9.04.010   UNLAWFUL.

It is unlawful for any person to fail or refuse to comply with any reasonable rule or order of the City Council governing conduct of its meetings or any reasonable order of the mayor or other person acting as president of the City Council whenever the City Council is holding a regular or special meeting as the governing body of the City. (Ord. 376 §5, passed -- 1968)

9.16.010   DEFINITION.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning:

     SPARK ARRESTER.  a device constructed of nonflammable materials, which is specifically designed for, and is capable of, the removal and retention of carbon and other flammable particles over 0.0232 of an inch in size from the exhaust flow of an internal combustion engine that is operated by hydrocarbon fuels. (Ord. 432 §1, passed -- 1973)

9.16.020   PROHIBITION.

It is unlawful to use, sell, rent, lease or exchange, or to offer to sell, rent, lease or exchange, any device or machine utilizing an internal combustion engine, which is operated on hydrocarbon fuels, without first providing and maintaining in effective working condition a spark arrester attached to the exhaust system, such a spark arrester to be placed and mounted in such a manner as not to allow flame or heat from the exhaust system to ignite any flammable material. (Ord. 432 §2, passed -- 1973)

9.16.030   EXCEPTIONS.

This chapter shall not apply to motor trucks, truck tractors, buses and passenger vehicles, except motorcycles; provided, that the exhaust system of such a vehicle is equipped with a muffler as defined in the California Vehicle Code. (Ord. 432 §3, passed -- 1973)

9.16.040   VIOLATION - PENALTIES.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor ,and upon conviction thereof, shall be punishable as provided in Chapter 1.12. (Ord. 874 §20, passed 8-25-2008.)

9.16.050   ENFORCEMENT.

Any duly authorized peace officer, Division of Forestry officer, or any officer charged with the enforcement of fire prevention and general public safety laws pertaining to the safety of persons or property shall have the power to enforce this chapter. (Ord. 432 §5, passed -- 1973)

9.20.010   USE UNLAWFUL.

Unless otherwise provided by law, it is unlawful for any person, or persons, firm or corporation to sell, dispose of or give away, ignite, fire or explode any rockets, bombs, firecrackers or fireworks of any kind or description whatsoever within the corporate limits of the City. (Ord. 119 §1, passed -- 1910; Am. Ord. 800 §1, passed -- 1997)

9.24.010   EXPECTORATING UNLAWFUL.

It is unlawful for any person to expectorate upon the floor of any public building, upon the steps thereof or upon the sidewalk of any public street within the limits of the City. (Ord. 123 §1, passed -- 1911)

9.24.020   DROPPING FRUIT AND VEGETABLE PEELS.

It is unlawful for any person to drop or place upon the floor of any public building, upon the steps thereof or upon the sidewalks of any public street within the limits of the City, any fruit, vegetable or the peel of any fruit or vegetable. (Ord. 123 §2, passed -- 1911)

9.26.010   DEFINITIONS.

For purposes of this chapter, the following words shall apply unless the context clearly indicates or requires a different meaning.

1.  
   1. Approaching or speaking to a person, or following a person before, during or after panhandling, if that conduct is likely to cause a reasonable person to:
      1. fear bodily harm to oneself or to another, damage to or loss of property, or
      2. otherwise be intimidated into giving money or other thing of value; or if the conduct is intended to have these effects;
   2. Approaching an occupied vehicle by entering into a public street or private roadway when traffic is either stopped or moving, before, during or after panhandling;
   3. Knocking on the window of, or physically reaching toward or into an occupied vehicle before, during or after panhandling;
   4. Continuing to solicit from a person after the person has given a negative response to such panhandling;
   5. Intentionally touching or causing physical contact with another person without that person's consent in the course of panhandling;
   6. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact before, during or after panhandling;
   7. Using violent or threatening gestures toward a person before, during or after panhandling;
   8. Using profane, offensive or abusive language toward a person before, during or after panhandling;
   9. Panhandling while under the influence of alcohol or any illegal narcotic or controlled substance; or
   10. Closely following a person while panhandling, with the intent of asking that person for money, goods or other things of value.

(Ord. 852 §2, passed -- 2005)

9.26.020   PURPOSE OF ORDINANCE.

The intent of the City Council in enacting this ordinance, and the purpose of this ordinance, is to improve the quality of life and economic vitality of the City, and to protect the safety of the general public against certain abusive conduct of persons engaged in aggressive panhandling in all places and all forms of panhandling in certain locations, by imposing reasonable manner and place restrictions on panhandling while respecting the constitutional rights of free speech for all citizens. (Ord. 852 §2, passed -- 2005)

9.26.030   UNLAWFUL PANHANDLING.

It is unlawful and a public nuisance for any person to:

1. Panhandle in an aggressive manner in any public place.
2. Panhandle an operator or other occupant of a motor vehicle while such vehicle is located at an intersection of any street or highway, or at a driveway; provided, however, that this paragraph shall not apply to services rendered in connection with emergency services or repairs requested by the operator or passenger of such vehicle.
3. Panhandle in any public transportation vehicle, or in any public or private parking lot or parking structure.
4. Panhandle in a restaurant, including any outdoor or indoor dining area of a restaurant, or other establishment serving food for immediate consumption, or within twenty feet of the entrance to or exit from such restaurant or other establishment serving food for immediate consumption, if the person soliciting, asking or begging remains there after being asked to leave by the owner, manager, supervisor or other authorized agent of the restaurant or other establishment.

(Ord. 852 §2, passed -- 2005)

9.26.040   PENALTY FOR VIOLATION.

Any violation of this chapter shall be deemed an infraction, and upon conviction thereof shall be punishable as provided in Chapter 1.12.  (Ord. 874 §21, passed 8-25-2008)

9.28.010   PURPOSE.

1. The illegal use of controlled substances within the incorporated area of the City creates serious social, medical and law enforcement problems, The illegal use of such substances by persons under eighteen years of age has reached crisis dimension. It is causing serious physical and psychological damage to the youth of this community, and impairment of educational achievement and of the efficiency of the educational system, increases in non-drug related crime, and a threat to the ability of the community to ensure future generations of responsible and productive adults; all to the detriment of the health, safety and welfare of the citizens of the City.
2. The proliferation of the display of drug paraphernalia in retail stores within the City, and the distribution of such paraphernalia, intensifies and otherwise compounds the problem of illegal use of controlled substances within this community.
3. A ban only upon the display and distribution of drug paraphernalia to persons under eighteen years of age would not be practical. The person who displays or distributes would have difficulty determining who could lawfully view or receive drug paraphernalia. The already thin staffed law enforcement agencies would be subjected to intolerable added enforcement burdens by adding age of a person who views or receives paraphernalia as an element of a prohibition upon display and distribution. A significant number of high school students are eighteen years of age or older. It would be lawful to distribute paraphernalia to some students attending the same school in which the distribution to other students would be prohibited. Permitted display and distribution to adults within the community would symbolize a public tolerance of illegal drug use, making it difficult to explain the rationale of programs directed against similar abuse by youth. The problem of illegal consumption of controlled substances by adults within this community is significant and substantial, necessitating a cessation of the encouragement to drug abuse which the display and distribution of drug paraphernalia create.
4. This chapter is a measure which is necessary in order to discourage the illegal use of controlled substances within the City.

(Ord. 575 §1, passed -- 1982)

9.28.020   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1. Kits intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
2. Kits intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
3. Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance;
4. Testing equipment intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
5. Scales and balances intended for use in weighing or measuring controlled substances;
6. Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, intended for use in cutting controlled substances;
7. Separation gins and sifters intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
8. Blenders, bowls, containers, spoons and mixing devices intended for use in compounding controlled substances;
9. Containers and other objects intended for use in storing or concealing controlled substances; and
10. Objects intended for use in injecting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
    1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls,
    2. Water pipes,
    3. Carburetion tubes and devices,
    4. Smoking and carburetion masks,
    5. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand,
    6. Miniature cocaine spoons, and cocaine vials,
    7. Chamber pipes,
    8. Carburetor pipes,
    9. Air-driven pipes,
    10. Bongs.
11. In determining whether an object is DRUG PARAPHERNALIA, a court or other authority may consider, in addition to all other logically relevant factors, the following:
    1. Statements by an owner or by anyone in control of the object concerning its use;
    2. The proximity of the object to controlled substances;
    3. The existence of any residue of controlled substances on the object;
    4. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom he knows intend to use the object to facilitate a violation of the laws of the state relating to controlled substances;
    5. Instructions, oral or written, provided with the object concerning its use;
    6. Descriptive materials accompanying the object which explain or depict its use;
    7. National and local advertising concerning its use;
    8. The manner in which the object is displayed for sale;
    9. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
    10. The existence and scope of legitimate uses for the object in the community; and
    11. Expert testimony concerning its use.

(Ord. 575 §2, passed -- 1982; Am. Ord. 870 §13, passed 8-25-2008)

9.28.030   DISPLAY.

1. Except as authorized by law, it is unlawful for any person to willfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business.
2. Except as authorized by law, it is unlawful for any person who is the owner of a business, an employee thereof or one who works at such business as an agent of the owner, to willfully display drug paraphernalia at such business.

