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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER I. IN GENERAL*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER I.
IN GENERAL*

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Editor's note--Ord. No. NS-636.00, § 1, adopted Aug. 7, 2001, repealed former Ch. I, §§ B13-1--B13-24. Section 3 of said ordinance enacted provisions designated as a new Ch. I, §§ B13-1--B13-14 to read as herein set out. Prior to inclusion of said ordinance, Ch. I pertained to similar subject matter. See the Code Comparative Table.

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Sec. B13-1. Automatic telephone calling devices.

(a) No person except a public utility engaged in the business of providing communications services and facilities shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will upon activation either mechanically, electronically or by other automatic means, initiate an intrastate call and deliver a recorded message to any telephone number, without the prior written consent of the affected telephone subscriber.

(b) The term "telephone number" includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with the subscriber to such primary number when the primary telephone number is in use.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-2. Fishing from Dunne Avenue bridge.

No person shall fish from the bridge which traverses Coyote Creek at the headwaters of the Anderson Reservoir at Dunne Avenue.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-3. Littering, obstructing streams.

(a) Prohibited. No person or persons shall place or throw, or cause to be placed or thrown, into any stream or creek within the County or into the bed or upon the banks thereof, any brush, timber, lumber, junk, cans, bottles or carcasses of any dead animals; provided that this section shall not apply to brush, timber or lumber, or other materials placed for the protection of the banks of streams and properly secured so as not to be carried away by the water.

(b) Reward. A reward of $50.00 is hereby offered by the County for information leading to the arrest and conviction of any person violating any of the provisions of this section.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-4. Littering reward.

A reward of $50.00 is hereby offered by the County for information leading to the arrest and conviction of any person for a violation of Penal Code § 374b.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-5. Loitering.

No person shall loiter or stand or sit in or upon any public highway, alley, sidewalk or crosswalk in the County so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same or so as in any manner to annoy or molest persons passing along the same.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-6. Obstructing entrances.

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

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-7. Possession of firearms on Santa Clara Valley Water District--Prohibited.

No person shall, while on or upon any lands, reservoirs or structures owned or operated by the Santa Clara Valley Water District, have in his possession or under his custody or control firearms of any kind.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-8. Same--Exceptions.

The provisions of Section B13-16 shall not apply to any peace officer, or any person employed by the County, the State, or by the United States to destroy predatory animals, birds, or pests as defined in Food and Agricultural Code § 5006, when acting in the course of his or her employment.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-9. Same--Signs.

Appropriate signs prohibiting the possession of firearms shall be erected and displayed, not less than three to a mile, along all exterior boundaries and at all roads and trails entering the lands of the Santa Clara Valley Water District.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-10. Restricted areas of public buildings.

(a) No person shall enter areas of public buildings of public agencies which are enclosed by signs reading "Employees Only--Not Open to the Public," and therein willfully disturb or interfere with the discipline, good order, activity, or administration of a public agency, or therein threaten, insult, or abuse a public officer or employee.

(b) Violation of this section shall be punishable as an infraction.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-11. Discharge of firearms in unincorporated territory entirely surrounded by a city prohibited.

No person shall discharge a firearm within any unincorporated territory of the County which is entirely surrounded by an incorporated city. The provisions of this section shall not apply to any peace officer while acting in the performance of official duty.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-12. Spray paint containers, marker pens--Defined.

As used in the following section, spray paint containers and marker pens shall have the following meaning:

(a) Spray paint containers means any container, regardless of the material from which it is made, that is made for or adapted to the purpose of spraying paint or any other solution capable of defacing property which cannot be removed with water after it dries.

(b) Marker pens means any indelible marker or similar implement with a writing tip exceeding four millimeters in width that contains a solution which cannot be removed with water after it dries.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-13. Same--Storage and display.

(a) It shall be unlawful for any person who owns, conducts, operates or manages a commercial, retail or wholesale establishment where spray paint containers or marker pens are sold to store or display, or cause to be stored or displayed, such spray paint containers and marker pens in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition.

(b) Nothing herein shall preclude the storage or display of spray paint containers and marker pens in an area viewable by the public so long as such items are not accessible to the public without employee assistance.

(Ord. No. NS-636.00, § 3, 8-7-01)

Sec. B13-14. Targeted picketing of residences prohibited.

(a) No person shall engage in picketing activity that is targeted at, and is within 300 feet of, a residential dwelling. A "residential dwelling" is a permanent building being used by its occupants solely for nontransient residential uses. "Targeted" picketing is picketing activity that is directed at a particular residential dwelling and proceeds on a definite course or route in front of or around that residential dwelling.

(b) A person who is aggrieved by acts prohibited by this section may bring an action in a court of competent jurisdiction for injunctive or declaratory relief and/or damages. The damages may include costs, attorneys' fees and such other relief as allowed by the court, including, but not limited to, a civil penalty in the amount of up to $1,000.00. These remedies are in addition to any other equitable or legal remedies available to the aggrieved person, and are in addition to remedies that may be available in the criminal process.

(Ord. No. NS-636.00, § 3, 8-7-01)

Secs. B13-15--B13-29. Reserved.