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Santa Cruz Indymedia | Police State and Prisons

Santa Cruz Genetrification Laws
by Thomas Leavitt ( thomas [at] thomasleavitt.org )
Friday May 26th, 2006 1:00 PM
Content of a page on the HUFF web site documenting and explicating various and sundry elements of the Santa Cruz municipal code used to harass poor and homeless people. Comments and feedback are appreciated, and will be integrated into the page as appropriate, with or without attribution as desired. They may be made here, or sent to me via email.

Note: the text of the ordinances below has been taken directly from the Santa Cruz City Municipal Code database; minor / non-material edits have been made for the sake of brevity. For the full text of each ordinance, including all applicable definitions and penalties, see the link above. These laws are reproduced here with the intent of not only educating the public as to the nature of these ordinances, but informing them as to what rights remain to them under them, and assisting them in ensuring that, when an attempt is made to enforce them, it is done so based on the actual text of the law (these laws are often as confusing and unclear to the police officers enforcing them, as they are to the general public).

Note: The final total cost of any of the fines mentioned below is often several times the amount referenced in the municipal codes below, due to additional costs imposed by the county and state. For example, while the municipal code specifies a fine of $20 for a violation of the Sleeping Ban (6.36.010a), the total cost (if paid prior to an appearance in court) is $90.00 (at the time of this writing).

Commentary providing an explanation of the purpose and practical effect of each law in plain English may also be included, as needed.

Quick Links To Commonly Referenced Municipal Codes

Chapter 5.42 COMMERCIAL ACTIVITIES ON STREETS AND SIDEWALKS

5.42.010 COMMERCIAL DISPLAY DEVICES ON STREETS AND SIDEWALKS.

No person shall place, erect, maintain or cause to be placed, erected or maintained anywhere in Santa Cruz wherein commercial display devices are not regulated by any other provision of this code, any display device for any businessor commercial purpose, including the rent, sale, barter or exchange of any goods, wares or merchandise

(Ord. 2004-05 § 1, 2004: Ord. 93-15 § 2 (part), 1993).

5.42.020 DISPLAY OF MERCHANDISE ON STREETS AND SIDEWALKS.

No person for any business or commercial purpose shall use any public place under the control of the City of Santa Cruz wherein the commercial display of merchandise is not regulated by any other provision of this code, for the display of merchandise for sale, barter or exchange. A person uses a public place for display of merchandise when he or she rests the merchandise on such place for public view or when he or she holds such merchandise for public view while personally occupying a portion of such public place, or when he or she rests such merchandise on a display device in such public place for public view.

(Ord. 2004-05 § 2, 2004: Ord. 93-15 § 2 (part), 1993).

5.42.030 EXCEPTIONS.

(a) Sections 5.42.010 and 5.42.020 shall not apply to newsracks which are placed in conformity with the provisions of this code regulating newsracks on city sidewalks.

(b) Section 5.42.020 shall not apply to the display of newspapers, periodicals or other literature, when the person so displaying such newspapers, periodicals or other literature holds them in his or her personal possession for public view.

(Ord. 93-15 § 2 (part), 1993).

5.42.080 VIOLATIONS.

Any person who erects, maintains, uses or causes to be erected, maintained or used, any display device in violation of this chapter is guilty of an infraction for the first offense. Any subsequent violation occurring within six months after the first violation shall constitute a misdemeanor. At the discretion of the city attorney, said violation may be prosecuted as an infraction. In addition to any other available remedies and penalties, any violation(s) shall be subject to the remedies and penalties provided for in Title 4 of this code.

(Ord. 2004-05 § 4, 2004: Ord. 93-15 § 2 (part), 1993).

5.43.000 DEFINITIONS.

For purposes of this chapter, certain words and phrases are defined as follows:

(a)"Noncommercial use" means any political, civic, religious or other public service or charitable activity, including speech, or the distribution of literature, whether or not such activity is conducted with the assistance of a display device, and where the use is conducted for either the sale of merchandise or the solicitation of donations.

(b) "Display device" means a table, rack, chair, box, cloth, stand, or any container, structure or other object used or capable of being used for holding or displaying tangible things, together with any associated seating facilities; "display device" does not include any street furniture such as benches or planters, or any other structure permanently installed by the city of Santa Cruz or with the consent of the city of Santa Cruz, or newsracks placed in conformity with the provisions of this code regulating newsracks.

(Ord. 94-13 § 2 (part), 1994).

5.43.010 CONDITIONS OF USE.

Persons may place, erect, or maintain a display device for noncommercial use on any public sidewalk only as provided in this chapter. A display device may not exceed six feet by three feet in size. A display device may not exceed six feet in height.

(Ord. 94-13 § 2 (part), 1994).

5.43.020 PROHIBITED LOCATIONS.

(1) In order to assure safe, orderly and adequate public access and pedestrian traffic on city streets and sidewalks, no display device shall be placed in any of the following locations in the C-C Community Commercial; C-N Neighborhood Commercial; C-B Commercial Beach; CBD Central Business District; and R-T Tourist Residential zone districts:

(a) Within ten feet of any building entrance or fence or other structure separating private property from the public right-of-way other than cyclone fences between vacant lots and the public right-of-way, or ten feet directly in front of any window. Where any such entrance or window is recessed from the public sidewalk, the ten feet shall be measured from the point at which the building abuts the sidewalk;

(b) Within ten feet of any street corner or intersection;

(c) Within ten feet of any kiosk or mid-block crosswalk;

(d) Within ten feet of any drinking fountain, public telephone or bench;

(e) Within any portion of the sidewalk between the license-area limit line of any sidewalk cafe or other open-air eating establishment and the curb of the sidewalk and in no other location within ten feet of any such license-area limit line; or

(f) Within ten feet of any vending cart.

(2) No person shall allow a display device to remain in the same location on the sidewalk for a period of time exceeding one hour. After one hour the person who placed the display device on the sidewalk shall not place a display device on the sidewalk within 100 feet of the original display device location. After one hour the person who placed the display device shall not place a display device in the original display device location, or within 100 feet of the original display device location, for twenty-four hours.