(Ord. 575 §3, passed -- 1982)

9.28.040   DISTRIBUTION.

Except as authorized by law, it is unlawful for any person to willfully distribute to another person drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of any law of the state. (Ord. 575 §4, passed -- 1982)

9.28.050   VIOLATION - PENALTY.

9.30.010   PURPOSE AND INTENT.

It is the purpose and intent of this ordinance to regulate Medical Marijuana Dispensaries in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. It is not the intent nor effect of this ordinance to condone or legitimize the use of marijuana. (Ord. 850, passed -- 2005)

9.30.020   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      APPLICANT. A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a medical marijuana dispensary.
     CHIEF OF POLICE. The Chief of Police of the City of Fort Bragg or the authorized representatives thereof.
     CHURCH. A structure or leased portion of a structure which is used primarily for religious worship and related religious activities.
     CONTROLLED SUBSTANCES.  A drug, substance, or immediate precursor which is listed in any schedule in Health & Safety Code §§ 11054, 11055, 11056, 11057, or 11058.
     DRUG PARAPHERNALIA.  Shall have the same definition as Cal. Health and Safety Code § 11364.5, and as may be amended.
     IDENTIFICATION CARD.  Shall have the same definition as Cal. Health and Safety Code § 11362.5 et seq., and as may be amended.
     MEDICAL MARIJUANA DISPENSARY or DISPENSARY. Any facility or location where medical marijuana is made available to and/or distributed by or to two (2) or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with Cal. Health and Safety Code §§ 11362.5 et seq. A MEDICAL MARIJUANA DISPENSARY shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Cal. Health and Safety Code Chapter 1 of Division 2, a health care facility licensed pursuant to Cal. Health and Safety Code Chapter 2 of Division 2, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Cal. Health and Safety Code Chapter 3.01 of Division 2, a residential care facility for the elderly licensed pursuant to Cal. Health and Safety Code Chapter 3.2 of Division 2, a residential hospice, or a home health agency licensed pursuant to Cal. Health and Safety Code Chapter 8 of Division 2, as long as any such use complies strictly with applicable law including, but not limited to, Cal. Health and Safety Code §§ 11362.5 et seq.
     PERMITTEE. The person to whom a medical marijuana dispensary permit is issued.
     PERSON WITH AN IDENTIFICATION CARD.  Shall have the same definition as Cal. Health and Safety Code §§ 11362.5 et seq., and as may be amended.
     PRIMARY CAREGIVER.  Shall have the same definition as Cal. Health and Safety Code §§ 11362.5 et seq., and as may be amended.
     QUALIFIED PATIENT.  Shall have the same definition as Cal. Health and Safety Code §§ 11362.5 et seq., and as may be amended.
     SCHOOL.  An institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any child or day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
(Ord. 850, passed -- 2005; Am. Ord. 870 §14, passed 8-25-2008)

9.30.030   PERMIT REQUIRED.

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City the operation of a medical marijuana dispensary unless the person first obtains and continues to maintain in full force and effect a medical marijuana dispensary permit from the City as herein required. (Ord. 850, passed -- 2005)

9.30.040   APPLICATIONS.

1. All applications for medical marijuana dispensary permits shall be filed with the Chief of Police. The application shall be made under penalty of perjury.
2. Any application for a medical marijuana dispensary permit shall include the following information:
   1. The full name, present address, and telephone number of the applicant;
   2. The address to which notice of action on the application and all other notices are to be mailed;
   3. Previous addresses for the past five (5) years immediately prior to the present address of the applicant;
   4. Written proof that the applicant is over the age of 18 years of age;
   5. Photographs for identification purposes (photographs shall be taken by the Police Department);
   6. The medical marijuana dispensary business history of the applicant, including whether such person, in previously operating in this or another City, county or state under permit has had such permit revoked or suspended, the reason therefore;
   7. The name or names of the person or persons having the management or supervision of applicant's business;
   8. Whether the person or persons having the management or supervision of applicant's business have been convicted of a crime(s), the nature of such offense(s), and the sentence(s) received therefore;
   9. The names of all employees, independent contractors, and other persons who will work at the medical marijuana dispensary;
   10. The proposed security arrangements for insuring the safety of persons and to protect the premises from criminal activity;
   11. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the medical marijuana dispensary;
   12. An accurate straight-line drawing prepared within 3) days prior to application depicting the building and the portion thereof to be occupied by the medical marijuana dispensary, and:
       1. The property line of any other medical marijuana dispensary within 500 feet of the primary entrance of the medical marijuana dispensary for which a permit is requested; and
       2. The property lines of any church, school, park, or residential zone or use within 500 feet of the primary entrance of the medical marijuana dispensary;
   13. Authorization for the City, its agents and employees to seek verification of the information contained within the application;
   14. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
3. If the applicant has completed the application improperly, or if the application is incomplete, the police chief shall, within ten (10) days of receipt of the original application, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten (10) days or more to submit a complete application.
4. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining a medical marijuana dispensary permit.

9.30.050   TIME LIMIT FOR FILING APPLICATION FOR PERMIT.

All persons who possess an outstanding business license heretofore issued for the operation of a medical marijuana dispensary, must apply for and obtain a medical marijuana dispensary permit within 90 days of the effective date of this ordinance. Continued operation of a medical marijuana dispensary without a permit more than 90 days after the effective date of this ordinance shall constitute a violation of this chapter. (Ord. 850, passed -- 2005)

9.30.060   TERM OF PERMITS AND RENEWALS.

Medical marijuana dispensary permits issued under this chapter shall expire one year following their issuance. Medical marijuana dispensary permits shall be renewed by the Chief of Police for additional one (1)-year periods upon application by the permittee, unless the permit is suspended or revoked subject to § 9.30.180. Applications for renewal shall be made at least 45 days before the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in § 9.30.070. When made less than 45 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits. (Ord. 850, passed -- 2005)

9.30.070   FEES.

Every application for a medical marijuana dispensary use permit or renewal shall be accompanied by a nonrefundable fee, as established by resolution adopted by the City Council from time to time. This application or renewal fee is in addition to fingerprinting, photographing, and background check costs and shall be in addition to any other permit fee imposed by this code or other governmental agencies. Fingerprinting, photographing, and background check fees will be as established by resolution adopted by the City Council from time to time. (Ord. 850, passed -- 2005)

9.30.080   INVESTIGATION AND ACTION ON APPLICATION.

After the making and filing of said application for the medical marijuana dispensary use permit and the payment of the fees, the Chief of Police shall conduct a background check of the applicant and all employees and conduct an investigation of the application. After the background checks and investigation are complete, and in no case later than 45 days after receipt of a completed application, the Chief of Police shall either formally accept or reject the application in accordance with the provisions of this chapter. (Ord. 850, passed -- 2005)

9.30.090   GROUNDS FOR REJECTION OF MEDICAL MARIJUANA DISPENSARY.

The grounds for rejection of a medical marijuana permit application shall be one (1) or more of the following:

1. The business or conduct of the business at a particular location is prohibited by any local or state law, statute, rule or regulation;
2. The applicant has violated any local or state law, statute, rule or regulation respecting the medical marijuana business;
3. The applicant has knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application for a permit;
4. The applicant, his or her agent or employees, or any person who is exercising managerial authority on behalf of the applicant has been convicted of a felony, or of a misdemeanor involving moral turpitude, or the illegal use, possession, transportation, distribution or similar activities related to controlled substances, with the exception of marijuana related offenses for which the conviction occurred prior to passage of Proposition 215. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere;
5. The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices;
6. An applicant is under 18 years of age;
7. The medical marijuana dispensary does not comply with the Title 18 (Land Use and Development Code); and/or
8. The required application or renewal fees have not been paid.

9.30.100   APPEAL FROM CHIEF OF POLICE DECISION TO REJECT APPLICATION.

The Chief of Police shall cause a written notice of his or her decision to reject a medical marijuana dispensary permit application to be mailed to the applicant by certified U.S. mail, postage prepaid, return receipt requested, to the address provided by the applicant for sending of notices. An applicant aggrieved by the Chief of Police's decision to reject an application may appeal such decision to the City Council by filing a written notice with the City Clerk within ten (10) working days of the applicant's receipt of the Chief of Police''s written notice of decision. Said appeal shall be processed in accordance with the procedures in Chapter 18.92. If an appeal is not taken within such time, the Chief of Police's decision shall be final. (Ord. 850, passed -- 2005)

9.30.110   PROCESSING OF MEDICAL MARIJUANA DISPENSARY PERMIT.

If an application is not rejected by the Chief of Police, it shall be forwarded to the Community Development Department for processing using the same permit process and requirements for a use permit as defined in Title 18 (Land Use and Development Code). (Ord. 850, passed -- 2005)

9.30.120   OPERATING REQUIREMENTS.

A medical marijuana dispensary shall meet the following operating requirements for the duration of the use:

1. A medical marijuana dispensary shall be open for business only between the hours of 8:00 a.m. and 6:00 p.m. on any particular day.
2. A medical marijuana dispensary shall maintain a current register of the names of all employees currently employed by the dispensary.
3. A medical marijuana dispensary shall maintain records of all patients and primary caregivers using only the identification card number issued by the county, or its agent, pursuant to Cal. Health and Safety Code §§ 11362.71 et seq., as a protection of the confidentiality of the cardholders, or a copy of the written recommendation from a physician stating the need for medical marijuana.
4. The building entrance to a medical marijuana dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of 18 are precluded from entering the premises unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or legal guardian.
5. A medical marijuana dispensary may possess no more than eight (8) ounces of dried marijuana per qualified patient or primary caregiver. However, if a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the dispensary may possess an amount of marijuana consistent with the patient's needs as prescribed by the recommending doctor.
6. No marijuana shall be smoked, ingested or otherwise consumed on the premises of the dispensary. The term "premises" includes the actual building, as well as any accessory structures, parking areas, or other immediate surroundings. The building entrance to a medical marijuana dispensary shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming marijuana on the premises or in the vicinity of the dispensary is prohibited.
7. No marijuana shall be grown or cultivated on the premises of the dispensary.
8. No medical marijuana dispensary shall hold or maintain a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. In addition, alcohol shall not be provided, stored, kept, located, sold, dispensed, or used on the premises of the dispensary.
9. No medical marijuana dispensary shall conduct or engage in the commercial sale of any product, good or service. The term "commercial sale" does not include the provision of medical marijuana on terms and conditions consistent with this chapter and applicable law.
10. No accessory uses shall be permitted in conjunction with a medical marijuana dispensary.
11. No medical marijuana dispensary shall sell or display any drug paraphernalia or any implement that may be used to administer medical marijuana.
12. A medical marijuana dispensary shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons and to protect the premises from criminal activity.
13. A medical marijuana dispensary shall provide the Chief of Police with the name, phone number and facsimile number of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the dispensary. The dispensary shall make every good faith effort to encourage residents to call this person to try to solve operating problems, if any, before any calls or complaints are made to the police or planning departments.
14. A medical marijuana dispensary shall meet all the operating criteria for the dispensing of medical marijuana as is required pursuant to Cal. Health and Safety Code §§ 11362.5 et seq.
15. Signage will be limited to one (1) sign on premises not to exceed four (4) square feet.

9.30.130   MINORS.

1. It shall be unlawful for any permittee, operator, or other person in charge of any medical marijuana dispensary to employ any person who is not at least 18 years of age.
2. Persons under the age of 18 shall not be allowed on the premises of a medical marijuana dispensary unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or legal guardian.

9.30.140   DISPLAY OF PERMIT.

Every medical marijuana dispensary shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such medical marijuana dispensary in a conspicuous place so that the same may be readily seen by all persons entering the medical marijuana dispensary. (Ord. 850, passed -- 2005)

9.30.150   REGISTRATION OF NEW EMPLOYEES.

1. As a further condition of approval of every medical marijuana dispensary permit issued pursuant to this chapter, every owner or operator shall register every employee with the Police Department within five (5) business days of the commencement of the employee's period of employment at the medical marijuana dispensary, in order to provide necessary information to conduct background checks.
2. Each employee shall be required to provide two (2) recent color passport-quality photographs and, at the discretion of the Chief of Police, shall allow himself or herself to be fingerprinted by the Police Department for purposes of identification.
3. Failure to register each new employee within five (5) days of the commencement of employment, or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the permit and may be considered grounds for suspension or revocation of the permit.

