HomeMy Public PortalAboutTitle 09
TABLE OF CONTENTS
TABLE OF CONTENTS.....................................................................................1
TITLE 9SAFETY & CONDUCT..................................................................5
CHAPTER 9.01 VEHICLE TOWING SERVICES........................................5
9.01.010 Selection and Description...........................................................................................5
9.01.020 Release of Vehicle.......................................................................................................5
9.01.030 Removal or Suspension from List..............................................................................6
9.01.040 Miscellaneous Provisions............................................................................................6
9.01.050 Minimum Equipment Standards for Tow Trucks.....................................................7
9.01.060 Radio Dispatching Equipment...................................................................................7
9.01.070 Vehicle Storage...........................................................................................................7
9.01.080 Release of Vehicle.......................................................................................................7
9.01.090 Gate Fees.....................................................................................................................8
9.01.100 Hours of Operation.....................................................................................................8
9.01.110 Insurance.....................................................................................................................8
9.01.120 License Requirements.................................................................................................8
9.01.130 Inspection Requirements............................................................................................8
9.01.140 Schedule of Fees and Rates.........................................................................................8
9.01.150 Response Time............................................................................................................9
9.01.160 Protection of Vehicles.................................................................................................9
9.01.170 Inventory.....................................................................................................................9
9.01.180 Authorization for Repairs or Alterations..................................................................9
9.01.190 Duty to Obey Orders & Responsibilities at Scene.....................................................9
9.01.200 State to Govern Collection of Fees, Lien Sales, Abandoned Vehicles.......................9
9.01.210 Records Open to Inspection.......................................................................................9
9.01.220 Accessibility of Vehicles for Appraisal.....................................................................10
9.01.240 Changes in Order of Rotation..................................................................................10
9.01.250 Change of Ownership...............................................................................................10
9.01.260 Prohibited Acts.........................................................................................................10
9.01.270 Suspension or Removal of Towing Service..............................................................10
9.01.280 Reinstatement to Rotation List.................................................................................11
9.01.290 Appeal Procedure.....................................................................................................11
9.01.300 Notification of Private Party Tows Required..........................................................11
CHAPTER 9.02 ALARM DEVICES AND SYSTEMS....................................12
9.02.010 Purpose......................................................................................................................12
9.02.020 Definitions.................................................................................................................12
9.02.030 Administration/Regulation.......................................................................................12
9.02.040 User's Responsibility for Alarm Devices and Alarm Systems.................................12
9.02.050 False Alarms; No Response Policy...........................................................................12
9.02.060 Audible Alarm Shut-Off...........................................................................................12
9.02.070 Instruction for Operation of Systems.......................................................................13
9.02.080 Clearly Identifiable Address....................................................................................13
9.02.090 Notice of Name of Provider or Occupant.................................................................13
9.02.100 Response Upon Notification.....................................................................................13
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9.02.110 Dialers.......................................................................................................................13
9.02.120 Alarm Systems Terminating at the Town's Police Department..............................13
9.02.130 Fees and/or No Response for False Alarms.............................................................13
9.02.140 Violation/Infraction..................................................................................................14
CHAPTER 9.03 SMOKING POLLUTION CONTROL.................................15
9.03.010 Findings and Purpose...............................................................................................15
9.03.020 Definitions.................................................................................................................15
9.03.030 Regulation of Smoking in Town Owned Facilities..................................................16
9.03.040 Smoking Prohibited -- Elevators..............................................................................16
9.03.050 Hospitals and Health Care Facilities........................................................................16
9.03.060 Smoking Prohibited -- Public Meeting Rooms........................................................16
9.03.070 Smoking Prohibited -- Theaters and Auditorium...................................................16
9.03.080 Smoking Prohibited -- Public Restrooms.................................................................16
9.03.090 Smoking Prohibited -- Indoor Service Lines...........................................................16
9.03.100 Restaurants...............................................................................................................16
9.03.110 Regulation of Smoking in the Office Workplace.....................................................17
9.03.120 Smoking Prohibited in Public Areas at Various Places..........................................18
9.03.130 Cardroom Exception................................................................................................18
9.03.140 Posting of Signs Required.........................................................................................18
9.03.150 Compliance...............................................................................................................18
9.03.160 Where Smoking is Not Regulated............................................................................19
9.03.170 Penalty.......................................................................................................................19
9.03.180 Nonretaliation...........................................................................................................19
9.03.190 Severability...............................................................................................................19
CHAPTER 9.04 BINGO...................................................................................20
9.04.010 Bingo Authority........................................................................................................20
9.04.020 Definitions.................................................................................................................20
9.04.030 License Required......................................................................................................20
9.04.040 License Fee................................................................................................................20
9.04.050 License Application..................................................................................................20
9.04.060 Rules & Regulations for Licensee Conducting Bingo Games for Charity..............21
9.04.070 Posting and Keeping License....................................................................................21
CHAPTER 9.05 FESTIVALS............................................................................22
9.05.010 Definitions.................................................................................................................22
9.05.020 Permit Required.......................................................................................................22
9.05.030 Exemption.................................................................................................................22
9.05.040 Application for Permit - Time Requirement...........................................................23
9.05.050 Application for Permit - Fee Requirement..............................................................23
9.05.060 Application for Permit - Content.............................................................................23
9.05.070 Processing Application: Bonds.................................................................................24
9.05.080 Authority to Act........................................................................................................25
9.05.090 Separate Permit Required........................................................................................25
9.05.100 Processing Application - Revocation........................................................................25
9.05.110 Processing Application - Non-transferable..............................................................25
9.05.120 Penalty.......................................................................................................................25
9.05.130 Appeal Process..........................................................................................................25
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CHAPTER 9.07 UNCLAIMED LOST PROPERTY......................................26
9.07.010 Unclaimed Property..................................................................................................26
9.07.020 Custody.....................................................................................................................26
9.07.030 Rights of Owners: Proof Required...........................................................................26
9.07.040 Rights of Finders.......................................................................................................26
9.07.050 Money to be Deposited in General Fund.................................................................26
9.07.060 Property to be Sold or Used by the Town................................................................26
9.07.070 Charges.....................................................................................................................27
9.07.080 Proceeds to be Deposited in General Fund..............................................................27
9.07.090 Unsaleable and Unusable Property..........................................................................27
9.07.100 Dangerous and Perishable Property........................................................................27
9.07.110 Property Held as Evidence.......................................................................................27
9.07.120 Abandoned Property................................................................................................27
CHAPTER 9.09 DISTRIBUTION AND DISPLAY OF DRUG
PARAPHERNALIA............................................................................................28
9.09.010 Definitions.................................................................................................................28
9.09.020 Determination of Evidence.......................................................................................29
9.09.030 Penalty.......................................................................................................................29
9.04.040 Distribution of Drug Paraphernalia.........................................................................29
CHAPTER 9.10 DIVING PROHIBITED........................................................30
9.10.010 Diving From Bridges Prohibited..............................................................................30
9.10.020 Designated Diving Places..........................................................................................30
CHAPTER 9.11 SKIER RESPONSIBILITY..................................................31
9.11.010 Definition of Words and Phrases.............................................................................31
9.11.020 Assumption of Risk...................................................................................................31
9.11.030 Skier Duties - Misdemeanor.....................................................................................31
9.11.040 Skier Duties - Infraction...........................................................................................31
9.11.050 Skier Duties - General..............................................................................................31
9.11.060 Notice of Skier Duties...............................................................................................32
9.11.070 Skiers in Competition...............................................................................................32
9.11.080 Penalties....................................................................................................................32
9.11.090 Severability...............................................................................................................32
CHAPTER 9.12 PROHIBITION OF URINATING OR DEFECATING IN
PUBLIC...............................................................................................................33
9.12.000 Prohibition of Urinating or Defecating in Public....................................................33
CHAPTER 9.13 DISCHARGING A FIREARM..............................................34
9.13.010 Discharging a Firearm..............................................................................................34
9.13.020 Time Prohibition.......................................................................................................34
9.13.030 Time Prohibition Exceptions....................................................................................34
9.13.040 Penalties....................................................................................................................34
CHAPTER 9.14 PROHIBITION AGAINST OPEN CONTAINERS.........35
9.14.010 Prohibition Against Open Containers......................................................................35
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CHAPTER 9.15 PROHIBITION OF FIREWORKS.....................................36
9.15.010 Prohibition of Fireworks..........................................................................................36
9.15.020 Permitting.................................................................................................................36
CHAPTER 9.16 NUDITY ON PIERS AND IN PUBLIC PARKS...................37
9.16.010 Need ……………………………………………………………………………………37
9.16.020 Economic Need..........................................................................................................37
9.16.030 Prohibition................................................................................................................37
9.16.040 Violation....................................................................................................................37
CHAPTER 9.17 PROHIBITING LOITERING, OBSTRUCTING
SIDEWALKS, HIGHWAYS...............................................................................38
9.17.010 Prohibitions on Private Property Within the Town of Truckee.............................38
9.17.020 Prohibitions on Public Property...............................................................................38
9.17.020.1 Exceptions..............................................................................................................38
9.17.030 Penalties....................................................................................................................38
9.17.040 Severability Clause...................................................................................................39
CHAPTER 9.18 INTOXICATING LIQUOR, POSSESSION,
CONSUMPTION, ETC., IN PUBLIC PLACES PROHIBITED.....................40
9.18.010 Definitions.................................................................................................................40
9.18.020 Possession, Consumption, Etc., in Public Places Prohibited...................................40
9.18.030 Penalties for Violation..............................................................................................40
Title 9-4
TITLE 9 SAFETY & CONDUCT
CHAPTER 9.01 VEHICLE TOWING SERVICES
9.01.010 Selection and Description.
The Chief of Police shall maintain a rotation list for vehicle towing service to be used by the Town. The
rotation list shall contain three categories of eligible companies--light duty, medium duty, and heavy duty
jobs. Any towing company shall be qualified to be placed in the rotation tow list if it meets the following
criteria and has the appropriate equipment for the class:
1) The company, its employees, and equipment have and maintain in full force and effect at all
times all licenses and permits required by the State of California to conduct a towing
business in the state.
2) The company, its employees, and equipment are approved to tow vehicles by the California
Highway Patrol and such approval is at all times kept in full force and effect or the company,
its employees, and equipment have been certified by the Chief of Police or his/her designees
to meet the standards set forth in the California Vehicle Code. The applicant shall pay all
costs of such inspection, as determined by the Chief of Police.
3) The company, its employees, and equipment have and maintain in full force and effect at all
times public liability and workers compensation insurance in an amount equal to that
required by the California Highway Patrol or the Chief of Police, whichever is higher. Each
company shall enter into a specific indemnity and insurance agreement in a form approved
by the Town Attorney. Each policy of insurance shall name the Town as an additional
insured, make the company’s coverage primary, specify that the insurance cannot be
cancelled without thirty (30) days notice to the Town, and document the issuance of a
certification of insurance and policy endorsement to the Town prior to the commencement of
rotation towing. In the event of the cancellation of insurance, the company shall be
automatically removed from the rotation towing list.
4) The company shall have a facility within the Town of Truckee or within a thirty (30) minute
response time to Town limits under normal traffic conditions for its operations and the
storage of vehicles which, if within the Town, complies with the Town land use and zoning
regulations. Such compliance may be deferred by the Town Manager upon execution by
company of a judicially enforceable compliance agreement providing a specified time for a
lawful facility to be created or acquired.