(3) No person shall be cited under this section unless he or she has first been notified by a public officer or downtown host that he or she is in violation of the prohibition in this section, and thereafter continues the violation.

(Ord. 2002-49 § 1, 2002: Ord. 94-21 § 1, 1994: Ord. 94-13 § 2 (part), 1994).

5.43.030 NONCOMMERCIAL USE OF BENCHES AND STREET FURNITURE.

No person, after having been notified by a law enforcement officer that he or she is in violation of the prohibition in this section, shall use any street furniture, including any bench, planter, utility cabinet or other street furniture or structure permanently installed on public property, for the display of anything whatsoever for any noncommercial purpose, nor shall they otherwise put such bench, planter, utility cabinet, street furniture or structure to a noncommercial use.

(Ord. 94-21 § 2, 1994: Ord. 94-13 § 2 (part), 1994).

5.43.040 VIOLATIONS.

Any person who erects, maintains, uses or causes to be erected, maintained or used any display device or conducts a noncommercial use in violation of this chapter is guilty of an infraction for the first offense. Any subsequent violation occurring within six months after the first violation shall constitute a misdemeanor. In addition to any other available remedies and penalties, any violation(s) shall be subject to the remedies and penalties provided for in Chapter 1.08 of this code.

(Ord. 94-13 § 2 (part), 1994).

6.36.010 CAMPING PROHIBITED.

No person shall camp anywhere in the city of Santa Cruz, whether on public or private property, except as hereinafter expressly permitted. "To camp" means to do any of the following:

[THE SLEEPING BAN:]

(a) Sleeping -- 11 p.m. to 8:30 a.m. To sleep at any time between the hours of 11 p.m. to 8:30 a.m. in any of the following places:

(1) Outdoors with or without bedding, tent, hammock or other similar protection or equipment;

(2) In, on or under any structure not intended for human occupancy, whether with or without bedding, tent, hammock or other similar protection or equipment;

(3) In, on or under any parked vehicle, including an automobile, bus, truck, camper, trailer or recreational vehicle.

[THE BLANKET BAN:]

(b) Setting-up Bedding -- 11 p.m. to 8:30 a.m. To establish or maintain outdoors or in, on or under any structure not intended for human occupancy, at any time between the hours of 11 p.m. to 8:30 a.m., a temporary or permanent place for sleeping, by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock or other sleeping equipment in such a manner as to be immediately usable for sleeping purposes.

[THE CAMPING BAN:]

(c)Setting-up Campsite -- Anytime. To establish or maintain outdoors or in, on, or under any structure not intended for human occupancy, at any time during the day or night, a temporary or permanent place for cooking or sleeping, by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock or other sleeping equipment or by setting up any cooking equipment, with the intent to remain in that location overnight.

(Ord. 99-01 § 1, 1999: Ord. 78-29, § 2, 1978).

6.36.020 CAMPING PERMITTED.

Camping may be permitted in the city of Santa Cruz only under the following circumstances:

(a) Camping in public areas specifically set aside and clearly marked for public camping purposes;

(b) Camping events authorized and permitted by the Santa Cruz City parks and recreation department;

(c) Camping events authorized by the city council pursuant to Section 6.36.030;

(d) Camping:

(i)In the yard of a residence with the consent of the owner or occupant of the residence, where the camping is in the rear yard, or in an area of a side yard or front yard that is separated from view from the street by a fence, hedge or other obstruction; or

(ii) Inside of a licensed and registered motor vehicle in the parking lot on the site of a religious institution with the written consent of such institution, where the driver/occupant of such vehicle is in possession of a valid driver's license, provided that no more than three vehicles shall be permitted at any one location; or

(iii) Inside of a licensed and registered motor vehicle in the parking lot on the site of a business institution in a non-residential district with the written consent of both the business institution and property owner, where the driver/occupant of such vehicle is in possession of a valid driver's license, provided that no more than two vehicles shall be permitted at any one location;

(iv) Inside a licensed and registered vehicle in a residential off-street driveway with the written consent of the owner and occupant of the residence, where the driver/occupant of such vehicle is in possession of a valid driver's license, provided that no more than one vehicle shall be permitted at any one location. No particular location shall be used for camping under this provision for more than three days during any one calendar month.

Camping shall not be permitted under this subsection where it is conducted in such a manner as to create noise, inadequate sanitation, or other matters offensive to persons of ordinary sensibility; nor where the camping is of such frequency, intensity or duration as to constitute a use of land prohibited by any provision of Title 24 of this code; nor where the camping activity would be prohibited under any other provision of this code concerning use of mobilehomes; nor where any fee, charge or other monetary consideration is collected for the privilege of camping or for any services or the use of any facilities related thereto; nor where the covenants, conditions and restrictions of a duly organized homeowners association would prohibit the activity in the residential area subject to the covenants, conditions and restrictions.

(Ord. 2002-12 § 1, 2002: Ord. 2002-05 § 1, 2002: Ord. 99-01 § 2, 1999: Ord. 95-22, § 1, 1995: Ord. 78-29, § 2, 1978).

6.36.040 PENALTY -- SINGLE OFFENSE.

Any person who violates any section in this chapter is guilty of an infraction and shall be subject to a fine of not more than twenty dollars. Alternatively any person who violates any section in this chapter, in lieu of a fine may, if that person so requests, be required to provide no more than eight hours of community service.

(Ord. 99-01 § 3, 1999: Ord. 79-41 § 1, 1979).

6.36.050 PENALTY -- SUBSEQUENT OFFENSE WITHIN TWENTY-FOUR HOURS.

Any person who violates any section in this chapter, other than subsections (a) and (b) of Section 6.36.010, and is cited for such violation, and who within twenty-four hours after receiving such citation again violates the same section, is guilty of a misdemeanor.

(Ord. 99-01 § 4, 1999: Ord. 79-41 § l, 1979).

[THE WINTER ARMORY SHELTER EXEMPTION:]

6.36.055 CITATIONS ISSUED WHEN WINTER SHELTER ARMORY IS FULL.

Any citation issued for a violation of this chapter shall be dismissed by the city attorney in the interest of justice if, at the time of citation issuance, the winter shelter at the Santa Cruz National Guard Armory is filled to capacity.