9.30.160   TRANSFER OF PERMITS.

1. A permittee shall not operate a medical marijuana dispensary under the authority of a medical marijuana dispensary permit at any place other than the address of the medical marijuana dispensary stated in the application for the permit.
2. A permittee shall not transfer ownership or control of a medical marijuana dispensary or transfer a medical marijuana dispensary permit to another person unless and until the transferee obtains an amendment to the permit from the police chief stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Chief of Police in accordance with § 9.30.040, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Chief of Police determines in accordance with § 9.30.090 that the transferee would be entitled to the issuance of an original permit.
3. No permit may be transferred when the Chief of Police has notified the permittee that the permit has been or may be suspended or revoked.
4. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

9.30.170   SUSPENSION AND REVOCATION - NOTICE.

1. Any permit issued under the terms of this chapter may be suspended or revoked by the Chief of Police when it shall appear to him or her that the permittee has committed any one or more of the acts or omissions constituting the grounds for suspension or revocation under this chapter.
2. No permit shall be revoked or suspended by virtue of this section until a hearing shall have been held by the Chief of Police. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least five (5) days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the permittee, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the permittee at the address provided by the permittee for sending of notices.
(Ord. 850, passed -- 2005)

9.30.180   SUSPENSION AND REVOCATION - GROUNDS.

It shall be a ground for suspension or revocation of a permit if any permittee or person, his or her agent, or employee:

1. Does any act which violates any of the grounds set forth in § 9.30.090 which sets forth the grounds for rejection of an application for a permit for the medical marijuana dispensary
2. Violates any other provision of this chapter or any local or state law, statute, rule or regulation relating to his or her permitted activity
3. Conducts the permitted business in a manner contrary to the peace, health, or safety of the public
4. Fails to take reasonable measures to control the establishment's patrons' conduct resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or creation of a public or private nuisance, or obstruction of the business operation of another business; or
5. Violates or fails to comply with the terms and conditions of the permit.

9.30.190   SUSPENSION AND REVOCATION - APPEALS.

Any permittee aggrieved by the decision of the Chief of Police in suspending or revoking a permit may, within ten (10) calendar days, appeal to the City Council by filing a written notice with the City Clerk. During the pendency of the appeal to the City Council, the permit shall remain in effect. If such appeal is not taken within ten (10) days, the decision of the Chief of Police shall be final. If an appeal is filed in a timely manner, the City Council shall hold a hearing on the appeal in accordance with the procedures in Chapter 18.92, and may suspend or revoke the permit if it finds any of the grounds specified in § 9.30.180. The City Council's decision shall be final. (Ord. 850, passed -- 2005)

9.30.200   SUSPENSION OR REVOCATION WITHOUT HEARING..

If any person holding a permit or acting under the authority of such permit under this article is convicted of a misdemeanor in any court for the violation of any law which relates to his or her permit, the Chief of Police shall revoke said permit forthwith without any further action thereof, other than giving notice of revocation to the permittee. If a permit is summarily revoked pursuant to the provisions of this section, a permittee may, within ten (10) calendar days, appeal to the City Council by filing a written notice with the City Clerk. During the pendency of the appeal to the City Council, the permit shall be deemed suspended. If such appeal is not taken within ten (10) days, the decision of the Chief of Police shall be final. If an appeal is filed in a timely manner, the City Council shall hold a hearing on the appeal at the earliest City Council meeting for which the matter can be considered in light of other matters to be considered by the City Council. Such appeals hearing shall be conducted in accordance with the procedures in Chapter 18.92, and following said hearing, the City Council may affirm the revocation if it finds a factual basis for the summary revocation. If the City Council finds that a factual basis for the summary revocation does not exist, it shall reinstate the permit. The City Council's decision shall be final. (Ord. 850, passed -- 2005)

9.30.210   SEPARATE OFFENSES FOR EACH DAY.

Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. (Ord. 850, passed -- 2005)

9.30.220   PUBLIC NUISANCE.

Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the City pursuant to Chapter 6.12 of the Fort Bragg Municipal Code. (Ord. 850, passed -- 2005)

9.30.230   CRIMINAL PENALTIES.

Any person who violates, causes, or permits another person to violate any provision of this chapter commits a misdemeanor. (Ord. 850, passed -- 2005)

9.30.240   CIVIL INJUNCTION.

The violation of any provision of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of City, create a cause of action for injunctive relief. (Ord. 850, passed -- 2005)

9.30.250   ADMINISTRATIVE REMEDIES.

In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth by City ordinance. (Ord. 850, passed -- 2005)

9.30.270   SEVERABILITY.

If any section, subsection, sentence, clause of phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. (Ord. 850, passed -- 2005)

9.32.010   PURPOSE.

The purpose and intent of this Ordinance is to regulate the cultivation of medical marijuana in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City.  It is not the intent of this ordinance to condone or legitimize the use of marijuana for non-medical purposes, or to create conflict or inconsistency between this Ordinance and (1) the Federal Controlled Substances Act; (2) the Compassionate Use Act; (3) the Constitutions of the United States or the State of California. (Ord. 880 §2, passed 01-26-2009)

9.32.015   DEFINITIONS.

For purposes of this chapter, the following words shall have the following meaning, unless the context clearly indicates otherwise.

Abatement.  The removal of marijuana plants and improvements that support marijuana cultivation which occupy an area or cubic feet in excess of the area and cubic feet that is allowed under this ordinance.

Cultivation.  The planting, growing, harvesting, drying, or processing of marijuana plants, or any part thereof.

Fully enclosed and secure structure.  A space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors.

Indoors.  Within a fully enclosed and secure structure.

Outdoor.  Any location within the City of Fort Bragg that is not within a fully enclosed and secure structure.

Parcel.  Property assigned a separate parcel number by the Mendocino County Assessor.

Primary caregiver.  The individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, as more particularly as set forth in California Health and Safety Code §11362.7(d), as may be amended.

Qualified patient.  A person who is entitled to the protections of Section 11362.5 of the California Health and Safety Code and who meets the definition of "qualified patient" as defined in the Health and Safety Code section 11362.7(f).

Medical Marijuana.  Marijuana that is grown in accordance with state law.

(Ord. 880 §2, passed 01-26-2009)

9.32.020   CULTIVATION OF MEDICAL MARIJUANA.

1. Outdoor cultivation: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City of Fort Bragg to cause or allow such parcel to be used for the outdoor cultivation of marijuana plants.
2. Indoor cultivation of marijuana restricted to Qualified Patients and Primary Care Givers: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel in the City of Fort Bragg to cause or allow such parcel to be used for the cultivation of marijuana plants within a fully enclosed and secure structure on the parcel, except as outlined below in Sections 9.32.020(C) and 9.32.020(D).
3. Medical Marijuana for Personal Use. Medical marijuana for personal use shall be cultivated within the City of Fort Bragg in conformance with the following standards:
   1. An individual qualified patient shall be allowed to cultivate medical marijuana indoors on the parcel where the qualified patient resides.
   2. A primary caregiver shall only cultivate medical marijuana for a qualified patient for whom he/she is the primary caregiver.
   3. Medical marijuana cultivation is permitted only on parcels with residential units. Medical marijuana cultivation is permitted only within a residential unit, a garage, or a self-contained outside accessory building that is secured, locked, and fully enclosed. The Cultivation of Medical Marijuana within a residential unit in a multifamily structure shall require administrative review (through a Minor Use Permit process without implementation of public notice procedures) and shall meet specific criteria, as set forth in a) through c) below:
      1. Inspection of the cultivation area by a building inspector to confirm that no health or safety concerns are present; and
      2. Written permission from the property owner; and
      3. The Building Official may require additional specific standards to meet the California Building Code and Fire Code, including but not limited to installation of fire suppression sprinklers.
   4. Medical marijuana cultivation is prohibited on parcels adjacent to any school or public park.
   5. The medical marijuana cultivation area shall not exceed 50 square feet and 250 cubic feet per residence.
   6. Medical marijuana cultivation shall occur only in a fully enclosed and secure structure.
   7. Medical marijuana cultivation lighting shall not exceed 1200 watts.
   8. The use of gas products (CO2, butane, etc.) for medical marijuana cultivation or processing is prohibited.
   9. Medical marijuana cultivation for sale is prohibited.
   10. From a public right of way, there shall be no exterior evidence of medical marijuana cultivation.  
   11. The qualified patient shall not participate in medical marijuana cultivation in any other location within the City of Fort Bragg.
   12. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and these rooms shall not be used for medical marijuana cultivation.
   13. Any medical marijuana cultivation area located within a residence shall not create a humidity or mold problem.
   14. The qualified patient shall obtain the written permission of the property owner for the cultivation of medical marijuana.
   15. The medical marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes.
4. Medical Marijuana Cultivation In Excess of 50 Square Feet and 250 Cubic Feet. Any proposed medical marijuana cultivation by an individual qualified patient or primary caregiver that does not meet the cultivation area standard maximum of 50 square feet and 250 cubic feet per residence shall require administrative review (through a Minor Use Permit, without implementation of public notice procedures) and shall meet specific criteria, as set forth in a) through d) below:
   1. Documentation of medical need, such as a physician's recommendation or verification of more than one qualified patient living in the residence; and
   2. Inspection of the cultivation area by a building inspector to confirm that no health or safety concerns are present; and
   3. Written permission from the property owner; and
   4. The Building Official may require additional specific standards to meet the California Building Code and Fire Code, including but not limited to installation of fire suppression sprinklers.

   In addition to the standards 1 through 15 listed in subsection C above, approved medical marijuana cultivation uses that exceed 50 square feet shall conform to the following standards:

   1. The cultivation area shall not exceed an additional 50 square feet, for a total of 100 square feet and 500 cubic feet; and
   2. At a minimum, the medical marijuana cultivation area shall be constructed with a 1-hour firewall assembly of green board.
5. Public nuisance. It is hereby declared to be unlawful for any person owning, leasing, occupying, or having charge or possession of any parcel within the City of Fort Bragg to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location. A public nuisance may be deemed to exist, if such activity produces:
   1. Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public;
   2. Repeated responses (more than three times in a one year time period) to the parcel from law enforcement officers;
   3. Repeated disruption (more than three times in a one year time period) to the free passage of persons or vehicles in the neighborhood;
   4. Excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; or
   5. Any other impacts on the neighborhood which are disruptive of normal activity in the area.

