Title 9 PUBLIC PEACE, MORALS AND WELFARE

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1 Title 9 PUBLIC PEACE, MORALS AND WELFARE Chapters: 9.04 Unlawful Presence of Minor in Public Placl>- Curfew Hours 9.08 Weapons 9.09 Consumption of Alcoholic Beverages 9.10 Unlawful Operation of Motorized Vehicles and Discharge of Firearms and Other Weapons On and Within One Hnndred Feet of the Sacramento River Rail-Trail, Unlawful Discharge of Firearms and Other Weapons At and Within One Hundred Feet ofthe Keswick Lake Boat Launch Facility, and Nighttime Closure of the Sacramento River Rail-Trail and the Keswick Lake Boat Launch Facility 181 (Shasta County 10-01)

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3 Chapter 9.04 UNLAWFUL PRESENCE OF MINOR IN PUBLIC PLACE-CURFEW HOURS Sections: Definitions. Unlawful acts during curfew hours. Penalties and strict criminal responsibility Definitions. For the purpose of this chapter the following definitions apply: "Code" means the Shasta County Code, as it is presently written, or may hereafter be amended. "Curfew hours" means the period from ten p.m. on any evening of the week until six a.m. on the following day. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. "Establishment" means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. "Guardian" means: 1. A person who, under court order, is the guardian of the person of a minor; or 2. A public or private agency with whom a minor has been placed by a court. "Minor" means any person under eighteen years of age. "Parent" means a person who is a natural parent, adoptive parent, foster parent, or step-parent of a minor. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, public parking lots and the common areas of schools, hospitals, apartment houses, office bnildings, transport facilities, arcades, shops and shopping malls. "Responsible adult" means a person at least twenty-five years of age, authorized by a parent or guardian to have the temporary care and custody of a minor. "Serious bodily injury" means bodily injury that causes or creates a substantial risk of causing death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (Ord (part), 1999) Unlawful acts during curfew hours. A. It is unlawful for any minor to be present in any public place or on the premises of any establishment during curfew hours. B. It is unlawful for any parent or guardian of a minor to permit, or by insufficient lawful control to allow, a minor to be present in any public place or on the premises of any establishment during curfew hours. C. It is a defense to prosecution under subsections A and B of this section that the minor was: 1. Accompanied by the minor's parent or guardian, or by a responsible adult; 2. On an errand at the direction of the minor's parent or guardian, or a responsible adult, without any detour or stop; 183 (Shasta County 4-00)

4 In a motor vehicle engaged in interstate travel; 4. Engaged in an employment activity, or going to or returning home from an employment activity, without detour or stop; 5. Involved in an emergency; 6. On the sidewalk or property abutting the minor's residence with the permission of the minor's parent or guardian; 7. Attending a school, religious, recreational, or civic function supervised by adults or was exercising First Amendment rights protected by the United States Constitution; 8. Going to or returning from, without any detour or stop, a religious, recreational or civic function supervised by adults, or a place where the minor was exercising First Amendment rights protected by the United States Constitution; or 9. Married, has been previously married, or has been declared emancipated pursuant to law. (Ord (part), 1999) Penalties and strict criminal responsibility. A. Unless otherwise provided in this chapter or by state law, a violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1.08 of this code. B. This chapter is a safety and regulatory provision necessary for the protection of the public health, welfare and safety. Unless otherwise specifically provided in this chapter or by state law, in any criminal prosecution for a violation of this chapter it is not necessary to prove knowledge or criminal intent. (Ord (part), 1999) (Shasta County 4-00) 184

5 Chapter 9.08 WEAPONS Sections: Purpose. Prohibitions. Violation designated Purpose. This chapter is enacted for the purpose of protecting wildlife, persons and property within a radius of one mile of the Vista House at Shasta Dam. (Prior code 3350) Prohibitions. A. It is unlawful for any person to discharge any firearm or bow and arrow within a radius of one mile of the Vista House at Shasta Dam. B. It is unlawful for any person to take, kill, pursue, capture, annoy or attempt to take, kill, pursue or capture, any wildlife, bird, or animal within a one mile radius of the Vista House at Shasta Dam. (Prior code 3351) Violation designated. A violation of any provision of this chapter is a misdemeanor. (prior code 3352) 184a (Shasta County 4-00)