5) Rates charged for Town tows shall be equal to or less than those approved by the California
Highway Patrol for tows in the Truckee area.
9.01.020 Release of Vehicle.
Vehicles stored must be released within two (2) hours of the owner’s demand, or at such time as may be
mutually agreed, upon proof of ownership or entitlement of use and tender of lawful fees to the permittee. The
permittee must accept cash or a valid bank credit card within limits imposed on the use of the card. If exigent
circumstances prevent prompt release of the vehicle, the storage fee shall be calculated at the time demand for
release was made. Failure to release vehicles promptly is grounds for removing permittee from the rotation
list.
The Chief of Police or his/her designee may require a Truckee Police Department Vehicle Release in the
following circumstances:
Vehicles stored or impounded under the authority of the California Vehicle Code as recovered
property or as evidence for an investigation. Storage authority codes:
CC Article 1 Section 13 -- Evidence
VC 22651(c) or 22653 -- Stolen
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VC 22651(o) -- Registration expired one (1) year
VC 22651(p) -- Unlicensed
VC 22651.7 -- Evading Vehicle
VC 22655.5 -- Public Offense
9.01.030 Removal or Suspension from List
.
Any company or driver may be removed or suspended from the list if:
1) The company, its officers, or drivers is or are convicted of a felony or misdemeanor violation
of any law regulating the requirements for its term to do business as a towing company in the
State of California.
2) The Police Chief determines, in the reasonable exercise of his/her discretion following an
administrative hearing conducted for that purpose, that the company, its officers or
employees have:
a) Engaged in conduct which violates the regulations of the State of California or the
California Highway Patrol concerning towing operations.
b) Engaged in conduct, either as a substantial single incident or as a continuing pattern
of behavior that gives the Chief of Police reasonable grounds to believe that
continued placement of the company on the rotation towing list is not in the best
interest of the Town for liability or law enforcement reasons. Such determination
must be established by substantial evidence in the record of the administrative
hearing.
In the event any company, its officers or employees dispute a decision of the Chief of Police to remove them
from the rotation towing list, the decision may be appealed to an independent hearing officer. The hearing
officer may be selected by the parties or through a private arbitration and mediation service. Each party shall
have the ability to disqualify one potential hearing officer, with or without cause. The costs of the hearing
officer shall be borne equally between the Town and the appellant. The arbitration shall be conducted in
accordance with the provisions of the California Arbitration Act. The decision of the hearing officer shall be
final and binding on all parties.
9.01.040 Miscellaneous Provisions.
Protection of Vehicles
. The company shall hold a vehicle impounded for special investigation (for example:
fingerprinting) until the Police Department authorizes its release in writing. The company shall maintain a
secured building for storage of impounded vehicles. If the storage facility of the company does not include a
secured building, the tow shall be assigned to the first company next on the rotation list possessing such a
facility.
Inventory.
The company, when assuming custody of any vehicle stored or impounded by police order, shall
inventory the contents of the vehicle open to view and in its unlocked compartments. This inventory shall be
signed jointly by the company or attendant and the peace officer ordering the tow and shall, in addition,
certify that any and all seals affixed by the Police Department are intact. By signature on this inventory, the
company acknowledges acceptance of full responsibility for the safe and proper town and storage of the
vehicle and for the security of all property therein.
Duty to Obey Orders & Responsibilities at Scene.
Each company called to the scene of a tow by a peace
officer shall abide by any lawful directions of the peace officer at the scene. The company shall remove all
hazards and debris from the location from which a vehicle is towed prior to leaving the scene of the tow.
Records Open to Inspection.
The Chief of Police may inspect a company’s business records during normal
business hours. The company shall maintain adequate records to include the description of vehicles, nature of
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service, time and location of the call, length of towing time from location to storage, and the disposition of the
vehicle.
Changes in Order of Rotation.
The Police Department may deviate from the order of normal rotation if, in
the Department’s judgment, deviation is necessary to protect the public health, safety, and/or welfare or to
ensure proper traffic, incident, or accident management. A change from the normal rotation does not cause the
loss of handling the next normal turn by either the company judged incapable of handling the request or by
the rotation operator who responded. (ORD 98-02 04-16-98)
9.01.050 Minimum Equipment Standards for Tow Trucks
Each permittee shall have at least two (2) fully equipped tow trucks operational at all times. New or broken-
down tow trucks must pass inspection before placing them in service. Each tow truck shall meet the
following minimum standards:
(a) Truck chassis. At least one-ton capacity with dual rear wheels or equivalent;
(b) Company name. Each vehicle shall be marked as required by Section 27907 of the Vehicle Code of
the State;
(c) Lights. Each vehicle shall be equipped with lighting equipment required by the Vehicle Code of the
State, plus one white utility light (adjustable or portable), and may be equipped with such other lights
as the permittee desires, notwithstanding provisions of the Vehicle Code of the State;
(d) Winch. Each vehicle shall have one chassis mounted power-driven winch equipped with safety dogs
or equivalent braking devices with a minimum cable length of l00 feet;
(e) Additional equipment. Each vehicle shall have:
1. A flashlight in operating condition;
2. A dustpan or square-bladed shovel;
3. A crowbar or prybar;
4. Material capable of absorbing five gallons of spilled petroleum
products;
5. A rope or strapping implement for securing steering wheels;
6. Miscellaneous handtools, such as hammers, screwdrivers, or wrenches;
7. A set of dollies;
8. Safety chain;
9. A device intended and manufactured to protect impact-resistant vehicle bumpers;
and
10. Brooms, tag lights, and other equipment required by the Vehicle Code of the State.
9.01.060 Radio Dispatching Equipment
Each tow truck shall be equipped with communications between the tow truck and its dispatcher. Dispatching
shall be from a central dispatching point available by telephone 24 hours per day. For the purposes of this
section, citizens' band radio equipment shall satisfy the communications equipment.
9.01.070 Vehicle Storage
Each permittee shall maintain a clean and orderly storage facility (lot or building) providing sufficient space
for all vehicles towed by the service. The storage facility shall be enclosed with substantial fencing, at least
six feet high, capable of protecting stored vehicles and their contents from theft or tampering. Gates and
buildings shall be securely locked when not in use, and the facility shall be reasonably screened from public
view. All outside lighting shall be arranged and shielded so as to prevent any nuisance, inconvenience, or
hazardous interference to adjoining streets or property. Storage facilities shall be within one mile of the Town
limits.
9.01.080 Release of Vehicle
Vehicles stored must be released within two (2) hours of the owner's demand, or at such time as may be
mutually agreed, upon proof of ownership or entitlement of use and tender of lawful fees to the permittee.
The permittee must accept cash or a valid bank credit card within limits imposed on the use of the card. If
exigent circumstances prevent prompt release of the vehicle, the storage fee shall be calculated at the time
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demand for release was made. Failure to release vehicles promptly is grounds for removing permittee from
the rotation list.
Permittee shall require a Truckee Police Department Vehicle Release in the following circumstances:
(a) Vehicles stored or impounded under the authority of the Vehicle Code of the State as recovered
property or as evidence for an investigation. Storage authority codes:
CC Article 1 Section 13 -- Evidence
VC 22651(c) or 22653 -- Stolen
VC 22651(o) -- Registration expired l year
VC 22651(p) -- Unlicensed
VC 22651.7 -- Evading vehicle
VC 22655.5 -- Public offense.
9.01.090 Gate Fees
Gate fees shall not exceed the amount specified in the tow schedule. A gate fee applies only to vehicles
released from storage during non-business hours. Only one gate fee may be charged per vehicle. Non-
business hours are defined as hours between 6:00 PM and 6:00 AM, each day.
9.01.100 Hours of Operation
Permittee shall render available one employee to respond to police and citizen requests for release of vehicles,
twenty-four (24) hours per day, seven (7) days per week, including holidays.
9.01.110 Insurance
The Town and/or its Town Council and/or its officers and/or its employees, shall not be responsible for any
loss or damages arising from towing and storage of vehicles or the performance of any requirement imposed
by this chapter or law. As a condition of being granted a permit and being placed on the rotation list, the
permittee shall defend, indemnify, and save harmless the Town, the Council, and Town officers and
employees from any suits, claims, or actions brought, or disease or illness or damages sustained or arising out
of the operation of towing services and storage of vehicles and arising out of the performance of any
requirement of this chapter. The permittee shall maintain public liability insurance, primary coverage, in
amounts established by the Vehicle Code of the State or by resolution of the Town Council, whichever is
higher. Policy expiration dates and any notice of cancellation shall be forwarded to the Traffic Officer of the
Police Department. Without insurance, a permittee shall be removed from rotation. Permittee shall further be
responsible at actual cash value for customer vehicles and contents as provided by law. A certificate of
insurance for workers' compensation shall be provided to the Town. The Town Finance Director shall be
furnished with a certificate of insurance for the above coverage providing not less than thirty (30) days notice
of cancellation to the Town.
9.01.120 License Requirements
The permittee shall possess and insure that each attendant possesses a valid California driver's license as
outlined in Section 12804 of the Vehicle Code of the State.
9.01.130 Inspection Requirements
The permittee shall render available all tow trucks and the storage facility for inspection by the representative
of the Chief of Police upon request of the Police Department.
9.01.140 Schedule of Fees and Rates
The Town Council shall by resolution establish the authorized chargeable fees and fees for each normal
rotation request. For towing services, the permittee may charge no more than the authorized rate set by the
Town Council. The rate for road service calls and for towing to points other than the permittee's established
storage facility at the request of the vehicle owner or agent shall be negotiated between the permittee or
attendant and the vehicle owner or agent thereof.
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9.01.150 Response Time
Not less than one tow truck and attendant shall be able to respond to any location within the geographical
limits of the Town within fifteen (15) minutes during business hours and forty-five (45) minutes during non-
business hours. In the event of the unreasonable delay in time taken for the response, Police Department
personnel charged with calling the permittee shall evaluate the length of delay, and if, possible, the reason for
the delay. If, in the judgment of the Police Department personnel, the tow will be unreasonably delayed, they
may call another permittee and the tow will then be handled by that designated permittee. For purposes of
this section, twenty (20) minutes tow service will be the normally accepted time prior to the time evaluation
procedures commence. In the event a vehicle of greater weight than a private passenger auto, station wagon,
or unladen pickup truck must be removed, the Police Department will notify the permittee on the rotation list
next in the line qualified to handle the assignment.
9.01.160 Protection of Vehicles
The permittee shall hold a vehicle impounded for special investigation (for example, fingerprinting) until the
Police Department authorizes its release in writing. The permittee shall maintain a secured building for
storage of impounded vehicles. If the storage facility of the permittee does not include a secured building, the
tow shall be assigned to the first permittee next on the rotation list possessing such a facility.
9.01.170 Inventory
Permittee, when assuming custody of any vehicle stored or impounded by police order, shall inventory the
contents of the vehicle open to view and in its unlocked compartments. This inventory shall be signed jointly
by the permittee or attendant and the peace officer ordering the tow and shall, in addition, certify that any and
all seals affixed by the Police Department are intact. By signature on this inventory, the permittee
acknowledges acceptance of full responsibility for the safe and proper tow and storage of the vehicle and for
the security of all property therein.