(Ord. 880 §2, passed 01-26-2009)

9.32.030   ENFORCEMENT.

1. The violation of this ordinance is hereby declared to be a public nuisance. Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00, by imprisonment in the County jail not to exceed six months, or by both a fine and imprisonment.
2. A violation of the ordinance may be abated by the City Attorney by the prosecution of a civil action for injunctive relief and by the abatement procedure set forth in Chapter 6.12 of the Municipal Code.
3. Abatement procedure. The Code Enforcement Officer and/or the Chief of Police, or his or her designee (hereafter, the "Enforcement Official"), are hereby authorized to order the abatement of any violation of this Chapter by following the abatement procedure as defined in the Municipal Code chapter 6.12. In addition, the Code Enforcement Officer may require the property owner or tenant to personally abate/remove all medical marijuana plants and improvements to the property that exceed the limits set by this ordinance. 

(Ord. 880 §2, passed 01-26-2009)

9.32.040   PENALTY FOR VIOLATION.

1. Cultivation of marijuana on parcels within the City that does not comply with this Chapter is subject to the penalties and enforcement as provided in Chapter 1.12, Chapter 6.12, and Chapter 9.32.
2. The remedies and penalties provided herein are cumulative, alternative and non-exclusive. The use of one does not prevent the use of any others and none of these penalties and remedies prevent the City from using any other remedy at law or in equity which may be available to enforce this section or to abate a public nuisance.

(Ord. 880 §2, passed 01-26-2009)

9.34.010   PURPOSE.

The purpose of this ordinance is to describe the process for the City to review proposals for alcoholic beverage licenses located within an area of "undue concentration" in order to determine whether a Letter of Public Convenience or Necessity should be issued.

9.34.020   DEFINITIONS.

    ADMINISTRATOR. The City Manager and Chief of Police of the City.

    APPLICANT. Any person, business or entity applying to the City for a Letter of Public Convenience or Necessity. The applicant shall be the same person(s), business, or entity which has applied for a liquor license with the Alcoholic Beverage Control Board.

    LETTER OF PUBLIC CONVENIENCE OR NECESSITY. A letter written, pursuant to Business and Professions Code 23817.7 and 23958.4, to the state Department of Alcoholic Beverage Control by the Administrator setting forth that the City has determined that the public convenience or necessity would be served by the issuance of a license to sell alcoholic beverages at the requested location.

     UNDUE CONCENTRATION. Has the same meaning as found in Cal. Business and Professions Code § 23958.4, as the same may be amended from time to time.

(Ord. 886 §2, passed 07-26-2010)

9.34.030   PROCEDURE TO REQUEST A LETTER OF PUBLIC CONVENIENCE OR NECESSITY.

1. Application Requesting a Letter of Public Convenience or Necessity. Whenever an applicant for a liquor license is required to obtain a Letter of Public Convenience or Necessity from the local governing body, the applicant shall submit an application to the City Clerk requesting the letter.
2. Application Format. The City Clerk shall provide the applicant with an application form prepared by the City in order to obtain information regarding the request.
3. Mailing Labels for Adjacent Property Owners. Applicant shall provide mailing labels for owners and residents within 500 feet of the outside boundaries of the property where the proposed license would be located. If the labels are found to be flawed, the application will be null and void.

9.34.040   NONREFUNDABLE APPLICATION FEE.

(Ord. 886 §2, passed 07-26-2010)

9.34.050   REVIEW OF THE APPLICATION FOR A LETTER OF PUBLIC CONVENIENCE OR NECESSITY.

1. The Administrator shall review the application for a Letter of Public Convenience and Necessity and may request any additional information pertinent to the applicant, the proposed license, or the location.
2. Upon receiving an application for a Letter of Public Convenience and Necessity, the City Clerk shall provide a copy to the Community Development Department, Police Department and Fire Department. These departments may provide input, comments, and recommendations regarding the proposed license.
3. The City Clerk shall provide notice of the application for a Letter of Public Convenience or Necessity to owners and residents within 500 feet of the outside boundaries of the property where the proposed license would be located using mailing labels provided by the applicant.  The notice shall advise the owners and residents that they may provide comments to the City regarding the issuance of a Letter of Public Convenience or Necessity; comments must be received within thirty (30) days of said notice.
4. Applicant shall prominently display on the window of the proposed location of the request for a Letter of Public Convenience and Necessity a notice stating that a decision is pending and giving the timeframe for comments and protests. Said notice shall be provided by the City.
5. The Administrator may choose to refer any application for a Letter of Public Convenience and Necessity to the City Council for hearing and decision.

(Ord. 886 §2, passed 07-26-2010)

9.34.060   FACTORS FOR CONSIDERATION RELATING TO ISSUANCE AND DENIAL OF LETTERS OF PUBLIC CONVENIENCE OR NECESSITY.

1. Administrative Decision to Issue a Letter of Public Convenience or Necessity
   1. In all cases in which an applicant applies for a Letter of Public Convenience and Necessity, the decision of the Administrator shall be made consistent with the factors set forth in this section and following their investigation.
   2. When exercising administrative authority to issue a Letter of Public Convenience and Necessity, consideration should be given to the following factors:
      1. The type of proposed use by the licensee;
      2. Whether the proposed use will be detrimental to the health, safety, and welfare of the community;
      3. Whether the use would enhance the economic viability of the area in which it is proposed to be located;
      4. The extent of support or opposition to the proposed license from members of the community;
      5. The number of licenses within a one-mile radius of the proposed licensed location;
      6. The type of licensed premises within a one-mile radius of the proposed licensed location and the extent to which the proposed license would cause a further overconcentration of that particular type of premises in the area;
      7. How close the proposed establishment will be to a residential neighborhood, place of worship, or school;
      8. Whether there is a history of police or crime-related problems in the area proposed for a license;
      9. Whether the proposed license would enhance recreational or entertainment opportunities in the area;
      10. The nature and extent of reported crime in the area in which the proposed licensee will operate.

(Ord. 886 §2, passed 07-26-2010)

9.34.070   ISSUANCE OR DENIAL OF A REQUEST FOR LETTER OF PUBLIC CONVENIENCE OR NECESSITY.

1. The Administrator shall issue a Letter of Public Convenience or Necessity or make a determination that the request is not of public convenience or necessity within ninety (90) days of receiving a completed application, unless additional information is requested of the applicant, in which case the application shall be approved or denied within ninety (90) days of receiving any additional information. Any decision of the Administrator regarding issuance of a Letter of Public Convenience or Necessity, including an affirmative decision to not issue a Letter of Public Convenience or Necessity, shall be final and conclusive and shall only be subject to review by a court of competent jurisdiction, in accordance with Part 3, Title 1, Chapter 3 of the Cal. Code of Civil Procedure.
2. A Letter of Public Convenience and Necessity is only valid for one year from the date it is issued and shall so state in the body of the letter. If no license to sell alcoholic beverages has been issued to the applicant for the proposed premises, within one year of the issuance of the letter, the City’s finding of public convenience or necessity shall be deemed withdrawn without the need for further action by the Administrator or the applicant, and the applicant must reapply if he or she seeks another letter. The Letter of Public Convenience and Necessity is not transferable to any other proposed licensee. Any new proposed licensee for the same premises must submit a new application and follow the procedures for issuance of a letter in this chapter.

(Ord. 886 §2, passed 07-26-2010)

9.36.010   LOITERING.

A person shall not loiter or stand in or upon any public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel or otherwise occupy any portion thereof in such a manner as unreasonably to annoy or molest any pedestrian thereon or as to obstruct or unreasonably interfere with the free passage of pedestrians. (Ord. 376 §1, passed -- 1968)

9.36.020   PERSONS BLOCKING PEDESTRIAN OR VEHICLE PASSAGE.

It is unlawful for any person to intentionally stand, sit or lie, in, on or at any driveway, entrance or exit of any church, hall, theater, place of public assembly, store, business, plant, industry, private residence or private property so as to prevent the free passage of persons or vehicles to or from the same. (Ord. 376 §2, passed -- 1968)

9.36.030   OBSTRUCTIONS BLOCKING PEDESTRIAN OR VEHICLE PASSAGE.

It is unlawful for any person to intentionally place or maintain anything or to assist in placing or maintaining anything in, on or at any driveway, entrance or exit of any church, hall, theater, place of public assembly, store, business, plant, industry, private residence or private property so as to prevent the free passage of persons or vehicles to or from the same. (Ord. 376 §3, passed -- 1968)

9.36.040   AUDIBLE, ANNOYING, OR INSULTING REMARKS.

It is unlawful for any person to make audible, annoying or insulting remarks to or about, or to molest in any other manner whatever, any person in, near or about a public place. (Ord. 376 §4, passed -- 1968)

9.40.010   DRINKING IN PUBLIC.

Unless otherwise provided by law, it is unlawful for any person to partake of any spirituous malt, vinous or alcoholic liquors or other alcoholic beverages in or upon any street or sidewalk, or any passageway open to public use, or in or on any park, playground or community house, or in an automobile while the automobile is on any alley street, highway or public or private property which is open and accessible to the general public or open to public view, except the City Manager, or his/her designee may issue use permits in connection with organized activities. (Ord. 376 §6, passed -- 1968; Am. Ord. 800 §2, passed -- 1997)

9.40.020   UNLAWFUL ACTS.

It is unlawful for any person in the City, while in a drunken or intoxicated condition, or while under the influence of intoxicating liquor, or narcotic drugs:

1. To be in or upon any street, thoroughfare, alley, sidewalk, public place, public grounds, places accessible to the public or places open or exposed to the public view;
2. To be in, on or about any automobile, motorcycle, motor vehicle, street car, railroad car or other vehicle;
3. To use or engage in, or be a party to offensive, disorderly, threatening, abusive or insulting language, conduct or behavior;
4. To congregate with others on a public street, road, sidewalk or other public place and refuse to move on when so ordered by a peace officer in the interests of order, peace or safety;
5. To shout or make any unusual or disturbing noise, or to cause any unusual or disturbing noise, either outside or inside a building at any time, to the annoyance or disturbance of any person or person
6. To interfere with any person in any place by jostling against such person or unnecessarily crowding him
7. To station himself on any public street or in any public place or follow or accost any pedestrian for the purpose of soliciting alms, or to solicit alms on the streets or in any public place;
8. To loiter in or about any public toilet, to solicit any person for the purpose of committing a crime against nature or any other lewd acts; or
9. To make insulting remarks to any person or to annoy or accost any person or persons unknown to him or her; or
10. To act as a capper for any place of amusement or for any place or persons devoted to or engaged in any unlawful business, vocation or calling.

