Sec. 19-1. - Courthouse building and grounds—Trespassing upon grass or flower beds.

It shall be unlawful for any person to trespass upon any grass plots or flower beds surrounding the court house building by standing, walking, sitting or reclining thereon.

(Ord. No. 51 § 1.)

Sec. 19-2. - Same—Picking, injuring, etc., flowers, shrubs, etc.^{2 [108]}

It shall be unlawful for any person to pick, break or in any way injure or destroy any flower, tree, shrub or bush standing or growing in or upon the grounds surrounding the court house building.

(Ord. No. 51 § 2.)

Sec. 19-3. - Same—Littering, spitting on, etc.^{3 [109]}

It shall be unlawful to deposit, place or throw any paper, fruit, fruit rinds, nut shells, wood, trash, filth or rubbish of any kind upon any grass plot or flower bed, or upon the walks, or to spit or expectorate upon any of the walks surrounding the court house building, or to spit or expectorate on or upon any of the floors, walls, stairs or steps of the court house building.

(Ord. No. 51 § 3.)

Sec. 19-4. - Same—Erection of signs, advertisements, etc., prohibited.^{4 [110]}

It shall be unlawful for any person to place or allow to remain any sign, sign board, placard or any advertisement of any kind upon any of the walks surrounding the court house grounds.

(Ord. No. 51 § 4.)

Sec. 19-5. - Same—Presence of dogs.^{5 [111]}

No person shall permit or allow his dog to lie, run or remain, or romp upon any of the grass plots or flower beds surrounding the court house building.

(Ord. No. 51 § 5.)

Sec. 19-6. - Littering of public property generally—Reward for conviction of violators of state law.^{6 [112]}

(a)

The county shall pay a reward of one hundred fifty dollars ($150.00) to each person who furnishes information leading to the arrest, prosecution and conviction of any person violating the provisions of Penal Code Section 374(b) or Vehicle Code Section 23112 to the extent that those sections prohibit the littering of public property.

(b)

A person, other than a peace officer, qualifies for payment of such reward by complying with each of the following requirements:

(1)

Personally observe the violation;

(2)

Make a prompt record of such violation to any appropriate enforcement agency having jurisdiction;

(3)

Give sufficient identifying information to enable the law enforcement agency to identify the violator;

(4)

At all times stand ready, willing and able to sign a misdemeanor complaint charging the violator with the offence, and to testify on behalf of the people of the state at any judicial proceedings;

(5)

Certification by the district attorney to the auditor that the person claiming the reward is in full compliance with this section.

(c)

The reward payable under this section shall only be payable if the conviction is obtained, and no more than one hundred fifty dollars ($150.00) shall be paid for each such conviction.

(Ord. No. 1083 §§ 2—4.)

Sec. 19-6.1. - Polystyrene food packaging.

(a)

Purpose. The purpose of this section is to decrease the use and presence of polystyrene products in order to promote the public health, reduce solid waste disposal and litter, protect air quality and the ozone layer, protect wildlife, livestock and the environment.

(b)

Findings. The board of supervisors does hereby find that:

(1)

Current available evidence shows that polystyrene foam food or drink containers create or contribute to significant health and litter problems in the county of Sonoma;

(2)

Polystyrene foam food or drink containers are an ubiquitous and light-weight source of litter. Because they are not biodegradable, they constitute a large portion of accumulated litter;

(3)

The light weight of polystyrene containers enables them to fly into county waterways and livestock enclosures where they may be ingested causing illness or death to wildlife and domestic animals or livestock;

(4)

Medical evidence exists suggesting that styrene, a toxic chemical, may leach into food or drink from polystyrene foam containers, jeopardizing the public health;

(5)

Available evidence shows that blowing agents used in polystyrene foam manufacture damage the ozone layer protecting the earth from dangerous ultraviolet radiation and may create lower-level air pollution. While some polystyrene foam manufacturers have begun to use less dangerous blowing agents which are less damaging to the environment, air quality and ozone protection continue to be threatened;

(6)

In addition, polystyrene foam food containers present a solid waste management problem in Sonoma County. Such containers require solid waste disposal in county landfills, which may experience fires. Evidence suggests that uncontrolled incineration of polystyrene foam may release toxic emissions threatening air quality and public health. Complex chemical reactions may occur releasing potentially harmful emissions or leachate;

