Title 10 PEACE, SAFETY AND MORALS

Editor's Notes

For the City charter provision giving the City all powers necessary and appropriate to a municipal corporation and the general welfare of its inhabitants which are not prohibited by the constitution see Section 1.03.

Chapter 10.04 PUBLIC PEACE AND ORDER

10.04.010 DISTURBING THE PEACE.

No person shall make in any place or suffer to be made upon his or her premises, or premises within his or her control, any noise, disorder, or tumult, to the disturbance of the public peace within the City.

10.04.020 OBSCENE LANGUAGE.

No person shall utter within the hearing of two (2) or more persons any loud, obscene or profane language, words or epithets, or address another, or utter in the presence of another, any words, language or expression, having a tendency to create a breach of the peace.

10.04.030 DISORDERLY CONDUCT.

Every person is guilty of disorderly conduct:

(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;

(b) Who solicits or who engages in any act of prostitution. As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration;

(c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms;

(d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act;

(e) Who is found in any place under the influence of intoxicating liquor, or any drug, or the influence of toluene or any substance defined as a poison in Schedule D of Section 4160 of the Business and Professions Code, or under the influence of any combination of any intoxicating liquor, drug, toluene or any such poison, in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, or any drug, or the influence of toluene or any substance defined as a poison in Schedule D of Section 4160 of the Business and Professions Code, or under the influence of any combination of any intoxicating liquor, drug, toluene or any such poison, interferes with or obstructs or prevents the free use of any street, sidewalk or other public way;

(f) Who loiters, prowls or wanders upon the private property of another, in the nighttime, without visible or lawful business with the owner or occupant thereof;

(g) Who, while loitering, prowling or wandering upon the private property of another, in the nighttime, peeks in the door or window of any inhabited building or structure located thereon, without visible or lawful business with the owner or occupant thereof;

(h) Who lodges in any building, structure or place, whether public or private, without the permission of the owner or person entitled to the possession or in control thereof.

10.04.040 PUBLIC PROPERTY—DAMAGE.

Irrespective of any other provisions of this code, no person shall willfully or negligently break, injure or damage any real, personal or mixed property belonging to, or owned by, the City.

The provisions of this section are cumulative and shall not prevent the City from instituting, prosecuting or maintaining any civil action for breaking, injuring or otherwise damaging property owned by, or belonging to, the City, nor is this section intended to, or shall it, repeal, or amend any other section of this code, providing that it is unlawful to break, injure, or damage any specific type or class of property owned by the City.

10.04.050 PRIVATE PROPERTY—TRESPASS.

(a) It is unlawful for any person to remain upon any private property or business premises after having been notified by the owner or lessee or other person in charge thereof to remove therefrom.

(b) It is unlawful for any person, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises, to enter upon any such private property or business premises after having been notified by the owner, lessee or other person in charge thereof to keep off or away therefrom.

10.04.060 ABUSE OR MUTILATION OF TREES.

No person shall knowingly or intentionally:

(a) Damage, cut, carve, or injure the bark of any street tree or shrub;

(b) Attach any sign, wire or injurious material to any tree or shrub;

(d) Allow any gaseous, liquid, or solid substance harmful to trees to come into contact with the roots, leaves, barks, or any part of any street tree or shrub.

10.04.070 TEASING, HARMING OR INTERFERING WITH POLICE DOGS.

It is unlawful for any person to torture, tease, torment, beat, kick, strike, mutilate, injure, disable, kill, or otherwise interfere with any dog used by the Police Department of the City of San Mateo in the performance of the functions or duties of such department or any officer or member thereof.

10.04.080 Drinking – Public Areas.

Except as otherwise provided in this code, it shall be unlawful for any person to consume, drink, or possess an open container of any alcoholic or intoxicating beverage in any quantity in the following places:

(a) On any public street, sidewalk, right-of-way, highway, alley, transit station, transit stop, transit platform, or parking facility, or on any public properties owned, operated, and maintained by the City of San Mateo.

(b) On the premises, or within 500 feet, of any business engaged in the retail sale of alcoholic beverages.

(d) On a private street, alley, driveway, stairway, doorway, or other outdoor area of private property open to public view without the express permission of the owner, their agent, or the person in lawful possession thereof.

10.04.090 DRINKING—PRIVATE PARKING LOTS. [Repealed]

Repealed.

10.04.100 URINATION OR DEFECATION IN PUBLIC.

It is unlawful for any person to urinate or defecate on public property or in any public place.

10.04.110 BLOCKING ACCESS TO PUBLIC OR PRIVATE PLACES.

(a) It is unlawful for any person acting alone or for two (2) or more persons acting together or in concert to block or obstruct or otherwise prevent access to, or passage to or from, any public or private building, area or place through physical interference, assault or threats of immediate personal harm, or by such means, to attempt to do so.

(b) Exceptions. This section does not apply to: (1) the owners or lawful tenants of such building, place, or area provided that they are acting within the scope and authority of their ownership or tenancy; and (2) Federal, State, or local representatives of government acting within the scope of their employment.

10.04.120 IMPERSONATING A CITY EMPLOYEE, LAW ENFORCEMENT OR FIRE SERVICE OFFICER, OR PUBLIC UTILITY EMPLOYEE.

It is unlawful for any person without authorization to wear, display, or use any title, identification card, vehicle, uniform, cap, badge, insignia, or other document or item that causes or would tend to cause a reasonable individual to believe that such a person is an employee of the City, a member of any law enforcement agency or fire service, or an employee of a public utility.

10.04.130 BLINDER RACKS.

Any person who displays, sells, or offers to sell any material that is harmful to minors, as defined by Chapter 7.6 of the California Penal Code, in a public place, other than a public place from which minors are excluded, shall place devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view. The definitions of Penal Code Chapter 7.6 are incorporated herein including the definition of "harmful matter" which includes the display of photographs or pictorial representations of acts of sodomy, oral copulation, sexual intercourse, masturbation, bestiality, or representation of an exposed penis in an erect and turgid state.

It is unlawful to fail to comply with this section.

10.04.140 PROHIBITING VEHICLE USE FOR HABITATION AND SLEEP.

It is unlawful:

(a) For any person to use a vehicle as defined in the California Vehicle Code, for lodging in the City of San Mateo. For the purpose of this section, "lodging" means the combination of one or more activities in subdivision (1) with one or more activities in subdivision (2) where it reasonably appears, in light of all the circumstances, that a person is using a vehicle for habitation.

(1) Storing of contents inside a vehicle that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment, bodily fluids, or the storing of personal possessions or belongings that obscure some or all of the vehicle's windows; and

(2) Engaging or engaged in one or more of the following inside a vehicle: preparing or cooking meals or sleeping.

(b) For any person to connect any camp car, motor home, travel trailer or any other vehicle which is equipped for sleeping or cooking or both, to any public utility, such as water, electricity, gas or sewer services, except as may be necessary for the maintenance and preparation of the vehicle. The duration of any such maintenance or preparation connection shall not exceed eight hours in any seven consecutive days.

10.04.150 DRUG-FREE ZONES IN CITY LIBRARIES.

Each of the following public San Mateo City Libraries is designated as a "drug-free zone" pursuant to California Health and Safety Code Section 113830.5:

55 West Third Avenue

205 West Hillsdale Blvd.

1530 Susan Court.

Chapter 10.12 MINORS—CURFEW

10.12.010 DEFINITIONS.

For the purposes of this chapter, the following words and phrases shall be defined as follows:

(a) "Emergency" means any unforeseen circumstance or circumstances that calls for immediate action to prevent serious injury, loss of life or serious property damage. The term includes, but is not limited to, a fire, natural disaster or vehicular accident.

(b) "Guardian" means:

(1) A person who is the guardian of a minor pursuant to a court order; or

(2) A public or private entity with whom a minor has been placed by court order; or

(3) A person who is at least 18 years of age and authorized by a parent or court-ordered guardian to have the care and custody of a minor.

(d) "Parent" means a person who is a natural parent, adoptive parent or stepparent of a minor.

(e) "Public place" means any outdoor area to which the public or a substantial group of the public has access including, but not limited to, streets, highways, sidewalks, alleys, parks, playgrounds or other public grounds and the entry ways or parking lots of businesses to which the public is invited.

(f) "Loiter" means to stand idly about or linger aimlessly in a place without a legitimate purpose. A mere transient presence is insufficient to constitute loitering.

(g) "School" means an elementary school, junior high school, four (4) year high school, senior high school vocational school, continuation high school, regional occupational center or technical high school that is either a public school or a private school operating pursuant to the California Education Code.

