11.10 Firearms and Other Weapons
11.20 Trespassing and Loitering
11.30 Motorcycles and Off-Road Vehicles
11.40 Motorcycle and Off-Road Vehicle Events
11.50 Regulation of Ephedrine Purchases
11.54 Prohibiting Sex Offender Loitering Near Children’s Facilities
11.56 Prohibiting Loitering by Criminal Street Gangs
11.60 False Police Alarms
11.68 Use of Park and Recreation Facilities
11.70 Regulations for Use of Skate Parks
11.80 Vehicle Abatement and Removal Program
11.81 Unlawful Dumping- Seizure and Impound of Nuisance Vehicles
11.82 Graffiti Abatement
11.90 Disposition of Personal Property
11.100 Distribution of Notices and Handbills
Chapter 11.04: OFFENSES
- 11.04.070 Blinder Racks
- 11.04.080 Adult Video Recordings
No person shall display or exhibit in any public place or place open to the public, other than a location from which minors are excluded, any material which is harmful to minors unless a device commonly known as a "blinder rack" is in place so that the lower two-thirds thereof is not exposed to public view. For purposes of this section, "harmful matter", "person", "exhibit", "minor", and "matter" are as defined in California Penal Code Section 313 as currently in effect and as may be amended.
(Ord. 66 10-9-90; Ord. 67 11-13-90)
Any person who sells or rents video recordings of harmful matter shall locate the area created within said person's business establishment for the placement of such video recordings as required by Section 313.1(e) of the California Penal Code to an area labeled "adults only" which is not adjacent to displays of video recordings which are of interest primarily to children, nor shall any person who sells or rents video recordings of harmful matter permit or allow minors to enter into or remain in the "adults only" area unless the minor is accompanied by a parent or legal guardian. The Applicable definitions referenced in such 11.04.070 shall apply to this section, as well.
(Ord. 66 10-9-90; Ord. 67 11-13-90)
Chapter 11.10: FIREARMS AND OTHER WEAPONS
- 11.10.010 Discharge of Firearms and other Weapons
- 11.10.020 Possession of Crossbow, Longbow, BB Gun or Pellet Gun by
Persons Under the Age of 18 years
- 11.10.030 Violation a Misdemeanor
11.10.010 Discharge of Firearms and Other Weapons
(a) It is unlawful for any person to shoot, fire or discharge any crossbow, longbow, weapon commonly known as a BB or pellet gun, rifle, pistol, revolver, shotgun or other firearm of any kind within the Town.
(b) The prohibitions set forth in section 11.10.010(a) shall not apply to the following:
- Peace officers in the lawful discharge of their duty;
- Persons engaged in pest control in an agricultural area;
- Persons on their own property or with the permission of the owner of the property when such discharge conforms to all other applicable statutes;
- Persons at an authorized shooting gallery or target range for which prior approval from the Town Manager or his designee has been granted;
- Persons engaged in the lawful defense of self, others, or property;
- Persons using blank cartridges at a parade, funeral, or theatrical production;
- Persons using a device commonly known as a "line gun" to project a rope, string or other cord for an otherwise lawful purpose.
11.10.020 Possession of Crossbow, Longbow, BB Gun or Pellet Gun by
Persons Under the Age of 18 Years
(a) It is unlawful for any person under the age of eighteen (18) years to possess any crossbow, longbow, or any weapon commonly known as a BB gun or pellet gun within the Town.
(b) The prohibitions set forth in Section 11.10.020(a) shall not apply to the following:
- Persons under the age of eighteen (18) years who are closely supervised by an adult and the owner of the property where such activity occurs has given prior permission for such activity;
- Persons under the age of eighteen (18) years who have in their possession written permission from a parent or legal guardian to possess a crossbow, longbow, BB gun or pellet gun for a specified purpose and specified period of time.
11.10.030 Violation a Misdemeanor
Any person who violates any provision or who fails to comply with any of the requirements of this Chapter shall be guilty of a misdemeanor for each and every violation and upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code. (Amended Ord. 156, adopted 11-14-95)
(Entire Chapter 11.10 added per Ord. 122, adopted 8-24-93)
Chapter 11.20: TRESPASSING AND LOITERING
- 11.20.010 Chapter Application
- 11.20.020 Provisions Not To Be Deemed Duplicative of State Law
- 11.20.030 Loitering - Repealed
- 11.20.040 Sitting or Lying on Public Ways
- 11.20.045 Camping Prohibited
- 11.20.050 Obstructing Entrances
- 11.20.060 Private Property
- 11.20.070 Trespass by Refusal to Leave
- 11.20.080 Trespass by Prohibited Entry
- 11.20.085 Aggressive Solicitation Prohibited
- 11.20.090 Form of Notification
- 11.20.100 Exceptions
11.20.010 Chapter Applications
This Chapter applies to the Town
11.20.020 Provisions Not To Be Deemed Duplicative of State Law
No provision contained in this title is intended, nor shall it be deemed or construed, to make punishable any act or acts which are prohibited by any law of the State.
(Section Repealed per Ordinance 224, dated 6-13-00)
11.20.040 Sitting or Lying on Public Ways
No person shall sit, lie or sleep in or upon any highway, alley, sidewalk or crosswalk or other public way within the Town. The provisions of this Section do not prohibit sitting upon a public highway, alley, sidewalk, or crosswalk or other public way open for pedestrian travel if:
(A) Necessitated by the physical disability of such person; or
(B) Viewing a legally conducted parade; or
(C) On a bench lawfully installed for such purposes; or
(D) So authorized or directed by a peace officer or a public safety officer.
11.20.045 Camping Prohibited
(A) No person shall camp, sleep outdoors or in a vehicle, or park a recreational vehicle overnight in a public location, other than in a designated commercial or public campsite, except by permission in writing by the Town Manager.
(B) No person shall light or maintain in a public place any fire or to cook, prepare, serve or eat any meal other than at a stove, barbecue, fire circle or other place provided for that purpose in a designated public or commercial campsite.
(C) No person shall intentionally urinate or defecate in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public.
(D) No person shall allow sewage or other wastewater to flow from any recreational vehicle onto the ground or to any location other than a designated sewage tank dump site intended for that purpose.
(E) No person shall drink, possess, or have under his or her control any alcoholic beverage in an open container or in a container the seal of which is broken in any public places within the Town, except on developed, private property or on those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
(Section 11.20.045 added per Ordinance 302, adopted 10-25-05)
11.20.050 Obstructing Entrances
No person shall loiter, stand, or sit in or at the entrance of any church, hall, public business, or place or public assemblage within the Town so as to obstruct such entrance.
11.20.060 Private Property
No person shall enter or remain upon any drive-in or take-out restaurant property, automobile parking lot, shopping center property or any other place open to the public without the implied or expressed consent of the owner, his agent or person in lawful possession thereof, or with knowledge that such consent has been withdrawn, in such manner as unreasonably to obstruct or interfere with the free passage of any vehicle or person. Nor shall any person drive a motor vehicle or remain in a motor vehicle on any drive-in or take-out restaurant property, automobile parking lot, shopping center property or any other place open to the public without the implied or expressed consent of the owner, his agent or person in lawful possession thereof, or with knowledge that such consent has been withdrawn, so as to unreasonably annoy or molest any person thereon or as to unreasonably obstruct or interfere with the free passage of any vehicle or person.
11.20.070 Trespass By Refusal To Leave
No person shall remain on any private property or business premises after being notified by the owner or lessee or other person in charge thereof to remove therefrom.
11.20.080 Trespass by Prohibited Entry
No person, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises, shall enter upon such private property or business premises after having been notified by the owner or lessee or other person in charge thereof to keep off or keep away therefrom.
11.20.085 Aggressive Solicitation Prohibited
No person shall solicit by harassing or menacing another person on a public street or sidewalk or in another place open to the public, whether publicly or privately owned.
(A) For purposes of this section:
- "Solicit" means to ask another by word or gesture for money or for some other thing of value.
- "Solicit by harassing or menacing" means to do any of the following while soliciting:
(a) Intentionally block or impede the passage of the solicitee;
(b) Touch the solicitee with the intent to intimidate or coerce;
(c) Follow the solicitee, going behind, ahead or along side of him or her, with
the intent to intimidate or coerce;
(d) Threaten the solicitee, by word or gesture, with physical harm; or
(e) Abuse the solicitee with words which are offensive and inherently likely
to provoke an immediate violent reaction.
(B) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed one thousand dollars ($1,000) or be imprisoned for a period not to exceed six months or both.
As used in this Chapter, “public place” means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, shopping centers, undeveloped private property and buildings open to the general public.”
(Section 11.20.085 added per Ordinance 302, adopted 10-25-05)
11.20.090 Form of Notification
Within the meaning of Section 11.20.060 and 11.20.070, notification by the owner or lessee or other person in charge of the property of premises may be satisfied by direct verbal communication by any such person or by his duly designated agent, including a peace officer or private patrolman, or by sign conspicuously posted on the property or premises giving notice of the prohibition of the particular from of trespass involved.
This Chapter shall not apply in any of the following instances:
(A) Where its application results in or is coupled with any act prohibited by the Unruh Civil Rights Act (which forbids a business establishment generally open to the public, from unreasonably and arbitrarily excluding any prospective customer, and from practicing any racial or other prohibited discrimination);
(B) Where its application results in or is coupled with an act prohibited by any other provision of law relating to unlawful discrimination against any person on account of color, race, religion, creed, ancestry or national origin;
(C) Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers;
(D) Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;
(E) Where its application would result in an unreasonable interference with or an unreasonable 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 conduct otherwise punishable criminally under such laws as Penal Code Section 647c (obstruction of a street, sidewalk, or other public area), or Penal Code Section 415 (disturbing the peace); or
(F) 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 generally have suitable civil remedies readily available to them: Marital and post-marital disputes; child custody or visitation 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 a court.
(Entire Chapter 11.20 Ord. 16 6-20-89)
Chapter 11.24: NIGHTTIME CURFEW LAW
- 11.24.010 Purpose and Intent
- 11.24.020 Definitions
- 11.24.030 Nighttime Curfew Law Established
- 11.24.040 Curfew Exceptions
- 11.24.050 Infractions and Penalties
- 11.24.060 Duty of Parents and Guardians
- 11.24.070 Aiding and Abetting
- 11.24.080 Cost Recovery
11.24.010 Purpose and Intent
The Town Council of the Town of Apple Valley finds and determines that the following legitimate and compelling governmental interests justify establishment of a juvenile curfew detriment ordinance for minors to deter juvenile loitering during the hours beginning 10:00 p.m. and continuing until 6:00 a.m. the following morning:
(a) Protection of the public from juvenile and gang-related crime
(b) Encouragement of parental control and responsibility for their minor children
(c) Reduction of the number of juveniles entering the Juvenile Justice System
(d) Protection of the safety and well being of minors
It is the intent of the Town Council, though adoption of this Chapter, to provide additional tools to protect the public and juveniles who are often perpetrators and victims of crime during late night and early morning hours.
