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Ordinance 1994-03ORDINANCE NO. 94 -3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTIONS 10.4, 10.5, 16.13 -1, 16.28, 16.29, 16.30, 16A.1, 18.2, 18.3, 18.5 AND 18.6 OF THE GILROY CITY CODE TO DESIGNATE CERTAIN VIOLATIONS OF THE GILROY CITY CODE AS MISDEMEANORS WHEREAS, California Government Code section 36900(a) states that violation of a City ordinance is a misdemeanor unless by ordinance it is made an infraction; and WHEREAS, the City Council has previously by ordinance designated most violations of the Gilroy City Code to be infrac- tions; and WHEREAS, the City Council has determined that it will enhance the Police Department's enforcement abilities and better discourage violations of certain City Code provisions if such violations are reclassified from infractions to misdemeanors; THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Sections 10.4, 10.5, 16.13- 116.28, 16.29, 16.30, 16A.1, 18.2, 18.3, 18.5, and 18.6 of the Gilroy City Code are hereby amended to read as follows: Sec. 10.4. Obstructing members or apparatus of fire department. It shall be unlawful for any person willfully or negligently to obstruct or impede any member or apparatus of the fire department when such member or apparatus is going to or engaged in extinguishing a fire. Violation of this section shall be a misdemeanor. Sec. 10.5. False alarms. It shall be unlawful for any person willfully to give or turn in a false alarm of fire. Violation of this section shall be a misdemeanor. ORDINANCE NO. 94 - 3 00 0 • Sec. 16.13 -1. Nudity of waiter, waitress, entertainer in food and beverage establishments. Any person, with or without compensation, who acts as a waiter, waitress, or entertainer, in any establishment which serves food, beverages, or food and beverages, for consumption on the premises of such establishment and performs such activity in the nude, is guilty of a misdemeanor. "Nude" as used in this section means the uncovered or less than opaquely covered: (a) Male or female genitals; (b) Pubic areas; (c) Buttocks; (d) Female breast below a point immediately above the top of the nipple; (e) Female breast only with the nipple and areola covered. Sec. 16.28. Intoxicating liquor in public places. Except and unless a person applies for and is issued a Special Events Permit by the City of Gilroy, it shall be unlawful for any person to drink or consume any intoxicating liquor, or have in his or her possession or control an open container of an intoxicating liquor, in or on any public street, sidewalk, alley, mall, school grounds or any parking lot open to public use, whether publicly or privately owned. For the purpose of this section, "intoxicating liquor" includes any alcoholic beverage containing more than one -half of one percent of alcohol by volume, and all kinds of spiritu- ous, vinous and malt liquors. Violation of this section shall be a misdemeanor. Sec. 16.29. Obstruction of movement in public place. It is unlawful for any person willfully and maliciously to sit, lie, kneel, crouch, sleep or otherwise occupy any portion of a street, sidewalk or other public way so as to ORDINANCE NO. 94 - 3 -2- 0 0 obstruct or unreasonably interfere with the free movement and passage of pedestrians, motor vehicles or other modes of travel. The provisions of this section shall not apply to persons standing or sitting on the curb portion of any sidewalk or street while attending or viewing any parade permitted under the provisions of this Code; nor shall the provisions of this section apply to persons sitting upon benches or other seating facilities provided for such purposes by municipal authority. Violation of this section shall be a misdemeanor. Sec. 16.30. Conduct on public property, monuments and lawns. It is unlawful for any person willfully and maliciously to walk, stand, sit or lie upon any monument, vase, fountain, railing, fence, planter, elevated planted area or upon any other public property not designed or customarily used for such purposes. No person shall willfully and maliciously walk, stand, sit or lie upon any public lawn or planted area which is posted with signs to forbid such conduct. Violation of this section shall be a misdemeanor. Sec. 16A.1. Required. All persons, except a person having a fixed and permanent place of business in the city and licensed under the provi- sions of section 13.40 or 13.42 of this Code or licensed and regulated by the state, must comply with this chapter before offering or selling goods, merchandise or services from place to place or upon the streets, parks or other public places of the city, or from any building or other enclosure or place, or in any vehicle of any nature whatsoever, either for immediate delivery or for delivery in the future. No person shall be relieved from the provisions of any section of this chapter by reason of associating temporarily with, or by conducting a transient business in connection ORDINANCE N0. 