10.12.020 LOITERING PROHIBITED.

It is unlawful for any minor to loiter about or in any public place within the City between the hours of 11:00 p.m. and 5:00 a.m. Sunday through Thursday nights, 12:00 a.m. to 5:00 a.m. Friday and Saturday nights, and 8:30 a.m. to 2:00 p.m. on days and times when the school in which the student is registered is in session.

10.12.030 PERMITTING VIOLATION UNLAWFUL.

It is unlawful for a parent, guardian, or other person having the care, custody or control of any minor to permit such minor to violate any provision of this chapter.

10.12.040 AIDING—ABETTING.

It is unlawful for any person to assist, aid, abet or encourage any minor to violate any provision of this chapter.

10.12.050 VIOLATION.

No person shall violate the provisions of this chapter.

10.12.060 EXEMPTIONS.

A minor shall not be in violation of this chapter if the minor is:

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

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

(d) Engaged in lawful volunteer or paid employment activity, or going to or returning home from a lawful volunteer or paid employment activity, without unnecessary detour or stop;

(e) Acting in response to an emergency;

(f) On the sidewalk abutting the minor's residence or abutting the residences that are immediately adjacent to the minor's residence;

(g) Attending, going to or returning from a school, religious, cultural, sports, amusement, entertainment, or recreational activity, or any organized rally, demonstration, meeting or similar activity, including school permitted off-campus lunch;

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

(i) Emancipated in accordance with California law.

10.12.070 ENFORCEMENT PROCEDURES.

(a) Nothing in this chapter shall be construed to preclude minors from being in a public place for the purpose of exercising the rights guaranteed by the First Amendment of the United States Constitution or the California Constitution.

(b) Before taking enforcement action under this chapter, a peace officer shall ask the suspected offender's age and reason for being in a public place.

(c) A peace officer may take enforcement action under this chapter only when the peace officer has cause to believe that neither subsection (a) above nor any other exemption in this chapter applies to the offender.

Chapter 10.16 FIRE REGULATIONS

Editor's Notes

For provisions relating to the City fire department, see Chapter 2.36.

10.16.010 RUNNING VEHICLE OVER FIRE EQUIPMENT PROHIBITED.

No person shall operate any vehicle, locomotive or railroad car, on, over or across any hose, ladders, or other equipment, of the fire department.

10.16.020 DEBRIS REMOVAL AFTER FIRE REQUIRED.

The owner or person having under his or her control, or in his or her possession, upon any premises in the City, any hay, straw, bales of wool, cotton, paper or other substances which have been rendered useless or unmerchantable by reason of any fire on such premises, or any debris resulting from such fire, must remove the same from the premises as soon as possible.

10.16.030 FIRE HYDRANT—OBSTRUCTING PROHIBITED.

(a) No person shall obstruct any fire hydrant in any manner.

(b) No person shall place or deposit lumber, rock, sand, debris or other substance within a minimum three foot clear space around the circumference of any fire hydrant nor within fifteen feet from the face or sides of the outlets of any hydrant on any public or private property in the City.

(c) No person shall plant or maintain shrubs, bushes, or other vegetation, or construct or maintain any fences or poles, or any other structures on any public or private property, any of which are a danger to the public health, safety or welfare within a minimum three foot clear space around the circumference of any fire hydrant nor within fifteen feet from the face or sides of the outlets of any fire hydrant.

(d) If any obstruction is maintained in violation of subsection (b) of this section, it shall be summarily removed on order of the City Manager, Chief of the Fire Department, or Chief of the Police Department.

(e) If any obstruction is maintained in violation of subsection (c) of this section, and the chief of the fire department finds that it is dangerous to the public health, safety or welfare, he or she may give notice in writing to the person maintaining such obstruction to remove it within ten days after receipt of such notice. The notice herein prescribed shall be delivered in person or transmitted by United States mail, postage prepaid, addressed to the person maintaining such obstruction, or owning the premises, at his or her last known residence or business address.

In the event that the obstruction has not been removed to the satisfaction of the chief of the fire department within ten days after giving the notice, the chief of the fire department may forthwith cause the obstruction to be removed, provided as follows:

(1) That within ten days after giving such notice, the person maintaining the obstruction may appeal in writing to the City Council, and during the period of pendency of the appeal, and until final determination by the Council the chief of the fire department shall not remove the obstruction unless he or she determines that its continuance is hazardous;

(2) The appeal shall be filed in the office of the City Clerk;

(3) The appeal shall be set for hearing at the meeting of the Council next succeeding the receipt of notice thereof by the City Clerk, if the notice of appeal is received five or more days prior to such meeting; if the notice of appeal is received less than five days prior to such meeting, the hearing shall be set for the second succeeding regular meeting of the Council after receipt of the notice;

(4) Evidence may be submitted at the hearing in behalf of the appellant and the City, and the Council shall make finding thereon. The findings of the Council shall be final, conclusive and binding upon all parties.

(f) The use of any wrenches, other than approved fire department spanners, for the purpose of opening or shutting any fire hydrant is prohibited. No fire hydrant shall be used by any person other than a member of the fire department, a city employee, or an employee of the water company supplying water to the hydrant of the City, without first having secured a permit in writing from the fire department. The permit shall contain such conditions as may be specified by the chief of the fire department, and may restrict the permittee to the use of specified hydrants.

The chief of the fire department may also require that the applicant for such permit post a cash security or a surety bond with the City Clerk in such form and amount as the chief of the fire department shall determine, guaranteeing to save the City harmless from any and all damage which may accrue by reason of the use of any fire hydrant.

(g) Notwithstanding any other provision of this section, the violation of any portion hereof is a misdemeanor or infraction as charged pursuant to Chapter 1.04 and shall be punishable pursuant to the provisions of Chapter 1.04.

10.16.040 FIRE ZONE.

(a) There is established about the scene of every fire during its course a "fire zone," which will consist of all public and private streets within a radius of three hundred feet or more from such fire, and in any case shall include the two closest street intersections.

(b) All traffic, vehicular and pedestrian, including but not limited to, locomotives, railroad cars, within a "fire zone" shall stop and no person shall move, operate or start to move or operate any vehicle except upon orders of the Chief of Police or a chief fire officer.

(c) It is unlawful to enter a "fire zone" or to stop, stand, or park in such a manner as to hinder the apparatus of the fire department in entering or leaving any "fire zone."

(d) Such "fire zone" shall remain in existence until such time as the fire chief or his or her authorized agent has declared the emergency past.

10.16.050 HAZARDOUS FIRE AREAS.

(a) For purposes of this Section, "hazardous fire area" means any property owned, leased, or otherwise occupied by the City that is designated as a hazardous fire area by the City Manager or the Fire Chief pursuant to this Section.

(b) Whenever the City Manager or the Fire Chief determines that a fire hazard exists on property owned, leased, or otherwise occupied by the City because of the presence of flammable material or cover or the usage of the property, the area may be declared to be a hazardous fire area. In any such declaration, restrictions on usage may be designated for the hazardous fire area.

(c) The City Manager or the Fire Chief may restrict, condition, or prohibit smoking, flammable material usage or possession, specified occupancies or uses, and entry to the property, as the official believes necessary to protect the public safety.

(d) Notice of the declaration will be posted at intervals of approximately every 300 feet around the boundaries of the declared hazardous fire area; provided, however, that in areas where steepness of grade, inaccessibility, or other conditions make such signage infeasible at 300-foot increments, the notice shall be posted as deemed proper by the Fire Chief or City Manager. The City Manager or the Fire Chief may also cause notice of the declaration to be published in a newspaper of general circulation or otherwise promulgated as he or she believes is appropriate.

(e) It is unlawful for any person to enter upon or remain in any hazardous fire area that has been declared closed to entry pursuant to this Section or to violate any other condition, restriction, or prohibition contained in such a declaration.

Chapter 10.20 FIREWORKS

10.20.010 Definitions

(a) As used in this Chapter "fireworks" means and includes:

(1) Any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, whether manufactured, homemade or improvised;

(2) Fireworks classified by the State Fire Marshal as "dangerous fireworks" and as "safe and sane fireworks" pursuant to Health and Safety Code Sections 12561 and 12562;

(3) Any pyrotechnic devices for which the State Fire Marshal requires a license to manufacture, sell, transport or operate; and

(4) Firecrackers, torpedoes, skyrockets, roman candles, cherry bombs, sparklers, chasers, snakes or other fireworks of like or similar construction and any fireworks containing any explosive or flammable compound or substance.