It is the further intent of the Town Council, through adoption of this Chapter, to provide notice to all those who disregard existing curfew law, that the law enforcement agencies of the Town, San Bernardino County Sheriff’s Department and San Bernardino County courts, will strictly enforce the law and said law enforcement agencies will vigorously prosecute those persons engaging in violations of this Chapter.
For the purpose of this Chapter, the following words and phrases shall have the meaning given herein.
(a) “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(b) “Guardian” means: 1) a person who, under court order, is the guardian of a minor; or 2) a public or private agency with whom a minor has been placed by a court.
(c) “Minor” means any person under eighteen (18) years of age and is synonymous with the term “juvenile” as used in this Chapter.
(d) “Parent” means a person who is:
- A natural parent, adoptive parent or stepparent of another person; or
- at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
(e) “Public Place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, alleys, highways and the common areas of hospitals, apartments, office buildings, commercial buildings, transportation facilities, parks, public playgrounds and vacant lots.
(f) “Remain” means to:
- Linger or stay, whether on foot or in a vehicle; or
- Fail to leave premises when requested to do so by a police officer, code enforcement officer, or the owner, operator or person in control of the premises.
(g) “Loiter”, as used in this Chapter, shall mean to idle, to loaf, to stand idly by, or walk, drive or ride about aimlessly without lawful purpose.
11.24.030 Nighttime Curfew Law Established
It is unlawful for any minor under the age of eighteen (18) years to loiter, wander, remain, or be in or upon public places, or other public streets, highways, roads, alleys, parks, playgrounds, public grounds, public buildings, commercial buildings, places of amusement, eating places or vacant lots, whether inside or outside a motor vehicle, during the hours beginning 10:00 p.m. and continuing until 6:00 a.m. the following morning.
11.24.040 Nighttime Curfew Exceptions
This chapter does not apply;
(a) When the minor is accompanied by or under the direction and control of his or her parents, guardian or other adult person having the care or custody of the minor; or
(b) When the minor is on an emergency errand or lawful business directed by his or her parents or guardian or other adult person having care or custody of the minor, without any detour or stop; or
(c) When the minor is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; or
(d) When the minor is attending an official school, religious, recreational, educational, social, or other organized activity sponsored by the Town, school district or other private civic or religious organization that supervises the activity, or when a minor is going to or returning home from, without any detour or stop, such activity; or
(e) When the minor is involved in an emergency; or
(f) When the minor is in a motor vehicle involved in interstate travel, or other travel through the Town not in violation of this Chapter, or
(g) When the minor is on the sidewalk or in the yard abutting the minor’s residence, or
(h) When the minor is going to or returning home from a private residence or other establishment as directed by the minor’s parent or guardian, or other adult person having the care or control of the minor, without any detour or stop, or
(i) When the minor is engaging in speech or religious rights protected by the United States or California Constitutions, such as the free exercise of religion, freedom of speech, and the right of peaceful assembly, or
(j) When the minor is married or has been emancipated in accordance with California Family Code Section 7002.
11.24.050 Infractions and Penalties
Notwithstanding any other provision of this Code, when a minor is charged with a violation of the Code, and a peace officer issues a notice to appear in Juvenile Traffic Court to that minor, the charge shall be deemed an infraction for the first two violations and a misdemeanor with juvenile traffic court offenses.
11.24.060 Duty of Parents and Guardians
Every parent, guardian, or other person having legal care, custody, or control of any minor who knowingly aids, abets, or encourages such minor to violate any provision of this Chapter shall be guilty of an infraction for the first two violations and a misdemeanor for the third and following violations thereafter.
11.24.070 Aiding and Abetting
Any person assisting, aiding, abetting or encouraging any minor to violate any provision of this Chapter shall be guilty of an infraction for the first two violations and a misdemeanor for the third and following violations thereafter.
11.24.080 Cost Recovery
(a) Determination by Court:
When, based on a finding of civil liability or conviction for violations of this Chapter, a minor is detained for a period of time in excess of one (1) hour, and said detention required the supervision of the juvenile offender by San Bernardino county Sheriff’s Department employee(s), the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said department.
(b) Determination by sheriff’s Captain:
As determined by the Sheriff’s Captain or his designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act willful misconduct in violation of this ordinance where sheriff personnel provided services relating to the detention, processing or supervision of minors that are over and above normal services usually provided by the San Bernardino County Sheriff’s Department, may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by said department.
Any person receiving a bill for police services pursuant to this Chapter may, within fifteen (15) days after the billing date, file a written request appealing the imposition of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the Town Manager, or his or her designee, as the hearing officer. Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filling of the request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the Town shall be paid within thirty (30) days after notice of the decision of the hearing officer.
(Chapter 11.24 added by Ord. 275, adopted on 10-28-03)
- 11.30.010 Regulation of Operation of Motor Vehicles,
including Motorcycles and Off-Road Vehicles
- 11.30.020 Motor Vehicle Operation –- Off Road Dust Provision
- 11.30.030 Required Equipment
- 11.30.040 Motor Vehicle Operation –- Off-Road Noise Provision
- 11.30.050 Off-Road Track Construction
- 11.30.060 Violations—Removal of Motor Vehicle
- 11.30.070 Exemptions
11. 30.010 Regulation of Operation of Motor Vehicles, Including Motorcycles
and Off-Road Vehicles
No person shall drive within the Town limits any motor vehicle, including a motorcycle, motor driven cycle, or off-road vehicle, on any land belonging to or occupied by another, including utility and other easements adjacent to the property, without having and, upon request of a peace officer, displaying written permission from the owner of such land or his agent, or the person in lawful possession thereof; provided that this section shall not be applicable to persons having visible or lawful business with said owner, agent or person in lawful possession.
11.30. 020 Motor Vehicle Operation - Off-Road Dust Provision
No person shall drive within the Town limits any motor vehicle, including a motorcycle, motor driven cycle, or off-road vehicle, on any land in such a manner as to create any nuisance condition of dust or dirt emission to neighboring properties.
11.30.030 Required Equipment
No person shall operate or drive within the Town limits any motor vehicle, including a motorcycle, motor driven cycle, or off-road vehicle, upon any developed or undeveloped property unless such vehicle is at all times equipped with an adequate spark arrestor(s) and muffler(s) in constant operation and properly maintained so as to meet the requirements of California Vehicle Code Sections 38365 and 38370 as the same now exist or may hereafter be amended. No such muffler(s) or exhaust system(s) shall be equipped with a cut-out, bypass, or similar device.
11.30.040 Motor Vehicle Operation – Off-Road Noise Provision
No person shall operate within the Town limits any motor vehicle in such a manner that the volume of noise generated by the vehicle is so loud, raucous, or jarring that it creates a disturbance or nuisance to the peace or quiet of any adjacent neighborhood or a person residing or conducting a lawful business therein. There shall be a rebuttable presumption of compliance with the requirements of this subsection if the vehicle is determined to be in compliance with the equipment provisions of section 11.30.030 of this Chapter.
11.30.050 Off-Road Track Construction
No person shall construct an off-road vehicle track on private property using motorized equipment without first securing appropriate grading and other required permits from the Town of Apple Valley Planning Department and the Building & Safety Department, in conformance with the California Building Code, as adopted and revised by Section 8.12.010(5) of the Town of Apple Valley Municipal Code and any other applicable ordinance of the Town, and any applicable amendments thereto, as may be in effect at the time.
11.30.060 Violations – Removal of Motor Vehicle
Any person who violates any provision of this Chapter is guilty of an infraction on the first violation. On the second and any subsequent violation of the same section, the offender is guilty of a misdemeanor and is subject to arrest by any peace officer for such violation. If such peace officer arrests a violator of any section(s) of this Chapter, he may cause the removal and storage of such motor vehicle from the private property. Within two working days of the removal of the motor vehicle, the removing agency shall make all notifications required to comply with Vehicle Code section 22852.
A. The provisions of this Chapter shall not apply to the operation of vehicles upon property used for raceways or racing facilities in accordance with a license or permit issued by the Town pursuant to Chapter 11.40 of this Code.
B. The provisions of this Chapter shall not apply to vehicles being used for agricultural, grading, construction, or governmental purposes, or golf carts on golf courses.”
(Entire Chapter 11.30 added Ord. 16, 6-20-89, Entire Chapter 11.30 amended per Ord. 182, adopted July 8, 1997; Entire Chapter 11.30 amended per Ordinance 299, adopted 9-27-05)
Chapter 11.40: MOTORCYCLE AND OFF-ROAD VEHICLE EVENTS
- 11.40.010 Definitions
- 11.40.020 Permit Required
- 11.40.030 Application
- 11.40.040 Findings
Definitions as used in this Chapter, the following terms are defined:
- "Off-road vehicle" means any motor driven vehicle designed to be utilized on other than improved roadways for recreational purposes such as, but not limited to, dune buggies.
- "Event" means any gathering of more than ten off-road vehicles or motorcycles for a recreational outing such as, but not limited to, hound and hare races, rallies, closed course races, hill-climbs and enduro races.
11.40.020 Permit Required
It is unlawful for any person, firm or corporation to organize, conduct or participate in an off-road vehicle or motorcycle event within the corporate limits of the Town, unless a permit for such event has first been issued by the Chief of Police as hereafter provided.
Applications for a permit to organize or conduct an off-road vehicle or motorcycle event shall be in the form of a letter requesting permission to organize and conduct an event. The letter shall describe the proposed event. The Chief of Police shall grant the permit if he determines that the event will apparently be conducted in compliance with all applicable laws and regulations, that the proposed location will be desirable to the public convenience and welfare, that the proposed operation will not create any undue fire hazard, and that such operation is of sufficient distance from occupied areas so as not to cause excessive noise, dust or fumes affecting the occupied areas. The Chief of Police, upon granting of said permit, may attach whatever conditions and terms are necessary or appropriate to carry out the objectives stated in this section.
