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Home My WebLink About70-10 - Penalties for certain offenses, Disorderly Conduct4 ORDINANCE No. 70— /,D AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROVIDING FOR THE ENACTMENT OF PENALTIES FOR CERTAIN OFFENSES WITHIN THE CITY AND DECLARING THE URGENCY THEREFOR. THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the 1969 Legislature amended Section 647 of the Penal Code and that in compiling and enacting said amendment, language was omitted with the result that said section is imperfect and that it is in the best interest of the public and necessary for the health, safety, welfare and police protection of the citizens of the City of Costa Mesa that this section be enacted to be in force until such time as the 1970 State Legislature has had an opportunity to remedy their omission and that accordingly there is herewith adopted Sections 4220 and 4221 which are to be added to Chapter IV, Article 2 of the Costa Mesa Municipal Code which shall read as follows: "Sec. 4220. Disorderly Conduct. Every person who commits any of the following acts shall be 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 loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to identify himself and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands such identification. f. Who is found in any public 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 ob- structs or prevents the free use of any street, sidewalk or other public way. g. Who loiters, prowls or wanders upon the private property of another, in the nighttime, withoutvisible or lawful business with the owner or occupant thereof. h. 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. i. 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. In any accusatory pleading charging a violation of subdivision - 2 - ' (b) of this section, 1£ the defendant has been once previously convicted of a violation of this section or any similar penal code section, such previous conviction shall be charged in the accusatory pleading, and if such previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in the county jail for not less than forty-five (45) days and shall not be eligible for release upon completion of sentence, or on parole, or on any otherbasis until the defendant has served not less than forty-five (45) days in the county jail. In no such case shall the trial court grant probation or suspend the execution of sentence imposed upon such person. In any accusatory pleading charging a violation of subdivision (b) of this section, if the defendant has been previously convicted two or more times of a violation of such subdivision or any similar penal code section, each such previous conviction shall be charged in the accusatory pleading, and if two or more of such previous convictions are found to be true by the jury,, upon a jury trial, or by the court, upon a court trial, or are admitted to by the de- fendant, the defendant shall be imprisoned in the county jail for not less than ninety (90) days and shall not be eligible for release upon completion of sentence, or on parole, or on any other basis until the defendant has served not less than ninety (90) days in the county jail. In no such case shall the trial court grant probation or suspend the execution of sentence imposed upon such person. Sec. 4221. Penalty Any person convicted of a violation of any provision of this article shall be punishableby imprisonment in jail for a period not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500), or by both such fine and imprisonment." Sec. 4222. Registration Any person who has been or is hereafter convicted in the City of Costa Mesa, State of California, of any of the following - 3 - offenses shall in the discretion of the court be made to register with the State Bureau of Criminal Identification and Investigation as a sex offender as set out in California Penal Code Section 290. Section 4220, subsections a, b, d, and h of the Costa Mesa Municipal Code. SECTION 2. The City Council of the City of Costa Mesa hereby declaresthat this ordinance is an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the members of this community, and such ordinance shall take effect and be enforced immediately upon adoption hereof. Upon adoption by the Legis- lature of an effective Section 647 of the State Penal Code, or equivalent, this section shall, upon the effective date of such Penal Code section, or equivalent, be repealed and removed from the Costa Mesa Municipal Code. SECTION 3. This ordinance shalltake effect immediately upon its adoption and shall within 15 days after its passage be published once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. q rk PASSED AND ADOPTED THIS / / day of CJ,a e_$ 1970. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 70-10 was introduced and considered section by section at a regular meeting of the City Council of the City of Costa Mesa held on the /f rI day ofrj ,�, ritK� , 1970, and thereafter adopted as an urgency ordinance by the said City Council on said date by the following roll call vote: , / P.kle. AYES: COUNCILMEN: /Y lson'vr.�C� •�C'�a e� NOES: COUNCILMEN: _./VAL 4 _ ABSENT: COUNCILMEN:/6nr IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this Jo " day of , 1970. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) 1 am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am thebegal Advertising Manager of the ORANGE COAST DAILY PILOT, a newspaper of gen- eral circulation, printed and published in the City of Costo Mesa, County of Orange, State of California, and I certify --City Ordinance Number 70-10 of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper o Jarivary 26,1970 . 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed an January 26 197-0. at Costa Mesa, California. t�C �i (SIRiwN�7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No 70-10 _ was introduced and considered, section by section, a1 a regular meeting of the City Council of the City of Costa Mesa, held on theme_ day of January , 193O , and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 19th day of January , 1920, by the following roll -call vote: AYES: COUNCILMEN - WILSON. TUCKER, ST. CLAIR, JORDAN, PINKLEY _ NOES: COUNCILMEN - NONE ABSENT: COUNCILMEN NONE I FURTHER CERTIFY that said Ordinance No. 70-10 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 26th day of January ,199. 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