(7)

The presence of polystyrene foam in the county's waste stream is particularly problematic because there is currently no market for the recycling of the polystyrene foam;

(8)

Alternatives to polystyrene foam food or drink containers are readily available in the form of paper or nondisposable packaging;

(9)

The collection of polystyrene litter and the disposal of polystyrene waste results in direct costs to the county;

(10)

These findings are based on information and recommendations contained in the director of public works' letter dated April 25, 1989 and the public health officer's letter dated March 23, 1989;

(11)

This section is consistent with the solid waste management plan of the county of Sonoma, and the legislative intent and findings of the state of California Solid Waste Management and Resource Recovery Act of 1972.

(c)

Definitions.

(1)

"Polystyrene foam" means any styrene or vinyl chloride monomer or polymer which is blown, molded or extruded into a foam-like material.

(2)

"Polystyrene foam food packaging" means any food packaging which contains any polystyrene foam.

(3)

"Person" or "anyone" means any natural person, firm, corporation, partnership or other organization or group, however organized.

(4)

"Food packaging" means all bags, sacks, wrapping, container, bowls, plates, trays, cartons, cups, straws and lids, on or in which any foods or beverages are placed or packaged or are intended to be placed or packaged.

(5)

"County premises" means all lands, water, buildings or premises owned by or leased to the county of Sonoma.

(d)

Violations and Penalties. Any person who, while on county premises, wilfully possesses, gives, receives, lends, offers or exposes for sale, uses, delivers, furnishes, transfers or disposes of any polystyrene foam food packaging is guilty of an infraction, punishable by a fine not exceeding two-hundred fifty dollars ($250.00).

(e)

Interpretation. This section is not intended and shall not be construed to apply to any substance or activity which is regulated by federal or state law or to unduly interfere with the achievement of federal or state regulatory activities. It is the intention of the board of supervisors that this section shall be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes which those enactments express.

(f)

Exemptions. The board of supervisors or its authorized agent may exempt an item or type of packaging from the requirements of this ordinance upon a showing that imposing the requirements of this section on that item would cause undue hardship. Items of polystyrene foam food packaging required to be purchased under contract entered into prior to or within six (6) months of the effective date of the ordinance codified in this chapter are exempt from the provisions of this section. The board of supervisors or its authorized agent may exempt an item or type of packaging in the case of a county concessionaire for a period not to exceed six (6) months from the effective date of said ordinance.

(Ord. No. 4013 § 1.)

Sec. 19-7. - Obstructing, etc., passage along, etc., or use of streets, sidewalks, tunnels, entrances to buildings, etc. ^[113]

(a)

No person shall stand in or upon any street, sidewalk or other public way open for pedestrian travel, or otherwise occupy any portion thereof in such a manner as to annoy or molest any pedestrian thereon, or so as to obstruct or unreasonably interfere with the free passage of pedestrians.

(b)

No person shall loiter in any tunnel, pedestrian subway, or on any bridge or overpass, or at or near the entrance thereto or exit therefrom, or at or near any abutment or retaining wall adjacent to such entrance or exit, or any retaining wall or abutment adjacent to any freeway, street or highway open and used for vehicular traffic, or adjacent to that portion thereof used for vehicular traffic, or on any public property in the proximity of such bridge, overpass or retaining wall or abutment.

(c)

No person shall sit, lie or sleep in or upon any street, sidewalk or other public way.

The provisions of this subsection shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any lawfully conducted parade; nor shall the provisions of this subsection apply to persons sitting upon benches or other seating facilities lawfully provided for such purpose.

(d)

No person shall sit or stand on or at the entrance of any church, hall, theater, school or other place of public assemblage in any manner so as to obstruct such entrance.

(e)

No person shall block, impede or obstruct any public place or any entrance, exit or approach to any place of business in or upon any public place in a manner calculated or with the intent to prevent, delay, hinder or interfere with the free passage therealong or there through of any other person who is entering, occupying or leaving any place of business, or who is performing any services or labor, or who is seeking or obtaining employment, or who is purchasing, selling, using, delivering, transporting or receiving any goods, wares, merchandise, services, entertainment, accommodations or articles, or who is attempting or seeking to do any of the foregoing; provided, that nothing contained herein shall apply to lawful picketing.