(Ord. 293 §1, passed -- 1952)

9.44.010   DEEMED MISDEMEANOR.

Every person, firm or corporation who willfully makes, continues or causes to be made or continued, any loud, unnecessary, unusual penetrating or boisterous noise, disturbance or commotion, which disturbs the peace or quiet of any neighborhood or which causes a discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area is guilty of a misdemeanor. (Ord. 413 §1, passed -- 1972)

9.44.020   SPECIAL RESTRICTIONS - RESIDENTIAL AREAS.

1. Between the hours of ten p.m. of one day and seven a.m. of the following day, it is unlawful for any person within a residential zone, or within a radius of five hundred feet therefrom, to create, cause to be created or maintain sources of noise which cause annoyance or discomfort to a reasonable person of normal sensitiveness in the neighborhood. Such sources include but are not limited to the following:
   1. Excessively loud noises caused by the use or operation of radios, musical instruments and drums, phonographs, television sets or other machines or devices for the production, reproduction or amplification of sound;
   2. Operation of equipment or performance of any outside construction or repair work on buildings, structures or projects or operation of construction-type devices;
   3. Excessively loud sounds, cries or behavioral noise caused by the keeping or maintenance of animals or fowl;
   4. Excessively loud noise caused by the operation of any machinery, chain saw, equipment, device, pump, fan compressor, air conditioning apparatus or similar mechanical device;
   5. Operation of chimes, bells or other devices for the purpose of advertising or inviting the patronage of any person or persons to any business enterprise; and
   6. Repairing, rebuilding or testing of motor vehicles or operating of any motor-driven vehicle off public streets or highways.

(Ord. 413 §2, passed -- 1972)

9.44.030   SCHOOLS, HOSPITALS, AND CHURCHES.

It is unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in use, or adjacent to any hospital, which noise unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys the patients in the hospital; providing conspicuous signs are displayed in such streets, sidewalks or any public place indicating the presence of a school, church or hospital. (Ord. 413 §3, passed -- 1972)

9.44.040   AMPLIFIED SOUND.

It is unlawful for any person other than personnel of law enforcement or governmental agencies to install, use or operate within the City, and outside a building, a loudspeaker or amplifying device in a fixed or moveable position or mounted upon any vehicle for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assembly of persons in or upon any street, alley, sidewalk or public property without first obtaining approval of the City's Technical Advisory Committee (TAC). (Ord. 413 §4 (part), passed -- 1972; Am. Ord. 810 §1A, passed -- 1998)

9.44.050   CONSIDERATIONS OF CITY'S TECHNICAL ADVISORY COMMITTEE.

The Technical Advisory Committee (TAC) when considering the application shall recognize and consider the constitutional rights of free speech of all persons, including the applicant, but shall also consider the correlative constitutional rights of the citizens of the City to privacy and freedom from public nuisance of loud and unnecessary noise. TAC, if granting permission, shall reserve the right to enforce whatever rules, conditions or restrictions that it deems necessary to insure that the sound shall be so controlled that it will not be unreasonably loud, raucous, varying, disturbing or a nuisance to persons of normal sensitiveness within the area of audibility. (Ord. 413 §4 (part), passed -- 1972; Am. Ord. 810 §1B, passed -- 1998)

9.44.060   STATEMENT FROM APPLICANT.

The applicant shall submit in writing, at least two weeks prior to a regularly or specially scheduled meeting, a statement outlining:

1. Name and address of both the user and owner of the sound amplifying equipment, as well as address and location and owner of site of proposed use;
2. The maximum sound producing power of the equipment including wattage used, volume of sound to be used in decibels and approximate distance from which sound will be audible;
3. Description of the proposed use including intent and purpose; and
4. Whether the sound equipment will be used for commercial or noncommercial purposes.

(Ord. 413 §4 (part), passed -- 1972; Am. Ord. 810 §1C, passed -- 1998)

9.44.070   HAWKERS AND PEDDLERS.

It is unlawful for any person within the City to sell, advertise or invite patronage for anything by public outcry or by use of any type of noise-making or sound amplification device. (Ord. 413 §5 (part), passed -- 1972)

9.44.080   EXCEPTIONS GRANTED WHEN.

The City Council may grant an exception to § 9.44.070 if, after application and review, it finds that the circumstances are such that an exception is warranted. The circumstances must be such that the same exception would be appropriate for any other hawker or peddler in the same situation.

In granting an exception, the City Council may specify any special requirements, routes, time schedules or other standards which it deems necessary to carry out the intent of this chapter and protect the public welfare. (Ord. 413 §5 (part), passed -- 1972)

9.44.090   STANDARDS OF ENFORCEMENT.

In enforcing the provisions of this chapter, the enforcing officer shall utilize, but not be limited to, the following general standards:

1. The volume, intensity and duration of the noise;
2. Whether the nature of the noise is usual or unusual;
3. The nature and zoning of the area within which the noise emanates;
4. The time of the day or night the noise occurs; and
5. Whether the noise is recurrent, intermittent or constant.

(Ord. 413 §6, passed -- 1972)

9.44.100   EXCEPTIONS TO CHAPTER.

The provisions of this chapter shall have no application to the sounding of a siren or the making of other usual signal or signals by any police or other peace officers in the performance of their duties, nor to the sounding of any siren upon any ambulance or fire fighting equipment in the usual and customary manner. (Ord. 413 §7, passed -- 1972)

9.48.010   UNATTENDED HOURSE - MISDEMEANOR.

No horse is to be left unattended within the City except within a proper enclosure as specified in Chapter 7.04, and no attended horse is to be left tied, picketed or grazing within the city for more than fifteen minutes. Any violation of this section is a misdemeanor.  (Ord. 98 §12, passed -- 1905; Am. Ord. 426 (part), passed -- 1973)

9.56.010   CITY PARK.

Any person who, within the limits of the City park, cuts, mutilates, carves or writes, or paints upon, or in any manner disfigures, defaces or molests any buildings, stands, seats, tables, swings, fences or other property, belonging to the park, or who cuts, writes, paints, posts or prints any indecent, vulgar or obscene word, figure, picture or image on any tree, seat, building or other property belonging to or in the park, or who removes any wood or carries away, injures or destroys any shade or ornamental trees, shrubs, plants, games, swings, tools, decorations or other things belonging to and on the grounds of the city park, without the consent of the officer having charge of the same, or who deposits any garbage or rubbish on the grounds, walks or drives in the park or in the public streets or alleys, adjacent thereto, is guilty of a misdemeanor, and on conviction thereof, shall be punished as provided in Chapter 1.12. (Ord. 35 §1, passed -- 1891)

9.56.020   STREETS OR ALLEYS.

Any person or persons, who cut or remove any trees, which may be upon any streets or alleys, within the City limits without permission of the City Council is guilty of a misdemeanor and upon conviction thereof, is punishable as provided in Chapter 1.12. (Ord. 35 §2, passed -- 1891)

9.56.030   RESTRICTIONS ON USE OF LITTER RECEPTACLES.

1. No person shall damage, deface, abuse, or misuse any litter receptacle so as to interfere with its proper function or to detract from its proper appearance.
2. No person shall deposit leaves, clippings, prunings, or gardening refuse in any litter receptacle.
3. No person shall deposit household or business solid waste in any litter receptacle. However, this subdivision does not mean that wastes of food consumed on the premises at any public place may not be deposited in litter receptacles.

(Ord. 669 §1, passed -- 1986)

9.58.010   FAILURE TO LEAVE.

Every person who remains upon any private property or business premises within the City, after being notified by the owner or the lessee or other person in charge thereof to remove therefrom, is guilty of a misdemeanor. (Ord. 634 §A, passed -- 1985)

9.58.020   REFUSED ENTRY.

Every person who, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises within the City, shall enter upon such private property or business premises after having been notified by the owner or lessee, or any person in charge thereof, or keep off or keep away therefrom is guilty of a misdemeanor. (Ord. 634 §B, passed -- 1985)

9.58.030   EXCEPTIONS.

This chapter shall not apply in any of the following instances:

1. Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry, sex, or national origin.
2. Where its application results in or is coupled with an act prohibited by Cal. Penal Code § 365 or any other provision of law relating to duties of innkeepers and common carriers.
3. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities.
4. Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions not involving offensive personal conduct.
5. Where the person who is upon another's private property or business premises is there under claim or color of legal right. This exception is applicable (but not limited to) the following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies: marital and postmarital disputes; disputes regarding title to or rights in real property; landlord-tenant disputes; disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute; employer-employee disputes; business-type disputes such as those between partners; debtor-creditor disputes; and instances wherein the person claims rights to be present pursuant to order, decree or process of court.

(Ord. 634 §C, passed -- 1985)

9.58.040   PENALTY.

Any person who violates any of the provisions of this chapter is guilty of a misdeameanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12.  (Ord. 874 §23, passed 8-25-2008)

9.60.010   PLACING ARTICLES ON A STREET, ALLEY, AND SIDEWALK FOR STORAGE, SALE, OR DISPLAY PROHIBITED.

Placing articles on a street, alley and sidewalk for storage, sale or display prohibited. Except as provided by this chapter and Chapter 10.22, no person shall place, store, or maintain any article of property on any public roadway, sidewalk, alley, or parkway, or on any other public property in the city, for the purpose of storing, selling, leasing, displaying for sale or lease or offering for sale or lease, such article or property. Other references to sidewalk sales are found in § 9.72.070 of this code. (Ord. 519 §2, passed -- 1979; Am. Ord. 808 §2, passed -- 1998)

9.62.010   PURPOSE.

The purpose of this chapter is to promote the public health, safety, and welfare of residents and protect property within the City by providing a program for removal of graffiti from walls and structures on both public and private property and providing regulations designed to prevent and control the further spread of graffiti in the City. The increase of graffiti on both public and private 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. (Ord. 849 §2, passed -- 2005)

9.62.020   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

     ABATE or ABATEMENT. The elimination, removal or termination of graffiti from public or private property located within the City limits.
     COST OF REMOVAL.  Any cost incurred by the City for removal, elimination, or termination of graffiti from either public or private property.
     DEFACE. Intentionally altering the physical shape or physical appearance of property by inscription, words, figures, signs, or design without permission of the property owner.
     EXPENSES OF ABATEMENT. All costs incurred by the City related to abatement of graffiti conditions, including without limitation, the costs of removal, court costs, attorneys fees, administrative costs, and any law enforcement costs relating to the identification and/or apprehension of a person of who defaces property with graffiti or who fails to remove graffiti from property after being ordered to do so.
     GANG-RELATED GRAFFITI.  Graffiti that is placed on private or public property by some person or person reasonably believed by the Cty's Police Department or other local law enforcement agency to be a member of, or affiliated with a criminal street gang, as that term is defined in Cal. Penal Code § 186.22. These persons may self-identify as gang members, may have been arrested as a gang member, may wear distinctive clothing or personal items designed to identify their particular gang, or have tattoos indicating gang membership.
    GRAFITTI.  Any unauthorized inscription, word, figure, mark, sign or design that is written, marked, etched, scratched, drawn, pasted, sprayed, painted or otherwise affixed on any real or personal property.
     PERSON.  A natural person(s).
     PROPERTY OWNER. Any person who is the owner of real or personal property that has been defaced, or who has primary responsibility for control over the property, or who has primary responsibility for maintenance and repair of the property, and shall include any person owning, leasing, renting, occupying, managing, or having charge of any property or structure.
     PUBLIC VIEW. Any public or private area that is accessed from a public roadway, sidewalk or common area and that is open to view by persons from said public roadway, sidewalk or common area.
     RESPONSIBLE ADULT. A parent, legal guardian, or other person over the age of 21 years who is charged with legal responsibility and/or supervision of a minor.