10.20.020 Sale and Use of Fireworks Prohibited

(a) It is unlawful to sell or offer for sale fireworks of any kind or nature in the city.

(b) It is unlawful to fire, discharge, burn or use fireworks of any kind or nature within the city except that a public display of fireworks may be permitted by a permit issued by the fire chief subject to such conditions as he/she may impose to ensure that such public display of fireworks is conducted in such a manner as to avoid the ignition of fires and injury to persons and property. Public displays are not permitted in residential neighborhoods under any conditions.

(c) Should the provisions of this chapter conflict with the provisions of any other ordinance or city code section of the city, the provisions of this section shall prevail.

10.20.030 Fireworks Seizure

The Chief of Police or his/her designee shall seize, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of this code.

Chapter 10.26 FIREARMS—DISCHARGE

10.26.010 DISCHARGE OF FIREARMS—PROHIBITED.

No person shall discharge or fire any firearm within the City except as otherwise provided herein. For purposes of this chapter, "firearm" is defined as a gun, pistol, revolver, rifle, shotgun, BB gun, air gun, pellet gun, bow and arrow, crossbow, blow gun, slingshot or any other weapon of a similar nature designed to discharge a projectile propelled by the expansion of a gas or a spring or any other device designed to throw or sling or otherwise project any solid object.

10.26.020 EXCEPTIONS.

The provisions of Section 10.26.010 shall not apply to the following:

(a) To police officers, sheriffs, constables, marshals or other police officers, or any person summoned by any such officers to assist in making arrests or preserving the peace, or persons who are members of the armed services of the United States, or the National Guard, while such persons are acting in the lawful discharge of their duties;

(b) To persons using firearms in the lawful defense of self, third persons, or the user's property;

(c) To persons discharging or firing such firearms or causing them to be discharged or fired at a firing, shooting or target range authorized, established or maintained by a governmental entity with the consent of the operator and under supervision of a person qualified to be in charge of such range.

Chapter 10.28 Safe Gun Storage

10.28.010 Title

This Chapter shall be known as Safe Gun Storage.

10.28.020 Definitions

For the purposes of the Chapter 10.28, the following words and phrases shall have the meaning set forth herein:

(a) "Firearm" means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.

(b) "Locked container" means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. "Locked container" shall not include the utility or glove compartment of a motor vehicle.

(c) "Locking device" means a trigger lock or other designed to prevent a firearm from functioning and, when applied to the firearm, renders the firearm inoperable.

(d) "Unloaded" means without a cartridge in the chamber of the firearm; in the cylinder of the firearm, if the firearm is a revolver; or in the magazine of the firearm, if any part of the magazine is in or affixed to the firearm.

10.28.030 Safe Gun Storage Required

No person shall store or keep any firearm on any premises unless the firearm is unloaded and in a locked container, or unloaded and affixed with a locking device; or carried on the person, or is otherwise in the immediate possession of an individual in accordance with all applicable laws.

10.28.040 Violations and Enforcement

Any violation of this chapter is punishable as specified in Title 1 of the San Mateo Municipal Code.

Chapter 10.34 CHARITABLE BINGO GAMES—PERMITS

10.34.010 PURPOSE AND INTENT.

It is the purpose and intent of the Council by enacting this chapter to provide for the issuance of permits to allow charitable organizations to hold bingo games lawfully in the City.

10.34.020 BINGO—DEFINED.

As used in this chapter "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. Bingo as defined in this section applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of law.

10.34.030 BINGO—PROHIBITED.

No person, including, but not limited to, an individual, corporation, association, organization or group, shall operate a bingo game within the City without possessing a valid, unexpired and unrevoked permit issued under this chapter and except in conformance with this chapter and all other applicable laws.

10.34.040 ORGANIZATIONS ELIGIBLE FOR PERMIT.

Organizations which are exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and Taxation Code, mobile home park associations and senior citizens organizations shall be eligible to apply for a permit to conduct bingo games in this City; provided that the proceeds of such games are used only for charitable purposes; and further provided, said applicant has owned or leased property within the City of San Mateo that has been used by the applicant for performance of the purposes for which the applicant is organized for at least 12 consecutive months immediately preceding the filing of such application. No other person shall be qualified or eligible to receive a bingo permit.

10.34.050 CONTENTS OF APPLICATION.

An application shall be presented to the Tax Collector and shall contain the following:

(a) The name and principal local address of the organization;

(b) The names of the principal officers of the organization locally;

(d) The names and membership status of the persons who will operate and staff the game; provided, however, that only persons who are expected to operate and staff more than 50% of the games during a year must be named;

(e) The name of any security company that will be used;

(f) Proposed day of week and hours when bingo games will be conducted;

(g) Such proof as may be required by the Tax Collector that the applicant is eligible and qualified to receive a permit. If eligibility is based on an exemption from payment of the bank and corporation tax, the application shall be accompanied by a certificate of determination of exemption under the applicable section of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board showing such exemption;

(h) A description of the receipt, accounting, and inventory control systems that the applicant will use in the operation of bingo;

(i) A statement that the applicant agrees to conduct bingo in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter, as they may be amended from time to time, and agrees that the permit may be suspended and/or revoked by the City upon violation of any such provisions;

(j) A signature of an authorized officer of the applicant under penalty of perjury; and

(k) Such additional information as may be required to show that the operation of the bingo game will not be inimical to the public health, safety, morals, peace, or general welfare.

The Tax Collector may provide uniform application forms.

10.34.060 ISSUANCE OF PERMIT.

A permit shall be issued unless the Tax Collector makes one (1) or more of the following findings:

(a) The bingo games will be a fraud on the public;

(b) The bingo games will be conducted at a location or in a manner or the proceeds thereof will be accounted for or expended in a manner which violates any applicable law;

(d) The system of record keeping and accounting relating to the conduct of the games and disposition of the proceeds therefrom is inadequate;

(e) An officer of applicant who is responsible for the bingo games has been convicted of a gambling offense or a crime of fraud or theft within the last five (5) years;

(f) The application does not conform to the requirements, terms, and conditions of this chapter;

(g) The applicant has failed to report pursuant to Section 10.34.200, has failed to maintain adequate records, or refused to allow an audit requested by City;

(h) The applicant has failed to meet the charitable contribution requirements, if any, that have been adopted by the City Council;

(i) The applicant has had its bingo permit revoked in San Mateo or elsewhere within the three (3) years preceding application;

(j) The issuance of a permit will be inimical to the public health, safety, morals, peace, or general welfare.

The term "applicant" shall include any predecessor or related organization which has been reestablished in order to apply for a bingo permit or which has officers who were responsible for bingo in an organization whose bingo application was denied by City or whose permit was revoked by City or other governmental entity.

10.34.070 PERMIT—PERIOD OF VALIDITY.

Each permit shall only be valid only until the next following August 30. (This section is effective on September 1, 1990.)

10.34.080 PERMIT—FEE.

The permit fee for each permit issued pursuant to the provisions of this chapter shall be $10.00, one-half of which will be refunded if the application is denied.

10.34.090 LOCATION OF GAMES.

An organization authorized to conduct bingo shall conduct bingo only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by or whose use is donated to the organization be used or leased exclusively by or donated exclusively to such organization.

10.34.100 EXCLUSIVE OPERATION BY PERMIT HOLDER.

A bingo game shall be operated and staffed only by members of the authorized organization which organized it. It is unlawful for any person to receive a profit, wage, or salary from any bingo game. Nor shall any person operating or staffing bingo receive free or at reduced cost any pulltabs, bingo papers, or the like enabling them to play bingo. Only the organization authorized to conduct a bingo game shall operate such game, or participate in the promotion, supervision, or any other phase of such game. This section does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game, provided that the name of the security company is filed with the City. A violation of this section shall be punishable by a fine not to exceed $10,000.00 which shall be deposited into the general fund of the City.

10.34.110 PROFITS—SECTION 23701d ORGANIZATION.

All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. The City Council may designate by resolution a percentage of bingo gross receipts that must be used for charitable purposes.

10.34.120 PROFITS—ORGANIZATIONS OTHER THAN SECTION 23701d ORGANIZATION.

All proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:

(a) Such proceeds may be used for prizes.

(b) A portion of such proceeds, not to exceed 20% of the proceeds before the deduction for prizes, or $1,000.00 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, securing equipment, and security personnel.

The City Council may designate by resolution a percentage of bingo gross receipts that must be used for charitable purposes.

10.34.130 HOURS OF OPERATION.

An organization shall not operate or conduct a bingo game between the hours of midnight and 8:00 a.m.