9.01.180 Authorization for Repairs or Alterations
Permittee shall refrain from making any repairs or alterations to a vehicle without first being authorized by
one of the persons authorized to order such repairs, or their insurance carriers or their duly authorized agents.
Parts and accessories shall not be removed from vehicles without authorization, except as necessary for
security purposes. Under such circumstances, the parts or accessories removed shall be listed on the
appropriate records and stored in the business office of the permittee, subject to examination. Nothing in this
section shall be construed to prohibit permittee or attendants from making emergency alterations necessary to
permit the removal of the vehicle.
9.01.190 Duty to Obey Orders & Responsibilities at Scene
Each permittee called to the scene of a tow by a peace officer shall abide by any lawful directions of the peace
officer at the scene. The permittee shall remove all hazards and debris from the location from which a vehicle
is towed prior to leaving the scene of the tow.
9.01.200 State to Govern Collection of Fees, Lien Sales, Abandoned Vehicles
(a) Nothing in this Chapter shall be construed to modify State law regarding fee collection and the
conduct of lien sales for storage and disposition of abandoned vehicles, or the State licensing
requirements thereof. The method of paying tow and storage fees shall be governed by Section
22658(k) of the Vehicle Code of the State.
(b) No abandoned vehicle shall be stored with a permittee unless such permittee possesses a valid
dismantler's license issued pursuant to Section 11500 of the Vehicle Code of the State.
9.01.210 Records Open to Inspection
The Chief of Police may inspect a permittee's business records during normal business hours. The permittee
shall maintain adequate records to include the description of vehicles, nature of service, time and location of
the call, length of towing time from location to storage, and the disposition of the vehicle.
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9.01.220 Accessibility of Vehicles for Appraisal.
(a) Permittee shall make each vehicle, except impounded vehicles, available during normal business
hours to the owner or owner's representative for the purpose of estimating damages to the vehicle and
appraising its value.
(b) Permittee shall provide the Police Department with access to each stored vehicle. Permittee or
drivers of permittee shall respond to their office or tow yard facility when requested by Truckee
Police personnel for the purpose of police-related investigation. The time period for response shall
not exceed one hour. A stored vehicle shall be released to its owner or owner's representative upon
payment of the authorized fee, and charges. All personal property within the vehicle shall be released
to the owner or owner's representative upon request, even though the vehicle is retained in storage,
except in cases of impounded vehicles, in which case the permittee shall not release any part of the
impounded vehicle or its contents without written consent from the Police Department.
A request for vehicle towing, emergency road service, or any other nontowing service calling for a response
by a permittee is a rotation turn, except when:
(a) No compensation for services provided is charged; or
(b) A citizen requests the services of a specific permittee. Permittee shall not assign calls to other firms.
In the event a permittee is unable to respond or will be delayed in responding, the Truckee Police
Communications shall be notified immediately.
9.01.240 Changes in Order of Rotation
The Police Department may deviate from the order of normal rotation if the permittee next on rotation is, in
the Department's judgment, incapable or improperly equipped for handling a specific task. If no permittee on
the rotation list has the necessary skills or equipment to handle a specific task, the Police Department may
request the service from an operator capable of handling the request. A change from the normal rotation does
not cause the loss of handling the next normal turn by either the permittee judged capable of handling the
request or by the rotation operator who responded.
9.01.250 Change of Ownership
Any change in controlling interest of ownership of a tow service by a permittee will automatically result in
removal of its business from the Police Department rotation list.
9.01.260 Prohibited Acts
It is unlawful for:
(a) A permittee not on the rotation list to remove and tow a vehicle from the public right-of-way, unless
the owner or driver of the vehicle has requested it;
(b) A permittee, agent, or employee to solicit towing service without first having been called, or
authorized by the owner or operator of the vehicle or by the Police Department.
(c) A permittee to perform towing services governed by this Chapter in violation of any of the provisions
of this Chapter.
9.01.270 Suspension or Removal of Towing Service.
(a) The Chief of Police may reprimand or temporarily suspend a permittee from the rotation list if the
permittee fails to comply with this Chapter. The Chief of Police shall use the following as a guide for
disciplinary action against a permittee for violations investigated and found true:
lst violation within 12 consecutive months -- written reprimand;
2nd violation within 12 consecutive months -- 30-day suspension;
3rd violation within 12 consecutive months -- 90-day suspension;
4th violation within 12 consecutive months -- 1-year suspension.
In the event of suspension, the Chief of Police shall give the permittee written notice of the reasons for
suspension twenty-four (24) hours in advance of suspension. The permittee may appeal the decision of the
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Chief of Police in the manner provided by this Chapter.
(b) Upon recommendation of the Chief of Police, after investigation and finding, the Town Manager
may remove a permittee from the rotation list when the conduct or operation of a permittee is deemed
to be a danger to the motoring public or a permittee is in gross violation of this Chapter and/or
provisions of the Tow Service Agreement between the Town and permittee.
9.01.280 Reinstatement to Rotation List
After a permittee has been removed from the rotation list, the permittee may reapply to the Police Department
no sooner than one year after the termination.
9.01.290 Appeal Procedure
Any applicant who desires to appeal any decision of the Chief of Police under this chapter may, within ten
(10) days of the mailing of notice of the decision of the Chief of Police, file a written notice of appeal with the
Town Manager. The applicant is entitled to reasonable notice of the time and place of the hearing of the
appeal by the Town Manager and is entitled to be personally present, to be represented by an attorney, to call
witnesses, and to hear and examine responsible personnel and all witnesses called in support of the Chief's
decision. The hearing shall not be governed by the rules of evidence nor normal courtroom procedures. The
Town Manager's decision shall be final. (ORD 93-29 10-21-93)
9.01.300 Notification of Private Party Tows Required
Any individual or business organization holding a permit under this Chapter, upon executing a private party
tow, shall notify the Town Police Department of the Tow within one hour after its completion. Such
notification may be made by telephone call or facsimile and shall include at least the following information:
the license/VIN numbers of the vehicle, the make, model and color of the vehicle, the reason for the tow, the
time of the tow, the location from which the vehicle was removed, and the person to contact for further
information. (ORD 99-11 12-16-99)
Title 9-11
CHAPTER 9.02 ALARM DEVICES AND SYSTEMS
9.02.010 Purpose
The purpose of this Chapter is to encourage the proper and effective use of alarm devices and alarm systems
by setting forth regulations governing the installation, maintenance and use of various alarm devices and
alarm systems within the Town of Truckee.
9.02.020 Definitions
For the purpose of this Chapter, certain words and phrases shall be construed herein as set forth in this section
unless it is apparent from the context that a different meaning is intended.
(a) ALARM COMPANY OPERATION means any person, business, or other entity operating for any
consideration which engages in the installation, maintenance, alteration or servicing of alarm systems
or which responds to such alarm systems.
(b) ALARM SYSTEM means an assembly of equipment and devices arranged to signal the presence of a
hazard requiring urgent attention.
(c) DIRECT DIAL TELEPHONE DEVICE means any device, including tape dialers, which will
automatically dial a telephone number maintained by the Town's Police Department.
(d) FALSE ALARM shall mean any activation of an alarm system by failure, malfunction, accidental
tripping, misoperation, misuse or negligent maintenance by the misoperation, misuse or negligent
maintenance by the owner or lessee of the alarm system or his employee or agent or any other
activation of an alarm system that results in a response by the Town's Police Department where an
emergency situation does not exist, except excusable alarms caused by severe weather conditions,
telephone line problems, or any factor over which the user, alarm company and Town's Police
Department lack control.
(e) LOCAL ALARM SYSTEM shall mean any audible alarm system that can be heard from the exterior
of any structure.
(f) USER shall mean any person, business or other entity which owns or is entitled to possession of any
premises on which an alarm system has been installed.
(g) SUPPLIER OF EMERGENCY SERVICES shall mean any governmental agency supplying law
enforcement, fire, medical or other emergency services, including, but not limited, the Town's Police
Department.
9.02.030 Administration/Regulation
The provisions of this Article shall be administered and enforced by the Chief of Police. The Chief is
authorized to make inspections of alarm systems and of the premises upon which said systems are located,
and to make and enforce such rules and regulations as are necessary to implement the provisions of this
Article.
9.02.040 User's Responsibility for Alarm Devices and Alarm Systems
The user of an alarm device or alarm system shall be responsible for the proper installation, maintenance and
use of said device or system in order to insure that it does not produce any false alarms.
9.02.050 False Alarms; No Response Policy
The Chief is authorized to implement such procedures and practices as may reasonably be necessary to
reduce false alarms in the Town. This may include a "No Response" policy on the part of the Town's Police
Department to alarms at locations which have repeated instances of false alarms. Copies of the rules and
regulations adopted pursuant to this Article shall be on file for public inspection in the Chief of Police.
9.02.060 Audible Alarm Shut-Off
It is unlawful to operate an audible alarm system which does not shut off within a maximum time of fifteen
(15) minutes from the time of activation. This may be accomplished with either an automatic cut-off or by
manual operation. If the alarm system has an automatic cut-off with a re-arming phase, the re-arming phase
Title 9-12
must be able to distinguish between an open and closed circuit, and, if the circuit is broken, the system will
not re-arm.
9.02.070 Instruction for Operation of Systems
Each alarm company operator shall provide accurate and complete instructions to the alarm system user in the
proper use and operation of said system. Specific emphasis shall be placed on the avoidance of false alarms.
All businesses which sell alarm systems, but which are not alarm company operators as defined in this
Article, are similarly responsible for instructing the buyer of the alarm system in the proper use of said
system.
9.02.080 Clearly Identifiable Address
Each alarm user shall have the address of the location of the alarm, whether business or residence, clearly
identifiable from the road on which it is located. The numbers on the posted address shall not be less than
three (3") inches in height and in block style. Alarms without properly posted and clearly identifiable
addresses will not be responded to until compliance with this section is achieved.
9.02.090 Notice of Name of Provider or Occupant
Every audible alarm system shall have a sign or notice posted on or near the audible device with the name and
telephone number of the person or company responsible for providing the maintenance of the system. The
notice shall be posted in such a position as to be readable from ground level outside and adjacent to the
building. All silent alarm systems shall have a notice on the premises which provides the same information.
9.02.100 Response Upon Notification
Upon notification by the Town's Police Department, the person or company who is the alarm user, or
representative of same, shall properly proceed within at least thirty (30) minutes to the location of the alarm
activation and render necessary service. This service shall include, when necessary, the opening of the
premises so that it may be searched.
9.02.110 Dialers
Any alarm system which, when activated, causes an alarm to be sent by self-dialing, pre-recorded voice
notification units, are hereby prohibited from dialing any telephone number maintained by the Town's Police
Department. The Police Department will not respond to calls placed by such devices.
9.02.120 Alarm Systems Terminating at the Town's Police Department
It shall be unlawful for any alarm system to terminate directly at the Police Department, whether or not said
alarm system signal is transmitted by pre-recorded dialing devices; telephone lines, radio waves or other
means, unless specifically authorized, in writing, by the Chief. Alarm systems which terminate directly at the
Police Department will normally include only those alarms originating at a tax supported facility.
