty days of compliance, the city shall reimburse the property owner for the cost of labor and materials paid by the owner for removal of the graffiti, up to a maximum of one hundred fifty dollars ($150.00) for the first incident of graffiti on the property, and up to one hundred dollars ($100.00) for each subsequent incident. Receipts for labor and material costs must accompany the claim. The city shall not reimburse the property owner where the chief of police finds that the owner has persuaded, allowed or encouraged the graffiti problem. Evidence thereof shall include such things as: the owner has permitted the property to remain unoccupied, or has allowed uses conducive to the graffiti problem, or has failed to take reasonable security measures.
(Ord. 395 § 8, 1995).
9.30.090 Removal by city.
Upon failure of the property owner to comply with the notice to abate by the designated date, or such extended time as may be granted by the chief of police, then the chief of police is authorized and directed to cause the graffiti to be abated by city forces or private contract, and the city or its private contractor is expressly authorized to enter the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate graffiti shall be as close as practicable to background colors.
(Ord. 395 § 9, 1995).
9.30.100 Liability for city's cost of abatement.
Where the graffiti has been abated by the city due to a refusal or failure of the owner to do so, the owner shall reimburse the city for the actual cost of the removal of the graffiti. The cost to be reimbursed includes labor, material, preparation of specifications and contracts and inspection, and attorney's fees if litigation is brought.
(Ord. 395 § 10, 1995).
Chapter 9.32 DIVISION V. Chapter 9.34 Sections:
9.34.010 Purpose.
9.34.020 Duty to post signs or notices.
9.34.030 Size and placement of sign or notice.
9.34.040 Language.
9.34.050 Enforcement.
9.34.060 Penalties.
9.34.010 Purpose.
The Surgeon General of the United States has advised women who are pregnant, or considering pregnancy, not to drink alcoholic beverages. Recent research indicates that alcohol consumption during pregnancy, especially in the early months, can harm the fetus, and result in birth defects including mental retardation, facial abnormalities and other defects involving heart and bone structure. In order to serve the public health, safety and welfare, the purpose of this chapter is to educate the public by requiring warning signs to be placed at all locations where alcoholic beverages are sold to the public.
(Ord. 341 § 1(part), 1988).
9.34.020 Duty to post signs or notices.
Any person or entity who owns, operates, manages, leases or rents premises offering alcoholic beverages, including without limitation, wine, beer, malt beverages and distilled spirits for sale or dispensing for consideration to the public, shall permanently post or display a sign or notice on such premises as provided in this chapter. The sign or notice shall read as follows:
"WARNING: Drinking Distilled Spirits, Beer, Coolers,
Wine and Other Alcoholic Beverages During Pregnancy
Can Cause Birth Defects."
(Ord. 341 § 1(part), 1988).
9.34.030 Size and placement of sign or notice.
The sign or notice shall be provided by using one or more of the following methods alone or in combination: For alcohol beverages including, without limitation, beer, malt beverages, wine and distilled spirits:
A. Primarily intended for consumption off the premises where sold or distributed, at least one square notice or sign, no smaller than ten (10) inches wide by ten (10) inches high and bearing the warning message set forth in Section 9.34.020 of this chapter. For signs ten (10) inches high by ten (10) inches wide, the word "WARNING" shall be centered three-quarters ( 3/4) of an inch from the top of the sign in ITC Garamond bold condensed typeface all in one (1) inch capital letters. Three-sixteenths ( 3/16) of an inch from the base of the word "WARNING" shall be a line extending from left to right across the width of the sign one-sixteenth ( 1/16) of an inch in thickness. Centered one-half ( 1/2) inch below the line shall be the body of the warning message in 5/60 ITC Garamond bold condensed typeface with the initial letter of each word, other than the conjunctive "and," capitalized. For the body of the warning message, left and right margins of at least three-quarters ( 3/4) of an inch, and a bottom margin of at least one and one quarter (1 1/4) inch shall be observed. Larger signs shall bear substantially the same proportions of type size and spacing to sign dimension as the sign ten (10) inches high by ten (10) inches wide. Such sign shall be placed in the retail establishment so as to assure that it is readable and likely to be read either at the retail point of sale or each point of display. Signs or notices placed at the point of display shall be placed no more than ten (10) feet from any display of any alcoholic beverage container in a manner associating the sign or notice with the display.
B. Provided for consumption on the premises at tables served by food or beverage persons, a notice or sign displayed at each of the tables at least five (5) inches high by five (5) inches wide bearing substantially the same type-face and substantially the same proportion of type size and spacing to sign dimension as described in subsection A of this section, or placed upon a menu or list in association with the alcoholic beverages listed therein and served at such premises.
C. Sold, or distributed through over the counter service, at least one sign, meeting the specifications set forth in subsection A of this section, placed in the retail establishment so that it is readable and likely to be read from all counter locations available to the public.