(Entire Chapter 11.40 added Ord. #16, 6-20-89)
CHAPTER 11.50: REGULATION OF EPHEDRINE PURCHASES
- 11.50.010 Legislative Purpose
- 11.50.015 Definitions
- 11.50.020 Limitation on Sales
- 11.50.025 Penalties
11.50.010 Legislative Purpose
A. The Town Council of the Town of Apple Valley finds that there is a current and immediate threat to the public health, safety and welfare in that the manufacture, processing, transportation, possession and sale of illicit narcotics and drugs are inherently dangerous and that chemicals, compounds, substances, byproducts and wastes which are associated with the manufacture of illicit narcotics and drugs are both dangerous and injurious to the health, welfare and safety of the citizens of the Town of Apple Valley.
B. The Town Council of the Town of Apple Valley finds that there has been a dramatic increase of sales, reports of sales, thefts and possession of over the counter drugs which contain substances known as ephedrine, pseudoephedrine, pseudoephedrine hydrochloride, ephedrine hydrochloride and pseudoephedrine sulfate, along with other substances and products associated with the manufacture of methamphetamine and that retailers are regularly Victimized by those persons who steal those substances, drugs and products on a regular basis.
C. The Town Council of the Town of Apple Valley finds that the general public does not normally purchase the described products in multiple quantities and it is not the Town Council’s intent to restrain legitimate businesses or customers from selling or purchasing the described products.
D. No provisions of this chapter shall hinder or supersede any other applicable state or federal statute.
The following definitions apply to this chapter:
A. "Ephedrine” means any drug, substance or compound, whether legal or illegal, that contains ephedrine hydrochloride, pseudoephedrine sulfate, pseudoephedrine hydrochloride, pseudoephedrine or ephedrine.
B. “Retailer” means any single geographic location of any retail business, company, corporation, person, employee or associate who furnishes, distributes, sells or gives away products as described in this section.
C. “Customer” means any person who purchases or acquires the products described in this section or persons who are present for the purchase or acquisition of the products described in this section.
D. "Sell'' means to furnish, give away, exchange, transfer, deliver, surrender or supply, whether for monetary gain or not.
E. "Count” means the number of pills, tablets, capsules or individual units of a substance contained within an individual package, box or container.
11.50.020 Limitation on Sales
A. No retailer shall sell to a single customer more than three packages, per transaction, of a product containing ephedrine. No retailer shall sell to a single customer, per transaction, products containing ephedrine where the total count exceeds one hundred (100).
B. No customer shall acquire more than three packages, per day, of a product containing ephedrine. No customer shall acquire, per day, products containing ephedrine where the total count exceeds one hundred (100).
A. Any person, customer or retailer violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment.
(This entire Chapter 11.50 added per Ordinance 190, adopted 1-13-98).
Chapter 11.54: Prohibiting Sex Offender Loitering Near Children’s Facilities
- 11.54.010 Purpose and Intent
11.54.010 Purpose and Intent
Sex offenders pose a clear threat to the children residing, or visiting in our community. Because convicted sex offenders are more likely than any other type offender to reoffend for another sexual assault, the Town Council of the Town of Apple Valley desires to impose safety precautions in furtherance of the goal of protecting our children. The purpose of this regulation is to reduce the potential risk of harm to children of our community by impacting the ability for sex offenders to be in contact with unsuspecting children in locations that are primarily designed for use by, or are primarily used by children, namely, the grounds of a public or private school for children, a center or facility that provides day care or children’s services, a video arcade, a playground, park, amusement center, library or museum. The Town of Apple Valley desires to add location restrictions to such offenders where California state law is silent.
(a) “Sex Offender” means a person who has been required to register with a governmental entity as a sex offender.
(b) “Children” means those person’s who are under the age of eighteen (18) years of age.
(c) "Loitering" as used in this Chapter means to delay, to linger or to idle without any lawful business for being present.
A sex offender is prohibited from loitering on or within five hundred feet (500’) of a public or private school for children, a center or facility that provides day care or children’s services, a video arcade, a playground, park, amusement center, library or museum. This prohibition does not apply to a sex offender’s place of residence when regulated by state law.
Any person violating this section is guilty of a misdemeanor. A misdemeanor is punishable by a fine up to one thousand dollars ($1,000) or by imprisonment for up to one year, or both. The Town Attorney may reduce the violation to an infraction. An infraction is punishable by:
- a fine not exceeding two hundred and fifty dollars ($250) for a first violation;
- a fine not exceeding five hundred dollars ($500) for a second violation;
- a fine not exceeding one thousand dollars ($1000) for each additional violation of this provision.
(Entire Chapter Added per Ordinance No. 328 adopted 11-14-06)
Chapter 11.56: Prohibiting Loitering by Criminal Street Gangs
- 11.56.010 Purpose and Intent
- 11.56.020 Prohibited Acts and Definitions
- 11.56.030 Powers of Law Enforcement Officers Not Limited
- 11.56.040 Parental Control
- 11.56.050 Penalties
11.56.010 Purpose and Intent
The Town Council of the Town of Apple Valley has the authority to take action where the potential exists for jeopardy to the public welfare, health and safety of its citizens. The Town Council is concerned with the potential for street gang violence, street gang activity and street gang crime in the Town, and has determined that the establishment and enforcement of an ordinance prohibiting loitering is an effective and necessary means to decrease crime, violence and victimization.
The Town Council finds the crimes being committed by criminal street gang members include serious offenses such as murder by drive-by shootings, aggravated assault, robberies, burglaries and drug-related crimes; and, finds loitering in public places by members of street gangs creates a justifiable fear for the safety of persons and property in the area. Members of criminal street gangs establish control over identifiable areas of a community by loitering in those areas and intimidating others from entering. The Town Council of the Town of Apple Valley finds and determines that having an enforceable ordinance targeted at loitering by members of criminal street gangs and those in company with members of criminal street gangs is critical to preserving the peace, morals and safety of all citizens in the Town.
11.56.020 Prohibited Acts and Definitions
It is unlawful for any person who is a member of a "criminal street gang" as that term is defined in California Penal Code section 186.22(f) or who is in the company of or acting in concert with a member of a "criminal street gang" to loiter or idle in a "public place" as defined in this section under any of the following circumstances:
(a) With the intent to publicize a criminal street gang’s dominance over certain territory in order to intimidate non-members of the gang from entering, remaining in, or using the public place or adjacent area;
(b) With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.
For purposes of this chapter, a "public place" means the public way and any other location open to the public, whether publicly or privately owned, including, but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, privately owned place of business, to which the public is invited, including any place of amusement, entertainment, or eating place. Any "public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment house.
11.56.30 Powers of Law Enforcement Officers Not Limited
Nothing in this chapter shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention or arrest as such law enforcement officer would be permitted to make in absence of this chapter.
11.56.040 Parental Control
Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits or by insufficient control allows a minor to violate the provisions of this chapter, is guilty of an infraction for the first two violations and a misdemeanor for the third and following violations thereafter.
Any person violating this section is guilty of an infraction for the first two violations and a misdemeanor for each subsequent violation. An infraction is punishable by:
- a fine not exceeding two hundred and fifty dollars ($250) for a first violation;
- a fine not exceeding five hundred dollars ($500) for a second violation;
- a fine not exceeding one thousand dollars ($1000) for each additional violation of this provision. A misdemeanor is punishable by a fine up to one thousand dollars ($1,000) or by imprisonment for up to one year, or both.
(Entire Chapter Added per Ordinance No. 328 adopted 11-14-06)
Chapter 11.60: FALSE POLICE ALARMS
- 11.60.010 Definitions
- 11.60.020 Response Service Charges
- 11.60-030 Waiver for Special Circumstances
- 11.60.040 Service Charge A Debt
- 11.60.050 Collection Procedure for Delinquent Accounts--Creation of Lien
For the purposes of this Chapter, the following definitions shall apply:
(a) "Alarm system" shall mean any device designed for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act, which device, when actuated, emits a sound beyond the business premises or residential unit or dwelling protected by such device or transmits a signal or message to another location.
(b) "False alarm" shall mean an activated alarm or alarm signal from any alarm which is responded to within the Town of Apple Valley by the San Bernardino County Sheriff's Department, but for which no emergency situation exists or where there is no evidence to indicate that there was an emergency situation as determined by the responding officer. 'False alarm' shall not include those alarms activated by extraordinary meteorological, atmospheric, or other conditions or means as determined by said Sheriff's Department.
(c) "Fiscal year" shall mean the period from and including July 1 of any year to and including June 30 of the following year.
(d) "Person" shall mean individual, partnership, corporation, or other entity.
11.60.020 Response Service Charges
A service charge which is established by resolution of the Town Council of the Town of Apple Valley in order to defray costs incurred in providing law enforcement services in response to a false alarm shall be paid to the Town, by each person who possesses premises, for each third and subsequent police response made to those premises generated by a false alarm during any fiscal year.
11.60.030 Waiver For Special Circumstances
Where practical difficulties make it impossible or extremely difficult to comply with this Chapter, the Town Manager or his authorized representative may issue a waiver of any service charge to be billed, subject to such terms and conditions as he may deem necessary to protect the public health and safety so that the spirit of this Chapter shall be observed, the public health and safety secured and substantial justice done.
11.60.040 Service Charge A Debt
The alarm service charge shall be a civil debt owing the Town from the owner, occupant or person in possession, charge or control of the location of the alarm unit.
If an invoice for the service charge is unpaid sixty days after mailing, a penalty of ten percent shall be charged, and an additional one and one-half percent per month shall be charged until the charges and penalties are paid in full.
If court action is taken to enforce non-payment of charges, the user or property owner shall pay all reasonable attorney's fees incurred by the Town.
11.60.050 Collection Procedure for Delinquent accounts--Creation of Lien
Any charges authorized pursuant to this chapter which remain unpaid after the delinquent date as set forth in Section 11.60.040 may be collected thereafter by the Town as provided in this Section.
(a) The Town Council shall cause a report of delinquent charges to be prepared periodically. The Council shall fix a time, date, and place for hearing and report and any objections or protest thereto.
(b) The Town Council shall cause notice of hearing to be mailed to the property owners listed on the report not less than fifteen days prior to the date of the hearing.
(c) At the hearing, the Town Council shall hear any objections or protests of property owners liable to be assessed for delinquent charges. The Town Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.
(d) The delinquent charges set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent charges plus administrative costs. A certified copy of the confirmed report shall be filed with the Town Clerk, or Auditor appointed by the Town Council, for amounts of the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the County Recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of Town ad valorem property taxes shall be applicable to such assessment.