10.34.135 ADVERTISING.

All advertising for bingo shall designate the name of the bingo permit holder and shall state that bingo proceeds will be used for charitable purposes.

10.34.140 PARTICIPATION—MINORS.

Participation in all bingo games shall be open to the general public, and may not be limited to members of the licensed charitable organization. No minors shall be allowed to participate in any bingo game, as a worker or player, except for hall set-up, hall tear-down, and for food serving. No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place in which said game is being conducted.

10.34.150 FINANCIAL INTEREST—PROHIBITED.

No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game.

10.34.160 PRIZES.

The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind, or both, for each separate game which is held. A bingo game starts when the first ball or number symbol is called and ends when the first ball and all succeeding balls or number symbols are returned to the cage or blower. Each progressive play in a series which continues to utilize and count any number symbols called and utilized in a previous part of said progression shall be deemed part of the same bingo game, even if a separate prize is awarded for each part of said progression. The cumulative prizes awarded for a "progressive" or other similar bingo game shall not exceed the total of $250.00 in cash or kind or both. No other prizes, except for door prizes, may be given, including, but not limited to, bonus line prizes, good neighbor prizes. Door prizes shall not exceed a total of $250.00 for the bingo day and must be awarded during public attendance and in view of the public.

10.34.170 LIMITATION ON FREQUENCY OF BINGO.

A permit holder shall not conduct bingo more frequently than one (1) day a week. The total number of games on any one (1) day shall not exceed 25 games. No single location shall be used for bingo more than two (2) days a week. A permit holder may hold one (1) bingo marathon during the period of the annual permit.

10.34.180 RECORDS; AUDIT.

A bingo permit holder shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo authorized by this chapter. The permit holder shall keep full and accurate records of all bingo supplies received and used. Records of pulltabs shall include: (1) a designation of the type of pulltab, (2) the serial number of the pulltabs, (3) the number of pulltabs in a deal, (4) the number of deals, (5) the sales value of pulltabs in a deal, (6) the prize value of pulltabs in a deal, (7) the winning tickets.

All records, ledgers, receipts, and accounts shall be kept for a period of three (3) years and shall be made available to the Tax Collector, or designated representative, for audit. As part of an audit or as a separate action, City may attend any bingo game and observe the operations. Further, City may place a City representative with the bingo permit holder in order to assure that proper receipts are given and that proper accounting of bingo funds is made.

10.34.190 RECEIPTS—SALE OF BINGO CARDS, PULLTABS.

A bingo permit holder shall provide a receipt to each and every person who purchases a bingo card/paper, or other bingo supply, except that no receipt is required for the purchase of a pulltab. Such receipt shall be a cash register receipt or other receipt clearly designating the amount of money received by the permit holder. The bingo permit holder shall retain all winning pulltabs paying over $25.00 as a record. Persons selling pulltabs must sign for the number of pulltabs taken by said person for sale.

10.34.200 REPORTING.

A permit holder shall report to the Tax Collector annually on or before each July 31st all receipts and expenses, including, but not limited to, prizes, supplies, property rental or payments, from bingo games within the City of San Mateo. The amount disbursed to charities shall be reported. The period to be covered shall be the preceding July 1st to June 30th.

10.34.210 SUMMARY SUSPENSION OF PERMIT PENDING OPPORTUNITY FOR HEARING; GROUNDS FOR SUSPENSION AND REVOCATION.

Whenever it appears to the Tax Collector that:

(a) The permit holder is conducting bingo in violation of any of the provisions of this chapter or other applicable law or is improperly using bingo proceeds for unauthorized purposes; or

(b) The permit holder has not made available all records, ledgers, and accounts relating to proceeds and expenditures, or is not keeping required receipts and records, or has refused to allow City to audit or monitor the bingo operations; or

The Tax Collector shall have the authority to summarily suspend the license by ordering the permit holder to immediately cease and desist any further operations of any bingo game.

10.34.220 CONDUCTING BINGO SESSIONS AFTER SUSPENSION.

It is unlawful for any person to continue to conduct bingo after any summary suspension.

10.34.230 ORDER AND SUBSEQUENT HEARING.

The Tax Collector's written order shall state the reasons for the suspension and also notify the permit holder in writing that a hearing will be held within 15 working days from the date of the order to determine whether such permit shall be suspended for a longer time period or permanently.

Any such appeal by the permit holder shall be in writing stating the specific grounds for relief, and shall be filed with the Tax Collector.

10.34.240 APPEAL HEARING.

A permit holder may appeal the decision of the Tax Collector within 10 calendar days of the date of the order. The reasons for an appeal shall be stated and the appeal filed with the Tax Collector. Upon timely request, the appeal hearing process and related procedures shall proceed pursuant to the provisions of Chapter 5.18.

10.34.250 RECEIVING BINGO PROCEEDS DURING SUSPENSION OR REVOCATION.

An organization whose permit has been suspended or revoked cannot receive bingo proceeds from any source during the period of suspension or revocation. A violation of this subsection shall result in a permanent permit revocation to the organization involved and no subsequent permit shall be issued to any officer responsible.

10.34.260 PURCHASES FROM BINGO SUPPLIERS.

All permit holders shall use bingo papers, pulltabs and other supplies purchased from suppliers licensed by the City of San Mateo.

10.34.270 BINGO SUPPLIER—DEFINED.

A "bingo supplier" means any person or enterprise which, for a consideration, sells, rents, supplies, provides or furnishes equipment, products, goods, paper or other items for use in the conduct of bingo games, except for food service items, furniture, and office supplies.

10.34.280 PERMIT REQUIRED.

No person shall, unless under and by permit authority of a valid, unrevoked and unexpired permit, sell, rent, supply, provide or furnish for a consideration, any equipment, products, good, paper or other items for use in the conduct of bingo games, except for food service items, furniture, and office supplies.

A bingo supplier shall be deemed to operate or conduct business within the City of San Mateo if representatives of the bingo supplier sell, rent, supply, provide or furnish for a consideration, within the City of San Mateo, any equipment, products, goods, paper or other items for use in the conduct of bingo games, whether or not the bingo supplier operates from a fixed location within another jurisdiction.

An application fee of $50.00 shall be paid upon application.

10.34.290 ISSUANCE.

The Tax Collector shall issue a permit unless:

(a) The bingo supplier sells, rents, supplies, provides or furnishes any equipment, products, goods, paper or other items for use in the conduct of bingo games in manner which violates Penal Code Section 326.5, this chapter or any other applicable law.

(b) The bingo supplier has failed to keep adequate records of his or her sales in the City or has refused a request by City to audit those records.

10.34.300 RECORDS—AUDIT.

The bingo supplier shall keep full and accurate records of all inventory, income and expenses received and disbursed in connection with the sale, rental, supply, provision or furnishing of any equipment, products, goods, paper or other items for use in the conduct of bingo games in the City of San Mateo. The records shall be of such type and maintained in such manner as may be prescribed by the Tax Collector.

The Tax Collector or any other authorized representative of the City shall have the right to examine and audit such records at any reasonable time and the bingo supplier shall fully cooperate by making such records available.

10.34.310 LIMITATION ON INVOLVEMENT IN BINGO.

The bingo supplier shall not, directly or indirectly, organize, manage, supervise, conduct, control or otherwise participate in or influence either the operation of any bingo game conducted in the City or the promotion thereof.

10.34.320 PROHIBITION OF FINANCIAL INTEREST IN BINGO.

With the exception of revenue generated by any business or enterprise for which a permit is required pursuant to this chapter, no bingo supplier shall have a financial interest in the conduct of a bingo game operated in the City of San Mateo.

A supplier shall be deemed to have a financial interest in the conduct of a bingo game including, but not limited to, the following situations: (1) if the price or cost of bingo supplies is adjusted based on the profits, losses or tax exempt status of any organization licensed under this chapter; or (2) if the supplier absorbs, assumes, shares or otherwise participates in the losses, or profits of any bingo game conducted by any organization permitted under this chapter.

10.34.330 REQUIRED RECORDS.

Permitted bingo suppliers shall maintain a complete set of records which includes detail of all activities. These records shall include, but not limited to the use of pre-printed (form) sales invoices which reflect the following information:

(a) Date of sale;

(b) The customer name, and complete business address;

(d) Quantity and sales price of each line item;

(e) The original and two (2) copies of the invoice shall be prepared and maintained as follows:

(1) Original issued to the customer,

(2) A copy retained in a file by customer name, and

(3) A copy file in (invoice number) numerical sequence;

(f) Credit memos for returned items shall be prepared in the same detail as items a through e;

(g) Detailed records of pulltabs sold, including serial numbers, dollar values of pulltabs and pulltab prizes.

