10.04 Public Peace and Order
10.04.010 Disturbing the peace.
10.04.020 Obscene language.
10.04.030 Disorderly conduct
10.04.040 Public property--Damage.
10.04.050 Private property--Trespass.
10.04.060 Abuse or mutilation of trees.
10.04.070 Teasing, harming or interfering with police dogs.
10.04.080 Drinking--Public areas.
10.04.090 Drinking--Private parking lots.
10.04.100 Urination or defecation in public.
10.04.110 Blocking access to public or private places.
10.04.120 Impersonating a City employee, law enforcement or fire service officer, or public utility employee.
10.04.130 Blinder racks.
10.04.140 Prohibiting vehicle use for habitation or to sleep.
10.04.150 Drug free zones in City libraries.10.04.010 DISTURBING THE PEACE.
No person shall make in any place or suffer to be made upon his premises, or premises within his control, any noise, disorder, or tumult, to the disturbance of the public peace within the city. (Prior code § 59.01).10.04.020 OBSCENE LANGUAGE.
No person shall utter within the hearing of two 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. (Prior code § 59.02).10.04.030 DISORDERLY CONDUCT.
Every person is guilty of disorderly conduct, a misdemeanor:
(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 is unable to exercise care for his own safety or the safety of others, or by reason of his 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. (Ord. 1998-8 § 4 1998; Ord. 1983-17 § 1, 1983; Ord. 1969-32 § 1, 1969: prior code § 59.03).10.04.040 PUBLIC PROPERTY--DAMAGE.
Irrespective of any other provisions of this code, it is a misdemeanor for any person willfully or negligently to 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, 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 city. (Prior code § 59.05).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. (Ord. 1970-11 § 1, 1970; Ord. 1970-8 § 1, 1970: prior code § 59.07).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;
(c) Cause or permit any wire charged with electricity to come into contact with any street tree or shrub; or
(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. (Ord. 1998-8 § 4 1998; Prior code § 65.15).10.04.070 TEASING, HARMING OR INTERFERING WITH POLICE DOGS.
It shall be 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. (Ord. 1978-16 § 1, 1978).10.04.080 DRINKING--PUBLIC AREAS.
It is unlawful for any person to drink or possess any open container of beer, wine, or other intoxicating beverage on any public sidewalk, alley, street or highway. This section shall not be deemed to make punishable any such act or acts which are prohibited by the Vehicle Code or by any other law of the state. (Ord. 1982-3 § 1 (part), 1982; Ord. 1979-19 § 1, 1979).10.04.90 DRINKING--PRIVATE PARKING LOTS.
It is unlawful for any person to drink or possess any open container of beer, wine, or other intoxicating beverage upon that portion of private property open to the public and within five hundred feet of any public sidewalk, alley, street or highway, which is used or intended to be used for the parking or storage of motor vehicles by customers or employees of any business, commercial or industrial establishment without the express written permission of the owner, his agent, or person in lawful possession thereof. This section shall not be deemed to make punishable any such act or acts which are prohibited by the Vehicle Code or by any other law of the state. (Ord. 1982-3 § 1 (part), 1982; Ord. 1979-19 § 2, 1979).10.04.100 URINATION OR DEFECATION IN PUBLIC.
It is unlawful and an infraction for any person to urinate or defecate on public property or in any public place. (Ord. 1990-8 § 2, 1990; Ord. 1985-29 §1, 1985.)10.04.110 BLOCKING ACCESS TO PUBLIC OR PRIVATE PLACES.
(a) It is unlawful for any person acting alone or for two 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. (Ord. 1990-8, § 2, 1990; Ord. 1989-1 § 1, 1989.)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. (Ord. 1990-5 § 14, 1990).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. (Ord. 1995-5 § 1, 1995).10.04.140 PROHIBITING VEHICLE USE FOR HABITATION OR TO SLEEP.
It is unlawful:
(a) For any person to occupy or use or permit the occupation or use of any motor vehicles, trailer, camp car, motor home or other vehicle as defined in the California Vehicle Code for purposes of lodging, residence, guest accommodations, habitation or if such vehicle is not in transit as a place for sleeping within the City of San Mateo; or
(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; and
(c) For any maintenance or preparation connections of 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 for more than 8 hours in any seven consecutive days. (Ord. 1995-7 § 1, 1995).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
(Ord. 1999-16 § 1, 1999).