9.02.130 Fees and/or No Response for False Alarms.
(a) Any user of an alarm device or alarm system which produces the following false alarms within the
following periods, shall pay a fee to the Town of Truckee as and for reimbursement of police
expenses incurred as a result of responding to the false alarms:
1. For three (3) or more false alarms within a 60-day period, the user shall pay a fee of
$35.00.
2. For a fourth false alarm within a 90-day period, the user shall pay a fee of $70.00.
3. When five (5) or more false alarms are received within a 180-day period, the Town's
Police Department will cease responding to alarm activations at the alarm location for
a period of 180 days or until the Department receives satisfactory written evidence
from a licensed alarm company that the cause of the false alarms has been determined,
the problem has been corrected, and that the users of the alarm system have been
trained in its proper use.
Title 9-13
9.02.140 Violation/Infraction.
(a) Violation of the provisions of this Chapter shall be an infraction and upon conviction thereof there
shall be a mandatory fine imposed as follows:
1. For a first violation, a fine of One Hundred ($100.00) Dollars.
2. For a second violation of the same subsection within a twelve (12) month period, a
fine of Two Hundred ($200.00) Dollars.
3. For a third or subsequent violation of the same subsection within a twelve (12) month
period, a fine of Five Hundred ($500.00) Dollars. (Authority: Government Code
Section 25132)
(b) The Chief of Police shall be designated as the alarm systems and devices enforcement officer and
shall be responsible for the enforcement of this Chapter. The enforcement officer may deputize one
or more employees of the Department to carry out the duties of the enforcement officer.
(ORD 94-05 03-03-94)
Title 9-14
CHAPTER 9.03 SMOKING POLLUTION CONTROL
9.03.010 Findings and Purpose
The Town Council of the Town of Truckee hereby finds that:
(a) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and
(b) Reliable studies have shown that breathing second-hand smoke is a significant health hazard for
certain population groups, including elderly people, individuals with cardiovascular disease, and
individuals with impaired respiratory function, including asthmatics and those with obstructive
airway disease; and
(c) Health hazards induced by breathing second-hand smoke include lung cancer, heart disease,
respiratory infection, decreased exercise tolerance, decreased respiratory function,
bronchoconstriction, and bronchospasm; and
(d) Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing
second-hand smoke may experience a loss of job productivity or may be forced to take periodic sick
leave because of adverse reactions to same; and
(e) Numerous studies have shown that a majority of both nonsmokers and smokers desire to have
restrictions on smoking in public places of employment.
(f) Accordingly, the Town Council finds that the health, safety, and general welfare of the residents of,
persons employed in, and persons who frequent this Town would be benefited by the regulation of
smoking in enclosed places, including places of employment.
9.03.020 Definitions
The following words and phrases, whenever used in this Chapter, shall be construed as defined in this
Section:
(a) "Bar" means an area which is devoted to the serving of alcoholic beverages and in which the service
of food is only incidental to the consumption of such beverages.
(b) "Bingo facility" means any enclosed place in which and during such time as any bingo game,
permitted under the provisions of this Code is being conducted.
(c) "Employee" means any individual who is employed by any employer in consideration for direct or
indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit
entity.
(d) "Employer" means any person that employs the services of one or more individuals.
(e) "Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress.
(f) "Place of Employment" means any enclosed area under the control of an employer which employees
normally frequent during the course of employment, including, but not limited to, work areas,
employee lounges, restrooms, conference rooms, classrooms, cafeterias, and hallways.
Notwithstanding the preceding sentence, none of the following is a place of employment:
1. A private residence is not a place of employment unless it is used as a child-care or a
health-care facility;
2. A bingo facility.
(g) "Public Places" means any enclosed area to which the public is invited or in which the public is
permitted, including, but not limited to: banks, educational facilities, health facilities, public
transportation facilities, reception areas, retail food production and marketing establishments, retail
service establishments, retail stores, theaters, and waiting rooms, unless such place is subject to
another definition set forth in this Section.
(h) "Restaurant" means any coffee shop, cafeteria, tavern, private or public school cafeteria, and any
other eating establishment, which gives or offers food for sale to the public, guests, patrons, or
employees, except that the term "restaurant" shall not include a cocktail lounge or tavern if said
cocktail lounge or tavern is a "bar" as defined in subsection (a) above.
(i) "Service Line" means any indoor line at which one or more individuals is waiting for or receiving
service of any kind, whether or not such services includes the exchange of money.
(j) "Smoking" means the carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or any
other lighted smoking equipment or the lighting of or the emitting or inhaling the smoke of a pipe,
cigar, or cigarette of any kind.
Title 9-15
(k) "Sports Arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools,
roller and ice rinks, bowling alleys, and other similar places where members of the public assemble to
engage in physical exercise, participate in athletic competition or witness sports events.
9.03.030 Regulation of Smoking in Town Owned Facilities
Smoking is prohibited in all buildings, vehicles, or other enclosed areas occupied by Town staff, owned or
leased by the Town, or otherwise operated by the Town except in areas where the Town Manager may
designate as smoking areas. The Town Manager may designate a smoking area only if the area involved:
1. Is not regularly open to the public; and
2. Does not require major room or building modification; and
3. Is not regularly occupied by non-smokers.
In any dispute arising out of the smoking area designations made by the Town Manager under this Chapter,
the rights of the non-smoker shall be given precedence.
9.03.040 Smoking Prohibited -- Elevators
Smoking is prohibited and is unlawful within elevators and buildings generally used by and open to the
public, including elevators in office, hotel, and multi-family buildings.
9.03.050 Hospitals and Health Care Facilities.
(a) Smoking is prohibited and is unlawful in public areas of health care facilities and hospitals, as
defined in Section 1250 of the California Health and Safety Code, including waiting rooms, public
hallways and lobbies, except in specially designated smoking areas, which may be all or part of a
public area.
(b) Every publicly or privately owned health care facility, including hospitals, shall make a reasonable
effort to determine preference and to assign patients place in bed space utilized for two or more
patients according to the patient's individual non-smoking or smoking preference.
(c) In bed space areas utilized for two or more patients, smoking shall be prohibited for hospital staff,
visitors, and the general public. "STAFF AND VISITOR SMOKING PROHIBITED" signs shall be
conspicuously posted in such bed space areas.
9.03.060 Smoking Prohibited -- Public Meeting Rooms
Smoking is prohibited and is unlawful in hearing rooms, conference rooms, chambers, places of public
assembly in which public business is conducted, which requires or provides direct participation or observation
by the general public.
9.03.070 Smoking Prohibited -- Theaters and Auditorium
Smoking is prohibited and is unlawful in every publicly or privately owned building or enclosed facility
which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical
recital, athletic event, or any other performance or event in all areas except either in that area commonly
known as the lobby, or in areas not open to the public.
9.03.080 Smoking Prohibited -- Public Restrooms
Smoking is prohibited and is unlawful in public restrooms.
9.03.090 Smoking Prohibited -- Indoor Service Lines
Smoking is prohibited and is unlawful in indoor service lines in which more than one person is giving or
receiving services of any kind.
9.03.100 Restaurants
(a) All restaurants shall provide a none-smoking area for eighty (80) percent of the restaurant's total
seating capacity. In addition, each restaurant shall be required to post an 8 1/2" x 11" placard with a colored
border one (1") inch in width to be prominently displaced at the entrance to the restaurant, which placard shall
Title 9-16
be designed as follows:
1. For restaurants which prohibit smoking in 100% of the restaurant's total seating capacity, the
8 1/2" x 11" placard shall have a green border one (1") inch in width. The language within
the boundaries of the placard's green border shall read: "This is a Nonsmoking Restaurant".
2. For restaurants which prohibit smoking in eighty (80%) percent of the restaurant's total
seating capacity, the 8 1/2" x 11" placard shall have a red border one (1") inch in width. The
language within the boundaries of the placard's red border shall read: "Smoking Allowed".
(b) Smoking may be permitted in any room(s) used for private functions, but only which such room is
used for such private functions.
9.03.110 Regulation of Smoking in the Office Workplace
(a) Within ninety (90) days of the effective date of this Chapter, each employer shall adopt, implement
and maintain a written smoking policy which shall contain at a minimum the following:
1. Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums,
restrooms, medical facilities, hallways and elevators;
2. Provision and maintenance of an exclusive no smoking area in cafeterias lunchrooms, and
employee lounges of less than 650 square feet in area. provision and maintenance of a
contiguous no smoking area of not less than two-thirds (2/3) of the seating capacity and floor
space in employee cafeterias, lunchrooms, and lounges of 650 or more square feet in area.
Fifty (50%) percent of outdoor eating area seating shall be reserved and designated a non-
smoking area; and provided that with respect to employee lounges where there is more than
one such lounge in any building, an employer may comply with this section by designating
not less than half the square footage of such lounges as no smoking. The employer shall
define the term "lounge" in its smoking policy.
3. Any employee in the office workplace shall be given the right to designate his or her
immediate area as a non-smoking area and to post it with appropriate signs or sign. The
policy adopted by the employer shall include a definition of the term "immediate work area"
which gives preferential consideration to non-smokers.
4. In any dispute arising under the smoking policy, the rights of the non-smoker shall be given
precedence.
5. Except where other signs are required, whenever smoking is prohibited, conspicuous signs
shall be posted so stating, containing all capital lettering not less than one inch (1") in height,
on a contrasting background. Signs of similar size containing the international "no smoking"
symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle
with a red bar across it) may be used in addition to or in lieu of any signs required hereunder.
(b) The smoking policy shall be communicated to all employees within three weeks of its adoption.
(c) Notwithstanding the provisions of subsection (a) of this section, every employer shall have the right
to designate any office workplace as a non-smoking area.
(d) This section is not intended to regulate smoking in the following places and under the following
conditions:
1. A private home which may serve as an office workplace;
2. Any property owned or leased by other governmental agencies;
3. A private enclosed office workplace occupied exclusively by smokers, even
though such an office workplace may be visited by non-smokers, excepting
places in which smoking is prohibited by the fire marshal or by other law,
ordinance or regulation.
Title 9-17
9.03.120 Smoking Prohibited in Public Areas at Various Places
Smoking is prohibited and unlawful in all areas of the following establishments which are available and
customarily open to the general public:
(a) All enclosed areas available to and customarily used by the general public and all businesses
patronized by the public including, but not limited to, retail stores, hotels and motels, pharmacies,
banks, professional offices and other offices;
(b) In public areas of museums and galleries:
(c) Retail food marketing establishments, including grocery stores and supermarkets except those areas
of such establishments set aside for the serving of food and drink, restrooms, offices, and areas
thereto not open to the public, which may be otherwise regulated by this section;
(d) Public schools and other public facilities under the control of a public agency other than the Town are
available to and customarily used by the general public;
(e) Sports arenas, except in any area designated as a smoking area by the owner, operator, manager, or
other person who controls the facility;
(f) Within any bingo facility provided, however, that this prohibition does not prevent (1) the
designating of a contiguous area within the bingo facility that contains no more than fifty (50%)
percent of the seating capacity of the bingo facility as a smoking area or (2) the providing of separate
rooms designed as smoking rooms so long as said rooms do not contain more than fifty (50%)
percent of the seating capacity of the bingo facility.
(g) Notwithstanding any other provision of this Section, any owner, operator, manager, or other person
who controls any establishment described in this Section may declare the entire establishment as a
non-smoking establishment.