(Ord. 99-01 § 5, 1999).

6.36.060 PUBLIC NUISANCE DECLARED.

Any campsite established in the city in violation of this chapter is declared to be a public nuisance, and the chief of police, after consultation with appropriate city officials and upon a determination that such a campsite constitutes an immediate threat to the health, safety or welfare of persons in the city, including persons using the campsite, is authorized and empowered to remove any such campsite forthwith. If persons are occupying the campsite at the time, then before removing the campsite, the chief of police, or the officer designated by the chief, shall warn the person or persons occupying the campsite that they are in violation of this chapter and shall give them the opportunity to remove the campsite forthwith.

(Ord. 94-11 § 1, 1994).

Chapter 9.04* CHILD PROTECTION CURFEW

9.04.030 CHILD PROTECTION CURFEW.

It shall be unlawful for a child ["any person who is under the age of sixteen years"] to tarry or remain in any public place between the hours of 11:00 p.m. and 5:00 a.m.

(Ord. 97-09 § 2 (part), 1997).

9.04.040 EXEMPTION.

A child shall not be in violation of the child protection curfew if, at any time the child is contacted by a police officer or person in control of a public place, the child is:

(a) Accompanied by the child's parent or guardian;

(b) On an errand at the direction of the child's parent or guardian, without detour or stop;

(c) In a motor vehicle involved in interstate travel;

(d) Engaged in a lawful employment activity, or is en route to or returning from a lawful employment activity, without detour or stop;

(e) Acting in response to an emergency ["an unforeseen circumstance that calls for immediate action to prevent serious bodily injury or loss of life. The term "emergency" includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life"];

(f) On the sidewalk abutting a child's residence or abutting the residence which is immediately adjacent to the child's residence;

(g) Returning directly home, without detour or stop, from a school or educational event, a religious event, a cultural event, a sporting event, a movie, any other entertainment or recreational activity or from any organized rally, demonstration, meeting or other congregation of persons protected by the First Amendment of the United States Constitution;

(h) Waiting at a bus stop or bus station for transportation;

(i) Emancipated in accordance with the California Family Code or other applicable state law.

(Ord. 97-09 § 2 (part), 1997).

9.04.070 VIOLATORS TO BE DETAINED.

Any child found to be in violation of this chapter may be immediately apprehended and shall be dealt with in accordance with the applicable laws of the state of California governing juveniles.

(Ord. 97-09 § 2 (part), 1997).

Chapter 9.10 AGGRESSIVE SOLICITATION

9.10.010 DEFINITIONS.

For the purposes of this chapter:

(a)"Solicitation" means any verbal request, or any non-verbal request made with a sign, by a person seeking an immediate donation of money, food, cigarettes or items of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this chapter. A person is not soliciting for purposes of this chapter when he or she passively displays a sign or places a collection container on the sidewalk pursuant to which he or she receives monetary offerings in appreciation for entertainment or a street performance he or she provides. This chapter does not apply to peddling and soliciting activity governed by Chapter 5.40 of this code.

(b)"Person" means and includes both individual persons and organizations.

(Ord. 2002-51 § 1, 2002: Ord. 2002-39 § 1, 2002: Ord. 2002-32 § 1, 2002: Ord. 94-10 § 1 (part), 1994).

9.10.020 TIME OF SOLICITATION.

Any person who solicits after sunset or before sunrise is guilty of an infraction.

(Ord. 94-10 § 1 (part), 1994).

9.10.030 PLACE OF SOLICITATION.

Any person who solicits in any of the following places, or any person who solicits when the person solicited is in any of the following places, is guilty of an infraction:

(a) At any bus stop;

(b) In any public transportation vehicle or facility;

(c) In any vehicle on the street;

(d) On private property, unless the solicitor has permission from the owner or tenant;

(e) Within fourteen feet of any entranceway into or exit from any building open to the public other than those referenced in subsection (f) of this section. Where any such entranceway or exit is recessed from the public sidewalk, the fourteen feet shall be measured from the point at which the building abuts the sidewalk;

(f) Within fifty feet of any bank, savings and loan, or other financial institution buildings, including their outdoor automatic teller machines;

(g) In the parking lot of any bank, savings and loan, or other financial institution;

(h) Within fifty feet of all cash disbursal machines, outdoor vending machines, outdoor money changing machines, or any other outdoor machine or device which disburses or accepts coins or paper currency, except parking meters and newspaper vending machines;

(i) Within fourteen feet of the face of any building not otherwise specifically referenced in this section or within fourteen feet of any fence or other structure separating private property from the public right-of-way, other than cyclone fences between vacant lots and the public right of way;

(j) While seated on or leaning against any public bench, planter, monument or other public property;

(k) While seated on or leaning against privately owned property without the property owner's or tenant's permission;

(l) Within fourteen feet of any crosswalk.

(Ord. 2002-39 § 2, 2002: Ord. 2002-32 § 2, 2002: Ord. 94-10 § 1 (part), 1994).

9.10.040 MANNER OF SOLICITATION.

Any person who solicits in any of the following manners is guilty of an infraction:

(a) By coming within three feet of the person solicited, until that person has indicated that he or she wishes to make a donation;

(b) By blocking the path of the person solicited, or other pedestrians, along a sidewalk or street;

(c) By following a person who walks away from the solicitor;

(d) By using profane or abusive language, either during the solicitation or following a refusal;

(e) By soliciting in a group of two or more persons; or

(f) While under the influence of alcohol or any illegal narcotic or controlled substance.

(Ord. 94-10 § 1 (part), 1994).

9.10.050 FALSE OR MISLEADING SOLICITATION.

(a) Any person who knowingly makes any false or misleading representation in the course of soliciting a donation is guilty of an infraction. False or misleading representations include, but are not limited to, the following:

(1) Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;

(2) Stating that the donation is needed to meet a need which does not exist;

(3) Stating that the solicitor is from out of town and stranded, when that is not true;

(4) Stating that the solicitor is homeless, when he or she is not;

(5) Stating that the solicitor is soliciting on behalf of an organization which does not exist or which has not authorized the solicitor to seek donations on its behalf.