Chapter 10.36 GAMBLING

Editor's Notes

For the statutory provisions prohibiting gaming see Cal. Pen. C §§ 330-337h.

10.36.010 HAZARDING FOR RETURN OF MONEY.

No person, either as owner, lessee, agent, employee, mortgagee, or otherwise, shall operate, keep, maintain, rent, use or conduct any clock, tape, slot or card machine, or any other machine, contrivance or device, upon which money is staked or hazarded upon chance, or into which money is paid, deposited, or played, upon chance or upon result of the action of which money or any other article or thing of value is staked, bet, hazarded, won or lost upon chance.

10.36.020 HAZARDING FOR RETURN OF MERCHANDISE.

No person, either as owner, lessee, agent, employee, mortgagee, or otherwise, shall operate, keep, maintain, rent, use or conduct any machine, contrivance, appliance or mechanical device upon the result of the action of which money or other valuable things are staked, or hazarded, and which is operated, or played by placing or depositing therein, any coins, checks, slugs, balls or other articles or device or in any manner, and by means of the action thereof, or as a result of the operation of which, any merchandise, money, representative or article of value, check or token, redeemable in, or exchangeable for, money, or any other thing of value, is won, or lost, or taken from, or obtained from, such machine, when the result of the action or operation of such machine, contrivance, appliance, or mechanical device, is dependent upon hazard or chance.

10.36.030 DEFINITIONS.

Except where the context otherwise requires, the definitions given in this section govern the construction of Sections 10.36.040 through 10.36.130:

(1) "Anything of value" means money, coin, currency, checks, chip, allowance, token, credit, merchandise, property, script, or anything representative of value, and includes, without limitation, any payment for services or for the use of any premises, cards, chips, furniture or other articles.

Said phrase also means any increase or probable increase in business or patronage resulting directly or indirectly from the playing of any game of cards, or any rent, remuneration or compensation of any nature received by any person, firm, corporation, club, lodge, association or church for the use or occupancy of any premises where the major, primary or customary use of said premises is for gambling;

(2) "Gambling" means the playing of any game not prohibited by the Penal Code of the state, or by any other law of the state, which is played, conducted, dealt, or carried on with cards, dice, dominoes, or other devices for anything of value.

10.36.040 GAMBLING HOUSE.

No person, either as principal, or agent, employee or otherwise, shall keep, conduct or maintain within the City, any house, room, apartment or place used in whole or in part as a gambling house or place where gambling shall occur.

10.36.050 PERMITTING GAMBLING.

No person, either as principal, or agent, employee or otherwise, shall knowingly permit any house, room, apartment or place owned by him or her or under his or her charge or control, in the City, to be used in whole or in part as a gambling house or place where gambling occurs.

10.36.060 BETTING.

No person shall within the City deal, operate, attend, play or bet at or against any game not prohibited by the Penal Code of the state or by any other law of the state, which is played, conducted, dealt or carried on with cards, dice, dominoes or other devices for anything of value. (Added by Ordinance 5, adopted February 20, 1967.)

10.36.070 EXCEPTIONS.

The provisions of Sections 10.36.040 through 10.36.060 shall not apply to:

(1) Occasional private games, otherwise lawful, carried on for purely social purposes in a private home. Said provisions shall not apply to otherwise lawful games, other than card games, conducted by a private group of customers, for the sole purpose of determining which member of said group shall pay for food, refreshments or beverages for immediate consumption by the group;

(2) Any gambling house in existence within the City on February 6, 1967, provided that the continued operation thereof shall be subject to the following:

(a) Only those persons owning and/or operating a gambling house on February 6, 1967, shall conduct the operation. This license may not be sold, given away or transferred, nor may the premises for which the license is issued be changed; provided, however, that the location of the premises may be changed in accordance with the procedures set forth below in subsection 1.

No change of location shall be permitted to a more restrictive use zone than is the existing location for the gambling establishment; no change shall be permitted to a location more than 1000' from the existing location; and no change of location shall be permitted to a location within a residential zone.

1. Application shall be made and shall be subject to the procedures for issuance of a Special Use Permit, Chapter 27.74.

(b) The owner and/or operator desiring to take advantage of this exception shall, on or before the effective date hereof, and annually thereafter, not later than January 31st of each year, register with the chief of the Police Department. Such registration shall be on forms provided and shall indicate the name and address of the owner and/or operator, the location of the premises and the number of tables provided,

(c) No gambling shall be permitted between the hours of eight a.m. and twelve noon of any day. The hours of operation shall be posted so as to provide notice to patrons,

(d) No more than three tables, seating not more than seven each, at which gambling is allowed shall be permitted. Tables shall not be increased in tournaments and/or special events,

(e) An annual business license fee in the amount of one hundred dollars per table shall be paid at the office of the license collector at the time of registration

(f) The gambling house shall prepare and submit to the Police Department a patron security and safety plan in and around the gambling establishment. The plan shall be submitted at the time of the payment of the annual business license fee. It may include cameras, personnel, and other security and safety measures. The owner shall be responsible for the security and safety of patrons; if the owner limits liability, the limits shall be posted so as to give notice to patrons.

(g) Wagering shall be limited to table stakes. "Table stakes" shall mean that a player is limited to betting only those chips that he or she has purchased prior to the commencement of play of a particular hand of cards or bet. The player cannot purchase additional chips during the pay of a particular hand of cards or bet. Wagering limit shall be posted so as to give notice to patrons.

The arrest and conviction of anyone for the violation of any statute or ordinance regulating gaming within an excepted premises shall automatically suspend this exception and said gambling house shall cease operation upon notice by the chief of the Police Department.

10.36.080 PRIVATE CLUB—EXEMPTION.

An incorporated or charter fraternal, labor, benevolent or charitable organization, or religious association, that has been continuously carrying on within the City the activities for which it was organized for a period of not less than five years immediately preceding, that limits access to its own membership and the invited guests of its members and that had a city permit on June 30, 1984, shall be exempt from local gaming ordinances and gaming regulations.

10.36.090 ELECTION REQUIRED FOR GAMING CLUB/GAMBLING HOUSE.

1. No gaming club or gambling house shall be located within the territorial limits of the City of San Mateo unless a majority of electors voting thereon affirmatively approve a measure permitting legal gambling in a gaming club or gambling house within the City.

2. Definitions.

2.1 "Gaming Club" has the meaning set forth in Section 19802 of the California Business and Professions Code.

2.2 "Gambling house" means any house, room, apartment, or place where, in whole or in part, gambling takes place.

2.3 "Gambling" means the playing of any game not prohibited by the Penal Code of California or by any other law of the state, which is played, conducted, dealt or carried on with cards, dice, dominoes or other devices for anything of value.

2.4 "Anything of value" means money, coin, currency, checks, chip, allowance, token, credit, merchandise, property, script or anything representative of value and includes, without limitation, any payment for services or rent, remuneration or compensation of any nature for the use of any premises, cards, chips, furniture or other articles.

3. Exceptions and Exemptions. The provisions of this ordinance shall be subject to the same exceptions and exemptions as are set forth in Section 10.36.070 and 10.36.080 of the ordinances of San Mateo in effect on January 1, 1995, and this ordinance shall not disallow bingo games allowed under Chapter 10.34 of the ordinances of San Mateo.

Chapter 10.38 PUBLIC CONVENIENCE AND NECESSITY—ALCOHOL SALES

10.38.010 PURPOSE.

The purpose of this chapter is to discharge the City's authority to review applications of public convenience and necessity for alcohol beverage sales, both on-site and off-site, that are referred to it by the Alcohol Beverage Control of the State of California.

10.38.020 PUBLIC CONVENIENCE AND NECESSITY.

The Director of Community Development or designee shall review applications for public convenience and necessity. The Director's or designee's decision shall be final unless appealed.

10.38.030 NOTICE OF APPLICATION.

Notice shall be provided in the same manner that notice is provided for planning applications under Chapter 27.08.

10.38.040 REVIEW CRITERIA.

The application shall be reviewed pursuant to the following criteria:

(a) The number of businesses having authority to sell alcoholic beverages in the census track of applicant;

(b) The extent to which the crime reporting district in which applicant is located exceeds the average for crime reporting districts subject to the jurisdiction of the City of San Mateo Police Department.

(c) The extent to which the ratio of on-scale retail establishments or off-sale retail establishments, including consideration of the size of those establishments, of the census tract in which applicant is located exceeds the population ratio of on-sale or off-sale, respectively, for San Mateo County.

