Title 9
PUBLIC PEACE, MORALS AND WELFARE
Chapters:
9.04 Unlawful Presence of Minor in Public Placl>Curfew Hours
9.08 Weapons
9.09 Consumption of Alcoholic Beverages
9.10 Unlawful Operation of Motorized Vehicles and
Discharge of Firearms and Other Weapons On
and Within One Hnndred Feet of the
Sacramento River Rail-Trail, Unlawful
Discharge of Firearms and Other Weapons At
and Within One Hundred Feet ofthe Keswick
Lake Boat Launch Facility, and Nighttime
Closure of the Sacramento River Rail-Trail
and the Keswick Lake Boat Launch Facility
181
(Shasta County 10-01)
9.04.010
Chapter 9.04
"Parent" means a person who is a natural
parent, adoptive parent, foster parent, or
step-parent of a minor.
"Public place" means any place to which
the public or a substantial group of the
public has access and includes, but is not
limited to, streets, highways, public parking
lots and the common areas of schools, hospitals, apartment houses, office bnildings,
transport facilities, arcades, shops and shopping malls.
"Responsible adult" means a person at
least twenty-five years of age, authorized by
a parent or guardian to have the temporary
care and custody of a minor.
"Serious bodily injury" means bodily
injury that causes or creates a substantial
risk of causing death, serious permanent
disfigurement, or protracted loss or impairment of the function of any bodily member
or organ. (Ord. 99-10 § 2 (part), 1999)
UNLAWFUL PRESENCE OF MINOR
IN PUBLIC PLACE-CURFEW
HOURS
Sections:
9.04.010
9.04.020
9.04.030
Definitions.
Unlawful acts during
curfew hours.
Penalties and strict
criminal responsibility.
9.04.010
Definitions.
For the purpose of this chapter the following definitions apply:
"Code" means the Shasta County Code,
as it is presently written, or may hereafter
be amended.
"Curfew hours" means the period from
ten p.m. on any evening of the week until
six a.m. on the following day.
"Emergency" means an unforeseen combination of circumstances or the resulting
state that calls for immediate action. The
term includes, but is not limited to, a fire,
natural disaster, an automobile accident, or
any situation requiring immediate action to
prevent serious bodily injury or loss of life.
"Establishment" means any privately
owned place of business operated for a
profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
"Guardian" means:
1. A person who, under court order, is
the guardian of the person of a minor; or
2. A public or private agency with
whom a minor has been placed by a court.
"Minor" means any person under eighteen years of age.
Unlawful acts during
curfew hours.
A. It is unlawful for any minor to be
present in any public place or on the premises of any establishment during curfew
hours.
B. It is unlawful for any parent or
guardian of a minor to permit, or by insufficient lawful control to allow, a minor to be
present in any public place or on the premises of any establishment during curfew
hours.
C. It is a defense to prosecution under
subsections A and B of this section that the
minor was:
1. Accompanied by the minor's parent
or guardian, or by a responsible adult;
2. On an errand at the direction of the
minor's parent or guardian, or a responsible
adult, without any detour or stop;
9.04.020
183
(Shasta County 4-00)
9.04.020
3. In a motor vehicle engaged in interstate travel;
4. Engaged in an employment activity,
or going to or returning home from an employment activity, without detour or stop;
5. Involved in an emergency;
6. On the sidewalk or property abutting
the minor's residence with the permission
of the minor's parent or guardian;
7. Attending a school, religious, recreational, or civic function supervised by
adults or was exercising First Amendment
rights protected by the United States Constitution;
8. Going to or returning from, without
any detour or stop, a religious, recreational
or civic function supervised by adults, or a
place where the minor was exercising First
Amendment rights protected by the United
States Constitution; or
9. Married, has been previously married,
or has been declared emanCipated pursuant
to law. (Ord. 99-10 § 2 (part), 1999)
9.04.030
Penalties and strict
criminal responsibility.
A. Unless otherwise provided in this
chapter or by state law, a violation of any
of the provisions of this chapter shall be
punishable as provided in Chapter 1.08 of
this code.
B. This chapter is a safety and regulatory provision necessary for the protection of
the public health, welfare and safety. Unless
otherwise specifically provided in this chapter or by state law, in any criminal prosecution for a violation of this chapter it is not
necessary to prove knowledge or criminal
intent. (Ord. 99-10 § 2 (part), 1999)
(Shasta County 4-00)
184
9.08.010
Chapter 9.08
WEAPONS
Sections:
9.08.010
9.08.020
9.08.030
9.08.010
Purpose.
Prohibitions.
Violation designated.
Purpose.
This chapter is enacted for the purpose of
protecting wildlife, persons and property
within a radius of one mile of the Vista
House at Shasta Dam. (Prior code § 3350)
9.08.020
Prohibitions.