(f)

The provisions of this section shall not apply to encroachments permitted by the director of public works pursuant to Article III of Chapter 15

(Ord. No. 1152 §§ 1—6.)

Sec. 19-8. - Shooting, hunting, etc.—From or on road or highway prohibited. ^[114]

It shall be unlawful for any person to pursue, take, kill or destroy, hunt, shoot or shoot at any wild animal, game or bird, or to shoot or discharge any firearms from, or on any of the county roads or public highways within the county.

(Ord. No. 53 § 1.)

Sec. 19-9. - Consumption of alcoholic beverages on public streets.

It shall be unlawful for any person to consume any beer, wine or other alcoholic beverages at any time on any public highway, road, street, sidewalk, lane, alley or parking lot open for public use within the county of Sonoma.

(Ord. No. 1788 § 1.)

Sec. 19-10. - Public urination and defecation and exposure for purposes thereof.

(a)

The board of supervisors of Sonoma county hereby finds and declares that public urination and defecation and the exposure to public view of private parts for the purpose of urination or defecation are offensive to the community including those who become unwilling spectators of such acts. Such acts and the results of such acts are health hazards and also contribute to the deterioration of the county's appearance. County employees charged with the maintenance and preservation of roads, streets and public areas are unduly burdened with the task of removing and cleaning and restoring such public areas to their original condition. It is in the public interest and necessary to the public health, safety and welfare that public places and places exposed to public view be available for use and used and enjoyed by as many people as possible, free from such acts and the results of such public urination or defecation.

(b)

It shall be unlawful for any person over the age of ten (10) years to wilfully urinate or defecate in a public place or in a place exposed to public view.

(c)

It shall be unlawful for any person over the age of ten (10) years to wilfully expose his person or private parts for the purpose of urination or defecation in a public place or in a place exposed to public view in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region or pubic hair region is exposed to public view.

(Ord. No. 2416.)

Sec. 19-11. - Nudity prohibited on public property and on private property open to public view.

(a)

The board of supervisors of Sonoma County hereby finds and declares that the parks, playgrounds, beaches and places hereof shall be available for the use, benefit, recreation and enjoyment of all citizens and residents of this county; it is in the public interest, and necessary to the public health, safety and welfare that said places be utilized and enjoyed by as many persons as possible; the presence of persons in a state of nudity on any public property or on any private property open to public view from any public beach, playground, park, public place or public right-of-way, unreasonably interferes with the right of all persons to use and enjoy said places, discourages the use and enjoyment of said places, creates a nuisance, and is offensive to the senses of members of the public who wish to use and enjoy said places and who are unwillingly exposed to such conduct, is offensive to the senses of persons residing in the vicinity of such places and interferes with said residents' free use and comfortable enjoyment of their property; such conduct and behavior imposes an extraordinary and unusual burden on county employees charged with the maintenance of said places and the preservation of the safety and wellbeing thereof.

(b)

Except as otherwise provided in Section 20-16, it shall be unlawful for any person over the age of ten (10) years to appear in the unincorporated are of Sonoma County on or in any public place, or in any place open to the public or exposed to public view in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person, or any portion of the areola of the breast of any female person other than a female person breast-feeding a child, is exposed to public view or is not covered by an opaque covering.

(c)

It is the intent of this board of supervisors to prohibit nudity on public property and on private property open to public view even when such nudity is not sexually motivated or otherwise lewd.

(d)

This section shall not apply to live theatrical performances performed in a theater, concert hall or other similar establishment.

(e)

Upon the first conviction for violation of this section, every person so convicted is guilty of an infraction and shall be punished by a fine not exceeding fifty dollars ($50.00). Upon the second and each subsequent conviction for violation of this ordinance, every person so convicted is guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. No. 3918; Ord. No. 2422.)

Sec. 19-12. - Injuring or teasing a police dog.

No person shall injure, tease, agitate, kick, strike, torture or otherwise interfere with any police dog while said dog is in the custody of or being used by a law enforcement officer in the performance of his official duties.