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7 Chapter 9.09 CONSUMPTION OF ALCOHOLIC BEVERAGES Sections: Possession or consumption of alcoholic beverages at Shasta Dam Possession or consumption of alcoholic beverages at Shasta Dam. A. Except as provided in subsection B of this section, it is unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage at the following locations between the hours of ten p.m. and six a.m.: I. Shasta Dam; 2. All Shasta Dam visitor areas; 3. All Shasta Dam visitor area parking lots. These areas are depicted and their boundaries deimed by the heavy line shown in Figure on file in the office of the county clerk. B. This prohibition shall not apply during such times as sponsored events are taking place provided that the sponsor has: I. Obtained any necessary alcoholic beverage control permit for the event; and 2. Obtained the authorization of the United States Department of the Interior, Bureau of Reclamation, for the consumption of alcoholic beverages. C. A violation of this section is an infraction. COrd , 1990) (Shasta COlmty Supp. No.3, 10 04)

8 Chapter 9.10 UNLAWFUL OPERATION OF MOTORIZED VEmCLES AND DISCHARGE OF FIREARMS AND OTHER WEAPONS ON AND WITHIN ONE HUNDRED FEET OF THE SACRAMENTO RIVER RAIL-TRAIL, UNLAWFUL DISCHARGE OF FIREARMS AND OTHER WEAPONS AT AND WITmN ONE HUNDRED FEET OF THE KESWICK LAKE BOAT LAUNCH FACILITY, AND NIGHTTIME CLOSURE OF THE SACRAMENTO RIVER RAIL-TRAIL AND THE KESWICK LAKE BOAT LAUNCH FACILITY Sections: Definitions. Unlawful operation of motorized vehicles. Unlawful discharge of a firearm or other weapon. Nighttime closure. Penalties and nuisance Definitions. For the purposes of this chapter the following dermitions shall apply: A. "BB device" means any instrument which expels a metallic, plastic, rubber, or other projectile, through the force of air pressure, compressed gas, or spring action. B. "Bow" and "crossbow" mean any device designed to shoot bolts, quarrels, or arrows of any length. C. "'Fireann" means any device from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion, including but not limited to, ri- fles, pistols, shotguns, starting pistols, flintlockrifles and pistols, muskets, and revolvers. D. "Keswick Lake boat launch facility" means the publicly maintained boat launch and parking facility located on the west side of Keswick Lake immediately to the north of the Spring Creek arm. E. "Motorized vehicle" means any selfpropelled device in, upon, or by which any person or property is or may be propelled, moved, or drawn, including but not limited to, cars, trucks, vans, motorcycles, motor-driven cycles, motorized bicycles, mopeds, motorized quadricycles, motorized tricycles, motorized scooters, motorized skateboards and snowmobiles. "Motorized vehicle" does not include a self-propelled wheelchair, invalid tricycle or motorized quadricycle when operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. F. "Operate" means to drive, steer, push, ride, use, park or leave standing a motorized vehicle. In order to operate a motorized vehicle, it is not necessary that the motor thereof be running. G. "Public entity" means any county, city, public district, public agency or authority, or other public or municipal corporation, the federal government, or any federal department or agency, state or state agency or department, or any school district. H. "Public highway" means any way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. I. "Public property" means land or waters which are owned, rented, leased, managed or maintained by a public entity (including all easements appurtenant thereto), and shall include, but not be limited to, all buildings, bridges, and structures thereon. (Shasta County Supp. No.3, 10-04) 184-2