(Ord. 341 § 1(part), 1988).
9.34.040 Language.
In the event a substantial number of the public patronizing a premises which offers sale or dispenses wine, beer, or other alcoholic beverages uses a language other than English as a primary language, any sign or notice required by this chapter shall be worded in both English and the primary language or languages involved.
(Ord. 341 § 1(part), 1988).
9.34.050 Enforcement.
The city manager or his/her designee shall be responsible for the enforcement of this chapter. The city manager shall have the authority to adopt reasonable rules and regulations for the implementation of this chapter, including rules and regulations for alternative signs and placement of required signs.
(Ord. 341 § 1(part), 1988).
9.34.060 Penalties.
Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates, disobeys, omits, neglects, or refuses to comply with the chapter shall be guilty of an infraction, and upon conviction thereof, shall be punished by: (1) a fine not exceeding one hundred dollars ($100) for the first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of this chapter within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of this chapter within one year.
(Ord. 341 § 1(part), 1988).
Chapter 9.36 Sections:
9.36.010 Nuisance declared.
9.36.020 Exemption of vendors with business license. 9.36.030 Exemption of veterans.
9.36.040 Exemption of subscriptions, advertising and sale of newspapers.
9.36.050 Violation-Penalty.
9.36.010 Nuisance declared.
The practice of going in and upon private residences in the city by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise not having been requested or invited to do so by the owner or owners, occupant or occupants of the private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or disposing of and/or peddling or hawking the same, is declared to be a nuisance and punishable as such nuisance as a misdemeanor.
(Ord. 139 § 1, 1968).
9.36.020 Exemption of vendors with business license.
Vendors who maintain a service of delivery and/or sales of products are exempt from the provisions of this chapter, provided a business license is first obtained pursuant to Chapters 5.04 through 5.28.
(Ord. 261 § 26(part), 1980: Ord. 139 § 2, 1968).
9.36.030 Exemption of veterans.
Every honorably discharged or honorably relieved soldier, sailor, or marine of the United States or Confederate States who served in the Civil War, any Indian war, the Spanish-American War, any Philippine insurrection, the Chinese Relief Expedition or the World War of 1914 and years following, who is physically unable to obtain a livelihood by manual labor, and who is a voter of the state, may distribute circulars, and hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous, or other intoxicating liquor, and is exempt from the provisions of this chapter; provided, proof of the facts entitling the person to exemption is first made to the city clerk and a free business license is first issued pursuant to Chapters 5.04 through 5.28, and the laws of the state.
(Ord. 261 § 26(part), 1980; Ord. 139 § 3, 1968).
9.36.040 Exemption of subscriptions, advertising and sale of newspapers.
The provisions of this chapter shall not apply to the solicitation of obtaining of subscriptions or advertising for or sale of newspapers published for the dissemination of local or telegraphic news and intelligence of a general character and printed or published at regular intervals.
(Ord. 139 § 4, 1968).
9.36.050 Violation-Penalty.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and is punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or by both.
(Ord. 139 § 5, 1968).
Chapter 9.40 DIVISION VI. Chapter 9.44\CURFEW FOR MINORS
Sections:
9.44.010 Hours designated.
9.44.020 Violation-Presumption.
9.44.030 Report by building manager.
9.44.040 Hours restricted for minors in public places.
9.44.050 Arrest procedure.
9.44.060 Violation-Penalty.
9.44.010 Hours designated.
It is unlawful for any minor person under the age of eighteen (18) years to loiter, idle, stroll or play in any public street, public square, park, or any public place between the hours of ten (10:00) p.m. and one-half ( 1/2) hour before sunrise of the following day; provided, however, that the provisions of this section do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor, nor where such minor is directly proceeding to or from any place of business employment, amusement, worship or other legitimate activity.
(Ord. 261 § 27, 1980: Ord. 24 § 1, 1962).
9.44.020 Violation-Presumption.
When any minor is found violating any of the provisions of this chapter a presumption shall arise that the parent, guardian, or other person having the care and custody of such minor allowed, permitted, assisted, sided, abetted, and encouraged such minor in such violation.
(Ord. 24 § 4, 1962).
9.44.030 Report by building manager.
Each owner, agent, manager, or keeper of a hotel, boardinghouse, lodginghouse, tenement house, motor court, or apartment house shall immediately report to the police department of the city the presence therein between the hours of ten (10:00) p.m. and sunrise immediately following, of any and all minors under the age of eighteen (18) years, unless such minor or minors is or are accompanied by the parent, guardian, or other person having the care and custody of such minor or minors, and in making such report shall state to the police department the name, age, last known place of abode of such minor or minors, and the names and residences of the parents, guardian, or other custodian of such minor or minors, or otherwise, insofar as such information can be ascertained from such minor or minors, or otherwise.