A. It is unlawful for any person to discharge any fIrearm or bow and arrow within
a radius of one mile of the Vista House at
Shasta Dam.
B. It is unlawful for any person to take,
kill, pursue, capture, annoy or attempt to
take, kill, pursue or capture, any wildlife,
bird, or animal within a one mile radius of
the Vista House at Shasta Dam. (Prior code
§ 3351)
9.08.030
Violation designated.
A violation of any provision of this chapter is a misdemeanor. (prior code § 3352)
184a
(Shasta County 4-00)
9.09.010
Chapter 9.09
CONSUMPTION OF ALCOHOLIC
BEVERAGES
Sections:
9.09.010
Possession or
consumption of alcoholic
beverages at Shasta Dam.
9.09.010
Possession or consumption
of alcoholic beverages at
Shasta Dam.
A. Except as provided in subsection B of
this section, it is unlawful for any person to
possess an open alcoholic beverage container
or consume any alcoholic beverage at the following locations between the hours of ten
p.m. and six a.m.:
I. Shasta Dam;
2. All Shasta Dam visitor areas;
3. All Shasta Dam visitor area parking
lots.
These areas are depicted and their boundaries deImed by the heavy line shown in Figure
9.09.010 on file in the office of the county
clerk.
B. This prohibition shall not apply during
such times as sponsored events are taking
place provided that the sponsor has:
I. Obtained any necessary alcoholic beverage control permit for the event; and
2. Obtained the authorization of the
United States Department of the Interior, Bureau of Reclamation, for the consumption of
alcoholic beverages.
C. A violation of this section is an infraction. COrd. 90-6 § 2, 1990)
184-1
(Shasta COlmty Supp. No.3, 10·04)
9.10.010
Chapter 9.10
fles, pistols, shotguns, starting pistols, flintlockrifles and pistols, muskets, and revolvers.
D. "Keswick Lake boat launch facility"
means the publicly maintained boat launch
and parking facility located on the west side
of Keswick Lake immediately to the north of
the Spring Creek arm.
E. "Motorized vehicle" means any selfpropelled device in, upon, or by which any
person or property is or may be propelled,
moved, or drawn, including but not limited to,
cars, trucks, vans, motorcycles, motor-driven
cycles, motorized bicycles, mopeds, motorized quadricycles, motorized tricycles, motorized scooters, motorized skateboards and
snowmobiles. "Motorized vehicle" does not
include a self-propelled wheelchair, invalid
tricycle or motorized quadricycle when operated by a person who, by reason of physical
disability, is otherwise unable to move about
as a pedestrian.
F. "Operate" means to drive, steer, push,
ride, use, park or leave standing a motorized
vehicle. In order to operate a motorized vehicle, it is not necessary that the motor thereof
be running.
G. "Public entity" means any county, city,
public district, public agency or authority, or
other public or municipal corporation, the federal government, or any federal department or
agency, state or state agency or department, or
any school district.
H. "Public highway" means any way or
place of whatever nature, publicly maintained
and open to the use of the public for purposes
of vehicular travel.
I. "Public property" means land or waters
which are owned, rented, leased, managed or
maintained by a public entity (including all
easements appurtenant thereto), and shall include, but not be limited to, all buildings,
bridges, and structures thereon.
UNLAWFUL OPERATION OF
MOTORIZED VEmCLES AND
DISCHARGE OF FIREARMS AND
OTHER WEAPONS ON AND WITHIN
ONE HUNDRED FEET OF THE
SACRAMENTO RIVER RAIL-TRAIL,
UNLAWFUL DISCHARGE OF
FIREARMS AND OTHER WEAPONS
AT AND WITmN ONE HUNDRED
FEET OF THE KESWICK LAKE BOAT
LAUNCH FACILITY, AND
NIGHTTIME CLOSURE OF THE
SACRAMENTO RIVER RAIL-TRAIL
AND THE KESWICK LAKE BOAT
LAUNCH FACILITY
Sections:
9.10.010
9.10.020
9.10.030
9.10.040
9.10.050
Definitions.
Unlawful operation of
motorized vehicles.
Unlawful discharge of a
firearm or other weapon.
Nighttime closure.
Penalties and nuisance.
9.10.010
Definitions.
For the purposes of this chapter the following dermitions shall apply:
A. "BB device" means any instrument
which expels a metallic, plastic, rubber, or
other projectile, through the force of air pressure, compressed gas, or spring action.