9.03.130 Cardroom Exception
Notwithstanding any other provision of this Chapter, smoking may be permitted in cardrooms licensed
pursuant to this Code.
9.03.140 Posting of Signs Required
Except where other signs are required, whenever in this Code smoking is prohibited, conspicuous signs shall
be posted so stating, containing all capital lettering not less than one inch (1") in height, on a contrasting
background. Such signs shall be placed by the owner, operator, manager, or other persons having control of
such room, building or other place where smoking is prohibited.
9.03.150 Compliance.
(a) The Town Manager or designated representative shall be responsible or compliance with this Chapter
as to facilities which are owned, operated or leased by the Town.
(b) The owner, operator or manager of any facility, business or agency within the purview of this
Chapter shall comply with the provisions of this Chapter. Such owner, operator or manager shall
post or cause to be posted all no smoking signs required by this Chapter and shall not allow service to
any person who violates this Chapter by smoking in a posted no smoking area.
(c) Any place of employment conducted or operated without compliance with the provisions of Section
9.01.110 of this Chapter applicable thereto shall be and the same is declared to be a public nuisance.
Whenever there is reason to believe such public nuisance exists, any affected employee or any
resident of the Town, in his or her own name, may maintain an action in equity to abate and prevent
such nuisance and to perpetually enjoin the employer from maintaining or permitting it. Upon the
granting of equitable relief, in whole or in part, by a court of competent jurisdiction, an employee
determined to be in violation of Section 9.01.110 of this Chapter shall be liable for the attorney's fees,
as may be determined by the court, incurred by the party bringing the action.
(d) The Town Manager or designee may enforce Section 9.01.110 of this Chapter by either of the
following actions:
1. Serving notice requiring the correction of any violation of that section; or
2. Requesting the Code Enforcement Officer to maintain an action for injunction to
enforce the provisions of Section 9.01.110 of this Chapter to cause the correction of
Title 9-18
any such violation, and assessment and recovery of a civil penalty of such violation,
including attorney's fees.
(e) Any employer who violates Section 9.01.110 of this Chapter may be liable for a civil penalty, not to
exceed One Thousand ($1,000) Dollars, which penalty shall be assessed and recovered in a civil
action brought in the name of the people of the Town. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall be punishable as such. Any penalty
assessed and recovered in an action brought pursuant to this subsection shall be paid to the Town
Treasurer.
(f) In undertaking the enforcement of Section 9.01.110 of this Chapter, the Town is assuming an
undertaking only to promote the general welfare. It is not assuming any duty or obligation, nor is it
imposing any duty or obligation on its officers and employees, nor is it liable in money damages or
otherwise to any person who claims that (1) the Town or its officers or employees breached any such
obligation, and (2) the breach proximately caused injury.
9.03.160 Where Smoking is Not Regulated
Notwithstanding any other provision of this Chapter to the contrary, the following areas shall not be subject to
the smoking restrictions of this Chapter:
(a) Private residences, except when used as a child care or health care facility.
(b) Hotel and motel rooms rented to guests, unless posted otherwise.
(c) Retail tobacco stores.
(d) A private enclosed office workplace occupied exclusively by smokers, even though such an office
workplace may be visited by non-smokers.
(e) Any area exterior to the building in which the establishment or facility is located.
(f) Any enclosed rooms in an establishment or facility which are being used entirely for private
functions.
(g) Bars.
9.03.170 Penalty
Whenever any act is prohibited by this Chapter or is made or declared to be unlawful or an offense, or the
doing of any act is required, or the failure to do any act is declared to be unlawful, the violation shall be
deemed an infraction and punishable by a conviction thereof with a fine imposed as provided in Chapter 1.02
of this Code.
9.03.180 Nonretaliation
No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or
applicant for employment because such employee or applicant exercises any rights afforded by this Chapter.
9.03.190 Severability
In any provision, clause, sentence or paragraph of this Chapter or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Chapter which
can be given effect without the invalid provision or applications, and to this end the provisions of this Chapter
are declared to be severable. (ORD 93-36 12-16-93)
Title 9-19
CHAPTER 9.04 BINGO
9.04.010 Bingo Authority
This Chapter is enacted under Section 19 of the Article IV of the State Constitution and Section 326.5 of the
Penal Code, as amended, and allows the game of Bingo to be conducted and played.
9.04.020 Definitions
(a) BINGO. "Bingo" means a game of chance in which prizes are awarded on the basis of designated
numbers or symbols on a card which conform to the numbers or symbols selected at random.
(b) EXEMPT, CHARITABLE ORGANIZATIONS. "Exempt, charitable organizations" means all
organizations exempted from the payment of the bank and corporation tax by Sections 23701a,
23701b, 23701d, 23701e, 23701f, 23701g and 23701-1 of the Revenue and Taxation Code and all
mobile-home park associations and senior citizens organizations who wish to conduct bingo games to
be used only for charitable purposes, or as specified for charitable or purposes specified in Penal
Code Section 326.5.
(c) MINOR. A "minor" means one who has not reached the age of legal majority, or 18 years.
(d) LICENSE PERIOD. "License Period" shall be for a period of twelve (12) consecutive months.
9.04.030 License Required
All organizations exempt from the payment of the bank and corporation tax by Sections 23701a, 23701b,
23701d, 23701e, 23701f, 23701g and 23701-1 of the Revenue and Taxation Code and all mobile-home park
associations and senior citizens organizations who wish to conduct bingo games, the proceeds of such games
to be used only for charitable purposes or as specified for charitable or purposes specified in Penal Code
Section 326.5 shall procure a license to operate any such bingo game for charity, and it is unlawful for any
such organization, mobile-home park association, or senior citizens organization to conduct a bingo game for
charitable purposes within the Town without first having procured a license from the Town to do so and
without complying with any and all applicable provisions of this Chapter.
9.04.040 License Fee
The Town hereby imposes a license fee of Twenty-five Dollars ($25.00) for the issuance of a license or the
renewal thereof, which fee shall be paid concurrently at the time of the application of the license. The license
shall be for a term of twelve (12) consecutive months.
All such licenses shall expire on the termination of the twelfth month and shall be renewed for the ensuing
twelve (12) months. If an applicant for a license or renewal thereof is denied, one-half of the license fee shall
be refunded to the organization.
9.04.050 License Application
Every exempt, charitable organization required to have a license under the provisions of this Chapter shall
make application for the same to the Finance Director on a form provided by the Finance Director, and upon
payment of the prescribed license fee for the Finance Director shall issue such exempt, charitable organization
a license which shall contain:
(a) The name of the exempt, charitable organization to which the license is issued.
(b) The date of issuance.
(c) Such other information as may be necessary for the enforcement of the provisions of this Chapter,
including, but not limited to, a written statement sworn to before some officer authorized to
administer oaths that such organization is exempt from the payment of bank and corporation tax by
Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701-1 of the Revenue and
Taxation Code or that such organization is a mobile-home park association or senior citizens
organization.
(d) No such statement shall be conclusive upon the Town or any officer thereof as to matters therein set
forth, and the same shall not prejudice the rights thereof of the Town to make an independent
investigation as to the status of the organization applying for a license.
Title 9-20
9.04.060 Rules & Regulations for Licensee Conducting Bingo Games for Charity
The following rules and regulations, as set forth in Penal Code Section 326.5 as amended, enacted under the
authority of Section 19(c) of Article IV of the Constitution of the State of California, shall be applicable to all
licensees under the provisions of this Chapter:0
(a) It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game
authorized by Section 19(c) of Article IV of the State Constitution.
(b) A violation of subsection (a) of this section shall be punishable by a fine not to exceed Ten Thousand
Dollars ($10,000), which fine shall be deposited in the general fund of the Town. A violation of any
provision of this Chapter other than subsection (a) is a misdemeanor.
(c) No minor shall be allowed to participate in any bingo game.
(d) An organization authorized to conduct bingo games pursuant to this chapter shall conduct a bingo
game only on property owned or leased by it and which property is used by such organization for an
office or for the performance of the purposes for which the organization is organized. Nothing in this
subsection shall be construed to require that the property owned or leased by the organization be used
or leased exclusively by such organization.
(e) All bingo games shall be open to the public, not just to members of the authorized organization.
(f) A bingo game shall be operated and staffed only by members of the authorized organization which
organized it. Such members shall not receive a profit, wage, or salary from any bingo game. Only
the organization authorized to conduct a bingo game shall operate such a game, or participate in the
promotion, supervision, or any other phase of such game.
(g) No individual corporation, partnership or other legal entity except the organization authorized to
conduct the bingo game shall hold a financial interest in the conduct of such bingo game.
(h) With respect to organizations exempt from payment of the bank and corporation tax by Section
23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a
separate fund or account. Such profit shall be used only for charitable purposes. With respect to
other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived
from a bingo game shall be kept in a separate fund or account and shall not be co-mingled with any
other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:
1. Such proceeds may be used for prizes.
2. A portion of such proceeds, not to exceed ten percent (10%) of the proceeds after the
deduction for prizes, or Five Hundred Dollars ($500) per month, whichever is less, may
be used for rental of property, overhead, and administrative expenses.
(i) No person shall be allowed to participate in a bingo game, unless the person is physically present at
the time and place in which the bingo game is being conducted.
(j) The total value of prizes awarded during the conduct of an evening of bingo games shall not exceed
Two Hundred Fifty Dollars ($250) in cash or kind or both, for each separate game which is held.
9.04.070 Posting and Keeping License
All licenses must be kept and posted in the following manner: The licensee conducting a bingo game for
charity in the Town shall keep the license posted in a conspicuous place upon the premises where the bingo
game is conducted. (ORD 93-37 12-16-93)
Title 9-21
CHAPTER 9.05 FESTIVALS
9.05.010 Definitions
A. For the purposes of this Article:
1. "Outdoor festival" means any outdoor gathering of more than one hundred people for the
purpose of participating or attending a dance, music carnival, "rock" festival, revival,
block party or like activity, which gathering is held at any place other than a permanent
building which has been constructed for or customarily used for the purpose of housing
such activities, and to which gathering members of the public are invited or admitted with
or without the payment of admission charges in any form.
2. "Sponsors and promoters" means all persons and business entities having a direct financial
interest in the proceeds to be derived from the outdoor festival, whether such proceeds
arise from ticket sales, sales of film, radio, television or sound recording rights, or
otherwise.
9.05.020 Permit Required
No person, business entity, or organization of any kind shall advertise, maintain, operate, conduct, sell or
furnish tickets or other types of authority for admission to an outdoor festival to be held in the Town of
Truckee without first obtaining a permit or an exemption from permit requirements from the Town of
Truckee in accordance with this Article.
9.05.030 Exemption
(a) The Chief of Police may grant an exemption from the permit provisions of this Title for any outdoor
festival which:
1. Is held in a facility which is customarily lawfully used for large groups; (For example: such
facilities may include but need not be limited to the Regional Park, ski resort areas, Rodeo
arena, etc.); and which,
2. Facility has permanently installed water, sanitation, access and parking facilities adequate to
accommodate the number of people in attendance. (If such permanent facilities are not
adequate [by law] for the maximum proposed attendance, then a permit shall be required for
any such outdoor festival.); and which,
3. Festival shall be attended by no more than two thousand people, but in no event by more
people than the facility has permanent facilities to accommodate (per 2. above).
4. The Chief of Police may grant the exemption subject to conditions including, but not limited
to, traffic control and security provisions.