(d) The proximity of the applicant to other similar liquor-related businesses.

(e) The proximity of the applicant to schools, parks, and/or residences.

(f) The history of the applicant and/or the site with respect to crime or public nuisances.

(g) The extent to which products other than alcoholic beverages are sold by applicant and the extent to which alcoholic beverages are incidental to the other products.

(h) The extent to which the particular alcohol products being sold may be subject to abuse.

(i) Such other criteria that the decision-maker deems relevant.

The Director or designee may approve or approve with conditions if it is found that the application is in the public convenience and necessity of the public. The application shall be denied if it is found that the application is not in the convenience and necessity of the public.

10.38.050 APPEAL.

The decision of the Director or designee may be appealed to the Planning Commission and the City Council in the same manner for appeals as set forth in Chapter 27.08.

10.38.060 DIRECT REFERRAL TO PLANNING COMMISSION.

If the Director of Community Development or designee finds that any application under this chapter involves an unresolved city policy issue or that there is a public controversy regarding the application, the Director or designee shall refer the application to the Planning Commission for hearing/and action.

Chapter 10.40 HANDBILLS

10.40.010 DEFINITION.

"Handbill" as used in this chapter includes any printed or written advertising matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, paper, booklet, or any other printed matter or literature.

10.40.020 DISTRIBUTION ON PUBLIC PROPERTY.

No person, either directly or indirectly, shall deposit, place, throw, scatter or cast any handbill in or onto any public street, thoroughfare, park, ground or other public place or depot within the City. The provisions of this section shall not prohibit the handing, transmitting, or distributing, between the hours of eight a.m. and six p.m., of any handbill to any person willing to accept such handbill; provided, however, such handing, transmitting or distribution shall not violate any traffic regulations or interfere with, obstruct, stop or confuse the flow of traffic in, along, or upon such public thoroughfare, park, ground or other public place or depot.

10.40.030 PLACING IN VEHICLES.

No person, either directly or indirectly, shall distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle. The provisions of this section shall not prohibit the handing, transmitting or distributing between the hours of eight a.m. and six p.m. of any handbills to the occupants of any automobile or other vehicle.

10.40.040 DISTRIBUTING ON PRIVATE PROPERTY.

No person, either directly or indirectly, shall distribute, deposit, place, throw, scatter or cast any handbills in or upon any private yards, grounds, walk, porch, steps, mailbox, vestibule, house, residence, building, or any other private property. The provisions of this section shall not prohibit the handing, transmitting or distributing between the hours of eight a.m. and six p.m. of any handbills to the owner or other occupant of such private yard, grounds, walk, porch, steps, mailbox, vestibule, house, residence, building or other private property.

10.40.050 POSTED PROPERTY PROHIBITED.

The owner, or person entitled to possession, of any property may place or maintain a sign in a conspicuous place near the entrance thereof, indicating that no handbills are desired, in which event it is unlawful for any person to go upon such premises so posted, and distribute, deposit, place, throw, scatter, or cast any handbill.

10.40.060 EXEMPTIONS.

The provisions of this chapter shall not be deemed to apply to the distribution of the United States mail nor shall the provisions of Sections 10.40.040 and 10.40.050 be deemed to apply to the delivery of any handbill upon any such private property when the person entitled to the possession of such property has requested such delivery.

10.40.070 PROHIBITED CONTENTS.

Anything in this chapter to the contrary notwithstanding, no person shall distribute any handbill where the contents of such are immoral, obscene, or advocate unlawful, criminal, seditious or treasonable acts.

10.40.080 ADVERTISING MATTER.

No person shall distribute any handbill containing any advertising matter without first obtaining a permit for such distribution.

10.40.090 ADVERTISING MATTER—PROVISIONS.

Application for the permit provided for in Section 10.40.080 shall be made to the business Tax Collector, and shall include the applicant's name, age, address, occupation and principal or employer. The applicant shall attach a copy of the handbill to the application. The Tax Collector shall issue a permit upon the payment of the sum of one dollar for each one thousand handbills or fraction thereof, to be distributed. Permits shall be issued only to the person whose goods, wares, or merchandise are being advertised, or to the person who publishes an advertising medium, or to the person actually distributing such handbill, and a separate permit shall be obtained for each distribution; provided that such permit shall not apply to the distribution, peddling or delivery of any magazine or newspaper of general circulation published for the dissemination of local or telegraphic news or intelligence of a general character which has a bona fide subscription list or paid subscribers, and which is printed and published at regular intervals.

Chapter 10.48 SOUND TRUCKS—LOUDSPEAKERS—ADVERTISING VEHICLES

10.48.010 DEFINITIONS.

(a) "Advertising vehicle" as used herein means any motor vehicle, or animal-drawn vehicle, having mounted thereon or attached thereto any sound amplifying equipment or billboard or other display advertising equipment, including, but not limited to, trailers and other attachments to the motor vehicle, or animal propelled vehicle.

(b) "Sound amplifying equipment" as used herein means any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" as used herein shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed, or warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles used only for traffic safety purposes.

(c) "Sound truck" as used herein means any motor vehicle, or animal-drawn vehicle, having mounted thereon or attached thereto any sound amplifying equipment, including, but not limited to, trailers or other vehicles attached to said motor vehicle or animal propelled vehicle.

10.48.020 NONCOMMERCIAL—REGISTRATION—REQUIRED—STATEMENT.

No person shall use, or cause to be used, a sound truck with its sound amplifying equipment in operation for noncommercial purposes in the City before filing a written registration statement in quadruplicate with the Chief of Police, which statement shall give the following information:

(1) Name and home address of the applicant;

(2) Address of place of business of applicant;

(3) License number and motor number of sound truck to be used by applicant;

(4) Make and type of sound truck, its length, width and weight;

(5) Name and address of person who owns sound truck;

(6) Name and address of person having direct charge of sound truck;

(7) Names and addresses of all persons who will use or operate sound truck;

(8) The purpose for which sound truck will be used;

(9) A general statement as to the section or sections of city in which sound truck will be used;

(10) Proposed hours of operation of sound truck;

(11) Number of days of proposed operation of sound truck;

(12) General description of the sound amplifying equipment which is to be used;

(13) The maximum sound producing power of the sound amplifying equipment to be used in or on the sound truck. State the following:

(a) The wattage to be used,

(b) The volume in decibels of the sound which will be produced,

10.48.030 NONCOMMERCIAL—PERMIT—ISSUANCE—DENIAL.

If the Chief of Police finds that said statement shows facts complying with the regulations contained in Section 10.48.070, he or she shall recommend that a permit be issued and transmit a copy of the statement to the City Manager, who shall thereupon issue a permit for the operation of such sound truck. If the Chief of Police finds that the statement fails to show facts complying with said regulations, he or she shall transmit a copy of the statement to the City Manager with a recommendation that a permit be denied, and the City Manager shall thereupon deny such permit, unless such application is amended so that the operation, if allowed, will conform with the requirements of the regulations for use set forth in Section 10.48.070.

10.48.040 NONCOMMERCIAL—PERMIT—APPEAL—HEARING.

In the event that the permit is denied, the applicant may file with the City Clerk a written notice of appeal to the Council from the ruling of the City Manager.

The City Clerk shall set the hearing of said appeal to the Council at a date not to exceed twenty-one days from the date of filing said notice of appeal. The clerk shall transmit to applicant by United States mail, postage prepaid, written notice of such hearing which shall be mailed at least ten days before the date fixed therefor, and shall be addressed to the applicant at his or her residence address as it appears on his or her registration statement.

The council may continue the hearing on the application from time to time, but the final decision of council shall be made not later than sixty days after the filing of such appeal. At the hearing on the application, the Council may examine witnesses under oath and take such evidence as it may desire. It may order such permit issued with or without modifications, and council's findings and decision thereon shall be final and conclusive on applicant.

10.48.050 NONCOMMERCIAL—REGISTRATION STATEMENT—AMENDMENT.

All persons using, or causing to be used, sound trucks for noncommercial purposes shall amend any registration statement filed pursuant to Section 10.48.020 within forty-eight hours after any change in the information therein furnished.

10.48.060 NONCOMMERCIAL—REGISTRATION STATEMENT—CERTIFIED COPY.

The clerk shall return to each applicant under Section 10.48.020, one copy of the registration statement duly certified by the clerk as a correct copy of said application. The certified copy of the application shall be in the possession of any person operating the sound truck at all times while the sound truck's sound amplifying equipment is in operation and said copy shall be promptly displayed and shown to any policeman of the City upon request.