B. "Bow" and "crossbow" mean any device designed to shoot bolts, quarrels, or arrows of any length.
C. "'Fireann" means any device from
which is expelled through a barrel a projectile
by the force of any explosion or other form of
combustion, including but not limited to, ri-
(Shasta County Supp. No.3, 10-04)
184-2
9.10.010
J. "Sacramento River rail-trail system"
means all of that pedestrian, bicycle and
equestrian trail system and appurtenant connecting trails, maintained by public entities
upon public property within the unincorporated area of Shasta County including, but not
limited to, the abandoned railroad grade of the
Southern Pacific Railroad between the terminus of the city of Redding Sacramento River
trail and Shasta Dam, which generally parallels the course of the Sacramento River and
Keswick Lake, and is located within Township 33 North, Range 5 West, Sections 20, 21,
32, 33; and Township 32 North, Range 5
West, Sections 4, 5, 8,9,16, 17, 18, 19,20,
21,28,29, ofthe Mount Diablo Meridian.
K. "Sling" or "slingshot" means any device which throws a missile or other projectile
by means of an elastic strip, length of strap or
staff designed to hold and propel the missile
or other projectile by hand. (Ord. 2003-3 § I
(part), 2003)
Motion (in Section 5 of Township 32 North,
Range 5 West, Mount Diablo Meridian).
2. It is not a violation of subsection A of
this section for any person to operate a motorized vehicle on any trail, or within one
hundred feet from the center line of any trail,
within the Sacramento River rail-trail system,
who has in his or her possession valid and
current written authorization to do so from
the Shasta County sheriff or the field office
manager of the Redding field office of the
Bureau of Land Management, or their respective designee(s).
3. It is not a violation of subsection A of
this section for any person to operate a motorized vehicle within one hundred feet from the
center line of any trail within the Sacramento
River rail-trail system so long as said motorized vehicle is located within the right-of-way
of a public highway. (Ord. 2003-3 § I (part),
2003)
Unlawful discharge of a
firearm or other weapon.
It is unlawful for any person to fire, discharge, shoot or utilize a firearm, BB device,
crossbow, bow, sling or slingshot while located on any trail, or within one hundred feet
from the center line of any trail, within the
Sacramento River rail-trail system and at the
Keswick Lake boat launch facility, or within
one hundred feet thereof. (Ord. 2003-3 § I
(part),2003)
9.10.030
9.10.020
Unlawful operation of
motorized vehicles.
A. It is unlawful for any person, other than
an employee or agent of a public entity acting
within the scope of that employment or pursuant to the authority of that agency, to operate a
motorized vehicle on any trail, or within one
hundred feet from the center line of any trail,
within the Sacramento River rail-trail system.
I. It is not a violation of subsection A of
this section for any person to operate a motorized vehicle on the abandoned Southern Pacific
Railroad grade between the gate owned by the
Bureau of Land Management located at the
townsite of Matheson (in Section 32 of Township 33 North, Range 5 West, Mount Diablo
Meridian) and the gate owned by the Bureau of
Land Management located at the townsite of
9.10.040
Nighttime closure.
A. It is unlawful for any person, other than
an employee or agent of a public entity acting
within the scope of that employment orpursuant to the authority of that agency, to be present on any trail, or within one hundred feet
from the center line of any trail, within the
184-3
(Shasta County Supp. No.3, 10-04)
9.10.040
Sacramento River rail-trail system, between
the hours of ten p.m. and five a.m.
1. It is not a violation of subsection A of
this section for any person to be present on
any trail, or within one hundred feet from the
center line of any trail, within the Sacramento
River rail-trail system, between the hours of
ten p.m. and five a.m., who has in his or her
possession valid and current written authorization to do so from the Shasta County sheriff or
the field office manager of the Redding field
office of the Bureau of Land Management, or
their respective designee(s).
2. It is not a violation of subsection A of
this section for any person to be present
within the right-of-way of a public highway
within one hundred feet from the center line
of any trail within the Sacramento River railtrail system between the hours often p.m. and
five a.m.
B. It is unlawful for any person, other than
an employee or agent of a public entity acting
within the scope of that employment orpursuant to the authority of that agency, to be present at the Keswick Lake boat launch facility,
or within one hundred feet thereof, between
the hours of ten p.m. and five a.m.
1. It is not a violation of subsection B of
this section for any person to be present at the
Keswick Lake boat launch facility, or within
one hundred feet thereof, who has in his or her
possession valid and current written authorization to do so from the Shasta County sheriff or
the field office manager of the Redding field
office of the Bureau of Land Management, or
their respective designee(s). (Ord. 2003-3 § 1
(part), 2003)
B. 1bis chapter is a regulatory provision
necessary for the protection of the public
health, welfare, and safety. In any criminal
prosecution for a violation ofthis chapter, it is
not necessary to prove knowledge or criminal
intent.
C. A violation of any provision of this
chapter constitutes a public nuisance. (Ord.
2003-3 § I (part), 2003)
9.10.050
Penalties and nnisance.
A. A violation of any of the provisions of
this chapter shall be punishable as provided in
Chapter 1.08 ofthis code.
(Shasta County Supp. No.3, 10-04)
184-4