(b) Any person who knowingly solicits a donation stating that the funds are needed for a specific purpose and then spends the funds received for a different purpose is guilty of an infraction.

(Ord. 94-10 § 1 (part), 1994).

9.10.060 MISDEMEANOR.

Any person who violates one or more of the sections of this chapter twice within a six-month period is guilty of a misdemeanor.

(Ord. 94-10 § 1 (part), 1994). SIDEWALK CHALKING BAN

Chapter 9.20 DEFACING SIDEWALKS

9.20.010 UNAUTHORIZED - AUTHORITY.

No person shall paint, write or otherwise place or affix upon any public curb or sidewalk in the city, any advertisements of any kind or character whatsoever, or any signs, marks, or paint, other than official traffic signs, marks or paint placed thereon in accordance with law, except as hereinafter provided. The director of public works may authorize, in writing, the painting, placing, or affixing of house numbers, pedestrian safety signs, or other markings serving a public interest.

(Ord. NS 597, 1964: prior code § 4272).

Chapter 9.36 NOISE

9.36.010 CURFEW - OFFENSIVE NOISE.

(a) No person shall between the hours of 10:00 p.m. and 8:00 a.m. make, cause, suffer or permit to be made any offensive noise (1) which is made within one hundred feet of any building or place regularly used for sleeping purposes, or (2) which disturbs, or would tend to disturb, any person within hearing distance of such noise.

(b) "Offensive noise" means any noise which is loud, boisterous, irritating, penetrating, or unusual, or that is unreasonably distracting in any other manner, such that it is likely to disturb people in the vicinity of such noise, and includes, but is not limited to, noise made by barking or howling dogs, by an individual alone or by a group of people engaged in any business, meeting, gathering, game, dance, or amusement, or by any appliance, contrivance, device, structure, construction, ride, machine, implement, or instrument.

(c) Subsection (a) above shall not apply between the hours of 7:00 a.m. and 8:00 a.m. to any person engaged in performance of a contract for public works awarded by the city of Santa Cruz where the director of public works determines that the project has the potential to disrupt traffic and that this disruption could be alleviated by authorizing construction work to commence at 7:00 a.m. or that due to time constraints on project completion it is necessary to allow the contractor to begin work at 7:00 a.m.

(d) Subsection (a) above shall not apply to any person engaged in performance of a contract for public works awarded by the city of Santa Cruz, in the event of emergency and if the city manager of the city of Santa Cruz so authorizes such work.

(Ord. 97-05 § 1, 1997: Ord. 96-23 § 1, 1996: Ord. 80-29 § 1, 1980; prior code § 4274).

9.36.020 UNREASONABLY DISTURBING NOISES.

No person shall make, cause, suffer or permit to be made any noises or sounds (a) which are unreasonably disturbing or physically annoying to people of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to any person, and (b) which are not necessary in connection with an activity which is otherwise lawfully conducted. As used in this section, "lawfully conducted activities" shall include, but not be limited to, any and all activities conducted by the city for public health, safety or welfare purposes.

(Ord. 93-08 § 1, 1993: Ord. 80-29 § 1, 1980; prior code § 4275.1).

9.36.025 PUBLIC HEALTH AND SAFETY.

This chapter shall not apply to refuse collection, recyclable collection or street sweeping activities undertaken by, or pursuant to contract with, the city of Santa Cruz. Similarly, this chapter shall not apply to any other activity undertaken by the city, another governmental agency, or city contractor, for public health and safety purposes when, in the judgment of the city or governmental agency, such activity cannot be undertaken effectively or efficiently in compliance with the regulations set forth in this chapter.

(Ord. 2003-37 § 1, 2003).

9.36.030 SUBSEQUENT OFFENSE WITHIN FORTY-EIGHT HOURS.

Any person who violates any section of this chapter and is cited for such a violation, and who within forty-eight hours after receiving such a citation again violates the same section, is guilty of a misdemeanor. A person is cited for a violation when he or she is issued and signs an infraction or misdemeanor citation, or when he or she is arrested and booked, or when a complaint is filed and the person is notified of the filing of such a complaint.

(Ord. 80-29 § 1, 1980).

9.36.040 ENFORCEMENT.

The provisions of this chapter are enforceable without reference to the regulations concerning noise set forth in the Zoning Ordinance and the fact that the city officer issuing a citation has not obtained a scientific noise measurement prior to issuing the citation shall not constitute a defense.

(Ord. 93-52 § 2, 1993: Ord. 80-35 § 1, 1980).

PARTY AT YOUR PERIL LAW

Chapter 9.37 CHARGES FOR SPECIAL SECURITY SERVICES AT LOUD OR UNRULY GATHERINGS

9.37.010 DEFINITIONS.

The following terms used in this chapter shall have the meanings set forth in this section.

(a) "Responsible person(s)" shall mean a person(s) with a right of possession in the property on which a loud or unruly gathering is conducted, including, but not limited to, an owner or tenant of the property if the gathering is on private property, or a permittee if the gathering is a permitted gathering on public property, or any person(s) accepting responsibility for such a gathering. "Responsible person" shall additionally include the landlord of another responsible person and the parents and/or legal guardians of responsible persons under the age of 21 years. To incur liability for special security service charges imposed by this chapter the responsible person need not be present at the loud or unruly gathering resulting in the emergency response giving rise to the imposition of special security service charges. This chapter therefore imposes vicarious as well as direct liability upon responsible persons.

(b) "Special security services" shall mean the provision of any police, fire or other emergency response service to a loud or unruly gathering within twelve months of a first response as provided in this chapter.

(c) "Loud or unruly gathering" shall mean a gathering of two or more persons on private property or a permitted gathering of two or more persons on public property whose loud or unruly conduct constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare, including violations of Chapter 9.36. This term excludes incidents of domestic violence. A loud or unruly gathering shall constitute a public nuisance.

(Ord. 2005-20 § 1, 2005: Ord. 89-03 § 1, 1989).