(Chapter 11.60 added Ord. 75, 3-26-91)
Chapter 11.68: USE OF PARK AND RECREATION FACILITIES
- 11.68.010 Declaration of Policy
- 11.68.020 Definitions
- 11.68.030 Compliance
- 11.68.040 Specific Acts Prohibited
- 11.68.050 Confining or Prohibiting Activities
- 11.68.060 Permission Required for Groups of 25 or More
- 11.68.070 Smoking in Park Facilities
- 11.68.080 Amplified Sound in Parks
- 11.68.090 Alcoholic Beverages in Town Parks and Facilities
- 11.68.100 Permits
- 11.68.110 Enforcement
- 11.68.120 Penalties
- 11.68.130 Administrative Citations
11.68.010 Declaration of Policy
Town parks and recreational facilities are established for the use and enjoyment of all persons in the pursuit of recreation, whether active or passive. It is the Town’s responsibility to promote the health, peace, safety, welfare and convenience of all persons in regards to their use and enjoyment of any Town park. The Council finds that to give practical effect to this policy and to insure that all persons may enjoy such parks and facilities, it is necessary to regulate the use of Town parks and facilities.
In this Chapter, the following definitions shall apply:
(a) “Park” means a park, playground, recreation center, tennis courts, swimming facilities, sports field, ballfield and/or open space or other area, structure or facility, owned or used by the Town and devoted to active or passive recreation.
(b) “Facility” means an indoor building, owned or used by the Town and devoted to active or passive recreation.
(c) “Town Manager” means the Town Manager of the Town of Apple Valley or the person authorized by said Town Manager to act in his or her stead in respect to the provisions of this Chapter.
(d) “Neighborhood Parks” are intended for daytime use, and generally have no nighttime scheduled activities nor lighted facilities intended for nighttime public use; this term includes the parks known as Corwin Park, Don Ferrarese Park, Lion’s Park, Mendel Park, Mountain Vista Park, Norm Schmidt Park, Sycamore Rocks Park, Thunderbird Park, Virginia Park, and Yucca Loma Park.
(e) “Community Parks” are intended for daytime use and have outdoor, permanent lighted facilities intended for public use during certain nighttime hours; this term includes the parks known as James Woody Park and Brewster Park.
(f) “Special Use Park” is a park devoted to specialized, recreational uses, approved in writing, in advance, by the Town Manager, such as equestrian, bmx, overnight camping, special events, and the like, is intended for daytime use and has outdoor, permanent lighted facilities intended for daytime use and has outdoor, permanent lighted facilities intended for public use during certain nighttime hours; this term includes the park known as Horsemen’s Center.
(Amended Ord. 277 adopted 11-25-03)
No person shall enter, be or remain in any Town park unless such person complies with all the regulations and conditions set forth in this Chapter. The prohibitions of this Chapter, however, shall not apply to emergency police, fire or public utility services.
11.68.040 Specific Acts Prohibited
Every person who willfully within any park commits any of the acts set out in this section or violates any other prohibition in this Chapter is guilty of a violation of this Chapter, punishable in accordance with sections 1.01.200 through 1.01.230 of the Town of Apple Valley Municipal Code. The prohibited acts include the following:
(a) To hitch, fasten, lead, drive or let loose any animal or fowl of any kind, except in areas which may be designated by the Town Manager, provided that this shall not apply to dogs and cats when led by a leash and under full control by its owner or custodian.
(b) To ride or drive any skates, skateboard, horse or other animal, or to propel any vehicle, cycle, bicycle, skateboard, skates or automobile, except in areas designated for purposes of vehicle or other travel or otherwise by the Town Manager. This provision does not apply to any vehicle being used for authorized Town business, nor to any police or other emergency vehicle performing an authorized mission, nor to a vehicle which is within a park pursuant to written permission of the Town Manager. Neither does this provision apply to any electrically driven wheelchair carrying a physically incapacitated person.
(c) Subject to the provisions of Section 11.68.094 of this Chapter, to enter, remain, stay or loiter in any park or facility between the hours from 11:00 p.m. to dawn the following day without written permission from the Town Manager or except as a participant in an activity permitted in writing by the Town Manager.
(d) To light or maintain any fire or to cook, prepare, serve or eat any meal other than at a stove, barbecue, fire circle or other place provided for that purpose.
(e) To possess, carry or discharge any firearms, firecrackers, rockets, explosives or any other fireworks, air gun, bow and arrow, slingshot or any similar device or weapon; nor shall any person carry into or use any other object within a park with the intent of disturbing the peace of any person by means of noise or otherwise. This prohibition shall not apply to the engaging in or traveling to target practice conducted in accordance with appropriate standards of safety at an archery, skeet or target range authorized and provided by the Town for such purpose, nor shall this prohibition apply to law enforcement personnel acting within the scope of their official duties.
(f) To throw, project or propel or drive upon a lawn or across any park, public walkway or driveway within a park any missile, model airplane, model car, go-carts or other self propelled devices and vehicles not covered under the California Vehicle Code, capable of causing personal injury or damage to personal property; except at such places designated therefore by the Town Manager.
(g) To drive, hit or putt any golf ball or to use any golf club in any park or upon any pathway or trail, except in such areas as may be designated by the Town Manager for that purpose.
(h) To cut, break, injure, deface or destroy any tree, shrub, plant, rock, building, cage, pen, monument, sidewalk or paved area, fence, bench or other structure, apparatus or property, or pull up, cut, take or remove any shrub, bush, plant or flower, or mark or write upon, paint or deface in any manner any building, monument, bench, sidewalk, paved area or other structure. This prohibition shall not apply to any employee or contractor of the Town.
(i) To cut or remove any wood, turf, grass, soil, rock, gravel, sand or fertilizer from a park or from any place within a park.
(j) To camp or lodge therein except by permission in writing by the Town Manager.
(k) To throw, discard, place or dispose of any garbage or refuse in any place other than in a garbage can or other receptacle maintained for that purpose.
(l) To park any vehicle on any road or path except at places designed for parking by the Town Manager.
(m) To play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice or other devices for money, chips, shells, credit or other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming. This prohibition shall not apply to simulated gambling games or to bingo games when conducted by a nonprofit organization during fund raising events pursuant to a permit or reservation issued by the Town Manager pursuant to this Code and in compliance with all other applicable law.
(n) To hold any meeting, service, concert, event or exhibition without first obtaining written permission from the Town Manager.
(o) To engage in any commercial activity including but not limited to the selling, offering for sale, advertising for sale, or solicitation for future delivery or performance of any goods, wares, merchandise or services, except pursuant to a specific concession or contract granted by the Town or a permit therefore.
(p) To interfere with the use of any scheduled group or activity that has received a permit from the Town for use of said park.
11.68.050 Confining or Prohibiting Activities
The Town Manager may prohibit or confine to posted areas within a park or facility any activities to the extent necessary so that it will not be detrimental to the health, safety and welfare of the general public or damaging to the property of the Town.
11.68.060 Permission Required for Groups of 25 or More
No person, company, society, organization, gathering or group of more than twenty-five persons shall hold or conduct any picnic, celebration, parade, event, gathering, assembly or meeting in any park within the Town without first obtaining a written permit to do so by the Town Manager, and no person shall attend, take part in or be a participant in any such picnic, celebration, parade, exercise, gathering, assembly or meeting in a park unless the permission has first been obtained.
11.68.070 Smoking in Park Facilities
No person, company or organization shall be permitted to smoke in any recreation facility.
11.68.080 Amplified Sound in Town Parks
(a) The intent of this section is to reasonably regulate the use of parks within the Town in such a manner that various groups may enjoy such parks without unduly interfering with or creating conflicts with other groups, and to insure that if public address systems, amplified instruments or percussion instruments are used within the parks, that they shall be used in such place and manner that they will not unduly interfere with or be an annoyance to other groups or individual people who may be using the parks at the same time or to the surrounding neighborhood.
(b) Public address systems, acoustical instruments, and/or electrically amplified instruments are prohibited unless the Town Manager finds the amplification meets the criteria stated in paragraph (a) above, and the amplification use is approved in writing by and in the sole discretion of the Town Manager.
11.68.090 Alcoholic Beverages in Town Parks and Facilities
The possession (open and closed containers), consumption, sale, transportation or disbursement of alcoholic beverages is prohibited in Town parks and facilities unless a permit is obtained and approved in writing by the Town Manager, and in that event only in compliance with the conditions and restrictions of that permit.
11.68.094 Designation of park hours in Neighborhood, Community and
Special Use Parks
Unless otherwise approved in writing by the Town Manager:
(a) Neighborhood Parks may be used during the hours from dawn to dusk. Any person who enters, remains, stays or loiters in any Neighborhood Park between the hours of dusk to dawn is guilty of a violation of this Chapter.
(b) Community Parks, which have outdoor permanent lighted facilities, intended for public use during certain nighttime hours maybe used during the hours from dawn to 11:00 p.m. Any person who enters, remains, stays or loiters in any Community park between the hours of 11:00 p.m. to dawn is guilty of a violation of this Chapter.
(c) Special Use Parks which have outdoor permanent lighted facilities intended for public use during certain nighttime hours may be scheduled for use between the hours of dawn and 11:00 p.m. Any person who enters, remains, stays, or loiters in any Special Use Park either (1) between the hours of 11:00 p.m. to dawn, or (2) for a use not permitted in writing by the Town Manager, is guilty of a misdemeanor.
(Entire Chapter 11.68.094 added per Ord. 277, adopted 11-25-03)
All permits are subject to such kinds and coverage of liability insurance and security requirements, and alcoholic beverage control license (if applicable) and such other conditions and requirements imposed for the permitted event as found necessary by the Town Manager to protect the public health, safety and welfare, and in accordance with such rules and regulations as may be adopted to implement the provisions of this Chapter.
The Town Manager shall have the primary responsibility for the enforcement of this Chapter. Each police and law enforcement officer of the Town is given permission to enter the public and restricted parts of all parks and facilities to maintain public order or to prevent, remedy or take other appropriate action in respect to violations of the provisions of this Chapter or of other applicable laws or regulations. (Chapter 11.68 added per Ordinance 253 adopted May 28, 2002).
Every person who willfully within any park commits any of the acts prohibited by this Chapter or violates any other prohibition in this Chapter is guilty of a violation of this Chapter, punishable in accordance with sections 1.01.200 through 1.01.230 of the Town of Apple Valley Municipal Code.