(Ord. 24 § 5, 1962).
9.44.040 Hours restricted for minors in public places.
It is unlawful within the city for any proprietor, keeper, clerk, or any other person having charge or control of any cafe, tavern, restaurant, bar, eating place, drive-in restaurant, or public dancehall, to permit any person under the age of eighteen (18) years to loiter in the public place between the hours of ten (10:00) p.m. and sunrise immediately following, unless such person is accompanied by a parent, guardian, or other person having the care and custody of such minor.
(Ord. 24 § 6, 1962).
9.44.050 Arrest procedure.
Whenever any minor is arrested for violation of this chapter, he shall, in the discretion of the chief of police or other police officer in charge of the police department, at the time of such arrest, be taken forthwith to the county juvenile home and the arresting officer shall immediately advise those in charge of the institution the reason for the arrest of the minor, together with complete details of the circumstances surrounding the arrest.
(Ord. 24 § 7, 1962).
9.44.060 Violation-Penalty.
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than five hundred dollars ($500.00), or to imprisonment for a period of not more than six (6) months, or to both such fine and imprisonment.
(Ord. 24 § 8, 1962).
Chapter 9.48 DIVISION VII. Chapter 9.52 Sections:
9.52.010 Within city prohibited.
9.52.020 Purchase by minors restricted.
9.52.030 Carrying restrictions.
9.52.040 Shooting ranges authorized.
9.52.050 Exemptions.
9.52.060 Seizure of weapons-Disposition.
9.52.070 Violation-Penalty.
9.52.010 Within city prohibited.
It is unlawful for any person or persons, within the corporate limits of the city, to discharge any pistol, revolver, gun, rifle (of any caliber), cannon, anvil, or any other firearm, and also any airgun, BB gun, blow gun, slingshot, bow, or any instrument of any kind, character, or description which throws or projects bullets, pellets, or missiles of any kind to any distance, by means of power or any explosive substance, or by means of the elastic force of air, rubber, or steel springs, or by any other means; or in any manner to use the same to the danger or annoyance of any person or injury to property, except as provided in this chapter.
(Ord. 28 § 1, 1962).
9.52.020 Purchase by minors restricted.
No person under eighteen (18) years of age shall purchase any of the parts, projectiles, supplies or devices set forth in Section 9.52.010 unless accompanied by his or her parent or guardian, who shall request the purchase.
(Ord. 28 § 3, 1962).
9.52.030 Carrying restrictions.
It is unlawful for any person or persons to carry any weapon, as defined in Section 9.52.010, anywhere within the corporate limits of the city unless such person or persons shall carry the weapon unloaded, with the breech or magazine open, or the main parts of the weapon broken down and separated.
(Ord. 28 § 4, 1962).
9.52.040 Shooting ranges authorized.
The city council may, upon written application being made, grant permission for the location of rifle, pistol, skeet, trap, or archery ranges within the city, upon which range it may be lawful to discharge rifles, revolvers, pistols, shotguns, or bows subject to such regulations as the city council may appropriately establish.
(Ord. 261 § 28, 1980: Ord. 28 § 5, 1962).
9.52.050 Exemptions.
The provisions of Section 9.52.010, as to the use of any of the devices mentioned therein, shall not apply to any of the following cases:
A. To police, peace officers or persons in military service in the discharge of their duties and using reasonable care;
B. To persons using firearms in necessary self defense;
C. To the possession of such firearms for keeping at the place of residence or business of the person otherwise in lawful possession thereof, or while traveling to or from a legal firing, shooting or target range or hunting ground;
D. To cannon, anvils or fireworks discharged upon occasions of public parades, processions or other public gatherings, after permit first obtained from the council. All acts done under the provisions of this subsection shall be performed in a careful manner, and the permit granted by the council shall not exempt the permittee from any liability for damage done under such permit to person or property.
(Ord. 28 § 6, 1962).