(Ord. 849 §2, passed -- 2005; Am. Ord. 870 §15, passed 8-25-2008)

9.62.030   GRAFFITI PROHIBITED.

1. No person shall place graffiti upon any public or privately owned permanent structure or personal property located on publicly or privately owned real property that is within public view in the City. Any violation of this provision may be prosecuted as a misdemeanor in addition to any other remedies provided for such violation, including without limitation, the penalties provided in Cal. Penal Code § 594.
2. No property owner shall permit or allow any graffiti to be placed upon or remain on any real property or personal property when the graffiti is within public view, for a period in excess of that described in this chapter for notice and removal of graffiti.

9.62.040   NOTICE.

1. Whenever the Chief of Police or his/her designee determine that graffiti exists on any permanent structure in the City and is within public view, he/she shall cause a notice to be issued to the property owner to remove the graffiti. The property owner shall have fifteen (15) calendar days after the date of the notice to remove the graffiti or the property will be subject to abatement by the City.
2. The property owner may appeal the determination of the Chief of Policeor his/her designee regarding the existence of graffiti, whether the person upon whom the notice was served is responsible for its removal, or whether circumstances exist that would justify an extension of time for removal by filing a written notice of the appeal with the City Manager within ten days after the mailing of the original notice to the property owner. The City Manager is authorized to review and render a decision on any appeal and shall serve such decision on the person(s) filing the appeal within five (5) business days of the decision.

9.62.050   SERVICE OF NOTICE.

The notice to remove graffiti shall be served upon the property owner(s) as such owner's name and address appears on the last equalized property tax assessment rolls of the County of Mendocino. In addition, if there is a tenant of the premises, the notice shall also be served on said tenant. If there is no known address for the property owner, the notice shall be sent in care of the property address. If there is no person occupying said property, the notice shall be posted thereon. The notice required by this chapter may be served in any one of the following manners, unless the notice is served by posting:

1. By personal service on the owner, occupant, or person in charge of the property.
2. By registered or certified mail addressed to the owner at the last known address of said person.

9.62.060   REMOVAL OF GRAFFITI.

No property owner shall permit his or her property that has been defaced with graffiti to remain so defaced for more than fifteen (15) calendar days following notification to the property owner or other responsible person(s) from a City official to remove the graffiti. (Ord. 849 §2, passed -- 2005)

9.62.070   FAILURE TO REMOVE GRAFFITI.

For each day that graffiti remains in public view beyond fifteen (15) calendar days following service of a notice to remove, the property owner shall be in violation of this chapter. Each and every such day shall constitute a new and separate violation, and may be charged and enforced as such. (Ord. 849 §2, passed -- 2005)

9.62.080   REMOVAL BY CITY.

Upon failure of persons to comply with the notice to remove by the designated date, or such continued date thereafter as the City Manager or his/her designated representative approves, the City Manager is authorized to cause the graffiti to be removed by City forces or private contract, and the City or its private contractor is expressly authorized to enter upon the premises for such purposes, following reasonable notice to the property owner, occupant or person in charge of the property. All reasonable efforts to minimize damage from such entry shall be taken by the City. Any paint used to obliterate graffiti shall be as close as practicable to background color(s). Neither the City, nor any of its officials, officers, employees, consultants, or representatives, including a private contractor hired by the City to remove graffiti, shall be liable for alleged losses or damages pertaining to the removal of graffiti in the manner described and authorized in this chapter, save and except for any losses or damages resulting from gross negligence or willful misconduct. (Ord. 849 §2, passed -- 2005)

9.62.090   SUMMARY ABATEMENT BY CITY.

The Chief of Police or his or her designee is hereby authorized to summarily abate gang-related graffiti. The abatement may be undertaken by City staff or representatives, or by outside contractors. The costs of summary abatement, including the costs of removal and other expenses of abatement, may be assessed against the person causing or creating the graffiti, or a responsible adult, or an emancipated minor who is responsible for creating the graffiti. recovery of the costs of removal or expenses of abatement may be enforced by the Cty in the manner and following the procedures described in Cal. Government Code § 38773.2. (Ord. 849 §2, passed -- 2005)

9.62.100   LIABILITY FOR CITY'S COST OF ABATEMENT.

1. The property owner shall be responsible to the City for the expenses of abatement. Notice of the expenses of abatement shall be given to the property owner by the City Manager, in the same manner as provided for giving notice in § 9.62.050 (Service of Notice) hereof. The property owner may appeal said expenses of abatement to the City Manager by filing a written appeal within fifteen days of the service of said notice. He/she may appeal the City Manager's determination by written appeal to the City Council within fifteen days after receipt of the City Manager's decision. The decision of the City Council shall be final, save and except for judicial review in accordance with the procedures, and within the time frame, set forth in Cal. Code of Civil Procedures § 1094.6.
2. Unless said expenses of abatement are paid within thirty (30) days of notice of same, or in the case of an appeal, the determination of the appeal, a notice of lien shall be recorded in the office of the Mendocino County Recorder and shall constitute a lien on the property and may be assessed against the property owner in the manner and following the procedures described in Cal. Government Code § 38773.2.

9.62.110   RESTITUTION.

The City or any property owner who suffers property damage and/or monetary loss as a result of having to remove graffiti may seek restitution for all expenses of abatement, including all costs of removal, for any damage caused by the graffiti or the removal of same. Restitution may be pursued by the City and/or the property owner in a separate civil action or as part of a criminal proceeding against the perpetrator. A responsible adult may be held liable for damage or costs incurred as a result of graffiti by a minor that defaces or otherwise damages property pursuant to this chapter. (Ord. 849 §2, passed -- 2005)

9.64.010   UNLAWFUL - PENALTY.

Any person, firm, corporation, or other, who unlawfully and maliciously takes down, removes, injures, obstructs or makes any unauthorized connection with any line not owned by him, her or it, used to conduct television information, whether video or audio, or any part thereof, is punishable as provided in Chapter 1.12. (Ord. 343 §1, passed -- 1962)

9.66.010   DEFINITIONS.

For purposes of this chapter, the following words shall have the following meaning, unless the context clearly indicates otherwise.

CAMP or CAMPING. The use of land or premises for temporary living accommodation purposes for periods of more than eight (8) hours, including to place, pitch, or use Camp Facilities or Camp Paraphernalia for such purposes. Such use constitutes Camping when it reasonably appears, in light of all the circumstances, that the area is being used as a living accommodation regardless of the intent of the person(s) using such area, and regardless of any other activities in which they may also be engaging.

CAMP FACILITIES. Includes, but is not limited to, tents, huts, motor vehicles, recreational vehicles (as defined in California Health and Safety Code Section 18010) or temporary structures, when established, maintained or operated to Camp for periods of more than eight (8) hours.

CAMP PARAPHERNALIA. Includes, but is not limited to, bedrolls, blankets, tarpaulins, cots, beds, sleeping bags, tents, hammocks, items used for cooking food or similar equipment. Camp Paraphernalia also includes other personal effects, when used or stored with Camp Paraphernalia as described herein.

PRIVATE PROPERTY. All private property including, but not limited to, private streets, sidewalks, alleys, and privately owned improved or unimproved land.

PUBLIC PROPERTY. All public property including, but not limited to, public streets, sidewalks, alleys, and improved or unimproved publicly owned land and parks.

SPECIAL OCCUPANCY PARK OR MOBILE HOME PARK. Any area of land within the City licensed pursuant to the California Health and Safety Code as a Mobile Home Park, as defined in California Health and Safety Code Section 18214, or a Special Occupancy Park as defined in California Health and Safety Code Section 18862.43, which has a currently effective City business license, and in which space is rented or held out for Camping.

(Ord. 878 §6, passed 11-10-2008)

9.66.015   PURPOSE.

The purpose of this Chapter is to maintain streets, parks and other public and private areas within the City in safe, clean, sanitary and accessible condition in order to adequately protect the health, safety and public welfare of the community, and to limit Camping to circumstances that do not create public and private nuisances or have adverse public safety impacts.

(Ord. 878 §6, passed 11-10-2008)

9.66.020   UNLAWFUL CAMPING.

It is unlawful and a public nuisance for any person to Camp, establish, maintain, operate or occupy Camp Facilities, or use Camp Paraphernalia in the following areas:

1. Any public property; or
2. Any private property, provided, however, that this prohibition does not apply to:
   1. Overnight Camping on private residential property by friends or family of the property owner or person in lawful possession of the property, so long as the owner or lawful occupant consents, and the Camping does not create a public or private nuisance;
   2. Camping in Mobile Home Parks and Special Occupancy Parks; and
   3. Camping on Public or Private Property in connection with a special event, when authorized pursuant to Section 9.66.030.

(Ord. 878 §6, passed -- 2008)

9.66.030   SPECIAL EVENT PERMIT.

9.66.040   STORAGE OF CAMP PARAPHERNALIA.

It is unlawful and a public nuisance for any person to store Camp Paraphernalia in the following areas:

1. Any Public Property; or
2. Outside a structure on any Private Property without the prior written consent of the owner.