Alternatively a violation of any part of this chapter may be issued an administrative citation as an infraction and the fine for such violation shall be as follows:
1. For a first offense, the fine shall be $25.00
2. For a second offense, the fine shall be $50.00
3. For a third or subsequent offense within any 12-month period, the fine shall be $100, and the offender’s right to use the park facilities shall be suspended for a period of not less than 6 consecutive months.
4. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this Chapter shall be jointly and severally liable with the minor for any fines imposed pursuant to this Chapter.
11.68.130 Administrative Citations
Any violation of any of the provisions of this chapter may be, but is not required to be prosecuted as an administrative citation procedure pursuant to this section.
a. Any enforcement official may issue an administrative citation to any responsible party whom the enforcement official determines has violated any section of this chapter.
b. The enforcement official shall attempt to obtain on the administrative citation the signature of the responsible party. If a responsible party of person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings.
c. The administrative citation shall contain at a minimum the following:
1. The date and location of the violation and the approximate time the violation occurred.
2. The code section violated and a description of how the section was violated.
3. The amount of the fine imposed for the violation and the time within which and the place at which the fine shall be paid.
4. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation.
5. The name of the citing enforcement official.
d. Administrative Fine. The administrative fine in the amount set forth in Section 11.68.120, or such other amount as may be set from time to time by resolution of the Town Council, shall be paid to the Town of Apple Valley within twenty-one (21) days from the date of service of the administrative citation.
e. Any responsible party to whom an administrative citation is issued may contest the citation no later than twenty-one (21) days from the date of service of the administrative citation by:
1. Completing a request for hearing form, which may be obtained from the Town Clerk, and returning it to the Town; and
2. Either depositing the administrative fine with the Town or providing notice that a request for an advance deposit hardship waiver has been filed.
f. The person requesting the hearing shall be notified in person at the time of the request or by certified mail, return receipt requested, of the time and place of the hearing at least ten (10) days before the date of the hearing. The Town shall set the date and time for the administrative hearing not less than fifteen (15) days nor more than thirty (30) days after the request for hearing form is filed and the administrative fine is deposited with the Town. The Town shall send notice of the date, time and place of the hearing to the person requesting the hearing by U. S. Mail at least ten (10) days before the date of the hearing. The administrative hearing will be conducted by the Town Manager or his/her designee. If the responsible party fails to attend the scheduled hearing, the hearing will proceed without the responsible party, and he or she will be deemed to have waived his or her right to an administrative hearing.
g. Within ten (10) days after the date on which the administrative hearing concludes, the administrative hearing officer shall issue a written decision to uphold or cancel the administrative citation. The administrative hearing officer shall set forth the reasons for the decision. The decision shall be served upon the responsible party. If the administrative hearing officer upholds the administrative citation, the Town shall retain the fine deposited by the responsible party. If the administrative hearing officer cancels the administrative citation, the fine deposited with the Town shall be promptly refunded. The administrative hearing officer shall have the discretion to uphold the citation and to lower the fine amount. The administrative hearing officer’s written decision is final and he/she shall notify the responsible party of his or her right to appeal as provided herein.
h. As an alternative to a monetary fine the hearing officer may authorize community service if acceptable to the violator. The hearing officer shall make the determination for the appropriate amount of community service hours to be completed. Community service will generally be conducted with the Town’s Park Department.
i. The Town may collect any past due administrative fine by use of any available legal means.
j. Appeal of Decision of Administrative Hearing Officer. Within twenty (20) days after service of the decision of the administrative hearing officer upon the responsible party, he or she may seek review of the decision by filing a notice of appeal with the Superior court. The responsible party shall serve upon the Town Clerk either in person or by first class mail a copy of the notice of appeal. If the responsible party fails to timely file a notice of appeal, the administrative hearing officer’s decision shall be deemed confirmed.
k. Penalties. Failure to pay an administrative fine is a violation of this code. Filing a criminal action does not preclude the Town from using any other legal remedy available to gain compliance with the administrative order.
(Chapter 11.68 added per Ordinance 253 adopted May 28, 2002; amended per Ord. 384 dated 6-24-08).
Chapter 11.70: REGULATIONS FOR USE OF SKATE PARK
This Chapter was Repealed per Ordinance 384 dated 6-24-08
- 11.80.010 Definitions
- 11.80.015 Purpose
- 11.80.020 Exceptions
- 11.80.025 Regulations Not Exclusive
- 11.80.030 Enforcement
- 11.80.035 Right of Entry of Authorized Contractor
- 11.80.040 Administrative Charges Imposed
- 11.80.045 Authority
- 11.80.050 Notice of Intention to Abate and Remove
- 11.80.055 Hearing
- 11.80.060 Procedure for Hearing
- 11.80.065 Appeal from Decision of Hearing Officer
- 11.80.070 Decision by Vehicle Abatement Board of Appeals
- 11.80.071 Release
- 1.80.075 Time for Removal and Disposal: Reconstruction of Removed
- 11.80.080 Notification of Department of Motor Vehicles
- 11.80.085 Collection of Costs Charged to Land Owner
- 11.80.090 Refusal to Remove Abandoned Vehicle on Order
As used in this chapter:
(a) “Abandoned vehicle” shall be a vehicle which is located on public or private property without the express or implied consent of the property owner or person in lawful possession or control of the property.
(b)”Dismantled” shall mean that integral and necessary component parts required to operate the vehicle on a highway, roadway or public street have been removed from the vehicle.
(c)”Fee” shall be any amount of money charged, fined, or paid to the Town of Apple Valley relating to the administrative and/or enforcement costs incurred for the purpose of enforcing this chapter.
(d) “Inoperative” shall mean the vehicle is absent a motor, transmission, wheels or any other part or equipment necessary to operate safely on a highway, roadway public street or move the vehicle under it’s own power upon request.
(e) “Junked” shall mean a vehicle which has been destroyed or damaged to such an extent that it is non-repairable.
(f) “Lien sale” shall mean a sale of a vehicle to obtain legal ownership of a vehicle under title or requiring registration, under California Vehicle Code.
(g) “Owner” shall be any person or entity having legal or rightful title in any personal property or real property subject to the provisions of this chapter.
(h) “Owner of the vehicle” shall be the last registered owner and legal owner of record.
(i) “Person” includes a natural person, firm, co-partnership, association, trust or corporation.
(j) “Private property” shall be property owned by a person other than a public entity.
(k) “Public property” shall be property owned by a public entity.
(l) “Licensed dismantler’s yard” shall be a licensed premises used for dismantling or wrecking of vehicles, where there is buying, selling or dealing in such vehicles, their integral parts, or component materials thereof, and the sale of dismantled, partially dismantled, wrecked or inoperative vehicles.
(m) “Roadway” shall mean that portion of a highway, which is improved, designed for or ordinarily used, for vehicular travel, including shoulders.
(n) “Unattended vehicle” shall be a vehicle for which the licensed driver responsible for the same is not within an audible distance and immediately available for moving said vehicle.
(o) “Vehicle” shall be any device by which persons or property may be propelled, moved, or drawn upon a highway, and shall include all types of motor vehicles, but shall exclude devices moved exclusively by human power or used exclusively upon stationary rails or tracks.
(p) “Wrecked” shall mean a vehicle which has been damaged to such an extent that it is only semi-repairable and/or uneconomical to repair, excepting minor sheet metal damage.
In addition to and in accordance with the determi-nations made and the authority granted by the State of California under Section 22660, as amended, of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Town Council hereby makes the following findings and declarations; the accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property not including highways is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating hazard to health and safety to minors, to create harborage for rodents and insects to be injurious to the health, safety and general welfare. (Amended per Ordinance 337 adopted March 13, 2007).
It is unlawful for the owner or person in custody or control of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, to allow it to remain on private or public property not including highways, except as expressly hereinafter permitted, and its presence thereon is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of the chapter.
This chapter shall not apply to:
- A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
- A single vehicle being repaired, reconstructed and/or rehabilitated that is screened by a six foot solid fence or equivalent landscaping from public view of adjacent streets and surrounding properties and located in the rear yard for a period not to exceed one year;
- A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with a business of a licensed dismantler, licensed vehicle dealer, a junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
(Amended per Ordinance 337 adopted March 13, 2007).
11.80.025 Regulations Not Exclusive
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the Town. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the State, Town or any other legal entity or agency having jurisdiction.
The provisions of this chapter shall be administered and enforced by the Town Manager or designee. In the enforcement of this chapter, such officer may enter upon private or public property to examine a vehicle, or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
11.80.035 Right of Entry of Authorized Contractor
When the Town has contracted with any person, such person shall be authorized to enter upon private or public property to remove or cause the removal of a vehicle or parts thereof declared to be a public nuisance pursuant to this chapter.
11.80.040 Administrative Charges Imposed
(a) In addition to towing and storage charges imposed pursuant to this Chapter and State Law, there shall be imposed on the registered or legal property owner or owner of any vehicle properly impounded and stored an administrative charge in the amount set by resolution for administrative costs relating to the removal, impound, storage and release of said vehicles to be collected by the Town at the time of release.
(b) Said charges may be waived by the Town upon verifiable proof that the vehicle was reported stolen at the time the vehicle was removed, the vehicle has been involved in a traffic collision, or the vehicle was towed from outside the Town limits.
(c) Administrative charges shall only be imposed on vehicles towed under an abatement program and sold at a lien sale pursuant to Civil Code Section 22851 if the proceeds of the sale are sufficient to pay the lienholder's total charges and administrative costs.
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the Town, the Town Manager or designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.
11.80.050 Notice of Intention to Abate and Remove
A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be served on the owner of the land and the owner of the vehicle (when owner of the land and vehicle are the same only one notice is required to be mailed), unless the vehicle is in such condition that identification numbers are not available to determine ownership. This notice may be served in person, by first class mail, or by certified mail to the last known address of the owner(s) of record. Service shall be deemed complete at the time the notice of hearing is personally served or deposited with the U.S. Postal Service. Failure of any person to receive a notice of hearing shall not affect the validity of any proceedings hereunder. The notices of intention shall be in substantially the following form:
NOTICE TO PROPERTY OWNER OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE
OR PARTS THEREOF AS A PUBLIC NUISANCE
[Name and address of owner of the land.]
As owner shown on the last equalized assessment roll of the land located at [address], you are hereby notified that the undersigned pursuant to Section 11.80.050 of the Town of Apple Valley Municipal Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to: ___________________________, license number:______________, which constitutes a public nuisance pursuant to the provision of Title 11, Chapter 11.80 of the Apple Valley Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the Town and the costs thereof, together with administrative costs, assessed on your land on which said vehicle (or said parts of a vehicle) is located. An unpaid delinquent assessment may result in the sale of your land by the Tax Collector three years after the imposition of the assessment.