As used in this section, police dog shall mean any dog specially trained for assistance to law enforcement officers.

(Ord. No. 3093 § 1.)

Sec. 19-13. - Display of material which is harmful to minors.

Display of material which is harmful to minors, as defined in Section 313 of the California Penal Code, in a public place, other than a public place from which minors are excluded, is prohibited, unless a device commonly known as a blinder rack is placed in front of such material, so that the lower two-thirds of the material is not exposed to view.

(Ord. No. 4749 § 2, 1994.)

Sec. 19-14. - Possession of firearms on county property prohibited.

(a)

Misdemeanor. Every person who brings onto or possesses on county property a firearm, loaded or unloaded, or ammunition for a firearm is guilty of a misdemeanor.

(b)

County Property. As used in this section, the term "county property" means real property, including any buildings thereon, owned or leased by the county of Sonoma (hereinafter "county"), and in the county's possession, or in the possession of a public or private entity under contract with the county to perform a public purpose, including but not limited to real property owned or leased by the county in the unincorporated and incorporated portions of the county, such as the County Fairgrounds in the city of Santa Rosa, but does not include any "local public building" as defined in Penal Code Section 171b(c), where the state regulates possession of firearms pursuant to Penal Code Section 171b.

(c)

Firearm. "Firearm" means any gun, pistol, revolver, rifle or any device, designed or modified 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. "Firearm" does not include imitation firearms or BB guns and air rifles as defined in Government Code Section 53071.5.

(d)

Ammunition. "Ammunition" means any ammunition as defined in Penal Code Section 12316(b)(2).

(e)

Exceptions. Section 9.14(a) does not apply to the following:

(1)

A peace officer as defined in Title 3, Part 2, Chapter 4.5 of the California Penal Code (Section 830 et seq.), whether active or honorably retired and authorized by law to carry a concealed firearm;

(2)

A guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, patrol operator, or alarm company operator, or uniformed security guard as these occupations are defined in Penal Code Section 12031(b) and who holds a valid certificate issued by the Department of Consumer Affairs under Penal Code Section 12033, while actually employed and engaged in protecting and preserving property or life within the scope of his or her employment;

(3)

A person holding a valid license to carry a firearm issued pursuant to Penal Code Section 12050;

(4)

The possession of a firearm by an authorized participant in a motion picture, television, video, dance, or theatrical production permitted by the county, or a ceremonial event permitted by the county including, but not limited to, a ceremonial event conducted by a veterans organization, when the participant lawfully uses the firearm as part of that production or event; provided, that when such firearm is not in the actual possession of the authorized participant, it is secured to prevent unauthorized use;

(5)

A person lawfully transporting firearms or ammunition in a motor vehicle on county roads;

(6)

A person lawfully using a target range operated by the Santa Rosa Junior College, the Sonoma County sheriff's department, or any other state or local law enforcement agency;

(7)

A federal criminal investigator or law enforcement officer;

(8)

A member of the military forces of the state of California or of the United States while engaged in the performance of his or her duty;

(9)

A person who brings onto or possesses on county property a firearm for the purpose of turning the firearm into the Sonoma County sheriff's department or any other public official or employee authorized to take possession of the firearm; or

(10)

The possession of a firearm for the purpose of conducting a fund-raising event by a registered nonprofit organization. Any firearm brought onto county property pursuant to this subsection shall at all times be secured with an appropriate trigger lock. In addition to the provisions of this Section 19-14, the county official responsible for the operation of the facility or property where the fund-raising event is to be conducted may establish and enforce additional requirements regarding the manner in which the firearms are displayed during the event.

(Ord. No. 5227 § 1, 2000; Ord. No. 5218 § 2, 2000.)

Sec. 19-15. - Camping and vehicle habitation, prohibited on public streets, etc.