(b) To obtain an exemption, the sponsors and promoters shall submit the following to the Chief of Police
and the other entities identified herein:
1. At least thirty (30) days prior to the outdoor festival, the sponsors and promoters
thereof shall provide the Chief of Police, Nevada County Environmental Health
Department and the Truckee Fire Protection District written notice containing the
following:
a. The name (including aliases), age, telephone number, residence and mailing
address of each sponsor and promoter of the event. If the outdoor festival is to be
conducted by a partnership, the names (including aliases), ages, telephone
numbers, residence and mailing address of each of the partners. If the outdoor
festival is to be conducted by a corporation, the street address and telephone
number of the principal place of business together with the names, telephone
numbers, residence and mailing addresses of the principal officers thereof.
b. The location of and the names, addresses, and telephone numbers of the owners of
the premises at which the outdoor festival is to be held and their written
permission to conduct the proposed event.
c. The date or dates and hours during which the outdoor festival is to be conducted;
and,
Title 9-22
d. A statement of the maximum number of persons to be allowed to attend the
outdoor festival each day.
e. If temporary commercial sales activity is proposed in conjunction with the
festival the applicant shall provide evidence of a valid temporary commercial
permit from the Town of Truckee.
9.05.040 Application for Permit - Time Requirement
The application for a permit shall be made in writing by all sponsors and promoters of the outdoor festival and
filed with the Chief of Police at least 45 days prior to the date upon which the proposed outdoor festival is to
commence.
9.05.050 Application for Permit - Fee Requirement
The application shall be in the form of an original and four copies, and a non-refundable application filing fee
in the amount of two hundred and fifty dollars ($250.00) shall be paid to the Town of Truckee at the time the
application is filed.
9.05.060 Application for Permit - Content
A. The application shall include the following information:
1. Identification of applicants. The name (including aliases), age, residence, and mailing
address and telephone number of each person making the application. If the
application is filed by a partnership, the name (including aliases), age, residence and
mailing address, and telephone number of each partner shall be included. If the
application is filed by a corporation, the application shall (a) be signed by the
president, vice president, and secretary thereof and contain their residences, mailing
addresses, and telephone numbers; (b) contain the telephone number, the mailing
address, and the street address of the principal place of business of the corporation;
and, (c) include a copy of the articles of incorporation and the bylaws of the
corporation.
2. Identification of owners of premises. The names, addresses, and telephone numbers
of the premises upon which the proposed outdoor festival, including automobile
parking and other incidental uses, is to be held, and the exact location, legal
description, and area of these premises. If any of the owners of the premises is a
partnership, the names, addresses, and telephone numbers of all partners shall be
included. If any of the owners of the premises is a corporation, the street address and
telephone numbers of the principal place of business of the corporation, together with
the names, addresses and telephone numbers of the principal officers thereof, shall be
included.
3. Dates and hours of outdoor festival. The date or dates and the hours during which the
proposed outdoor festival is to be conducted.
4. Statement of maximum attendance. A statement of the maximum number of persons
to be allowed in attendance at the outdoor festival on each day.
5. Provisions for public health and safety. A detailed statement of the applicant's plans
to supply emergency communications, security protection, water supply and water
distribution facilities, food supply, sanitation facilities, sound and lighting equipment,
medical facilities and medical services, fire protection, vehicle parking spaces, vehicle
access and on-site traffic control, and garbage, trash and litter clean-up services, and
proper permits from Health Department if food is to be served.
6. Contingency plan. A detailed statement of the applicant's plans in the event that the
number of persons in attendance exceeds the estimate.
7. Control. A detailed statement of the applicant's plans for policing the proposed event,
with particular emphasis on the control of the consumption of alcoholic beverages and
the prevention of illegal use of dangerous drugs or narcotics.
8. Maps and Diagrams. A map drawn to scale, showing:
(a) The location of the property on which the proposed outdoor festival and all related
Title 9-23
activities will be held.
(b) All access ways to the property.
(c) All interior access ways.
(d) The location of all buildings and structures on the premises or to be erected
thereon, including, but without limitation to, all bandstands, stages, tents or other
facilities for performers, and bleachers, tents, or seats for those attending.
(e) The location of all loudspeakers; and,
(f) The location of all toilets, medical facilities, lighting, emergency communications,
drinking facilities, and solid waste receptacles.
9. Evidence of owner's knowledge of proposed use. Documentation showing that the
applicant is the owner of the premises upon which the proposed outdoor festival will
be held, or a notarized written agreement signed by the owner of the premises
permitting such use of the premises.
10. Evidence of provision for personnel and equipment. A legible copy of each of the
agreements or contracts which identify the specific security personnel, doctors,
medical attendants, ambulances, fire protection equipment, lighting and sound
equipment, and sanitary facilities which will be on the subject premises during the
proposed outdoor festival. If the above-described agreements or contracts do not
specifically identify the personnel and equipment, the application shall include a
statement by the applicant so identifying the personnel and equipment.
11. Consent to enter. A consent to the entry on the premises at any time, in the course of
his duties, for any Peace Officer, Building Official, Code Enforcement Officer, Fire
Warden, Health Officer, Supervisor or any other Town, County or Special District
Official with authority regarding the operation. The consent shall be executed by the
applicant and by the owner of the real property upon which the outdoor festival is to
be held.
12. If temporary commercial sales activity is proposed in conjunction with the festival, the
applicant shall provide evidence of a valid Temporary Commercial Permit from the
Town of Truckee.
9.05.070 Processing Application: Bonds
Upon receipt of a fully completed application, together with the application fee, the Chief of Police shall
promptly distribute copies of the application to all other affected public agencies and to the other Town
Departments as are appropriate, together with a request for their input and comments. All responses shall be
due within 15 days of the date of filing of the application. Thereafter, the Chief of Police shall promptly issue
a permit for an outdoor festival if the Chief determines from his investigation, the comments received and any
other relevant evidence, that the festival can be conducted in a manner which will not jeopardize the public's
health, safety and welfare. The Chief of Police may impose such conditions to the issuance of any permit as
he determines are reasonably necessary to protect the public health, safety and welfare. The Chief of Police
may also require that the applicant post reasonable security in order to guarantee that the conditions of the
permits are met. Any security required shall be in a form satisfactory to the Town of Truckee and shall be
posted before any tickets for admission are offered for sale, but in any event, no later than two weeks before
the festival. The posted security shall be subject to attachment should the applicant fail to comply with any of
the conditions of its permit or any of the provisions of this ordinance. The costs of any remedial steps
undertaken by the Town and/or any of its agents, contractors, officers, and/or employees as a result of any
such violations shall be proper charges against the security. It shall further be subject to attachment for any
penalties which may occur as a result of any such violations. Further, the applicant and its surety shall be
required to indemnify and to defend the Town of Truckee , its agents, officers, and/or employees against any
and all loss, injury and damage of any nature whatsoever arising out of, or in any way connected with, such
outdoor festival.
The Chief of Police shall notify the applicant in writing of the issuance or denial of the permit, no later than
the thirtieth (30th) day from the date that the application was filed.
Title 9-24
9.05.080 Authority to Act
The authority assigned to the Chief of Police shall be exercised by the Chief personally, or, his designee.
9.05.090 Separate Permit Required
Each and every festival held shall require a separate permit. A single festival permit shall be valid for a
maximum of 72 consecutive hours.
9.05.100 Processing Application - Revocation
(a) The Chief of Police shall have the right to revoke any permit or permits issued pursuant to this article
after a hearing following oral or written notice to the permittee prior to such hearing, for any of the
following causes:
1. The permittee's failure and/or refusal to fulfill any of the conditions imposed upon the
granting of a permit.
2. The permittee allows the outdoor festival to be conducted in a disorderly manner.
3. The permittee violates or attempts to violate any law of the State or provision of this
article or any other ordinance of the Town.
4. The permittee has previously made a false, misleading or fraudulent statement of
material fact in the application for permit, or in any other document required pursuant
to this article.
The finding that a permittee has violated such provisions shall be deemed to constitute just cause for
revoking any other permits for future concerts by that permittee.
Written notice of such revocation shall be sent by the Chief of Police to the permittee at the address
given in the application or personally delivered. Such revocation shall become effective immediately
after ordered by the Chief of Police.
The Chief of Police may suspend operation and close any outdoor festival prior to the expiration of
the permit granted under the provisions of this article in the event of the occurrence of a riot, major
disorder or serious breach of the peace when in his opinion it becomes necessary to prevent injury to
person or persons and/or damage to property.
9.05.110 Processing Application - Non-transferable
No permit granted under the provisions of this article shall be transferable or removable to another location.
9.05.120 Penalty
Any person in violation of this chapter shall be guilty of an infraction, punishable by fine as established by the
court. In addition to any such criminal penalty a civil penalty of up to $5000 per day may be levied for each
day a violation exists. (ORD 2005-08 10-20-05)
9.05.130 Appeal Process
The applicant may appeal to the Town Council upon the Chief of Police's denial of a permit or the issuance of
a permit with conditions by filing a notice of appeal with the Town Clerk. This appeal shall be filed in
accordance with the Town of Truckee's appeal procedures. The Town Clerk shall schedule an appeal hearing
before the Town Council at its next available regular meeting. The appeal shall not be valid and shall not be
processed unless accompanied by an appeal fee as established by the Town Council. Upon scheduling the
hearing, the Town Clerk shall promptly notify all affected agencies of the hearing date. At the hearing, the
Town Council may uphold, modify or overturn the action of the Chief of Police, provided, however, that in
taking such action the Council finds that the public health, safety and welfare has been adequately protected.
(ORD 95-06 04-20-95)
Title 9-25
CHAPTER 9.07 UNCLAIMED LOST PROPERTY
9.07.010 Unclaimed Property
It shall be the duty of all officers and employees of the Town, as well as every other person within the Town,
whenever there comes into their possession any money or personal property which such finder or possessor
has reason to believe may have been stolen, lost, or misplaced to deliver the same to the Chief of Police and to
make an affidavit stating when and where the property was found. A receipt shall be issued to the person
delivering such property.
9.07.020 Custody
Any unclaimed property or money coming into the possession of the Chief of Police shall be held for the
account of the owner thereof for at least four (4) months after the receipt of the same, unless the owner thereof
shall sooner claim the property. The property shall be stored in a safe place, and such money shall be
deposited with the Director of Finance for a period of four (4) months, unless sooner claimed by the true
owner, and thereafter shall be deemed to be unclaimed property or unclaimed money and be subject to
disposal as provided in this Chapter.
9.07.030 Rights of Owners: Proof Required
During such four (4) month period, such property may be delivered or such money paid to the true owner
upon proof of ownership satisfactory to the Chief of Police. If ownership cannot be determined to the
satisfaction of the Chief of Police, the Chief of Police may refuse to deliver such property or money to anyone
until ordered to do so by a court of competent jurisdiction. No property or money shall be returned to the
owner until the payment of all charges therefor as provided in this Chapter.
9.07.040 Rights of Finders
Any person who turns over to the Chief of Police any lost or unclaimed property or money may assert a
written claim as a finder to such property or money in the event the true owner of such property or money has
not been found or located within the time period herein prescribed. If such finder fails to assert a written
claim to the property or money as a finder at the time he delivers such property or money to the Chief of
Police, such finder shall be deemed to have waived his rights as a finder.