As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within (10) days after the mailing of this notice of intention, request a hearing and, if such a request is not received by the enforcement agency within the ten (10) day period, the Town Manager or designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a hearing. In this event, the Town may cause abatement thereof. You may submit a sworn written statement within the ten (10) day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.
Notice Mailed ___________________ __________________________
(Date) (Enforcement Agency)
NOTICE TO VEHICLE OWNER OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR
PARTS THEREOF AS A PUBLIC NUISANCE
[Name and address of last registered and/or legal owner of record of
vehicle—notice should be given to both if different]
As last registered (and/or legal) owner of record of [description of vehicle, make, model, license, etc.], you are hereby notified that the undersigned pursuant to Section 11.80.050 of the Town of Apple Valley Municipal Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at [describe location on public or private property] and constitutes a public nuisance pursuant to the provisions of Title 11, Chapter 11.80 of the Apple Valley Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of mailing this notice.
As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing and/or posting of this notice of intention, request a hearing and, if such a request is not received by the enforcement agency within the ten (10) day period, the Town Manager or designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. In this event, the Town may cause abatement thereof.
(Chapter 11.80.050 amended per Ordinance 302, adopted 10-25-05)
Upon request by the owner of the vehicle or the owner of the land, received by the enforcement agency within ten (10) days after the mailing of the notices of intention to abate and remove, a hearing shall be held by the Town Manager, or duly authorized designee, who shall act as the “Hearing Officer,” on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost or removal of the vehicle or parts thereof against the property on which it is located.
If the owner of the land submits a sworn statement denying responsibility for the presence of the vehicle on his land within the ten-day period, such statement shall be construed as a request for a hearing which does not require the property owner’s presence. Notice of the hearing shall be mailed, by registered mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within the ten days after the mailing of the notice to abate and remove, the Town shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a hearing,
11.80.060 Procedure for Hearing
All hearings under this chapter shall be held before the Hearing Officer, who shall hear all facts and testimony deemed pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on such private property or public property. The Hearing Officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing, or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with reasons for such denial.
The Hearing Officer may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this chapter. The Hearing Officer may delay the time for removal of the vehicle or parts thereof if, in the Hearing Officer’s opinion, the circumstances justify it. At the conclusion of the hearing, the Hearing Officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinabove provided, and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available, at the site.
If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that the owner of the land has not subsequently acquiesced in its presence, the Hearing Officer shall not assess administrative costs or costs for removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.
If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if any other interested party makes a written presentation to the Hearing Officer but does not appear, notice of the decision will be mailed to such owner or interested party.
11.80.065 Appeal from Decision of Hearing Officer
Any interested party may appeal the decision of the Hearing Officer by filing a written notice of appeal with the Hearing Officer within seven calendar days of the date of service of the Hearing Officer’s decision. The appeal shall contain:
- A specific identification of the subject vehicle(s);
- The names and addresses of the appellants;
- A statement of appellant’s legal interest in the subject vehicle(s);
- A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;
- The date and signature of all appellants; and
- The verification of at least one appellant as to the truth of the matters stated in the appeal.
As soon as practicable after receiving the appeal, the enforcement agency shall set a date for the Vehicle Abatement Board of Appeals to hear the appeal which date shall not be less than seven calendar days nor more than thirty calendar days from the date the appeal was filed. The Vehicle Abatement Board of Appeals shall consist of two members of the Town Council appointed by the Town Council. The enforcement agency shall give each appellant written notice of the time and place of the hearing at least five calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the Vehicle Abatement Board of Appeals on request of the owner for good cause shown, or on the Vehicle Abatement Board of Appeals’ own motion.
11.80.070 Decision by Vehicle Abatement Board of Appeals
Upon the conclusion of the hearing, the Vehicle Abatement Board of Appeals shall determine whether the vehicle or any part thereof, as maintained constitutes a public nuisance. If the Board so finds, the Board shall set forth its decision and order the abatement of the same by having such vehicle removed and disposed of as hereinabove provided and determine the administrative costs and costs of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available, at the site. The decision and order may set forth the time within which such work can be completed by the owner of the land and/or owner of the vehicle. The decision and order of the Board shall be final.
The hearing procedures shall not be applicable if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.
11.80.075 Time for Removal and Disposal: Reconstruction of Removed
Five (5) days after the decision and order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing the notice of the decision of the Hearing Officer or fifteen (15) days after such action of the Vehicle Abatement Board of Appeals authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.
11.80.080 Notification of Department of Motor Vehicles
Within five (5) days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including, but not limited to, the registration card, certificates of ownership or license plates.
11.80.085 Collection of Costs Charged to LandOwner
If the administrative costs and cost of removal which are charged against the owner of a parcel of land pursuant to Sections 11.80.050 –11.80.070, inclusive, are not paid within thirty (30) days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land and levied and collected pursuant to section 38773.5 of the State Government Code, and the applicable provisions of Chapter 6.30 of the Town of Apple Valley Municipal Code, and shall be transmitted to the Tax Collector for collection.
11.80.090 Refusal to Remove Abandoned Vehicle on Order
It shall be unlawful and a violation of this section for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provision of this title or state law where such state law is applicable. Each property owner or vehicle owner shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person shall be punishable accordingly.
(Entire Chapter 11.80 amended per Ord.198 adopted 8-11-98)
Chapter 11.81: UNLAWFUL DUMPING – SEIZURE AND IMPOUND OF NUISANCE
- 11.81.010 Statement of Purpose and Intent
- 11.81.015 Definitions
- 11.81.018 Dumping Waste Unlawful
- 11.81.020 Nuisance Vehicles
- 11.81.030 Declaration of a Nuisance
- 11.81.040 Authority to Seize and Impound – Costs a Lien on Vehicle
- 11.81.050 Exceptions
- 11.81.060 Regulations Not Exclusive
- 11.81.070 Notification
- 11.81.080 Administrative Poststorage Hearing
- 11.81.090 Administrative Charges Imposed and Lien Sale
- 11.81.100 Nuisance Violation
11.81.010 Statement of Purpose and Intent
The Town Council has determined that persons who operate vehicles and use them to illegally dump waste bring decay and blight to local neighborhoods where they dump such matter. The Council has further determined that seizing and impounding the vehicles of persons who come into the neighborhoods of Apple Valley to illegally dump waste or knowingly allow their vehicle(s) to be used for this activity will be deterred from creating finds there is a need to provide for the abatement of such nuisance vehicles.
- As used in this chapter, “commercial quantities” means waste material generated in the course of a trade, business, profession, or occupation, or an amount of waste equal to or in excess of one cubic yard.
- As used in this chapter, “litter” or “littering” means the willful or negligent throwing, dropping, placing, depositing, discarding or setting of small quantities (as opposed to commercial quantities) of waste material on private or public property.
- As used in this chapter, “dumping” is defined as the willful of negligent throwing, dropping, placing, depositing of any waste matter in excess of what is generally carried upon a person. Dumping of waste including amounts that can be carried in the bed of a truck or the trunk of an automobile, and can include, but not by way of limitation, waste items such as appliances or construction material, and can also include large bags, sac or other containers containing waste material.
- As used in this chapter, “waste” means matter discarded, used, or leftover substances including, but not limited to, any garbage, trash, refuse, paper, container, packaging, or construction material, carcass of a dead animal, or offensive material of any kind, or any object likely to injure any person or create a traffic hazard.
- As used in this chapter, “local enforcement entities” means any city, county, or city and county in this state.
- As used in this chapter, “vehicle” means a vehicle as defined by Section 670 of the California Vehicle Code.
11.81.018 Dumping Waste Unlawful
It is unlawful for any person, firm or corporation to dump or cause the dumping of commercial quantities of waste on or upon any public property, except public property specifically designated to receive such waste, or on or upon any private property. As used hereafter in this chapter, “dumping of commercial quantities of waste” shall be defined to include “dumping waste” or “dump waste.”
11.81.020 Nuisance Vehicles
Any vehicle used to illegally dump waste in violation of Section 11.81.018 is declared a nuisance and the vehicle shall be seized and impounded for 30 days as provided in this chapter.
11.81.030 Declaration of a Nuisance
Upon proof that a vehicle was used in violation of any provision of this chapter or in violation of the prohibitions set forth in Section 11.81.018 of this chapter, the Town Manager or designee shall declare the vehicle a nuisance.
11.81.040 Authority to Seize and Impound – Costs a Lien on Vehicle
Upon discovery of the existence of a vehicle used to illegally dump waste in violation of Section 11.81.018 within the Town, the Town Manager, or designee, shall have the authority to cause the immediate seizure, towing and impounding of the vehicle for 30 days in accordance with the procedure described in this chapter. Any costs of seizure, impounding and any other related costs shall be obligations of the registered and legal owner of the vehicle and shall constitute a lien on the vehicle. This chapter does not authorize the seizing, towing and impounding of vehicles in the event of littering.
Any vehicle seized and impounded under this chapter shall be released to the registered owner or his or her agent prior to the end of the 30 days’ impound period under any of the following circumstances:
- When the vehicle is a stolen vehicle.
- When the vehicle was seized under this chapter and the hearing officer determines the vehicle was seized for an offense not authorized by this chapter.
11.81.060 Regulations Not Exclusive
Vehicles subject to seizure and impounding under this chapter may be seized and impounded for a period of 30 days’ by any peace officer. This chapter is not the exclusive regulation of vehicles used to illegally dump waste. It shall supplement and be in addition to regulations of other regulatory codes, statues and ordinances enacted by the state, or and city, town, county or any local enforcement entities having jurisdiction.
- Duplicate receipts for vehicles seized and impounded pursuant to this chapter shall be delivered to any person out of whose possession such vehicle was seized, in accordance with Section 1412 of the Penal code.
- A notice of seizure and impounding of the vehicle which shall state that (i) all changes of impounding and storage are obligations of the registered and legal owners of the vehicle and (ii) shall constitute a lien on the vehicle and (iii) provide an opportunity to the registered and legal owners of the vehicle to request a poststorage hearing shall be given to the registered and legal owner of the vehicle, as provided in this chapter and Vehicle Code Section 22852.
- The Apple Valley Police Department, within two working days of impoundment, shall send the notice described in the preceding paragraph by certified mail, return receipt requested, to the registered and legal owner of the seized and impounded vehicle, at the address obtained from the Department of Motor Vehicles.