9.37.020 RESPONSE TO LOUD OR UNRULY GATHERINGS.

When a police officer responds to a first loud or unruly gathering at premises in the city with a given address, the officer shall inform any responsible person at the scene that:

(a) The officer has determined that a loud or unruly gathering exists; and

(b) Responsible persons will be charged for the cost of any special security services required for subsequent responses to the scene within the next twelve months.

Only one warning will be given pursuant to this section before the city assesses special security service costs pursuant to Section 9.37.030. If a responsible person cannot be identified at the scene, the police department may issue a warning to one of the other responsible persons identified in Section 9.37.010(a) or subsequently return to the scene and issue the warning to a then-present responsible person. Warnings given to responsible persons who do not reside at the premises in question shall be delivered by certified mail.

(Ord. 2005-20 § 2, 2005: Ord. 89-03 § 1, 1989).

9.37.030 COST RECOVERY FOR SPECIAL SECURITY SERVICES.

When the police department or fire department or other city emergency responder responds to a loud or unruly gathering at premises with a given address in the city within twelve months of a warning given to a responsible person for those premises pursuant to Section 9.37.020, or while any such warning remains in effect pursuant to Section 9.37.050, all responsible persons shall be jointly and severally liable for the city's costs of providing special security service for that response and all subsequent responses during that warning period.

(Ord. 2005-20 § 3, 2005: Ord. 89-03 § 1, 1989).

9.37.040 BILLING AND COLLECTION.

Charges for special security service shall include a reasonable charge for the emergency responder's time and actual costs of any equipment used or damaged in connection with the response, together with an additional thirty-three percent of the special security charge for administrative overhead. These charges shall be computed and a bill submitted to the responsible person(s). The chief of police shall promulgate notice and billing procedures for this purpose. The bill shall be a debt owed to the city and failure to pay that bill within thirty days is a violation of this code. If the city is obliged to initiate litigation or other proceedings authorized by Title 4 of this code to recover this debt, the responsible person shall be liable for:

(a) Costs of suit;

(b) Attorney's fees; and

(c) Costs of collection.

(Ord. 2005-20 § 4, 2005: Ord. 89-03 § 1, 1989).

9.37.050 VIOLATIONS/FINES.

(a) It shall be an infraction for a responsible person to conduct or allow a loud or unruly gathering on premises owned by the responsible person or on premises rented by or to the responsible person. A third or subsequent violation within a twelve-month period shall constitute a misdemeanor.

(b) Fines.

(1) A first violation of this Section shall be punishable by a fine of $250.00.

(2) A second violation of this section at a given address in the city within a given twelve-month period shall be punishable by a fine of $500.00.

(3) A third or subsequent violation of this section at a given address in the city within a given twelve-month period shall be punishable by a fine of $1,000.00.

(c) The fines prescribed at subsection (b) are in addition to any special security service charges that may be assessed pursuant to this chapter.

Plain English: if a previous violation occured at the apartment you are renting any time in the prior year, even if it was prior to your occupancy, you are screwed.

(d) The second, third or subsequent violation fines prescribed at subsections (b)(2) and (b)(3) are payable whether or not the responsible person at the time of the current loud or unruly gathering is the same person who was the responsible person for any prior loud or unruly gathering at those premises.

(e) The fine schedule prescribed at subsection (b) is a "rolling schedule" meaning that in calculating the fine payable the police department or city attorney shall count backward starting from the date of the most recent loud or unruly gathering to determine how many prior loud or unruly gatherings have taken place at the premises in question during the statutory twelve month period. A warning given pursuant to Section 9.37.020 shall remain in effect for the premises at a given address until a full twelve-month period has elapsed during which there have been no loud or unruly gatherings at those premises.

(Ord. 2005-20 § 5, 2005).

Plain English: if you're a college student, and you're busted at a party for possession of alcohol or being stoned or drunk, the cops are required to notify school (and their "student disciplinary office"), and the school is required to notify your parents.

9.37.060 SERVICE OF ALCOHOLIC BEVERAGES TO MINORS.

The city council hereby finds that the service of alcohol to minors at loud and unruly gatherings and the consumption of alcohol by minors at loud or unruly gatherings has in the past and continues to pose a threat to the health and safety of all persons who reside in the city and also causes significant disruption of city residents' quiet enjoyment of their households, especially in the city's residential neighborhoods. In addition, such conduct on behalf of persons who serve alcohol to minors and minors who consume alcohol at loud or unruly gatherings results in the expenditure of a disproportionate percentage of the city's police, fire and public safety resources which are underwritten primarily by general municipal taxes paid to the city by its taxpayers and residents. It is therefore the policy of the city council that in responding to loud or unruly gatherings, the city police department shall strictly enforce any and all applicable state laws pertaining to the service of alcohol to minors, and the consumption of alcohol by minors, and with respect to minors in possession of alcohol, the police department shall establish a "no tolerance" protocol by which the police department contacts, or causes the minor's school to contact, the minor's parents or legal guardians whenever the minor is found to be in possession of alcohol or narcotics or found to be intoxicated at a loud or unruly gathering. Where the minor's school has an internal student disciplinary office any such incident shall likewise be reported to that office.

(Ord. 2005-20 § 6, 2005).

Chapter 9.40 SOUND AMPLIFIERS

9.40.010 SOUND AMPLIFICATION PERMIT REQUIRED.

No person shall use or cause to be used at any place in the city whether on public property or private property any sound-amplifying device or equipment without first having secured a permit to do so from the police department, except as provided in Section 9.40.060.

(Ord. 80-29 § 2, 1980; prior code § 4276).

9.40.060 EXCEPTIONS.

The permits otherwise required by this chapter shall not be required of sound-amplifying equipment or devices under the following circumstances:

(d) Radios, record players, TV's, and tape players wherever used, when the volume does not exceed the volume or normal conversational speech;

9.40.070 VIOLATIONS.

Any person who uses or causes to be used any sound-amplifying equipment or device in violation of the provisions of this chapter, whether by failing to obtain a permit when required or by failing to comply with the terms and conditions of a permit when issued is guilty of an infraction.