10.48.070 NONCOMMERCIAL—USE REGULATIONS.

Noncommercial use of sound trucks in the City with sound amplifying equipment in operation shall be subject to the following regulations:

(1) The only sounds permitted are music and human speech;

(2) Operations are permitted each day except Good Friday, and the following legal holidays: Sundays, Christmas Day, Thanksgiving Day and Memorial Day.

The permitted hours of operation within the central traffic district are between the hours of eight a.m. and ten a.m., and two p.m. and four p.m.

The permitted hours of operation outside the central traffic district are between the hours of ten a.m. and eight p.m.

Provided, however, that a sound truck which is a portion of an authorized procession may be permitted to operate at such times and on such days as such procession is allowed to operate;

(3) Sound amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten miles per hour except when the truck is stopped or impeded by traffic. Where stopped by traffic, the said sound amplifying equipment shall not be operated for longer than one minute at each such stop.

Provided, however, that the requirement of minimum speed of ten miles per hour and the maximum time of operation of sound amplifying equipment of one minute when standing shall not apply under either of the following conditions:

(a) Where such sound truck is standing on private property, such as a parking lot or driveway, or

(b) Where such sound truck is standing on such private property or on a public street or other public property, on which vehicles are permitted, between the hours of eight p.m. and ten p.m. within the central traffic district or other commercial district;

(4) Sound shall not be issued within one hundred yards of hospitals and schools, churches, courthouses or public libraries, during their regular hours of use;

(5) No sound truck, including equipment, of a total outside width of more than ninety-six inches, or a total outside length of more than two hundred four inches shall be permitted to operate within the City;

(6) The human speech and music amplified shall not be profane, lewd, indecent or slanderous;

(7) The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred feet from the sound truck and so that said volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility;

(8) No sound amplifying equipment shall be operated with an excess of fifteen watts of power in the last stage of amplification.

10.48.080 COMMERCIAL—LICENSE—REQUIRED.

No person shall operate, or cause to be operated, any advertising vehicle in the City for commercial advertising purposes unless a license has been obtained from the City license collector. The fee for the license shall be one dollar for each day during which such vehicle operates.

10.48.090 COMMERCIAL—LICENSE—APPLICATION.

Persons applying for the license required under Section 10.48.080 shall file with the Chief of Police an application in writing in quadruplicate, giving in said application the information required in the registration statement under Section 10.48.020.

10.48.100 COMMERCIAL—LICENSE—ISSUANCE.

The Chief of Police shall examine the application, and if he or she finds it in order, he or she shall recommend that a license be issued, and shall transmit a copy of the application to the license collector, who shall issue a license under Section 10.48.080 upon payment of the required license fee; provided that, in the event that the application required in Section 10.48.090 reveals that applicant would violate the regulations prescribed in Section 10.48.070 or the provisions of some other section of this code, the Chief of Police shall recommend the denial thereof, and transmit such recommendation to the license collector, who shall deny the license. The provisions regarding the right to, time and manner of, appeal there from, hearing by the Council and its findings thereon, and the finality thereof, as contained in Section 10.48.040 shall apply to instances in which applicants under this section may appeal from a denial of a license.

10.48.110 COMMERCIAL—LICENSE—POSSESSION AND DISPLAY.

A licensee shall keep such license in his or her possession in the advertising vehicle during the time the sound truck's sound amplifying equipment is in operation. The license shall be promptly displayed and shown to any policeman of the City upon request.

10.48.120 COMMERCIAL—USE REGULATIONS.

No person shall operate, or cause to be operated, any advertising vehicle for commercial advertising purposes in violation of the regulations set forth in Section 10.48.070. The words "advertising vehicle" shall be substituted for the purposes of this section for the words "sound truck" as used in Section 10.48.070.

Chapter 10.56 USE OF LIBRARIES AND PUBLIC BUILDINGS

10.56.010 MALICIOUS MISCHIEF.

Any person who maliciously cuts, tears, defaces, breaks, or injures any book, map, chart, picture, engraving, statue, coin, model, apparatus, or other work of literature, art, mechanics, or objects of curiosity located in any public library or other public building owned, operated or controlled by the City, is guilty of a misdemeanor or infraction as charged pursuant to Chapter 1.04.

10.56.020 REFUSAL TO RETURN PROPERTY.

Any person who willfully detains any book, newspaper, magazine, pamphlet, manuscript, or other property, belonging to any public library owned, operated or controlled by the City, for thirty days after notice in writing to return the article or property, given after the expiration of the time for which by the rules of the institution the article or property may be kept, is guilty of a misdemeanor or infraction as charged pursuant to Chapter 1.04.

Chapter 10.65 PROTECTION OF CHILDREN RECEIVING SOCIAL SERVICES

10.65.010 PURPOSE.

The City Council, having completed a lengthy study of social services in San Mateo, including issues of child protection, finds that it is necessary and appropriate that non-profit corporations working with children in the City of San Mateo check the criminal backgrounds of their employees and volunteers who will be alone with children and/or who have supervisory or disciplinary control over children.

The City Council finds that children are vulnerable to adults having authority over them and that it is important for children to be protected and for parents to be better assured that children enrolled in non-profit programs are protected.

10.65.020 BACKGROUND CHECK.

Non-profit corporations doing work or providing service in the City of San Mateo which employ or use the services of employees and/or volunteers shall make criminal background checks (1) pursuant to Penal Code Section 11105.3 or (2) to the extent allowable by law pursuant to AB 1562 (1996) (Megan's Law), Penal Code Sections 290 and 290.4, as follows:

(a) Employees: Adult employees who have supervisory or disciplinary authority over a child or children shall be checked within 10 days of initial employment or within 10 days after an employee is in a position with supervisory or disciplinary authority over a child or children.

(b) Volunteers: Adult volunteers who in the ordinary course of their volunteer duties are expected to be alone with one or more children without a second adult being present shall be checked within 10 days of initially volunteering or within 10 days after a volunteer is in a position in which he/she is alone with one or more children. A volunteer who is alone with one or more children is deemed to have disciplinary or supervisory authority over a child or children. Mentors, tutors, big brothers/sisters, coaches are examples of positions that may typically be alone with one or more children.

(1) "Child" or "Children" shall mean persons under 18 years of age. The singular and plural shall include one another.

(2) "Adult" shall mean person 18 years of age or older.

(3) A volunteer is "alone with one or more children" when there is no other adult person 18 years of age or older (1) present in the same room with the child or children or (2) if the activity is out-of-doors, present within a 30 yard radius of the child or children. The number of children with an adult is not relevant to whether a volunteer is alone with a child; it is the absence of a second adult that is controlling.

(4) A volunteer is not alone with one or more children in the ordinary course of their volunteer duties when a volunteer is occasionally alone with children (1) due to the late arrival or illness of a second adult, (2) due to the unexpected need to take a child to his or her parent or guardian, or (3) due to unplanned or emergency incidents where a second adult is not present.

(d) For the purposes of meeting the time requirements of this chapter, the background check shall be deemed made under this section when fingerprints are filed with the Department of Justice.

(e) Exemptions: The following non-profit corporations shall be exempt from this chapter: (1) corporations that are licensed by the Federal, State, or local government and where the licensing procedures include criminal background checks of persons otherwise covered by this chapter; (2) private and public schools; (3) medical facilities; and (4) religious corporations with respect to programs that are not predominantly sports or recreation programs.

The following employees and volunteers of non-profit corporations shall be exempt from the background check and training requirements; (1) parents or legal guardians who work with, supervise, or discipline only their own children; (2) persons who work with, supervise, or discipline children in the City for less than 5 days in a calendar year.

10.65.030 TIME OF CHECKS.

In the event that there is a break in the employment or volunteer relationship for a year or more with the non-profit organization, the background check shall again be made within 10 days of the recommencement of employment or volunteering.

10.65.040 REGULATIONS.

The City Council may adopt regulations to implement this chapter.

10.65.050 ANNUAL STATEMENT.

Non-profit corporations shall file an annual statement certifying compliance with Section 10.65.020 and Section 10.65.060. This statement shall be filed during the month of July of each year to cover the preceding 12 months, and shall be considered as late if not filed by August 1.

10.65.060 TRAINING.

Non-profit corporations that have employees or volunteers who work with or supervise children shall provide at least two hours of child abuse training within six months of the commencement of employment or volunteering. The training received by an employee or volunteer shall be valid for a two-year period from the date of the training and notwithstanding the preceding paragraph, shall be transferable to other non-profit corporations without the need for further training during the two-year period.