94 - 3 -3- with, any local merchant having a fixed place of business within the city. Violation of any section of this chapter shall be a misdemeanor. Sec. 18.2. Injury to or nuisance to park property prohi- bited. No person shall: (a) Injure, mark, deface, remove or tamper with any structure, sign, pavement, equipment or other facility or improvement in a park. (b) Injure, molest, chase, kill, capture, propel missiles at or offer a noxious substance to any animal, bird, fish or reptile, or injure, remove or tamper with its eggs, nest or burrow, in a park, except that known poisonous reptiles such as rattlesnakes may be killed on sight. (c) Injure, mark, deface, remove or tamper with any tree, shrub, plant, flower, berry, seed or lawn in a park, or attach any rope, wire, or other contri- vance to any tree or plant. (d) Injure, mark, deface, remove or tamper with sand, soil, stones, fallen timber or natural landscaped materials in a park. Violation of this section shall be a misdemeanor. Sec. 18.3. Dumping trash and refuse and polluting waters prohibited. No person shall: (a) Dump, deposit or leave any trash or refuse anywhere in a park except in receptacles provided for that purpose. If receptacles provided are insufficient to accommodate trash and refuse, the person respon- sible for its presence in the park shall remove it for proper disposal elsewhere. ORDINANCE NO. 94 - 3 -4- • • (b) Discard or discharge any solid or liquid substance or pollutant into any fountain, pond, lake, stream or similar waters, or into a drain discharging into such waters, in a park. Violation of this section shall be a misdemeanor. Sec. 18.5. Conduct; acts prohibited. No person in a park shall: (a) If over eight (8) years of age, use a restroom designated for the opposite sex except as permitted by law to assist a disabled person. (b) Enter any area posted for nonadmittance or nonuse by the public without prior written permission of the director. (c) Erect, construct, install or post any structure, wire, pipe or sign of any kind whatsoever without prior written permission of the director. (d) Climb upon any tree, structure, monument or fixture not designated for such use without prior written permission of the director. (e) Swim or wade, except in pools or areas designated for that purpose without prior written permission of the director. (f) Kindle a fire, except in facilities specifically provided for that purpose, or leave a picnic or other area before a fire is completely extinguished without prior written permission of the director. (g) Gamble or participate in a game of chance for anything of value without prior written permission of the director. (h) Bring into a park, or permit to enter, any animal, fowl or reptile, without prior written permission of the director, except that a dog secured on a leash not more than six (6) feet in length shall be ORDINANCE N0. 94 - 3 -5- 1 • 0 permitted on the condition that the owner and person having custody shall be responsible for any damage caused by such dog. (i) Bring into, or have in his possession, or set off, fire or discharge any firearm, weapon, pellet gun, explosive or fireworks. (j) Sell, or offer for sale, any merchandise, article or thing without prior written permission of the director. (k) Claim exclusive use of, prevent the use by others of, or reserve for use any park area without prior written permission of the director. (1) Engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the peace, and a person so behaving shall vacate the park at the request of a park attendant or peace officer. (m) Sleep on park benches or furniture without prior written permission of the director. (n) Use any park area or facility for an unreasonable time when facilities are congested or crowded Park attendants shall have the authority to regulate and limit use of facilities for the maximum use and enjoyment of all, and visitors shall comply with directions given to achieve this end. (o) Practice golf, fly powered model airplanes, or engage in any other activity which may be hazardous to other persons or property except in designated areas, without prior written permission of the director. Violation of this section shall be a misdemeanor. ORDINANCE NO. 94 - 3 -6- Sec. 18.6. Intoxicating liquor. (a) No person shall consume intoxicating liquor, as defined in section 16.28, or have in his or her possession or control an open container of an intoxicating liquor in any city park, except in established picnic areas between the hours of 10:00 a.m. and 8:00 p.m. at Christmas Hill, Las Animas, and San Ysidro Parks. As used in this section, "established picnic area" means any permanent picnic area improved with tables and barbecue pits and identified by appropriate signs. (b) The director may from time to time modify or waive the requirements of this section by special facility use permit. (c) Violation of this section shall be a misdemeanor. SECTION II This ordinance shall take effect and be in full force thirty (30) days from and after its final adoption and approval. PASSED AND ADOPTED this 21st day of March, 1994 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: Susanne E. Steinmetz, City CleWk ORDINANCE NO. 94 - 3 -7- APPROVED: 6cv Donald F. Gage, Mayor I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 94 -3 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of March 19 94, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 22nd day of March 19 94 4L4V'4--- City Clerk of the City of Gilroy (Seal)