§ 5.71.080. Public nuisance.

Any PAT which is used as an instrumentality for or contributes substantially by its presences to any of the following conditions is hereby declared to be a public nuisance:

A.

Selling or giving away controlled substances (as defined in Division 10 of the California Health and Safety Code);

B.

Soliciting, agreeing to engage in, or engaging in an act of prostitution; or other criminal activity;

C.

Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to a license issued by the Department of Alcoholic Beverage Control;

D.

Loitering on nearby public or private property;

E.

Excessive noise;

F.

Disturbance of the peace, public drunkenness, harassment of passerby, gambling, public urination or lewd conduct.

As used in this Section, "loitering" shall mean standing, sitting, lying or remaining on any property under such circumstances that a reasonable person would conclude that the person who remains on the property does not have a purpose connected with the usual and ordinary use to which such property is put, does not have a bona fide intent to exercise a constitutional right, and is causing public inconvenience or annoyance.

( ORD-12-0010 , § 1, 2012)