- The registered and legal owner of a vehicle that has been seized and impounded under this chapter shall be provided with the opportunity for a postsorage hearing to determine the validity and to consider any mitigating circumstances attendant to the seizure and impound.
11.81.080 Administrative Poststorage Hearing
If the registered and/or legal owner of a vehicle that has been seized and impounded under this chapter requests a Poststorage Hearing, the Town Manager shall appoint a hearing officer who shall conduct such Postseizure Hearing. The hearing shall be held as soon as practicable after the request for hearing is made. The hearing officer will ascertain whether the alleged violation constitutes a public nuisance as set forth in this chapter, whether cause existed for the seizure, impounding and storage and other factors as are relevant to the postseizure hearing. The hearing officer conducting the Poststorage Hearing shall consider all relevant evidence, objections or protests relative to the seizure and impounding of the vehicle.
11.81.090 Administrative Charges Imposed and Lien Sale
In addition to imposed towing and storage charges, there shall be imposed on the registered and legal owner of any vehicle impounded and stored under this chapter an administrative charge in the amount set by resolution adopted by the Town Council to establish the administrative costs relating to the seizure, removal, impound, storage and release of vehicle used in violation of this chapter. All administrative charges imposed by the Town shall be paid to the Town prior to the time the Town authorizes the release of the vehicle by the impounding entity or authority.
In the event said administrative charges are not paid as provided in this chapter, the Town may exercise its lien rights and cause the vehicle to be sold to recover its costs and expenses in accordance with the procedures set out in the California Vehicle Code applicable thereto. In the event the towing, impound and storage charges are not paid to the impounding entity or authority said entity or authority may exercise such lien rights as are authorized by the California Vehicle and Civil Codes. In the event the vehicle is sold at a lien sale and the proceeds are insufficient to pay the administrative charge of the Town and the towing and storage charges of the impounding entity or authority, the Town charges shall first be paid and then any remaining balance shall be paid to the impounding entity or authority.
Said administrative charges may be waived by the Town upon verifiable proof that the vehicle was reported stolen at the time the vehicle was seized and towed for impound under this chapter, was stolen at the time the vehicle was towed, or the vehicle was towed from outside the Town of Apple Valley.
Administrative charges shall only be imposed on a vehicle used to illegally dump waste in violation of Section 11.81.018.
11.81.100 Nuisance Violation
Any person or his or her servant, agent, or employee who owns, leases, possesses, or maintains any vehicle used for unlawful dumping of waste in violation of section 11.81.018 is guilty of a violation of this chapter.
(Entire Chapter 11.81 added per Ord. 278, Adopted 01-27-04)
Chapter 11.82: GRAFFITI ABATEMENT
- 11.82.010 Purpose and Intent
- 11.82.020 Definitions
- 11.82.030 Graffiti Prohibited
- 11.82.040 Possession of Graffiti Implements by Minors Prohibited
- 11.82.050 Possession of Graffiti Implements Prohibited in Designated
- 11.82.060 Accessibility to Graffiti
- 11.82.070 Graffiti Removal Provisions
- 11.82.080 Rewards
- 11.82.090 Penalties and Civil Liability of Parents
11.82.010 Purpose and Intent
The Town Council of the Town of Apple Valley finds graffiti on public or private property a blighting element which leads to depreciation of the value of property which has been targeted by such vandalism and depreciates the value of the adjacent and surrounding properties to the extent that graffiti creates a negative impact upon the entire Town.
The Town Council finds and determines that graffiti is obnoxious and a public nuisance, and must be eliminated by means of prevention, education and abatement to avoid the detrimental impact of such graffiti on the Town and its residents, and to prevent the further spread of graffiti.
The purpose and intent of the Town Council, through the adoption of this Chapter, is to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement. It is the further intent of the Town Council, through the adoption of this Ordinance, to provide notice to all of those who disregard the property rights of others, that the law enforcement agencies of the Town, the Police Department, Code Compliance Section and the Town Attorney, will strictly enforce the law and vigorously prosecute those persons engaging in violations of this Ordinance.
(a) "Aerosol Paint Container" means any aerosol container which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.
(b) "Felt-Tip Marker" means any tipped style marker or similar implement with a tip which, at its broadest width, is one-eighth (1/8) inch, or greater.
(c) "Graffiti" means any unauthorized inscribing, word, figure, or design which is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent the same was not authorized in advance by the owner thereof, or despite advance authorization, is otherwise deemed by the Town Council to be a public nuisance.
(d) "Graffiti Implement" means an aerosol paint container, a felt tip marker, or any other device containing any solution or substance capable of being used to leave a visible mark at least one-eighth (1/8) of an inch in width upon any surface.
11.82.030 Graffiti Prohibited
(a) No person shall place graffiti or other writing upon any public or privately owned tree or structures including, but not limited to, buildings, walls, fences, poles and signs, ("structures" hereinafter in this Chapter) located within the Town. It shall also be unlawful for any person to apply or affix any adhesive backed label, sticker, "bumper sticker" or similar item, to any tree or structure not owned or lawfully possessed by such person.
(b) No person owning or otherwise in control of any real property within the Town shall permit or allow any graffiti to be placed upon or remain on any structure located on such property.
11.82.040 Possession of Graffiti Implements by Minors Prohibited
Possession of any graffiti implement by any person under the age of eighteen years with the intent to deface property while upon public or private property shall be unlawful unless that minor has received the consent of the owner of such private property whose consent to such possession and presence is given in writing in advance or unless that minor is accompanied by and under the supervision of a parent or legal guardian. This provision shall not apply to the possession of felt tip markers by minors attending, or traveling to or from a school at which the minor is enrolled, if the minor is participating in a class at said school which formally requires possession of such felt tip markers. The burden of proof in any prosecution for violation of this Section shall be upon the minor student to establish the need to possess a felt tip marker.
11.82.050 Possession of Graffiti Implements Prohibited in Designated
Possession of any graffiti implement by any person under the age of eighteen years with the intent to deface property while in any public park, playground, swimming pool, recreational facility, or while in or within ten (10) feet or an underpass, bridge abutment, storm drain, or other similar type of infrastructure not normally used by the public shall be unlawful except as may be authorized by the Town or unless that minor is accompanied by and under the supervision and control of a parent or legal guardian.
11.82.060 Accessibility to Graffiti Implements Prohibited
(a) Furnishing of graffiti implements to minors prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any minor without the consent of the parent or lawful guardian which consent shall be given in advance in writing.
(b) Display Requirements. No person or business engaged in a commercial enterprise shall display for sale, trade or exchange, any graffiti implement except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying graffiti implements for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry. Nothing herein shall relieve such person or business entity from, at all times, complying with the requirements of California Penal Code Section 594.1(c) by posting signs as described therein.
(c) Storage Requirements. No person or business engaged in the business of selling, providing or trading graffiti implements shall store any graffiti implement except in either (1) a completely enclosed room which shall, at all times except during access or actual occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or (2) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For purposes of this Section, an owner or authorized representative of the owner, shall be deemed to actually occupy a room even during brief periods of absence if the room is contained within a larger structure which is occupied by the owner.
(d) Civil Responsibility For Damages for Wrongful Display or Storage. Any person who displays or stores or permits the display or storage of any graffiti implement in violation of the provisions of this Section shall be personally liable for any and all costs, including attorney's fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person or such wrongfully displayed or stored graffiti implement in violation of the provisions of any of the California Penal Code Sections or in violation of this Chapter.
11.82.070 Graffiti Removal Provisions
(a) Right of Town to Require Removal. It is unlawful for any person who is the owner or who has primary responsibility for control, of property or who has primary responsibility for the repair or maintenance of property ("Responsible Party") hereinafter in this Section), to permit said property to be defaced with graffiti for a period of seen (7) days after service by the Town by first class mail of notice of same, unless (1) said person shall demonstrate by a preponderance of evidence that he or she does not have the financial ability to remove the defacing graffiti; or (2) it can be demonstrated that the Responsible Party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of seven (7) days after service by first class mail of notice of same.
(b) Declaration of Nuisance:
- Graffiti as a Nuisance. The Town Council hereby declares and finds graffiti to be a nuisance subject to abatement according to the provisions and procedures herein contained and as authorized by California Government Code Sections 38773, et seq.
- Graffiti Attracting Surface as a Nuisance. The existence of any surface of a structure on any privately owned parcel of land which has been defaced with graffiti after removal more than five (5) times in twelve (12) months is hereby deemed to be a nuisance, and may be abated by the Town by order of the Town Council requiring modifications thereto, or to the immediate area surrounding same. Such modifications may include, but are not limited to: Retrofitting of such surfaces at the expense of the property owner(s) of said lot, with such features or qualities as may be established by the Town as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient, expedient or efficient removal of graffiti therefrom.
(c) Right of Town to Remove:
- Use of Public Funds: Whenever the Town becomes aware, or is notified and determines that graffiti is so located on public or privately owned property viewable from a public or quasi-public place within the Town, the Town shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the Town Manager, or designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community, or unless the Responsible Party agrees to pay for the costs of repainting or repairing the more extensive area.
- Right of Entry on Private Property:
(a) Securing Owner Consent. Prior to entering upon private property or property owned by a public entity other than the Town, for the purposes of removal of graffiti, the Town shall attempt to secure the consent of the Responsible Party, and a release of the Town from liability for private or public property damage.
(b) Failure to Obtain Owner Consent. If a Responsible Party fails to remove the offending graffiti within the time herein specified, or if the Town shall have requested consent to remove or paint over the offending graffiti and the Responsible Party shall have refused consent for entry on terms acceptable to the Town consistent with the terms of this Section, the Town may commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the nuisance abatement authority granted by California Government Code Sections 38773, et seq., which authority includes the recovery of all costs incurred by the Town in abating graffiti and recordation of lien as to affected property.
(d) Ease of Removal Provisions
- Common Utility Colors and Paint-Type: Any gas, telephone, water, sewer, cable, electrical and other utility operating in the Town, shall paint their freestanding, above-surface metal fixtures which are installed after the effective date of this Chapter, with a uniform paint type and color as directed by the Town Manager.
- Conditions on Encroachment Permits: Encroachment permits issued by the Town may, among other items, be conditioned on one
- permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature which is acceptable to the Town Manager, or his or her designee;
- the immediate removal by the permittee of any graffiti;
- the right of the Town to remove graffiti or to paint the encroaching object or structure;
- the permittee providing the Town with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object of structure containing graffiti.