(a)

Definitions. For the purposes of this section, the following definitions shall apply:

(1)

"Camper" means a structure designed to be mounted upon a vehicle (as defined by Section 670 of the California Vehicle Code) and which provides facilities for human habitation or camping purposes;

(2)

"Camping" means sleeping, cooking, setting up housekeeping, pitching a tent or other temporary shelter, and/or using camp paraphernalia; includes the verb, to "camp";

(3)

"House car" means a vehicle (as defined by Section 670 of the California Vehicle Code) originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached;

(4)

"Human habitation" means spending three (3) or more consecutive hours in a single or nearby location for the purpose of cooking, eating, cleaning, resting, recreating and/or sleeping.

(b)

Use of Vehicles for Human Habitation Prohibited. It shall be unlawful for any person or persons to use a vehicle, camper, house car, boat, or trailer for human habitation on or in any public street, alley way or parking area, or any privately owned off-street parking area which is held open for the common public use of retail customers.

(c)

Camping on Public Property Prohibited. It shall be unlawful for any person or persons to camp in any public park, on any public street or on any other public property, except in a designated public campground or by authority of a written permit issued by the county.

(d)

Camping on Private Property Prohibited Absent Owner Permission. It shall be unlawful for any person or persons to camp on any private property without first obtaining the written permission of the owner or other person(s) in lawful possession of the property.

(e)

Exceptions. Notwithstanding the prohibition against human habitation in vehicles and camping on public or private property, it is not the intent of this section to prohibit persons, when necessary for their safety or the safety of others, to pull off the public road and sleep, whether inside or outside their vehicles.

(f)

Penalty for Violation. Any person who violates this section is guilty of a misdemeanor. Except where other penalties are specified, each offense may be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by the imprisonment in the county jail not to exceed sixty (60) days, or by both such fine and imprisonment.

(Ord. No. 5508 § 1, 2004.)

Sec. 19-16. - Protection of defined channels and drainage easements.

(a)

No person, municipality, or public district shall commit or cause to be committed any of the acts hereinafter described:

(1)

Impair or impede or obstruct the natural flow of storm water or other water running in a watercourse or cause or permit the obstruction of a watercourse.

(2)

Deposit any material in a watercourse without complying with the provisions of Chapter 11 of this code.

(3)

Alter the surface of land so as to reduce the capacity of a watercourse.

(4)

Commit any act, within any easement dedicated for drainage purposes, that will impair the use of such easement for such purpose.

(5)

Place any material along the sides of a watercourse or so close to the side of a watercourse as to cause such material to be carried away by flood waters passing through the watercourse.

(6)

Deposit any material that contains paper, bottles, cans, lumber, garbage, organic matter or other material which will not readily become an integral part of the side of a watercourse.

(7)

Deposit car bodies or any unsightly material on the top or sides of any embankment that defines a watercourse.

(b)

For the purposes of this section, "watercourse" means any stream, or any manmade channel constructed to facilitate the use of water or convey storm water.

(Ord. No. 5819, § 8, 12-9-2008.)

Sec. 19-17. - Mobile vending near schools prohibited.

(a)

Mobile vending defined. For the purposes of this section, (mobile vending( means the offering or soliciting for sale, or the attempted or actual sale of, foodstuffs, goods, wares, merchandise, labor, or services, by any person on foot, from a temporary structure (such as a stall, tent, or table), or from a vehicle (such as a motor vehicle, bicycle, scooter, trailer, cart, wagon, or other form of conveyance).

(b)

Violation. It shall be unlawful for any person to engage in mobile vending within 500 feet of any property line of any school serving students 18 years of age or younger, except on weekends and legal holidays.

(c)

Exceptions. The provisions of this section shall not apply to the following:

(1)

The delivery or sale of pre-ordered goods or services to a private residence or business with the prior consent of the owner, occupant, lessee, or the designee of said persons, including but not limited to employees;

(2)

Mobile vending on school property with the consent of school authorities;

(3)

Mobile vending authorized by a valid use permit, cultural event zoning permit, county highway special event permit, or other similar permit or approval issued by the county; or

(4)

Mobile vending for the purpose of fundraising for nonprofit tax exempt organizations.

(d)

Penalty for violation. Any person violating or causing the violation of the provisions of this section shall be guilty of a misdemeanor. Except where other penalties are specified, each offense may be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment in the county jail for a term not to exceed sixty (60) days, or by both such fine and imprisonment.

(Ord. No. 5856, § I, 10-6-2009.)