In the event the true owner of such unclaimed property shall not claim the same within a period of four (4)
months from the receipt thereof, the Chief of Police may deliver such property or money to the finder if the
finder has indicated in writing that the finder wishes to assert a claim to the property or money as the finder,
and if the finder appears at the police station and demands the return of the property or money within ten (10)
days after the expiration of said four (4) month period. Charges may be imposed as provided herein.
9.07.050 Money to be Deposited in General Fund
All money received by the Chief of Police and not delivered to the true owner during the four (4) month
period, or to the finder in accordance with the provisions of Section 9.07.040 of this Chapter, shall be
deposited in the General Fund within thirty (30) days after the expiration of said four (4) month period.
9.07.060 Property to be Sold or Used by the Town
All property so received by the Chief of Police and not delivered to the true owner during the four (4) month
period, or to the finder as provided in Section 9.07.040 of this Chapter, shall be disposed of by public auction
or by appropriation to the use of the Town, whichever the Town Manager determines to be in the best
interests of the Town.
In the event an auction is held, there shall be published in a newspaper of general circulation published in the
Town, at least five (5) days prior to such a sale, a notice describing the articles to be disposed of and
announcing the date, time and place of the sale.
Title 9-26
9.07.070 Charges
Prior to returning any property or money to the true owner, or in the event the owner cannot be found, to the
finder, the Chief of Police shall require the payment of the necessary costs and disbursements incurred in
storing and keeping such property or money.
9.07.080 Proceeds to be Deposited in General Fund
After such auction is completed, the Chief of Police shall deliver the proceeds of the auction to the Director of
Finance for deposit in the General Fund.
9.07.090 Unsaleable and Unusable Property
Any property advertised and offered for sale but not sold and not suitable for appropriation to the use of the
Town shall be deemed to be of no value and shall be disposed of in such manner as the Town Manager
directs.
9.07.100 Dangerous and Perishable Property
Any property coming into the possession of the Chief of Police which is determined to be dangerous or
unlawful to possess or perishable may be disposed of immediately, without notice, in such manner as may be
determined to be in the public interest.
9.07.110 Property Held as Evidence
The provisions of this Chapter pertaining to lost or unclaimed property shall not apply to property held by the
Chief of Police as evidence.
9.07.120 Abandoned Property.
The provisions of this Chapter shall have no application to property which has been intentionally abandoned
by its owner. Any such property intentionally abandoned having more than a nominal value will be sent to
auction after being held for a minimum of thirty (30) days. (ORD 94-12 08-18-94)
Title 9-27
CHAPTER 9.09 DISTRIBUTION AND DISPLAY OF DRUG
PARAPHERNALIA
9.09.010 Definitions
As used in this Chapter, the following terms shall be ascribed the following meanings:
(a) "Business" means a fixed location, whether indoors or outdoors, at which merchandise is offered for
sale at retail.
(b) "Display" means to show a patron or place in a manner so as to be available for viewing or inspection
by a patron.
(c) "Patron" means a person who enters a business for the purpose of purchasing or viewing as a
shopper, merchandise offered for sale at the business.
(d) "Distribute" means to transfer ownership or a possessory interest to another, whether for
consideration or as a gratuity. "Distribute" includes both sales and gifts.
(e) "Controlled Substance" means those controlled substances set forth in Sections 11054, 11055, 11056,
11057, and 11058 of the California Health and Safety Code, identified as Schedules I through V,
inclusive, as said sections now exist or may hereafter be amended.
(f) "Drug Paraphernalia" means all equipment, products, and materials of any kind which are intended
by a person charged with a violation of this Chapter for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repacking, destroying, containing, concealing, injecting, ingesting,
inhaling, or otherwise introducing into the human body a controlled substance in violation of any law
of the State of California. "Drug Paraphernalia" includes, but is not limited to, all of the following:
(1) Kits intended for use in planting, propagating, cultivating, growing or harvesting or
any species of plant which is a controlled substance or from which a controlled
substance can be derived;
(2) Kits intended for use in manufacturing, compounding, converting, producing,
processing or preparing controlled substances;
(3) Isomerization devices intended for use in increasing the potency of any species of
plant which is a controlled substance;
(4) Testing equipment intended for use in identifying or in analyzing the strength,
effectiveness or purity of controlled substances;
(5) Scales and balances intended for use in weighing or measuring controlled
substances;
(6) Dilutants and adulterants, such as quinine, hydrochloride, mannitol, mannite,
dextrose and lactose, intended for use in cutting controlled substances;
(7) Separation gins and sifters intended for use in removing twigs and seeds from, or in
otherwise cleaning or refining marijuana;
(8) Blenders, bowls, containers, spoons and mixing devices intended for use in
compounding controlled substances;
(9) Containers and other objects intended for use in storing or concealing controlled
substances; and
(10) Objects intended for use in injecting, inhaling, or otherwise introducing marijuana,
cocaine, hashish, or hashish oil into the human body such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or
without screens, permanent screens, hashish heads, or punctured
metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips, meaning objects used to hold burning material such as a
marijuana cigarette that has become too small or too short to be held
in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
Title 9-28
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) Air driven pipes;
(x) Bongs.
9.09.020 Determination of Evidence
In determining whether an object is "Drug Paraphernalia", a court or other authority may consider, in addition
to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) The proximity of the object to controlled substances;
(c) The existence of any residue of controlled substances;
(d) The existence of any residue or controlled substances on the object;
(e) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to
deliver to persons whom he knows intends to use the object to facilitate a violation of the laws of the
State of California relating to controlled substances;
(f) Instructions, oral or written, provided with the object concerning it's use;
(g) Descriptive materials accompanying the object which explain or depict its use;
(h) National and local advertising concerning its use;
(i) The manner in which the object is displayed for sale;
(j) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the
business enterprise;
(k) The existence and scope of legitimate uses for the object in the community; and
(l) Expert testimony concerning its use.
9.09.030 Penalty
Except as authorized by law it shall be an infraction, punishable by fine as established by the court, for any
person to willfully sell, maintain, operate, or distribute drug paraphernalia as defined in this chapter.
(ORD 94-14 08-18-94; 2005-08 10-20-05)
9.04.040 Distribution of Drug Paraphernalia
Repealed
( ORD 2005-08 10-20-05)
Title 9-29
CHAPTER 9.10 DIVING PROHIBITED
9.10.010 Diving From Bridges Prohibited
It is unlawful for any person to dive, jump, or enter the water, or to cause any other person to dive, jump, or
enter the water from any bridge into Donner Lake, any tributary or outlet to or from such lake, the Truckee
River, or other body of water under the jurisdiction and control of the Town of Truckee. This section shall
not apply to the regularly employed lifeguard personnel of any governmental agency, when engaged in
lifeguard training or lifesaving or emergency situations involving life or safety. (ORD 99-04 06-03-99)
9.10.020 Designated Diving Places
Repealed
(ORD 93-25 09-02-93; 06-03-99)
Title 9-30
CHAPTER 9.11 SKIER RESPONSIBILITY
9.11.010 Definition of Words and Phrases
The following words and phrases when used in this Chapter shall be construed to have the following
meanings:
a. "Inherent risks of skiing" is hereby defined to include, but not be limited to, those dangers or
conditions which are an integral part of the sport of skiing, including, but not limited to, changing
weather conditions, variations or steepness of terrain, snow or ice conditions, surface or subsurface
conditions (whether man-modified or not) bare spots, creeks, gullies, forest growth or rocks, stumps,
lift towers and other structures and their components, collision with other skiers and a skier's failure
to ski within the skier's own ability.
b. "Injury" means any personal injury, death, or property damage or loss suffered by a skier, ski area
operator or ski area.
c. "Skier" is hereby defined to mean any person who is within the boundaries of a ski area for the
purpose of engaging in the sport of skiing, including but not limited to alpine, nordic, snowboarding,
or any person who is within the boundaries of the ski area for the purpose of observing any skiing
activity.
d. "Ski Area" is hereby defined to mean any area designated and maintained by a ski area operator for
the purpose of skiing or for the observance of any skiing activity.
e. "Ski Area Operator" means any person, corporation or association, or their agent, officer, employee
or representative, who operates a ski area within the Town of Truckee.
9.11.020 Assumption of Risk.
Any individual or group of individuals who engage in the sport of skiing of any type, including but not
limited to alpine, nordic, snowboarding, or any similar activity within the boundaries of a ski area including
entry for the purpose of observing any skiing or similar activity, shall assume and accept the inherent risks of
such activities insofar as the risks are reasonably obvious, foreseeable or necessary to the activities. Skiers
who ski in any area not designated for skiing within the ski area control boundary, or who ski outside of a
posted area boundary, assume the risks thereof.
9.11.030 Skier Duties - Misdemeanor
Skiers shall have the following duties, a violation of which shall constitute a misdemeanor:
a. When involved in a skiing collision with other skiers which results in bodily injury to another person,
a skier shall not depart from the scene of the accident without first leaving his or her name and
address with the ski patrol in the ski area where such injury occurred.
b. A skier shall not knowingly ski in an area or on a ski trail which is closed to the public and which has
signs posted indicating such closures.
9.11.040 Skier Duties - Infraction.
Skiers shall have the following duties, a violation of which shall constitute an infraction:
a. It shall be unlawful for any person to ski faster than is safe and it shall be the duty of all skiers to ski
in a safe and reasonable manner, under sufficient control to be able to stop or avoid other skiers or
objects.
b. Skiers must wear retention straps or other reliable devices to prevent runaway skis or snowboards.
c. Skiers shall not embark or disembark from a ski lift except at designated areas, or by the authority of
the ski lift operator.
d. It shall be unlawful for any person who is under the influence of an alcoholic beverage or any drug,
or under the combined influence of an alcoholic beverage and any drug, to ski in a ski area.
9.11.050 Skier Duties - General.
Skiers shall have the following duties:
a. Skiers shall familiarize themselves with the posted information supplied by the ski area operator on
location and degree of difficulty of trails and slopes to the extent reasonably possible before skiing on
Title 9-31
any slope or trail.
b. Skiers shall not cross the uphill track of any surface lift except at points clearly designated by the ski
area operator.
c. Skiers shall not overtake any other skier except in such a manner as to avoid contact with the
overtaken skier, and shall grant the right of way to the overtaken skier.
d. Skiers shall yield to other skiers when entering a trail or starting down hill.
e. Skiers shall not board rope tows, wire rope towns, J-bars, T-bars, ski lifts or other similar devices
unless they have sufficient ability to use such devices, and skiers shall follow any written or verbal
instructions that are given by the ski area operator or representative regarding the use of the devices
delineated in this section.
f. A skier who is bodily injured, if reasonably possible, shall give notice of the injury to the ski area
operator before leaving the area.
g. A skier shall not stop skiing in such a manner as to obstruct a trail or be hidden from the view of the
skiers uphill.
9.11.060 Notice of Skier Duties.
Ski area operators shall provide notice to skiers of their duties as delineated in this Chapter in a manner
reasonably calculated to inform skiers of those duties.
9.11.070 Skiers in Competition.
The ski area operator shall, prior to the beginning of any skiing competition, including but not limited to,
nordic, alpine, or snowboarding, allow each competitor a reasonable visual inspection of the course or area
within which the competition is to be held. No liability shall attach to the ski area operator for the injury or
death of any competitor proximately caused by such competitor's engaging in a skiing competition.