10.65.070 CIVIL PENALTY.

There shall be a civil penalty of $100.00 imposed upon the nonprofit corporation for each employee or volunteer subject to a background check under section 10.65.020 who is not checked and/or for each employee or volunteer subject to training under section 10.65.060 who is not trained.

10.65.080 PROHIBITED USE OF CITY FACILITIES.

Non-profit corporations who are not in compliance with the requirements of Section 10.65.050 and/or Sections 10.65.020 and 10.65.060 shall not be permitted to use City facilities for the functions of their non-profit corporations. Nothing in this provision shall be construed to prohibit a non-complying, non-profit corporation from applying for or receiving permits for the use of their own property, including property which they rent.

Chapter 10.80 OPERATION OF LEAF BLOWERS

10.80.010 PURPOSE.

It has been found that leaf blowers cause considerable noise and air pollution and have been the source of numerous complaints by San Mateo citizens living in residential zoning districts. This chapter is intended to regulate the use of leaf blowers to minimize noise and air pollution in the City's residentially zoned neighborhoods and in areas bordering residentially zoned neighborhoods.

10.80.020 LEAF BLOWER—DEFINITION.

Leaf blowers are defined as portable equipment that is powered by a self-contained fuel engine and used in any landscape, maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass, clippings, cuttings and trimmings from trees, shrubs or other debris.

10.80.030 HOURS OF OPERATION.

No person shall use or operate a leaf blower in a residential zoning district or in areas bordering a residential zoning district before 8:00 a.m. or after 5:00 p.m. Monday through Friday, nor prior to 9:00 a.m. or after 5:00 p.m. on Saturdays. Use of leaf blowers on Sundays or on the following holidays is prohibited: New Years Day, Martin Luther King, Jr. Birthday, Presidents' Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving, Christmas.

10.80.040 LIMITATIONS ON USE.

Any person who uses or operates a leaf blower in a residential zoning district or in areas bordering a residential zoning district shall use a blower nozzle extension and shall run the blower at a low speed to minimize noise. No more than one blower shall be operated at a residence at any time.

10.80.050 REMOVAL OF DEBRIS.

No material or matter blown by leaf blowers shall be blown upon neighboring properties or onto any portion of the public right-of-way, including but not limited to sidewalks and streets, without being immediately removed.

10.80.060 VIOLATIONS.

It is unlawful for any person or entity to violate the provisions of this chapter.

10.80.070 CONSTRUCTION.

No section of this chapter shall impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council, or commission of the City. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section or not to enforce it.

Chapter 10.90 Access to Reproductive Health Care Facilities Ordinance

10.90.010 Title and Purpose

(a) This Chapter shall be known as the "Access to Reproductive Health Care Facilities Ordinance." The City Council finds that every person in the City of San Mateo has a basic and fundamental right to privacy protected by the United States Constitution and explicitly guaranteed in California's Constitution, Article 1, Section 1, including the right to seek and obtain all health care services permitted under the laws of the State of California. Central to this right is the need to secure access to all reproductive health care services. Access to these services is a matter of critical importance not only to the individual, but also to the health and welfare of all residents of the City of San Mateo and the region. Intentional efforts to harass an individual or prevent that individual from exercising his or her right to seek and obtain reproductive health care services are therefore contrary to the interests of the people of San Mateo.

(b) In adopting this Ordinance, the San Mateo City Council recognizes both the fundamental constitutional right to assemble peaceably and to demonstrate on matters of public concern, as well as the right to seek and obtain health care services. This Ordinance promotes the full exercise of these rights and strikes an appropriate accommodation between them.

(c) This Ordinance is not intended to create any limited, designated, or general public fora. Rather it is intended to protect those who seek access to constitutionally protected reproductive health services from conduct which violates their rights while also protecting the rights of people who gather outside of reproductive health care facilities in the City to speak on matters of public concern.

10.90.020 Definitions

(a) "Eight feet" shall be measured from any extension of the body of the individual seeking access to, passage from, or services within the reproductive health care facility, and/or the exterior of any occupied motor vehicle, to any extension of the body of, or any sign or object held by another person.

(b) "Entrance" means a walkway leading to the front door of a reproductive health care facility.

(c) "Follow" means to physically pursue an individual once that individual has indicated verbally or non-verbally they do not wish to be approached or engage in conversation.

(d) "Gathering" means two or more individuals.

(e) "Harass" means to engage in a course of conduct directed at a specific person or persons that alarms, seriously distresses, torments, or terrorizes the person. Harassment does not include, among other things, quiet, consensual conversation conducted from a stationary position. Harass includes, but is not limited to:

(1) Approaching a person once that person has indicated they do not want to be approached or engage in conversation, except as necessary to enter or exit the reproductive health care facility;

(2) Following a person if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property;

(3) Intentionally touching or causing physical contact with a person without that person's consent;

(4) Using violent or threatening gestures toward a person.

(f) "Intimidate" means making a true threat directed to a person or group of persons with the intent of placing that person or group of persons in fear of bodily harm or death.

(g) "Obstruct" means rendering ingress to or egress from a reproductive health care facility providing reproductive health services, or rendering passage to or from a reproductive health care facility, unreasonably difficult or hazardous. Obstruct includes, but is not limited to intentionally blocking or interfering with the safe or free passage of a pedestrian or occupied vehicle by any means, such as (1) intentionally causing a pedestrian to take evasive action to avoid physical contact, or (2) placing signs, tables, or chairs on the sidewalk such that the flow of pedestrian traffic is restricted or obstructed.

(h) "Reproductive health care facility" refers to a facility licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety code or any other facility that provides reproductive health services, exclusively or in addition to other health services. Reproductive health care facility does not include a licensed hospital or a clinic or other facility owned or operated by a licensed hospital.

(i) "Reproductive health care services" refers to all medical, surgical, counseling, referral, and informational services related to the human reproductive system.

(j) "True threat" means a statement in which the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular person or group of persons regardless of whether the person actually intends to act on the threat.

10.90.030 Interference with Access to Reproductive Health Care Facilities Prohibited

(a) The following is prohibited:

(1) Within one hundred (100) feet of the entrance of a reproductive health care facility, it shall be unlawful to willfully and knowingly approach within eight (8) feet of any person seeking to enter or exit the reproductive health care facility, or any occupied motor vehicle seeking to enter or exit the parking lot of such a facility, without the consent of such a person or vehicle occupant, for the purpose of harassing or intimidating such person or vehicle occupant.

(2) Obstruct access to or departure from any entrance to a building or driveway of a reproductive health care facility; or

(3) Fail to comply with a dispersal order as described in Section 10.90.040(C).

(b) Section 10.90.030(A) applies during, one hour before, and one hour after, a reproductive health care facility's posted business hours.

(c) Nothing in this Chapter shall preclude the enforcement of other state, federal, or municipal laws, including but not limited to those related to sidewalk and street obstructions, or prohibited noises.

10.90.040 Enforcement

(a) Criminal Enforcement. Any person who violates Section 10.90.030(A) shall be deemed guilty of a misdemeanor. Upon a first conviction for violation of Section 10.90.030(A), the person shall be incarcerated for up to ninety days, or fined up to $500, or both. Upon a subsequent conviction for violation of Section 10.90.030(A), the person shall be incarcerated for up to one-hundred-eighty days, or fined up to $1000, or both.

(b) Civil Enforcement. An aggrieved person may enforce the provisions of this chapter by means of a civil action in the Courts of the State of California. An aggrieved person includes any reproductive health care facility that is the site of a violation of this Chapter. Any person who violates any of the provisions of this Chapter shall be liable to the aggrieved person for special and general damages, but in no case less than $1000, attorneys' fees and the costs of the action. In addition, punitive damages may be awarded in a proper case.

(c) Dispersal Order. A law enforcement official may order the immediate dispersal of a gathering that continues to violate Section 10.90.030(A) after a verbal warning. A verbal dispersal order issued pursuant to this subsection (C) shall include the following statements: (1) the gathering has substantially violated Section 10.90.030(A) by harassing, intimidating or obstructing access to or departure from the reproductive health care facility; and (2) each member of the gathering shall, under the penalty of arrest and prosecution, immediately disperse and cease to stand or be located within at least 100 feet of an entrance to the reproductive health care facility. If the dispersal order is written and posted at the location of the reproductive health care facility, the order shall remain in effect until one hour after the close of business of the reproductive health care facility. This subsection (C) shall apply during, one hour before, and one hour after, the posted business hours of a reproductive health care facility.

(d) Nothing in this Chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law.