9 J. "Sacramento River rail-trail system" means all of that pedestrian, bicycle and equestrian trail system and appurtenant connecting trails, maintained by public entities upon public property within the unincorporated area of Shasta County including, but not limited to, the abandoned railroad grade of the Southern Pacific Railroad between the terminus of the city of Redding Sacramento River trail and Shasta Dam, which generally parallels the course of the Sacramento River and Keswick Lake, and is located within Township 33 North, Range 5 West, Sections 20, 21, 32, 33; and Township 32 North, Range 5 West, Sections 4, 5, 8,9,16, 17, 18, 19,20, 21,28,29, ofthe Mount Diablo Meridian. K. "Sling" or "slingshot" means any device which throws a missile or other projectile by means of an elastic strip, length of strap or staff designed to hold and propel the missile or other projectile by hand. (Ord I (part), 2003) Unlawful operation of motorized vehicles. A. It is unlawful for any person, other than an employee or agent of a public entity acting within the scope of that employment or pursuant to the authority of that agency, to operate a motorized vehicle on any trail, or within one hundred feet from the center line of any trail, within the Sacramento River rail-trail system. I. It is not a violation of subsection A of this section for any person to operate a motorized vehicle on the abandoned Southern Pacific Railroad grade between the gate owned by the Bureau of Land Management located at the townsite of Matheson (in Section 32 of Township 33 North, Range 5 West, Mount Diablo Meridian) and the gate owned by the Bureau of Land Management located at the townsite of Motion (in Section 5 of Township 32 North, Range 5 West, Mount Diablo Meridian). 2. It is not a violation of subsection A of this section for any person to operate a motorized vehicle on any trail, or within one hundred feet from the center line of any trail, within the Sacramento River rail-trail system, who has in his or her possession valid and current written authorization to do so from the Shasta County sheriff or the field office manager of the Redding field office of the Bureau of Land Management, or their respective designee(s). 3. It is not a violation of subsection A of this section for any person to operate a motorized vehicle within one hundred feet from the center line of any trail within the Sacramento River rail-trail system so long as said motorized vehicle is located within the right-of-way of a public highway. (Ord I (part), 2003) Unlawful discharge of a firearm or other weapon. It is unlawful for any person to fire, discharge, shoot or utilize a firearm, BB device, crossbow, bow, sling or slingshot while located on any trail, or within one hundred feet from the center line of any trail, within the Sacramento River rail-trail system and at the Keswick Lake boat launch facility, or within one hundred feet thereof. (Ord I (part),2003) Nighttime closure. A. It is unlawful for any person, other than an employee or agent of a public entity acting within the scope of that employment orpursuant to the authority of that agency, to be present on any trail, or within one hundred feet from the center line of any trail, within the (Shasta County Supp. No.3, 10-04)

10 Sacramento River rail-trail system, between the hours of ten p.m. and five a.m. 1. It is not a violation of subsection A of this section for any person to be present on any trail, or within one hundred feet from the center line of any trail, within the Sacramento River rail-trail system, between the hours of ten p.m. and five a.m., who has in his or her possession valid and current written authorization to do so from the Shasta County sheriff or the field office manager of the Redding field office of the Bureau of Land Management, or their respective designee(s). 2. It is not a violation of subsection A of this section for any person to be present within the right-of-way of a public highway within one hundred feet from the center line of any trail within the Sacramento River railtrail system between the hours often p.m. and five a.m. B. It is unlawful for any person, other than an employee or agent of a public entity acting within the scope of that employment orpursuant to the authority of that agency, to be present at the Keswick Lake boat launch facility, or within one hundred feet thereof, between the hours of ten p.m. and five a.m. 1. It is not a violation of subsection B of this section for any person to be present at the Keswick Lake boat launch facility, or within one hundred feet thereof, who has in his or her possession valid and current written authorization to do so from the Shasta County sheriff or the field office manager of the Redding field office of the Bureau of Land Management, or their respective designee(s). (Ord (part), 2003) B. 1bis chapter is a regulatory provision necessary for the protection of the public health, welfare, and safety. In any criminal prosecution for a violation ofthis chapter, it is not necessary to prove knowledge or criminal intent. C. A violation of any provision of this chapter constitutes a public nuisance. (Ord I (part), 2003) Penalties and nnisance. A. A violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1.08 ofthis code. (Shasta County Supp. No.3, 10-04) 184-4

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