- Conditions on Discretionary Approvals: In imposing conditions upon conditional use permits, variances, building permits or other similar land use entitlements or development or design applications, the Town may impose graffiti removal requirements or any or all of the following conditions, or other similar or related conditions:
(A) Use of Anti-Graffiti Material: Applicant may be required to apply an anti-graffiti material or provide a landscape design of a type and nature which is acceptable to the Town Manager, or his or her designee, to such of the publicly viewable surfaces to be constructed on the site deemed by the Town Manager, or designee, to be likely to attract graffiti ("Graffiti Attracting Surfaces" hereinafter in this Section);
(B) Right of Access to Remove Graffiti: Applicant shall grant, in writing, the right of entry over and access to such parcels, upon 48 hours posted notice, by authorized Town employees or agents, for the purpose of removing or "painting over" graffiti on Graffiti Attracting Surfaces previously designated by the Town Manager, or designee. Such grant shall be made an express condition of approval and shall be deemed to run with the land;
(C) Supply Town with Graffiti-Removal Material: Applicant, and any and all successors in interest, shall, for a specified period of years after approval, provide the Town with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated Graffiti Attracting Surfaces;
(D) Owner to Immediately Remove Graffiti: Persons applying for subdivision maps shall, as part of any conditions, covenants and restrictions, covenant, which covenant shall run with the land, in a form satisfactory to the Town, that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees and structures thereon to the Town's satisfaction.
(a) Reward Authority
- Pursuant to Section 53069.5 of the California Government Code, the Town does hereby offer a reward in the amount as may be set by resolution of the Town Council, for the apprehension of, or information leading to the identity of, and the apprehension of or conviction of any person for violation, within the Town, of California Penal Code Sections 594 or 594.3 through the use of graffiti, of Penal Code Sections 640, 640.5, 640.6 or Sections 11.82.030, 11.82.040, or 11.82.050 of this Chapter. In the event of multiple contributions of information, a reward amount shall be divided by the Town in the manner it shall deem appropriate. For the purposes of this Subsection, diversion of the violator to a community service program, or plea bargain to a lesser offense, shall constitute a conviction. (Ord.144, adopted 09-27-94)
- Claims for rewards under this Section shall be filed with the Town. Each claim shall:
(A) Specifically identify the date, location and kind of property damaged or destroyed;
(B) Identify by name the person who was convicted;
(C) Identify the court and the date upon which the conviction occurred.
- No claim for a reward shall be allowed by the Town Council unless the Town investigates and verifies the accuracy of the claim and determines the requirements of this Section have been satisfied.
- The person committing the graffiti-vandalism, and if an unemancipated minor, then the parent or lawful guardian of said minor, shall be civilly liable for any reward paid pursuant to this Section pursuant to the provisions of California Government Code Section 53069.5.
(b) Reimbursement of Cellular Phone Costs
- The Town shall reimburse to any person; reporting by means of a cellular phone an act of graffiti vandalism presently occurring within the Town, the amount of the actual phone charges, exclusive of taxes, incurred by said person.
11.82.090 Penalties and Civil Liability of Parents
(a) Criminal Penalties. Any person who violates any provision or who fails to comply with any of the requirements of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code, and by the performance of community service in the form of graffiti clean-up to the maximum extent permitted by California Penal Code Section 594 and/or any other such provision of law.
(Amended Ord. 156, adopted 11-14-95)
(b) Additional Penalties Available. Whenever appropriate, the Town intends to petition a sentencing court to impose the following additional penalties upon conviction:
- Litter or graffiti clean up pursuant to California Vehicle Code Section 42001.7, upon conviction of violation of California Vehicle Code Sections 23111, 23112, or 23113(a).
- Suspension or delay of issuance of a driver's license pursuant to California Vehicle Code Section 13202.6 upon a graffiti-vandalism conviction.
- Performance of community service, including graffiti removal service by any minor determined to be a ward of the court as a result of committing a vandalism-related offense in the Town of Apple Valley, as provided in California Welfare and Institutions Code Section 742.16.
- Performance of community service, including graffiti removal service of up to 100 hours by any minor determined to be a ward of the court as a result of committing a drug related offense in the Town of Apple Valley, as provided in California Welfare and Institutions Code Section 729.8.
(c) It is the Town's further intent that, pursuant to California Penal Code Section 640.6(a), all acts of graffiti-vandalism occurring within the Town shall be prosecuted as misdemeanors pursuant to California Penal Code Section 594, et seq., or this Ordinance.
(d) Pursuant to California Civil Code Section 1714.1(b), any parent or legal guardian whose minor child possesses a graffiti implement shall be personally liable for any and all costs to any person or business incurred in connection with the removal of graffiti caused by said minor child, or by said graffiti implement, and for all law enforcement costs, Town staff costs, attorneys' fees and court costs incurred in connection with the civil prosecution of any claims for damages or reimbursement up to the sum of $25,000
(e) Pursuant to California Government Code Section 38773.6, the Town may abate any nuisance resulting from the defacement by a minor of property by another by graffiti or other inscribed materials in accordance with sections 11.82.070(a), (b), (c) and (d). All costs of abatement and administrative costs including law enforcement costs, Town staff costs, and attorney fees shall be a special assessment against any parcel of land owned by any minor or by the parent or guardian having custody and control of the minor. The costs of assessment after confirmation by resolution of Town Council, and after recording shall constitute a lien on said property in the amount of said assessment and shall be collected at the same time and in the same manner as regular bills of taxes levied against said property is collected and be subject to the same penalties and procedure and sale in case of delinquency. All laws applicable to the levy, collection and enforcement of real property taxes shall be applicable to the special assessment.
(Entire Chapter 11.82 repealed and reenacted Ord. 131, adopted 01-11-94)
(Section added Ord.151, adopted 06-27-95; Entire Chapter amended per Ordinance 224 dated 6-13-00).
Chapter 11.90: DISPOSITION OF PERSONAL PROPERTY
- 11.90.010 Unclaimed Property
- 11.90.020 Return of Unclaimed Property
- 11.90.030 Disposition of Unclaimed Property
- 11.90.040 Notice of Sale
- 11.90.050 Public Use of Unclaimed Property
11.90.010 Unclaimed Property
Whenever unclaimed property found, recovered, impounded or otherwise held by the Police Department or the Code Enforcement Department shall accumulate to the point where said department desires to dispose of the same, it may be sold after complying with the provisions of Section 2080.4 of the Civil Code of the state as the same now exists or may hereafter be amended, and provisions of this section shall not prevail insofar as they may be inconsistent with state statutes.
11.90.020 Return of Unclaimed Property
If the owner of any unclaimed property can be found or ascertained, such property shall be restored to such owner on demand upon the payment of any and all costs incurred by the Department in caring for the personal property, and after any specified impoundment period and related hearings have been completed.
11.90.030 Disposition of Unclaimed Property
If after three months any unclaimed property remains unclaimed or unredeemed by the owner by paying the cost for the care thereof, thereafter the unclaimed property shall either be sold at public auction under the supervision of the Chief of Police or shall be transferred to the Town’s Finance Department for sale to the public at public auction.
11.90.040 Notice of Sale
Prior to the auction of any unclaimed property the Chief of Police or Town Manager shall give notice of such sale at least five days prior to the date of the sale by the publication of such notice once in a newspaper of general circulation published in the County. Such notice shall give the time of the sale, the place of the sale, and any storage charges against the property.
11.90.050 Public Use of Unclaimed Property
If the Town’s Finance Department determines that any unclaimed property transferred to it for sale is needed for a public use, such property may be retained by the Finance Department and need not be sold.
“Public Use” as used in this section means that unclaimed personal property transferred to the Town and determined to be surplus may be used by Town employees or volunteers in that capacity as part of their assigned duties, or such property may with the approval of the Town Manager be donated and ownership thereof transferred to another public agency, community non-profit organization or any individual(s) determined to have a need for use of the property which serves a public purpose.
(Entire Chapter added per Ordinance 302, adopted 10-25-05)
Chapter 11.100: DISTRIBUTION OF NOTICES AND HANDBILLS
- 11.100.010 Definition
- 11.100.020 Throwing or Distributing Handbills in Public Places
- 11.100.030 Placing Handbills on Vehicles
- 11.100.040 Distribution of Handbills Where Prohibition Posted
- 11.100.050 Dropping Litter From Aircraft
- 11.100.060 Posting Notices Prohibited
For the purpose of this Chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
(a) "Aircraft" is any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" includes helicopters and lighter than air dirigibles and balloons.
(b) "Handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature.
(c) "Newspaper" is any newspaper of general circulation as defined by the law of the state, and any other publication whether or not designated a newspaper and which is regularly issued and printed and containing in each issue local and other news of a general nature and having advertising space in each issue thereof open to purchase by the general public for the publication of general advertising matter therein, or any other periodical or current magazine regularly published and sold to the public with not less than four issues per year.
(d) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind.
(e) "Private premises" is any dwelling, house, building or other structure designed or used whether wholly or in part for private residential purposes, whether inhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure, and any business or professional establishment.
(f) "Public place" is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
(g) "Town" is the Town of Apple Valley.
(h) "Vehicle" is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
11.100.020 Throwing or Distributing Handbills in Public Places
No person shall throw, cast, distribute or deposit any handbill in or upon any public place. Any person may hand out or distribute any handbill without charge to any person willing to accept it.
11.100.030 Placing Handbills on Vehicles
No person shall throw, cast, distribute or deposit any handbill in or upon any vehicle provided, however, it shall not be unlawful in any public place for a person to hand out or distribute a handbill without charge to any occupant of a vehicle willing to accept it.
11.100.040 Distribution of Handbills Where Prohibition Posted
No person shall throw, cast, deposit or distribute any handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words "No Trespassing", "No Peddlers or Agents", "No Advertisement", or any similar notice, indicating in any manner that the occupants of the premises do not desire to have any such handbills left upon the premises. The provisions of this section shall not apply to the distribution of mail by the Unites States, or to newspapers, as defined herein in Section 11.100.010(c).
11.100.050 Dropping Litter From Aircraft
No person in an aircraft shall throw out, drop or deposit within the Town while aloft any litter, including, without limitation, any handbill or other object.
11.100.060 Posting Notices Prohibited
No person shall post or affix any notice, poster or other paper or device, to any lamppost, public utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law. (Entire Chapter 11.100 added per Ord.111, 10-13-92.)