 (Ord. 878 §6, passed 11-10-2008)

9.66.050   PENALTY FOR VIOLATION.

Any violation of this Chapter shall be deemed an infraction and upon conviction thereof shall be punishable as provided in Chapter 1.12.  (Ord. 878 §6, passed 11-10-2008)

9.68.010   PARKS - GENERALLY.

In order to promote and protect public health and welfare and provide for the general safety of the users of City parks, the following rules shall apply:

1. All vehicles of any kind or nature, powered or not, shall be prohibited from the park, excepting the following: emergency vehicles; maintenance vehicles of the City and its duly authorized representatives or agents; strollers and similar children's carriages; wheelchairs; and vehicles whose owners have first obtained a permit from the Cirector of Public Works for temporary access to Noyo beach for wood gathering or other activities as may be approved by the City.
2. No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the designated parking lots during park closure hours listed in § 9.68.020, except that the City Manager may issue night use permits for parking in connection with organized activities.
3. No alcoholic beverages or controlled substances, as that term is defined in Cal. Health & Safety Code § 11007 (as the same may be amended from time to time), shall be allowed within City parks.
4. Dogs must be kept on leash at all times. The City Council may, by resolution, designate "off leash" areas of any City park. Areas designated by City Council resolution to be "off leash" shall not be subject to this leash requirement.
5. Dog owners are responsible for cleanup of excrement.
6. No overnight camping is allowed in City parks.
7. No firearms are allowed in City parks.
8. No barbecues or fires are allowed in City parks except in designated areas.
9. No bicycles may be ridden except on designated bicycle trails.
10. No horses are allowed in City parks.
11. No littering or disposal of household refuse is allowed in City parks.
12. No destruction or removal of any park property.
13. Rollerblades are permitted on the bicycle and pedestrian trail at Pomo Bluffs Park only.

(Ord. 854 §2, passed -- 2006)

9.68.020   PARK HOURS - GENERALLY.

It shall be unlawful for any person to enter, traverse, or be present in City parks from dusk to dawn the following day, except that the prohibited hours at Bainbridge Park tennis court shall be 10:00 p.m. to dawn the following day. The City Manager may issue night use permits for organized activities. For purposes of this chapter, "dusk" is defined as one hour after sunset and "dawn" is defined as one hour preceding sunrise. (Ord. 854 §2, passed -- 2006)

9.68.030   WIGGLY GIGGLY PLAYGROUND RULES.

1. No glass containers shall be allowed within the playground area.
2. No skateboards, scooters (electric, motorized, or "push"), bicycles, rollerblades, rollerskates, big wheels, unicycles, tricycles, or other wheeled forms of transportation (other than wheelchairs, strollers, etc.) shall be utilized within the playground boundaries.

(Ord. 854 §2, passed -- 2006)

9.68.040   PENALTY FOR VIOLATION.

Any person violating the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12. (Ord. 874 §24, passed 8-25-2008)

9.70.010   PURPOSE - INTENT.

1. The purpose of this chapter is to protect the rights of City residents who desire not to receive unwanted print or other written materials, whether commercial or noncommercial in nature, including unsolicited newspapers.  The right of privacy affords citizens an unquestionable and enforceable right to determine and limit the materials they will allow to be delivered on their private property. A person may not be compelled to listen to or view any unwanted communication, spoken or written, whatever its merit, in the privacy of his home.  When a resident affirmatively provides notice that he desires not to receive delivery of unsolicited print or other written materials, to deliver is, in effect, a trespass against the resident.
2. This chapter is intended to ensure and protect the privacy rights of City residents on their private property and to deter the accumulation of unsolicited literature that might signal that a house is unoccupied.  It is further intended to prevent littering and protect the aesthetic appearance of the City by reasonable regulation of the time, place and manner of the distribution and delivery of unsolicited print or written materials in the City.

(Ord. 875 §48, passed 8-25-2008)

9.70.020   DEFINITIONS.

The following words, terms and phrases, when used in this chapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(Ord. 875 §48, passed 8-25-2008)

9.70.030   PROHIBITION ON DELIVERY TO POSTED RESIDENTS.

No person, organization, society, association, company or corporation, or their agents or representatives, including but not limited to an authorized agent or the actual deliverer or carrier, shall deliver, distribute, throw, cast or place or cause or permit to be delivered, distributed, thrown, cast or placed any unsolicited print or other written material of any nature whatsoever upon the premises of any City resident who has requested or thereby provided such notice on their private property that such print or other written material not be delivered to the resident's premises. (Ord. 875 § 48, passed 8-25-2008)

9.70.040   NAME AND ADDRESS OF SPONSOR OR DISTRIBUTOR REQUIRED ON HANDBILL.

1. It is unlawful for any person to distribute, deposit, place, throw, scatter, hand out, cast or circulate any commercial or noncommercial handbill in any place within the City, under any circumstances, which does not have printed on the cover, front or back thereof, a notice substantially conforming to the following:
   
        "Should the recipient of this material desire that further distribution of this
        material or similar material be discontinued at this address or location, please
        notify the distributor at the following address or telephone number."
2. The name, telephone number and local address of the person who caused the same to be distributed shall be set forth in the notice; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring the handbill shall also appear thereon.  (Ord. 875 §48, passed 8-25-2008)

9.70.050   DISTRIBUTOR'S FAILURE TO PROVIDE SUCH NOTICE.

9.70.060   PLACING IN VEHICLES.

It is unlawful for any person, eitehr directly or indirectly, to distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle.  The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to the owner or other occupant of any automobile or other vehicle or the placing on any vehicle of any handbill by the owner or other occupant of said automobile or vehicle.  (Ord. 875 §48, passed 8-25-2008) 

9.70.070   DISTRIBUTING ON PRIVATE PROPERTY.

It is unlawful for any person, either directly or indirectly, to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private yard, grounds, walk, porch, steps, mailbox, vestibule, house, residence, building or any other private property if requested by anyone thereon not to do so, or if there is placed on such premises in a conspicuous position near the entrance thereto a sign bearing any of these phrases:  "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of such premises do not desire to be annoyed or to have their right to privacy disturbed, or to have any such handbills left upon their premises. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to the owner or other occupant of said private yard, grounds, walk, porch, steps, mailbox, vestibule, house, residence, building or other private property when it is so requested (Ord. 875 §48, passed 8-25-2008)

9.70.080   HOURS OF DISTRIBUTION LIMITED.

It is unlawful for any person to distribute any handbill between the hours of seven p.m. of one day and eight a.m. of the following day. (Ord. 875 §48, passed 8-25-2008)

9.70.090   EXEMPTIONS.

The provisions of this chapter shall not be deemed to apply to the distribution of the United States mail nor to the delivery of any handbill to any person who has requested delivery of same. (Ord. 875 §48, passed 8-25-2008)

9.70.100   PENALTY.

Violations of this chapter are deemed infractions unless specifically enumerated otherwise and upon conviction thereof shall be punishable as provided in Chapter 1.12.   (Ord. 875 §48, passed 8-25-2008)

9.72.010   PERMIT - REQUIRED.

No person shall lay pipes or other utilities, construct, repair, excavate, encroach, overload in weight or size, or occupy, with building materials or other items, erect or maintain scaffolding, place or maintain planter boxes, benches, chairs, litter receptacles, ash cans mail receptacles, signs, flags, wind socks or refuse containers, display merchandise, conduct a parade or foot race, in or upon any street, alley, public service easement, court, way, easement, or other public place or City right-of-way or property without first obtaining a permit in writing to do so from the City Clerk, as provided in this chapter. Public utilities are exempt from this ordinance due to compliance with California State Construction standards and City of Fort Bragg franchise agreements. (Ord. 875 §49, passed 8-25-2008)

9.72.020   PERMIT - APPLICATION.

1. Any person desiring a permit shall file a written application therefore with the City Clerk under the conditions specified in the form.
2. The application or applications may be required for the following general areas:
   1. Construction.
   2. Excavation.
   3. Temporary street occupancy.
   4. Temporary street closure.
   5. Vehicle over limit.
   6. Right-of-way encroachment.
   7. Haul routing.
   8. Foot race.
   9. Parade.
   10. Sidewalk sale.
   11. Street furniture and planter boxes.
   12. Mail receptacle.
   13. Refuse container or ash can.
   14. Miscellaneous unlisted work on public property.
   15. Scaffolding.
3. Applications for construction, excavation or right-of-way encroachment (Items 1, 2 and 6 above) shall be filed with the City Clerk.

(Ord. 671 §1 (part), 1987; Am. Ord. 873 §§9-10, 2008; Am. Ord. 875 §50, passed 8-25-2008)

9.72.030   PERMIT - ISSUANCE REQUIREMENTS/WORK RESTRICTIONS.

No permit shall be issued for any construction work within a public right-of-way or other public property until the following actions have been taken by the applicant:

1. An application has been submitted on a form provided by the City.
2. Plans for the work, if required, have been submitted, examined and approved by the Public Works/Engineering Department.
3. All permit and issuance fees have been paid or provided for in accordance with the provisions of this title.
4. An agreement has been filed with the City to guarantee that the applicant or permittee will perform the work in conformance with the conditions of the permit, the approved plans, and City specifications, and within the specified times, in accordance with the provisions of this chapter.
5. For construction projects, a surety or cash bond as required by the provisions of this chapter, is deposited by the applicant or permittee with the City Clerk as a guarantee of performance under the agreement specified in subsection D of this section.