(Ord. 80-29 § 2, 1980).

9.40.080 SUBSEQUENT OFFENSE WITHIN FORTY-EIGHT HOURS.

Any person who violates any section of this chapter and is cited for such a violation, and who within forty-eight hours after receiving such a citation again violates the same section is guilty of a misdemeanor. A person is cited for a violation when he or she is issued and signs an infraction or misdemeanor citation, or when he or she is arrested and booked, or when a complaint is filed and the person is notified of the filing of such a complaint.

(Ord. 80-29 § 2, 1980).

Chapter 9.49 NONCOMMERCIAL SIGNS ON PUBLIC PROPERTY

9.49.020 DEFINITIONS.

(a) Commercial Sign. A "commercial sign" is one whose message concerns goods or services offered for consideration by a person engaged in a profit-oriented business.

(b) Noncommercial Sign. A "noncommercial sign" is any sign that is not commercial. Noncommercial signs include:

(1) Advertising displays erected by non-profit organizations for fundraising and related purposes; and

(2) Signs containing political, civic, public service, or religious messages.

9.49.030 PERMITTED SIGNS

Noncommercial signs may be placed on public property only on public light and utility poles, kiosks and public bulletin boards as provided in this section. Signs found to violate this section may be summarily removed by anyone.

(a) Each sign must state the name and address of the person responsible for its placement and the date of its placement.

(b) Each sign must be capable of being removed without marring or otherwise damaging the object to which it is attached.

(c) No sign may be affixed with glue or any other substance except tape.

(d) No portion of a sign may protrude from the edge of the object to which it is attached.

(e) Signs on the Pacific Garden Mall must be placed on the information kiosks designed and maintained for that purpose and not elsewhere; noncommercial banners may be installed by city employees pursuant to procedures adopted by the city council and are exempted from the requirements of subsections (a) and (d) of this section.

(f) Signs authorized by this chapter may not exceed fourteen inches in their longest dimension.

(g) Only one copy of a single sign may be posted on any one light or utility pole.

(Ord. 84-39 § 1, 1984: Ord. 83-33 § 1, 1983).

9.49.040 PROHIBITED SIGNS.

The following signs are prohibited on public property:

(a) Commercial signs;

(b) Signs placed on any building, fence, fire alarm, utility guy wire, support wire, traffic sign, signal or standard, or on any tree or shrub;

(c) Signs placed on or over any portion of another lawfully placed sign.

(Ord. 83-33 § 1, 1983).

9.49.050 REMOVAL OF SIGNS.

All signs placed in conformity with this chapter must be removed as follows:

(a) Torn, tattered or damaged signs must be immediately removed or replaced.

(b) Signs relating to political campaigns or civic events must be removed within ten days following the election or event.

(Ord. 83-33 § 1, 1983).

Chapter 9.50 CONDUCT ON PUBLIC PROPERTY

9.50.005 DEFINITIONS.

(a) The definitions set forth in this section apply to Section 9.50.010 and to any other section where these definitions are incorporated by reference, either expressly or by implication.

(b) Public Place. "Public place" includes any of the following:

(1) Any area inside a city or school district building;

(2) Any enclosed area outdoors which is owned or occupied by the city of Santa Cruz and used for public purposes, or which is owned or occupied by a public school district;

(3) Any unenclosed area outdoors, whether such area is publicly or privately owned or occupied, to which the general public has access and to which, by right or by express or implied invitation, the general public may resort for business, pleasure, or other lawful purpose; this category includes, but is not limited to, publicly owned open areas such as streets, sidewalks, parks, beaches, and open areas that may be either public or privately owned, such as entrance ways, alcoves, yards, and parking lots;

(4) Any privately owned walkway, whether enclosed or unenclosed, which is open to the general public and which, among its principal purposes, serves to allow pedestrians to pass through or over the premises, without regard to the pedestrian's destination;

(5) Outdoor parking lots, whether publicly or privately owned, which are adjacent to streets, sidewalks or other public places open to the general public.

(c) Public Way. "Public way" means any public place or portion of a public place which serves primarily for the movement of pedestrian, vehicular, or bicycle traffic from one area to another; "public way" includes, but is not limited to, streets, sidewalks, bicycle paths, covered or enclosed walkways for pedestrians, and portions of the municipal wharf set aside for pedestrian or vehicular traffic.

(d) Enclosed Area. "Enclosed area" means an area which is substantially surrounded by a fence, ditch, wall or other barrier so as to limit access to a relatively few points around the area.

(e) City Building. "City building" means any building which is owned or occupied by the city of Santa Cruz or any of its agencies and which is used for public purposes.

(f) School District Building. "School district building" means any building which is owned or occupied by a public school district and which is used for public purposes.

(Ord. 80-17 § 1, 1980).

9.50.010 OBSTRUCTION OF MOVEMENT IN PUBLIC WAYS.

No person shall occupy any portion of a public way or public place so as to obstruct or interfere with the flow of pedestrian or vehicular traffic thereon, whether such person does so alone or together with one or more persons, or with equipment or personal property of any nature, and whether such person does so by standing, sitting, lying, or in any other manner.

(Ord. 94-50 § 1, 1994: Ord. 94-09 § 2, 1994: Ord. 80-17 § 2, 1980; Ord. 69-14 § 1 (part), 1969).

9.50.011 LYING DOWN ON PUBLIC SIDEWALKS IN DESIGNATED CITY ZONES.

No person shall lie down upon a public sidewalk or sidewalk curb in the following zone districts: C-C community commercial, C-N neighborhood commercial, C-B commercial beach, CBD central business district, and R-T tourist residential.

(Ord. 94-50 § 2, 1994: Ord. 94-41 § 1, 1994).

9.50.012 SITTING DOWN ON SIDEWALKS IN DESIGNATED CITY ZONES.

In the C-C community commercial, C-N neighborhood commercial, C-B commercial beach, CBD central business district, and R-T tourist residential zoning districts, no person shall sit upon the following enumerated portions of a public sidewalk:

(a) Within fourteen feet of any entranceway into or exit from a building;

(b) Within fourteen feet of any building window;

(c) Within fourteen feet of any drinking fountain or public telephone;

(d) Within fifty feet of any cash disbursal machine, outdoor vending machine, outdoor money-changing machine, or any other outdoor machine or device which disburses or accepts coins or paper currency, except parking meters and newspaper vending machines;

Within fourteen feet of any open air dining area or café extension.

(Ord. 2002-33 § 1, 2002: Ord. 94-50 § 3, 1994: Ord. 94-41 § 2, 1994: Ord. 94-09 § 3, 1994).

9.50.014 EXEMPTIONS TO SECTIONS 9.50.010, 9.50.011 AND 9.50.012.

Sections 9.50.010, 9.50.011 and 9.50.012 shall not apply in the following cases and to the following persons:

(a) Persons standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance or similar event permitted under the provisions of this code;

(b) Any conduct which is in conformity with the terms of any permit granted pursuant to this code;

(c) Any conduct in public places that are privately owned where such conduct is in conformity with permission granted by the owner of said premises or by the person entitled to the possession of said premises;

(d) Persons sitting or lying down due to a medical emergency;

(e) Persons who, as the result of a disability, utilize a wheelchair or similar device to move about;

(f) Persons who place chairs or stools on public sidewalks in conjunction with display devices or noncommercial uses permitted under Chapter 5.43 of this code.

(Ord. 94-50 § 4, 1994: Ord. 94-41 § 3, 1994: Ord. 94-09 § 4, 1994).

9.50.020 CONDUCT ON PUBLIC PROPERTY, MONUMENTS, AND LAWNS.

No person, after having been notified by a law enforcement officer that he or she is in violation of the prohibition in this section, shall:

(a) Walk, stand, sit or lie upon any monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, median, fire hydrant, street-tree planter, berm, utility cabinet, railing, fence, planter, or upon any other public property not designed or customarily used for such purposes;

(b) Walk, stand, sit or lie upon any public lawn or planted area which is posted with signs that forbid such conduct; or

(c) Walk, stand or lie upon any public bench.

HACKYSACK BAN

(d) In the C-C community commercial, C-N neighborhood commercial, C-B commercial beach, CBD central business, and R-T tourist residential zoning districts, intentionally throw, discharge, launch or spill any solid object (including but not limited to footballs, hackysacks, baseballs, beach balls, Frisbees, or other similar devices) or liquid substance or otherwise cause any object or substance to be thrown, discharged, launched, spilled or to become airborne.

(e) Notwithstanding subsection (d), individual bubble street performers and individual jugglers who otherwise comply with all applicable statutes and ordinances are authorized to blow bubbles and juggle in the C-C, C-N, C-B, CBD and R-T zoning districts. When in the judgment of the director of parks and recreation or the police chief, or their respective designees, said bubble-blowing or juggling activity will materially interfere with pedestrian use of the sidewalk or attract crowds which will create such interference, the city may require a bubble street performer or juggler to obtain a non-commercial event permit from the city as a condition to continuing or undertaking a bubble or juggling performance. This subsection shall not be construed to authorize hackysack activity in the referenced zone districts.

(Ord. 2003-20 § 1, 2003: Ord. 2002-34 § 1, 2002: Ord. 94-09 § 5, 1994: Ord. 69-14 § 1 (part), 1969).

9.50.030 ABUSE OR MUTILATION OF TREES, PLANTS AND LAWN.

Without first obtaining a permit from the director of parks and recreation, it is unlawful for any person in any public place to:

(1) Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant;

(2) Attach any sign, wire or injurious material to any tree or plant;

(3) Cause or permit any wire charged with electricity to come in contact with any tree or plant;

(4) Allow any gaseous, liquid or solid substances harmful to trees and plants to come in contact with the roots, leaves, bark or any part of any tree or plant;

(5) Tie any horse, dog or other animal to any tree or plant;

(6) Climb any tree or plant;

(7) Dig in or otherwise disturb plants, lawn or grass areas, or in any other way injure or impair the natural beauty or usefulness of any plant, lawn or grass areas;

(8) Willfully mark, deface, disfigure, injure, displace or remove any building, structure, bench, monument, planter, paving or building material, sign, notice or other public property and appurtenances whatsoever.

(Ord. 69-14 § 1 (part), 1969).

Chapter 15.32 OBSTRUCTIONS*

15.32.010 PLACEMENT OF OBSTRUCTIONS ON STREETS AND SIDEWALKS.

(a) No person shall place or park any vehicle or object on any public street, sidewalk, roadway, pedestrian way, or bicycle path in the city of Santa Cruz, where placement of such vehicle or object constitutes a hazard to traffic or pedestrians or an obstruction to the free movement of traffic for pedestrians under either of the following circumstances:

(1) When such person does so with the intent that such vehicle or object remain in such a place for an unreasonable or substantial period of time; or

(2) When such person thereafter knowingly permits such vehicle or object to remain in such place for an unreasonable or substantial period of time.

Plain English: a homeless person who leaves any of their possessions on the ground or a bench (such as when they walk into a store or walk over to a friend) is subject to having them seized without notice or warning.

(b) Any period of time which is likely to result in, or which does result in, more than a trivial hazard or obstruction shall constitute an unreasonable or substantial period of time.

(Ord. 2004-07 § 2 (part), 2004).

15.32.040 SIDEWALK OBSTRUCTIONS -- AFTER DARK.

No person, without a permit, shall place on the public sidewalks of the city between sunset and sunrise any structure or object which may potentially represent a hazard or obstruction to any able-bodied or disabled person traversing any portion of such public sidewalk. This section shall not apply to items left on public sidewalks for refuse or recycling collection.

(Ord. 2004-07 § 2 (part), 2004).

15.32.050 PUBLIC NUISANCE DECLARED.

If any vehicle, object, structure, construction material or construction equipment is placed or left upon any public street, sidewalk, roadway, pedestrian way or bicycle path in the city of Santa Cruz, contrary to the terms of this chapter and without the written permission of the director of public works, any such vehicle, object, structure, construction material or construction equipment is declared to be a public nuisance, and the director of public works is hereby authorized and empowered to remove any such vehicle, object, structure, construction material or construction equipment from the public street, sidewalk, roadway, pedestrian way or bicycle path forthwith. If the person owning or otherwise responsible for any such vehicle, object, structure, construction material or construction equipment is present, then before removing the vehicle, object, structure, construction material or construction equipment, the director of public works or the person designated by the superintendent shall warn that person that he or she is in violation of this chapter and shall give that person the opportunity to remove forthwith the vehicle, object, structure, construction material or construction equipment.

(Ord. 2004-07 § 2 (part), 2004).

Plain English: the City Attorney may, at his or her discretion, prosecute a misdemeanor charge as an infraction.

4.04.010 CRIMINAL VIOLATIONS – MISDEMEANORS AND INFRACTIONS.

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Santa Cruz Municipal Code. Except as elsewhere stated in this code, a violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute an infraction. Notwithstanding any other provision of this code, any violation of this code which constitutes a misdemeanor under this code may, in the discretion of the city attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than $1000.00 or by imprisonment in the County Jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable by fine only as follows: upon a first conviction, by a fine of not exceeding $100.00; for a second conviction within a period of one year, by a fine of not exceeding $200.00; for each additional violation of the same ordinance within a period of one year, by a fine of not exceeding $500.00. Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.

(Ord. 2000-17 § 2 (part), 2000).

Chapter 9.60 TRESPASSING

9.60.010 REMAINING ON BUSINESS PROPERTY AFTER A REQUEST TO LEAVE.

(a) No person shall willfully remain upon any business premises, whether indoors or outdoors, after being notified by the owner, lessee, or other person in charge thereof to leave.

(b) No person, without permission, express or implied, of the owner, lessee, or other person in charge of business premises, shall enter upon such premises after having been notified by the owner, lessee, or other person in charge thereof to keep off or to keep away therefrom.

(c) The notification referred to in subsections (a) and (b) of this section may be given orally or in the form of a written notice, posted in any conspicuous place; in either case, the notice shall identify the prohibited area and the time period, if limited, during which such prohibition remains in effect

(Ord. 85-76 § 5, 1986: Ord. 80-24 § 2, 1980).

9.60.011 EXCEPTIONS.

Section 9.60.010 shall not apply in any of the following circumstances:

(a) Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person;

(b) Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers; or

(c) Where its application would result in an interference with or an inhibition of any exercise of a constitutionally protected right of freedom of speech or assembly.

(Ord. 80-24 § 2, 1980).

9.60.012 TRESPASS LETTERS.

Six-month trespass letters filed with the Santa Cruz police department pursuant to California Penal Code Section 602(n) requesting peace officer assistance to remove trespassers from premises on property when closed to the public shall be deemed renewed for a single additional six-month period unless the property owner who filed the trespass letter, or the property owner's successor in interest, requests that there be no such automatic renewal. No such trespass letter filed pursuant to California Penal Code Section 602(n) shall be effective for more than one year.

(Ord. 97-15 § 1, 1997).

9.60.020 PENALTY - INFRACTION.

Any person who violates Section 9.60.010 is guilty of an infraction with a minimum fine of fifty dollars.

(Ord. 80-24 § 2, 1980).

9.60.030 SUBSEQUENT OFFENSE WITHIN FORTY-EIGHT HOURS.

Any person who violates Section 9.60.010 and who is cited for such a violation, and who within forty-eight hours after receiving such citation again violates Section 9.60.010 is guilty of a misdemeanor.

(Ord. 80-24 § 2, 1980).

Chapter 9.62 TRESPASS FOR ENTRY UPON PUBLIC TRANSIT FACILITIES

9.62.010 TRESPASS ON PUBLIC TRANSIT FACILITIES.

Every person who enters or remains on or in a public transit facility (including, without limitation, a metro center, transfer center, or other passenger boarding or deboarding facility, or bus owned or operated by Santa Cruz Metropolitan Transit District) after having been notified by the owner, operator, or other person in charge thereof that consent for such person to enter or remain on or in such facility has been withdrawn is guilty of a trespass and may be prosecuted for the commission of a misdemeanor or infraction. Such notification that the owner, operator, or other person in charge has issued a withdrawal of consent for a person to enter or remain on or in a public transit facility shall be given in writing. Such withdrawal of consent shall specify the period of time (not to exceed fourteen consecutive days) and the particular public transit facilities from which the person to whom the notice is given (recipient) shall keep away. Such notice shall also contain a statement informing the recipient that he or she may appeal the issuance of the withdrawal of consent to the issuing person's superior (hearing officer). The withdrawal of consent shall be stayed pending the conduct of an informal due process hearing on the appeal unless the hearing officer determines that the presence of the recipient will cause a substantial and material threat:

(a) To the orderly operation of the public transit facility; or

(b) Of significant injury to person or property. A withdrawal of consent may be issued only to a person who has (within the issuing person's present) violated duly adopted written rules or regulations applicable to a public transit facility or otherwise disrupted the operation of a public transit facility in a manner proscribed by statute or ordinance.

(Ord. 88-33 § 1, 1988).

9.62.020 VIOLATION - PENALTY.

Any person who violates any provision of this chapter is guilty of a misdemeanor or infraction and punishable as such.

(Ord. 88-33 § 1, 1988).

JAYWALKING (from California Vehicle Code)

Tunnel or Overhead Crossing

21953. Whenever any pedestrian crosses a roadway other than by means of a pedestrian tunnel or overhead pedestrian crossing, if a pedestrian tunnel or overhead crossing serves the place where the pedestrian is crossing the roadway, such pedestrian shall yield the right-of-way to all vehicles on the highway so near as to constitute an immediate hazard.

This section shall not be construed to mean that a marked crosswalk, with or without a signal device, cannot be installed where a pedestrian tunnel or overhead crossing exists.

Amended Ch. 680, Stats. 1972. Effective March 7, 1973.

Pedestrians Outside Crosswalks

21954.

(a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.

(b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.

Amended Ch. 1015, Stats. 1971. Operative May 3, 1972.

Crossing Between Controlled Intersections

21955. Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.

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