9.52.060 Seizure of weapons-Disposition.
A. Any and all weapons, as defined in Section 9.52.010, used and employed by any person in violation of this chapter shall be seized by the authorized law enforcement officer and shall be confiscated and disposed of in the manner specified in this section. After seizure, all weapons shall remain in the custody of the police department until a forfeiture has been declared, or a release has been ordered, by the court having jurisdiction in the matter. In those cases in which the court with jurisdiction finds that the weapon was used in violation of this chapter, all individual property rights in the weapon shall be declared forfeited, if the court feels in its sole discretion that the forfeiture would be in the interests of justice. If the reasonable value of any forfeited weapon, as estimated by the chief of police, the captain of police, or the police sergeant on duty, does not exceed the sum of ten dollars ($10.00), the police department is authorized to destroy such weapon, or cause it to be destroyed, to such extent that it shall be wholly and entirely useless and ineffective for the purpose for which it was designed or constructed. However, if such reasonable value of any forfeited weapon exceeds the sum of ten dollars ($10.00), the same shall remain in the custody of the police department and thereafter be sold to the highest bidder at a public auction to be conducted by the department on a business day between the hours of nine (9:00) a.m. and five (5:00) p.m. at a public place in the city within one (1) year from the date of forfeiture. Before any such sale is conducted, notice thereof must be given by posting in at least three (3) public places within the city, at least ten (10) days before the date of the sale, a written notice containing a brief description of the weapons to be sold and stating the time and the place of the public auction. It may be specified in the notice that any and all bids may be rejected, as the police officer conducting the sale shall in his sound discretion so decide. No member of the police department shall become a purchaser at such sale, or be interested in any purchase thereat. All money received by the police department, through the public sale of the weapons shall be deposited with the city manager-clerk for distribution into the general fund. All weapons which may remain unsold after the conduct of a public auction as provided for in this section shall be destroyed by the police department, unless the chief thereof shall, in his discretion, determine to retain such weapons in the custody of the police department for the purpose of offering the same for sale at a subsequent public auction to be held under this section.
(Ord. 65 § 1, 1964: Ord. 28 § 7, 1962).
9.52.070 Violation-Penalty.
Any person or persons violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10.00) or more than three hundred dollars ($300.00), or by imprisonment for a period not exceeding thirty (30) days, or by both such fine and imprisonment.
(Ord. 28 § 8, 1962).
Chapter 9.56 Sections:
9.56.010 Defined.
9.56.020 Carrying in public places restricted.
9.56.030 Disorderly conduct prohibited.
9.56.040 Loitering near alcoholic beverage establishments prohibited.
9.56.050 Exception to restrictions.
9.56.060 Sale prohibited.
9.56.070 Violation-Penalty.
9.56.010 Defined.
For the purposes of this chapter, the term "switchblade knives" includes, but is not necessarily limited to, the following: all spring-blade knives, switchblade knives, snap-blade knives, or other similar type knives; all knives of which any blade, regardless of the length thereof, is released automatically by a spring mechanism or other mechanical device, or is released by any type of mechanism whatsoever.
(Ord. 29 § 1, 1962).
9.56.020 Carrying in public places restricted.
It is unlawful for anyone who has upon his person or within his immediate physical possession or control, whether the same is visible or concealed, any switchblade knife, as described in Section 9.56.010, any knife with a blade three (3) inches or more in length, any ice pick, awl, dirk, dagger, stiletto, or similar sharp stabbing tool, any straight-edged razor, razor blade fitted to a handle, razor with an unguarded blade, or any cutting, stabbing or bludgeoning weapon or device intended to be used as a club or capable of inflicting grievous bodily harm, to loaf or loiter upon any public street, way, sidewalk, alley, or at any athletic event, dance or other such gathering to which the public, or a number thereof, are admitted, or in or about a public park, beach, other recreational area, school, or any other public building or place, or to wander about from place to place with no lawful business thereby to perform, or to hide, lurk, or loiter upon or about the premises of another.
(Ord. 29 § 2, 1962).
9.56.030 Disorderly conduct prohibited.
It is unlawful for anyone who has upon his person or within his immediate physical possession or control, whether the same is visible or concealed, any switchblade knife, or dangerous or deadly weapon, as described in Sections 9.56.010 and 9.56.020, to engage in any fight or to participate in any riot, uprising, or other type of disorderly conduct upon the premises of another or upon any public street, way, sidewalk, alley, or in or about a public park, beach, other recreational area, school, or any other public building or place, or at any athletic event, dance, or other such gathering to which the public, or a number thereof, are admitted.
(Ord. 29 § 3, 1962).
9.56.040 Loitering near alcoholic beverage establishments prohibited.
It is unlawful for anyone who has upon his person or within his immediate physical possession or control any switchblade knife, or dangerous or deadly weapon, as described in Sections 9.56.010 and 9.56.020, to loiter about any place where alcoholic beverages are sold or any other place of public resort.
(RESERVED)
OFFENSES AGAINST PUBLIC PEACE
LOITERING AND UNLAWFUL CONSUMPTION OF ALCOHOLIC BEVERAGES
(RESERVED)
OFFENSES AGAINST PROPERTY
MALICIOUS MISCHIEF
GRAFFITI
(RESERVED)
CONSUMER PROTECTION
POSTING OF SIGNS WARNING OF THE EFFECT
OF ALCOHOL DURING PREGNANCY
SOLICITATIONS AT PRIVATE RESIDENCES
(RESERVED)
OFFENSES BY OR AGAINST MINORS
(RESERVED)
WEAPONS
DISCHARGE OF FIREARMS AND OTHER WEAPONS
SWITCHBLADE KNIVES