9.11.080 Penalties.
Violation of this chapter shall be an infraction punishable by fine as established by the court.
(ORD 2005-08 10-20-05)
9.11.090 Severability.
If any provision of this ordinance should be held by a court of competent jurisdiction to be invalid, void, or
otherwise unenforceable, the remaining provisions shall remain enforceable to the maximum extent permitted
by law.
Title 9-32
CHAPTER 9.12 PROHIBITION OF URINATING OR DEFECATING IN
PUBLIC
9.12.000 Prohibition of Urinating or Defecating in Public
It shall be an infraction, punishable by fine as established by the court, for any person to urinate or defecate
on any public or private property except in an appropriate sanitary facility.
(ORD 95-14 08-03-95; ORD 2005-08 10-20-05)
Title 9-33
CHAPTER 9.13 DISCHARGING A FIREARM
9.13.010 Discharging a Firearm
It shall be unlawful for any person to:
1. Discharge a firearm of any sort on or into property owned by the Town of Truckee.
2. Discharge any firearm within fifty (50) yards of any dwelling house, residence, or other
building or any barn or outbuilding used in connection therewith.
3. Discharge any firearm in such a manner that the bullet (projectile) does not remain on the lot
or parcel from which it was fired.
Notwithstanding the foregoing, the provision of subparagraphs 2 and 3, shall not prohibit:
1. The discharge of a firearm within fifty (50) yards of any such dwelling house, residence, etc.,
if all buildings within fifty (50) yards of the point of discharge are owned by the person
discharging the weapon, is a member of his or her family, or is an invited guest thereof.
2. The discharge of a firearm for the express purpose of the lawful slaughtering of animals.
9.13.020 Time Prohibition
It shall be unlawful for any person to discharge any firearm between one-half hour after sunset and one-half
hour before sunrise.
9.13.030 Time Prohibition Exceptions
a. The provisions of this Ordinance shall not apply to any shooting range operated by any law
enforcement agency or to any person conducting a predatory control program on behalf of or licensed
by any federal, state or county agency.
b. The provision of this Ordinance shall not apply to the discharge of a firearm in the defense of a direct
threat to life or to protect property.
9.13.040 Penalties
Any violation of this Ordinance shall constitute an infraction. (ORD 95-14 08-03-95)
Title 9-34
CHAPTER 9.14 PROHIBITION AGAINST OPEN CONTAINERS
9.14.010 Prohibition Against Open Containers
Any person possessing any can, bottle, or other receptacle containing any alcoholic beverage which has been
opened, or a seal broken, or the contents of which has been partially removed in or on any public street,
sidewalk or other public right-of-way in any of the following designated areas shall be guilty of a
misdemeanor:
(a) A strip of land one hundred (100') feet on each side of the following described lines:
Part I: Beginning at the intersection of Donner Pass Road and High Street, easterly along both sides
of Donner Pass Road to the intersection of Bridge Street and State Highway 267, then north on both
sides of Bridge Street and Jibboom Street.
Part II: Beginning at the intersection of State Highway 267 and Bridge Street, easterly on both sides
of State Highway 267 to the intersection of Church Street.
(b) EXCEPTIONS: The enforcement of this section may be suspended as to any location upon
application of any organization for a period not exceeding twelve (12) hours when the suspension is
in conjunction with a special event organized by the organization and which meets the following
criteria:
1. Has a security plan for the control of those individuals consuming alcohol, which
plan shall be submitted to and approved by the Town of Truckee Police Department.
2. Shall be limited to a single special event.
3. Any permit issued hereunder shall specify that alcohol beverages shall be consumed
only out of plastic or paper cups, and shall prohibit the consumption of such
beverages from glass bottles or metal cans.
4. Payment of a processing fee of as determined and established by Town Council
Resolution.
5. A clean-up plan to be approved, in advance, by the Town Department of Public
Works and shall require a cleaning deposit of as determined by the Director of
Public Works.
(c) A special event is defined as one which is conducted for the benefit of the local community and
includes, but is not limited to, street dances, concerts, fairs and art shows.
(ORD 95-14 08-03-95)
Title 9-35
CHAPTER 9.15 PROHIBITION OF FIREWORKS
9.15.010 Prohibition of Fireworks.
It shall be an infraction for any person, firm, or business entity to use, discharge or possess any fireworks as
defined in Section 12511 of the Health and Safety Code of the State of California or its successor within the
Town limits. (ORD 2005-08 10-20-05)
9.15.020 Permitting
Permits will be issued by the Truckee Fire Protection District.
EXCEPTIONS:
1. This section shall not apply to any person, firm, or corporation engaged in using, discharging
or possessing said fireworks under the direction, guidance and supervision of a pyrotechnic
operation.
2. Permits for special events. (ORD 95-14 08-03-95)
Title 9-36
CHAPTER 9.16 NUDITY ON PIERS AND IN PUBLIC PARKS
9.16.010 Need
The citizens of the Town and visitors go to Donner Lake and public parks to enjoy the natural beauty and
engage in family oriented recreation activities such as picnicking, boating and swimming.
9.16.020 Economic Need
The economy of the Town is dependent upon the desire of visitors to come and return to Truckee to enjoy
such natural surroundings without distractions caused by offensive conduct of other persons.
9.16.030 Prohibition
Nudity and the display of human genitals is or may be offensive to residents and visitors and a distraction to
the enjoyment of the natural environment and related recreational activities.
9.16.040 Violation
It shall be unlawful for any person to appear, be, or become nude on any pier or beach at Donner Lake or any
public park within the Town limits where there are present persons to be offended or annoyed by such nudity.
(ORD 95-15 09-07-95)
Title 9-37
CHAPTER 9.17 PROHIBITING LOITERING, OBSTRUCTING
SIDEWALKS, HIGHWAYS
9.17.010 Prohibitions on Private Property Within the Town of Truckee
From time to time certain private property or business premises have become a general area for loitering,
verbal and physical harassment and intimidation of business patrons. In addition, vandalism and other crimes
to personal and private property have repeatedly occurred.
1. No person shall remain upon any private or business premises after being expressly notified to keep
off, keep away or remove himself or herself by the owner, owner’s agent, or private security, or by
any peace officer who has received a request from the foregoing persons.
2. No person, without permission of the property or business premises owner or owner’s agent, private
security or peace officer, shall re-enter upon such premises within fourteen (14) days of being
expressly notified in writing to keep off, keep away, or remove himself or herself from the private
property or business premises by the owner, owner’s agent, private security or peace officer. Such
written notice shall be in triplicate with copies going to the individual being removed from the
property/premises, local law enforcement, and the property owner or private security.
3. The owner, the owner’s agent, private security or the person in lawful possession of the property shall
make a separate request to the peace officer on each occasion when the peace officer’s assistance in
dealing with a trespass is requested. Detailed and identifying information shall be given to the peace
officer describing the specific person or persons to be removed from the property.
4. Notwithstanding any other ordinance to the contrary, the provisions of this section shall only apply to
private property generally open to the public or to business premises if said property or premises is
posted with signs which expressly forbid remaining or re-entering on such property without the
expressed permission of those persons designated in paragraph 1 above. Such posting shall be located
at all clearly defined entryways and shall not be required on any property not generally open to the
public.
9.17.020 Prohibitions on Public Property.
It is unlawful for any person to willfully stand, sit or position his or her body in or upon any public highway,
alley, walkway, sidewalk or crosswalk so as to hinder, delay or obstruct the free passage thereon of persons or
vehicles passing or attempting to pass along the same.
9.17.020.1 Exceptions.
None of the provisions above shall apply when any of the following circumstances exists:
1. The provision violates a federal or state civil rights act or any other provision of law relating
to the prohibited discrimination against any person on account of color, race, religion, creed,
ancestry or national origin.
2. The provision results in or is coupled with an act prohibited by Section 365 of the California
Penal Code or any other provision of law relating to duties of innkeepers and common
carriers.
3. The provisions results in an interference with or inhibition of peaceful, lawful labor picketing
or other lawful labor activities.
4. The provision results in an unlawful interference with or inhibition of any other exercise of a
constitutionally protected right of freedom of speech.
5. The person who is upon another’s property is there under reasonable claim, color of law or
legal right.
9.17.030 Penalties.
Violation of this section shall be a misdemeanor, provided however that upon written notice to the Court, the
District Attorney, or Town Attorney, as appropriate, may reduce the charge to an infraction punishable as
provided in Government Code Section 25132.
Title 9-38
9.17.040 Severability Clause.
If any section, part, clause or phrase of this or the application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or applications which can be given effect without the
invalid provision or application, and to this end the provisions are severable. (ORD 96-06 11-21-96)
Title 9-39
CHAPTER 9.18 INTOXICATING LIQUOR, POSSESSION,
CONSUMPTION, ETC., IN PUBLIC PLACES PROHIBITED
9.18.010 Definitions.
As used in the Chapter, the following term shall be ascribed the following meaning: "Intoxicating liquor" is
defined as any liquor defined by the Liquor Control Act of the state as intoxicating.
9.18.020 Possession, Consumption, Etc., in Public Places Prohibited.
(a) No person shall have in his possession any bottle, can or other receptacle containing any alcoholic
beverage which has been opened, or a seal broken, or the contents of which have been partially removed,
or consume any intoxicating liquor while upon any public street, sidewalk, alley, or public parking lot or
area within the town, or upon any public or private parking lot or area open to the public, or in a place
where the public is likely to congregate, and where alcohol is not legally offered for sale; or have in his
possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened,
or a seal broken, or the contents of which have been partially removed, or consume any intoxicating
liquor while being in an automobile, or any other motor driven vehicle, upon any public street, alley,
parkway, or other public parking lot or area, or private parking lot or area open to the public either with or
without compensation within the town.
(b) Except as otherwise provided by the California Business and Professional Code, no person under the age
of 21 years shall consume or have in his/her possession any bottle, can or other receptacle containing any
alcoholic beverage in any place where alcoholic beverages are provided or consumed. The provider's age
or relationship to the violator shall not be a defense.
EXCEPTIONS:
(A) Special Events.
T
he enforcement of this section may be suspended as to any location upon application of any
organization for a period not exceeding twelve (12) hours when the suspension is in conjunction with a
special event (a special event is defined as one which is conducted for the benefit of the local community
and includes, but is not limited to, street dances, concerts, fairs and art shows) organized by the
organization and which meets the following criteria:
1. Has a security plan for the control of those individuals consuming alcohol, which plan shall be
submitted to and approved by the Town of Truckee Police Department.
2. Shall be limited to a single special event.
3. Any permit issued hereunder shall specify that alcoholic beverages shall be consumed only out of
plastic or paper cups, and shall prohibit the consumption of such beverages from glass bottles or
metal cans.
4. Payment of a processing fee as determined and established by Town Council resolution.
5. A clean-up plan to be approved, in advance, by the Town Department of Public Works and shall
require a cleaning deposit as determined by the Director of Public Works.
(B) Government Agency Exemption.
This ordinance shall not apply to the property of any government agency which requests an exemption
in writing from these provisions.
9.18.030 Penalties for Violation.
Violation of this chapter shall be an infraction, punishable by fine as established by the court.
(ORD 2005-08 10-20-05)
Title 9-40