No work shall be performed in a greater amount or quantity than that under the agreement specified in the application and described on the permit. No work for which a permit has been issued shall be commenced unless the applicant or permittee has notified the Public Works/Engineering Department at least twenty-four hours before commencing work, specifying the day, hour, and location at which the work will take place.
(Ord. 873 §8, passed 8-25-2008)

9.72.040   ADDITIONAL REQUIREMENTS.

No person shall do any of the work for which a permit is required without obtaining the relevant controlling design and construction information from the Public Works/Engineering Department and without preparing for review and approval by same the plans and designs necessary for the proper performance of said work. (Ord. 873 §12, passed 8-25-2008)

9.72.050   PIPELINES AND UNDERGROUND FACILITIES - SPECIFICATIONS.

All underground facilities located or installed in public rights-of-way in the City shall be constructed and maintained with a depth of cover as established in the City of Fort Bragg Standard Specifications, as adopted by the City Council from time to time. The Director of Public Works or City Engineer may determine and require, in particular cases, that public safety or convenience requires that depths be variable, that facilities be concrete-encased, that installations be by jacking, boring and tunneling, and that the hours and days of work be restricted. (Ord. 873 §13, passed 8-25-2008)

9.72.060   PIPELINES AND UNDERGROUND FACILITIES - PERMITTEE RESPONSIBILITY FOR MOVING COSTS.

Whenever construction, reconstruction, or maintenance work on any of the public right-of-ways requires the change in grade or alignment of pipeline or conduit, the same shall be immediately moved, at the sole expense of the permittee, upon the request of the Director of Public Works, City Engineer or Public Works Superintendent. (Ord. 873 §14, passed 8-25-2008)

9.72.070   SIDEWALK SALES - SPECIAL PROVISIONS.

The City Manager shall be authorized to issue permits allowing the display and sale of articles on public property for limited periods of time in connection with sidewalk sales or other sales promotion campaigns conducted by merchants within the City. The City Manager may regulate the conditions of display of the merchandise including, but not limited to, the hours of display and the location thereof. No permit shall be issued pursuant to this chapter if such proposed sale or promotion would constitute an unreasonable safety or traffic hazard. (Ord. 671 §1 (part), passed -- 1987)

9.72.080   PERMIT - ISSUANCE FEE.

Each application for an encroachment permit shall be accompanied by an issuance fee, as provided in the schedule of fees as adopted by resolution of the City Council. (Ord. 875 §51, passed 8-25-2008)

9.72.090   PERMIT - PLAN CHECKING AND INSPECTION FEES.

In addition to the issuance fee, plan-checking and inspection fees are established, in accordance with the schedule of fees as adopted by resolution of the City Council. (Ord. 671 §1 (part), passed -- 1987)

9.72.100   PERFORMANCE BOND - AMOUNTS DESIGNATED.

No permit shall be issued for any excavation or any other activity requiring excavation within public right-of-ways or easements until a cash bond (or other security approved by the City), in an amount established from time to time by resolution of the City Council as determined by the type of excavation, with a minimum amount required to be deposited as established from time to time by resolution of the City Council.  Bonded, licensed contractors shall not be required to comply with the deposits specified herein.  (Ord. 871 §17, passed 8-25-2008)

9.72.110   PERFORMANCE BOND - SPECIFICATIONS - SURETY BOND MAY BE PERMITTED.

The cash sums required by § 9.72.100 are to bond for the excavation in the City right-of-way, and to guarantee that the work is done correctly and in conformance with City standards and specifications. In lieu of the cash bond, there may be filed with the City Clerk a good and sufficient surety bond, in the sum of the estimated cost of the excavation, backfill and repaving needed, but not less than five hundred dollars ($500) provided, however, that the Public Works/Engineering Department may require some combination of a cash deposit and surety bond before issuing the excavation permit to the party desiring the permit. For projects with a construction cost of less than $5,000, the Public Works/Engineering Department may waive the requirement for a performance bond. Such waiver shall be in writing. (Ord. 873 §15, passed 8-25-2008)

9.72.120   PERFORMANCE BOND - PERMITTED DEDUCTIONS - PROCEDURE.

1. If the work is not performed as specified in the agreement or permit, or not completed, the City Manager may cause any or all of the work to be done, and shall deduct the costs, including expenses for overhead and administration, from the cash bond amount. In addition, he may deduct from the cash bond the necessary amount to cover inspection and other labor charges, and expenses incurred in the completion or repair of the work.
2. In the case where a surety bond has been posted, the Director of Finance shall prepare a bill for all the expenses incurred, and shall present the bill to the permittee for payment. If not paid within a reasonable period thereafter, and in the event the bill is not paid, the principal and sureties on the bond shall be liable for the amount thereof.

(Ord. 671 §1 (part), passed -- 1987)

9.72.130   CERTIFICATE OF COMPLETION - PROCEDURE.

Whenever any work covered by a permit as provided in this chapter has been completed, the permittee shall so notify the Public Works/Engineering Department in writing. If, after a final field inspection, the work is found to be completed in accordance with the requirements of the permit and all the provisions of this chapter, the Public Works/Engineering Department shall issue, if so requested by the permittee, a certificate of completion, which shall contain a statement of the location, nature, and total amount of the work performed under the permit. Upon completion to the satisfaction of the Public Works/Engineering Department, or within a reasonable period thereafter, the cash bond, less any expenses as provided in § 9.72.120, the surety bond, or other securities held shall be released. (Ord. 873 §16, 2passed 8-25-008)

9.72.140   PERMIT - LIABILITY INSURANCE REQUIREMENTS.

No permit shall be issued pursuant to this chapter until the applicant for such permit has filed with the City Clerk evidence insurance as set forth in the City's Administrative Regulations as from time to time amended.

In the alternative, for non-construction permits, the applicant may obtain Special Event Liability Insurance, if available, through the office of the City Clerk. For minor construction projects undertaken by homeowners or small shop owners, the City Manager may reduce the face amount sum of the required insurance.

(Ord. 872 §4, passed 8-25-2008)

9.72.150   REMOVAL OF DEBRIS REQUIRED.

No person performing any work under the provisions of this chapter shall fail, refuse, or neglect to remove all material and debris from the public area within a reasonable time of completion and as required for safety and convenience, as determined by the Public Works Superintendent. (Ord. 671 §1 (part), passed -- 1987)

9.72.160   APPEALS.

Any person aggrieved by a decision reached pursuant to the provisions of this chapter may file an appeal from such decision to the City Council. The appeal shall be in written form, and shall briefly describe the nature of the decision made and the reasons for the appeal. It shall be filed with the City Clerk. Upon receiving such an appeal, the City Clerk shall set the same for consideration by the City Council at its next most convenient meeting, and shall give the appealing party, and any other person requesting the same, five days written notice of the time and place of the hearing, by United States mail, postage prepaid, addressed to such persons at their last known addresses. The hearing to be conducted by the City Council upon an appeal need not be a formal public hearing, provided that all interested persons shall be given a reasonable opportunity to be heard. The City Council shall determine whether the appeal is well founded, based upon the provisions of the chapter, and its decision shall be final and conclusive. (Ord. 671 §1 (part), passed -- 1987)

9.76.010   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

     CURFEW HOURS. The period from 11:00 PM until 6:00 AM the following morning.
     EMERGENCY.  Unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life.
     ESTABLISHMENT.  Any privately owned place of business operated for profit to which the public is invited, including but not limited to, any place of amusement or entertainment.
     GUARDIAN.
1.  A person who, under court order, is the guardian of the minor; or
2.  A public or private agency with whom a minor has been placed by court order.
     MINOR.  Any person under eighteen (18) years of age.
     OPERATOR.  Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.
     PARENT. A person who is a natural parent, adoptive parent or step-parent of a minor.
     PUBLIC PLACE. Any place the public or a substantial group of the public has access and includes, but is not limited to, streets, alleys, sidewalks, squares, parks, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops, dance halls, amusement center or these establishment immediate areas.
     REMAIN. To
1. Linger, stay or be present; or
2. Fail to leave the public place when requested to do so by a peace officer, the owner, operator or other person in control of the premises or public place.
     RESPONSIBLE ADULT.  A person at least eighteen (18) years of age and authorized by a parent or guardian to have care and custody of a minor.

(Ord. 810 §2, passed -- 1998)

9.76.020   UNDER 18 - HOURS - DEFINITION.

It is unlawful for any minor persons under the age of eighteen years to remain, congregate or to be present at or to be upon any public street, way, square, park, place or building or at or in any place of business, business house, public dance hall or other place designed for the accommodation of the public or place as listed in the above definitions between the hours of 11:00 p.m. of one day and 6:00 a.m. of the following day. Any person who has not attained his eighteenth birthday is deemed to be under the age of 18years. (Ord. 810 §2, passed -- 1998)

9.76.030   MINOR ACCOMPANIED BY ADULT.

The provision of § 9.76.020 shall not apply to any minor who at the times mentioned in § 9.76.020 is accompanied by his parent, guardian or other adult person having the lawful custody of such minor. (Ord. 810 §2, passed -- 1998)

9.76.040   PLACES EXCEPTED.

The provisions of § 9.76.020 shall not apply to the following places: Public theaters and places where supervised entertainment or play or instruction for minors under the age of 18 is conducted; provided, however, that this exception shall apply only to minors who are in attendance at such theaters or places for the purpose of attending the entertainment, supervised entertainment, or supervised play or instruction thereby afforded. (Ord. 810 §2, passed -- 1998)

9.76.050   GOING TO OR COMING FROM EXCEPTED PLACE.

The provisions of § 9.76.020 shall not apply to any minors while engaged in going to or returning from, in direct route, the places mentioned in § 9.76.040 and their homes or other places of abode; provided, however, in the event such minors stop, loiter, loaf, congregate or deviate from such direct route, this exception shall not apply and the provisions of § 9.76.020 shall then apply. (Ord. 810 §2, passed -- 1998)

9.76.060   EXCEPTIONS.

The provisions of § 9.76.020 shall not apply to any minor who is lawfully employed or to such a minor while engaged in going to or returning from his place of employment in a direct route between such place of employment and his place of abode. (Ord. 810 §2, passed -- 1998)

9.76.070   VIOLATION DEEMED MISDEMEANOR.

Any minor violating the terms of this chapter is guilty of a misdemeanor. (Ord. 810 §2, passed -- 1998)

9.76.080   INSTITUTION OF PROCEEDINGS AGAINST MINOR VIOLATOR.

Any minor violating the provisions of this chapter may be immediately apprehended and lawfully detained and appropriate proceedings may be instituted under and pursuant to the provisions of the Juvenile Court Law as set forth in the Welfare and Institutions Code of the State of California. Officers taking enforcement action under this ordinance shall first, ask the apparent offenders age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this ordinance unless the officer reasonably believes an offense has occurred based upon the minors response(s) and other circumstances surrounding the enforcement of this ordinance. (Ord. 810 §2, passed -- 1998)

9.76.090   VIOLATION BY ADULT - PENALTY.

Any parent, guardian or other adult person having the lawful custody, permanent or temporary, of any minor person who knowingly permits or lets, either willfully or negligently, such minor violate the provisions of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12. (Ord. 874 §25, passed 8-25-2008)

Editor's Note - Title 9:

For constitutional grant of power to any City to make and enfforce within its limits all such local, police, and other regulations as are not in conflict with teh general laws, see California Constitition Artle 11, § 7.

Statutory reference - Chapter 9.20: 

Provisions relating to fireworks, see Cal. Health and Safety Code §§ 12500-12761

Statutory reference - Chapter 9.36: 

Provisions regarding disturbing the peace, see Cal. Penal Code Code § 415

Provisions regarding loitering, see Cal. Penal Code § 647

Statutory reference - Chapter 9.40: 

Provisions regulating inter alia the consumption of intoxicating beverages on public school grounds, see Cal. Business and Professions Code § 25608

Editor's Note - Chapter 9.76:

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by decisions of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance.

The City Council of the City hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact any one (1) or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional.