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CC Ordinance 2165ORDINANCE N0. zi6s BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TEXT AMENDMENT (PLN2012-199) TO ENACT CHAPTER 5.58 (TOBACCO RETAILER PERMIT) AND AMEND SECTION 6.10.020 (NUISANCE ABATEMENT AND ADMINISTRATIVE PENALTIES). After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION ONE: It is the intent of the City Council, in enacting this ordinance, to provide for the public health, safety, and general welfare by regulating the operation of lawful businesses to avoid circumstances which facilitate violations of state, federal, and local laws and by discouraging violations of laws forbidding the distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by state or federarlaw are criminally proscribed. SECTION TWO: The City Council finds and determines that the adoption of the proposed Text Amendment is exempt from CEQA under Section 15061(b)(3) whereby CEQA applies only to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to further CEQA review. SECTION THREE: Chapter 5.58 of the Campbell Municipal Code is enacted in whole as set forth in Exhibit A attached. SECTION FOUR: Section 6.10.020 of the Campbell Municipal Code is hereby amended as set forth in Exhibit B attached. Additions are indicated by italics and underscoring. Portions of Section 6.10.020 not shown in italics and underscoring type are not changed. SECTION FIVE: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSEf~J AND ADOPTED this 4th day of December 2012, by the following roll call vote: AYES: COUNCILMEMBERS: saxer, Waterman, Low, xotowslci NOES: COUNCILMEMBERS: cristina ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED-'" r Michael F. Kotowski, Mayor ATTEST: Anne Bybee, City Clerk Exhibit A Chapter 5.58 TOBACCO RETAILER PERMIT Sections: 5.58.010 Purpose. 5.58.020 General Regulations. 5.58.030 Application Procedure. 5.58.040 Issuance of Permit. 5.58.050 Permit Renewal and Expiration. 5.58.060 Fee for Permit. 5.58.070 Permit Conveys a Limited, Conditional Privilege. 5.58.080 Compliance Monitoring. 5.58.090 Tobacco Retailing without a Permit. 5.58.100 False and Misleading Advertising Prohibited. 5.58.110 Penalties and Enforcement. 5.58.120 Suspension or Revocation of Permit. 5.58.130 Revocation of a Wrongly Issued Permit. 5.58.140 Suspension or Revocation Process. 5.58.150 Hearing. 5.58.160 New Permit after Revocation. 5.58.170 Nondiscrimination. 5.58.180 Severability. 5.58.190 Definitions. 5.58.010 Puraose. This chapter is intended to set forth a local permit process for tobacco retailers to ensure that retailers comply with tobacco control laws and city business standards to protect the public health, safety and welfare. Individuals who wish to act as a tobacco retailer within the city must first obtain and maintain a valid Tobacco Retailer's Permit pursuant to these provisions for each location at which that activity is to occur. It is the responsibility of each proprietor to be informed of all laws applicable to tobacco retailing, including those laws affecting the issuance of a Tobacco Retailer's Permit. 5.58.020 General Regulations. Every person within the city who operates as a tobacco retailer is required to obtain and maintain a valid Tobacco Retailer's Permit. Every person within the city who operates as a tobacco retailer with a valid Tobacco Retailer's Permit shall comply with each of the following conditions: (a) Location. Tobacco retailing activities shall be conducted at a fixed location and within the enclosed area of the tenant space completely accessible to the general public during the hours of business operation: (b) Display of Permit. Each Tobacco Retailer Permit shall be prominently displayed in a publicly visible location at the permitted location: (c) Minimum A~:e for Persons Se11inQ Tobacco. No Person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing: (d) Minimum Age for the purchase of Tobacco. No Person engaged in tobacco retailing shall sell or transfer tobacco product or tobacco paraphernalia to a person whose legal age is under minimum age established by state law for the purchase or possession of tobacco products: (e) Positive Identification Required. Persons engaged in tobacco retailing may not sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess a tobacco product or tobacco paraphernalia: (f) Onsite Smoking Prohibited. Persons engaged in tobacco retailing shall not permit smoking inside or in any adjacent outdoor area owned, leased, or operated in the permitted premises. In addition, no person engaged in tobacco retailing shall permit smoking within twenty (20) feet of any doorway, window, opening, or other vent into the permitted premises. Further, no person engaged in tobacco retailing shall permit the presence or placement of usable ash receptacles within the permitted premises, such as ash trays or ash cans: (g) Self-Service Displavs Prohibited. Tobacco retailing by means of aself-service display is prohibited: (h) Permit Nontransferable. A Tobacco Retailer's Permit may not be transferred from one person to another or from one location to another. A new Tobacco Retailer's Permit is required whenever the proprietor(s) of a tobacco retailing location change. 5.58.030 Anplication Procedure. All applications shall be submitted on a form supplied by the City of Campbell Finance Department and shall contain the following information: (a) Application materials: (1) The name, address, and telephone number of each proprietor of the business seeking a permit: (2) The business name, address, and telephone number of the single fixed location for which a permit is sought: (3) A single name and mailing address authorized by each proprietor to receive all communications and notices (the "authorized address") required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above: 2 (4) Proof that the location for which a Tobacco Retailer's Permit is sought has been issued a valid state tobacco retailer's permit by the California Board of Equalization: (5) Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years: (6) Such other information as the city deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section: (7) The application shall be signed by each proprietor or an authorized agent thereof: (b) A permitted tobacco retailer shall inform the city in writing of any change in the information submitted on an application for a Tobacco Retailer's Permit within ten (10) business days of a change: (c) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seg.) or any other applicable law, subject to the laws' exemptions. 5.58.040 Issuance of Permit. Upon the receipt of a complete application for a Tobacco Retailer's Permit and the permit fee required by this chapter, the city shall issue a permit, except as otherwise provided in this chapter. The term of a Tobacco Retailer permit is one year and may be renewed annually. A permit will not be issued if substantial evidence demonstrates that one or more of the following exists: (a) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter: (b) The application seeks authorization for tobacco retailing at a location for which a Tobacco Retailer Permit has been denied pursuant to this chapter. However, this subparagraph shall not constitute a basis for denial of a permit if the applicant provides the city with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm's length transaction, and is not associated with the previous applicant in any way: (c) The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a permit to be issued: (d) The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending), that is unlawful pursuant to the Campbell Municipal Code, or that is unlawful pursuant to any other law: 3 5.58.050 Permit Renewal and Expiration. (a) Renewal of Permit. Each tobacco retailer shall apply for a renewal of the Tobacco Retailer's Permit and submit the permit fee no later than thirty (30) days prior to expiration of the term. A Tobacco Retailer's Permit is invalid if the appropriate fee has not been paid in full or if the teen of the permit has expired. (b) Expiration of Permit. A Tobacco Retailer's Permit not timely renewed shall expire at the end of its term. To renew a permit not timely renewed pursuant to subparagraph (a), the proprietor must: (1) Submit the permit fee and application renewal form; and, (2) Submit a signed affidavit affirming that the proprietor: (i) has not sold and will not sell any tobacco product or tobacco paraphernalia after the permit expiration date and before the permit is renewed; or (ii) has waited the appropriate ineligibility period established for tobacco retailing without a permit, as set forth in Section 5.58.160 of this chapter, before seeking renewal of the permit. 5.58.060 Fee for Permit. The fee to issue or to renew a Tobacco Retailer's Permit shall be established from time to time by resolution of the city council. The fee shall be calculated so as to recover any amount up to the cost of administration of this chapter, including, for example, issuing a permit and administering the permit program, but shall not exceed the cost of the regulatory program authorized by this chapter. Fees are nonrefundable except as maybe required bylaw. 5.58.070 Permit Conveys a Limited, Conditional Privilege. (a) Nothing in this chapter shall be construed to grant any person obtaining and maintaining a Tobacco Retailer's Permit any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the city identified on the face of the permit. (b) Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this code limitation, the Campbell Municipal Code, or any condition or limitation on smoking in an enclosed place of employment pursuant to Califomia Labor Code section 6404.5. For example, obtaining a Tobacco Retailer Permit does not make the retailer a "retail or wholesale tobacco shop" for the purposes of California Labor Code section 6404.5. 5.58.080 Comaliance Monitoring. (a) Compliance with this chapter shall be monitored by the city. Any peace officer may enforce the penal provisions of this chapter. The city may designate any number of additional Persons to monitor compliance with this chapter. 4 (b) Inspections may be conducted so as to allow the city to determine, at a minimum, if a tobacco retailer is conducting business in a manner that complies with laws regulating youth access to tobacco products and paraphernalia. (c) The city shall not enforce any law establishing a minimum age for tobacco purchasers or possession against a purchaser of tobacco that otherwise might be in violation of such ]aw because of the person's age if the potential violation occurs when: (I) The purchaser (hereinafter referred to as "youth decoy") is participating in a compliance check supervised by a peace officer or a code enforcement official of the city; (2) The youth decoy is acting as an agent of a person designated by the city to monitor compliance with this chapter; or (3) The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Santa Clara County Department of Health or the California Department of Health Services. 5.58.090 Tobacco Retailing without a Permit. (a) In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the city finds based on a preponderance of evidence, after notice and an opportunity to be heard consistent with Campbell Municipal Code Section 5.58.150 et. seq. that any person has engaged in tobacco retailing at a location without a valid Tobacco Retailer's Permit, either directly or through the person's agents or employees, the person shall be ineligible to apply for, or to be issued, a Tobacco Retailing Permit as follows: (1) After a first violation of this section at a location within any sixty (60) month period, no Tobacco Retailer Permit shall be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until thirty (30) days have passed from the date of the violation: (2) After a second violation of this section at a location within any sixty (60) month period, no Tobacco Retailer Permit shall be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until one calendar year has passed from the date of the second violation: (3) After of a third or subsequent violation of this section at a location within any sixty (60) period, no new permit may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until five calendar years have passed from the date of the most recent violation: (b) Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and permit ineligibility periods shall continue to apply to a location unless: 5 (1) The location has been fully transferred to a new proprietor (s); and (2) The new proprietor(s) provide the city with clear and convincing evidence that the new proprietor(s) have acquired or is acquiring the location in an arm's length transaction, and are not associated with the prior proprietor(s) in any way. (c) Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this section are subject to seizure by the city or any peace officer and shall be forfeited after the person, the person's agents or employees, or any other owner of the tobacco products and tobacco paraphernalia seized is given reasonable notice and an opportunity, consistent with Section 5.58.140, to demonstrate that the tobacco products and tobacco paraphernalia were not offered for sale or exchange in violation of this chapter. The decision by the city may be appealed pursuant to Section 5.58.150. Forfeited tobacco products and tobacco paraphernalia may be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure Section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final. (d) For the purposes of the civil remedies provided in this chapter: (1) Each day on which a tobacco product or tobacco paraphernalia is offered for sale in violation of this chapter constitutes a separate violation; or (2) Each individual retail tobacco product and each individual retail item of tobacco paraphernalia that is distributed, sold, or offered for sale in violation of this chapter constitutes a separate violation. 5.58.100 False and Misleadin¢ Advertisine Prohibited. A tobacco retailer without a valid Tobacco Retailer Permit or whose permit has been revoked shall be unable to: (1) Keep tobacco products and tobacco paraphernalia within public view (2) Display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location. 5.58.110 Penalties and Enforcement. In the course of Tobacco retailing or in the operation of the business or maintenance of the location for which a permit has been issued, it shall be a violation of this chapter for a permittee, or any of the permittee's agents or employees, to violate any local, state, or federal law applicable to Tobacco Products, Tobacco Pazaphernalia, or Tobacco Retailing. (a) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity: 6 (b) Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen (18) years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented: (c) Violations of this chapter are subject to a civil action brought by the city attorney, punishable by a civil fine not less than two hundred and fifty dollars ($250) and not exceeding one thousand dollars ($1,000) per violation: (d) Violations of this chapter may, in the discretion of the city attorney, be prosecuted as infractions or misdemeanors pursuant to Section 5.60.010 of this Tit]e: (e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter: (f) Violations of this chapter are hereby declared to be public nuisances pursuant to Campbell Municipal Code Section 6.10.020(a)(6)(~: (g) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. 5.58.120 Suspension or Revocation of Permit. A permit issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor may be suspended or revoked pursuant to section 5.58.140 of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a Tobacco Retailer's Permit any status or right to act as a tobacco retailer in contravention of any provision of law. In addition to any other penalty authorized by law, a Tobacco Retailer's Permit may be suspended and/or revoked as set forth below if any court of competent jurisdiction determines, or the city finds based on a preponderance of the evidence, after the permittee is afforded notice and an opportunity to be heard pursuant to Section 5.58.140, that the permittee, or any of the permittee's agents or employees, has violated subsection 5.58.020(d): (a) After a first violation of subsection 5.58.020(d) at a location within a 60 month period suspension of the Tobacco Retailer Permit shall be for a period no less than thirty (30) calendar days: (b) After a second violation of subsection 5.58.020(d) at a location within a 60 month period, suspension of the Tobacco Retailer Permit shall be for a period no less than sixty (60) calendar days. (c) After a third violation of subsection 5.58.020(d) at a location within a 60 month period the Tobacco Retailer Permit shall be revoked. 5.58.130 Revocation of a Wrongly Issued Permit. A Tobacco Retailer's Permit shall be revoked if the city finds, after the permittee is afforded notice and an opportunity to be heard consistent with the procedure set forth in Campbell Municipal Code Section 5.58.150 et. seq., that one or more of the bases for denial of a permit under section 5.58.040 existed at the time application was made or at any time before the permit issued. The decision by the city to revoke shall be the final decision. Such a revocation shall be without prejudice to the filing of a new permit application. 5.58.140 Suspension or Revocation of a Tobacco Retailer Permit. or Forfeiture of Seized Tobacco and Tobacco Paraphernalia Process. The city may suspend or revoke a Tobacco Retailer's Permit pursuant to Section 5.58.120 or 5.58.130 or deem seized tobacco and/or tobacco paraphernalia as forfeit pursuant to Section 5.58.090(c). Before the city suspends or revokes a permit or deems seized tobacco and/or tobacco paraphernalia as forfeit, the city shall provide written notice of the suspension or revocation of a permit or the pending forfeiture by personal delivery or First Class certified United States mail. The notice shall provide for the suspension or revocation of the permit or forfeiture of the seized items fifteen calendar days after mailing or personal delivery of the notice unless the permittee requests a hearing. The notice shall instruct the permittee on how to file a request for a hearing consistent with Section 5.58. 150 et. seq. The notice shall be addressed to the Permittee at the address provided in the Permittee's application, or other more reliable address if known to the city. If after the passage of fifteen calendar days from the mailing or personal delivery of the notice, the pennittee has not requested a hearing, the suspension, revocation, or forfeiture shall become final. 5.58.150 Hearin . (a) The Permittee can request a hearing before the city council on a decision of the city to suspend and/or revoke a Tobacco Retailer Permit or deem seized tobacco and tobacco paraphemalia. The request must be filed with the city clerk within fifteen calendar days following the mailing or personal delivery of written notice of the suspension and/or revocation. (b) The city clerk shall schedule a public hearing for the appeal to be considered by the city council. Notice of such hearing shall be mailed to the Permittee at least ten days prior to the hearing. Notice of such hearing shall also be mailed to the property owner of the property for which the permit was issued at the address listed for the property owner on the last equalized assessor's role. (c) The hearing shall be placed on the city council agenda within sixty calendar days after filing of the request, provided that the city council may continue from time to time any hearing held by it. (d) The city council shall conduct a de novo hearing and may approve or deny the appeal based on the grounds set forth in Sections 5.58.090(c) through 5.58.140 , as applicable. The council shall afford the Permittee an opportunity at the hearing to present any relevant evidence, and shall thereafter render its decision in writing, setting forth it findings. 8 5.58.160 New Permit after Revocation. (a) After first revocation at a location within any sixty-month (60) period, no new permit may issue for the location until one calendaz yeaz has passed from the date of revocation. (b) After second or more revocations at a location within any sixty-month (60) period, no new permit may issue for the location until five calendar years days have passed from the date of the most recent revocation. 5.58.170 Nondiscrimination. No person shall discharge, refuse to hire, or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter. 5.58.180 Severability. If any section, subsection, subdivision, pazagraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The campbell city council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, pazagraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 5.58.190 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: "Arm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an Arm's Length Transaction. "City" means the City of Campbell and each of its officers and employees designated to enforce or administer the provisions of this chapter. "Permittee" means a Tobacco Retailer or their authorized representative and/or employee with a valid Tobacco Retailer's Permit. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. 9 "Self-Service Display" means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. "Smoking" means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind) and means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind). "Tobacco Paaaphernalia" means cigazette papers or wrappers, pipes, holders of Smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. "Tobacco Product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the united states food and drug administration for use in treating nicotine or tobacco dependence. "Tobacco Retailer" means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. 10 Exhibit B Chapter 6.10 NUISANCE ABATEMENT AND ADMINISTRATIVE PENALTIES (Amended) Section: 6.10.020 -Nuisance conditions. (a) It is declared a public nuisance for any premises in the city to be maintained in such manner so as to be injurious to the health, or to be indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or for anyone to cause, or engage in any conduct that is injurious to the health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Such public nuisances shall include, but are not limited to: (1) Overgrown, dead, decayed or diseased trees, weeds and other vegetation that: (A) Is likely to harbor rats, vermin, and other similar nuisances, (B) Constitutes a fire hazard or a condition dangerous to the public health, safety and general welfare, or (C) Constitutes an unsightly appearance or otherwise detracts from the aesthetic or property values of the neighboring properties; (2) The presence or accumulation on a premises of any of the following for a period exceeding two weeks, except when the premises have been approved for such storage use under the laws and regulations of the city: (A) Debris, rubbish, scrap materials and trash, (B) Broken or discarded household furnishings, appliances, boxes and cartons and similar materials, (C) An area exceeding one hundred square feet containing lumber and building materials not being used for construction on the premises, (D) Vehicle parts and tires, or (E) Construction equipment and machinery except when in use for construction on the premises; (3) Objects including, but not limited to, unprotected and/or hazardous pools, ponds, ice boxes, refrigerators, or excavations that tend to attract children or other curious individuals, and which present a threat to the health, safety or welfare of such individuals; (4) Structures or buildings, both permanent and temporary, or other lot improvements, which are subject to any of the following conditions: (A) Are structurally unsafe, either entirely or in part, (B) Constitute a fire hazard, (C) A building or structure which is not completed within a reasonable time or for which the permit for such construction has expired, (D) Unoccupied buildings which have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements, (E) A building that has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated that it is structurally unsafe or otherwise unfit for human habitation, (F) Have faulty weather protection including, but not limited to, crumbling, cracked, missing, broken, or loose exterior plaster or other siding, roofs, foundations or floors (including lack of paint or other protective finish), missing windows or doors, (G) Fences and walls which are in a hazardous condition, or (H) Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief; (5) Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties, as determined by an enforcement officer; (6) Nuisance activity, or real property that has been the situs for nuisance activity including, but not limited to: (A) Disturbing the peace, (B) Illegal drug activity, (C) Public drunkenness, (D) Drinking alcoholic beverages in public, (E) Harassment of passersby, (F) Illegal gambling, (G) Prostitution, (H) The sale of stolen goods, (I) Acts of violence, (J) Public urination or defecation, (K) Acts of vandalism, (L) Acts of lewd conduct, (M) Unreasonably loud noise, (N) Loitering, (O) Excessive littering, (P) A violation of the provisions of Campbell Municipal Code Sections 5.12.030, 5.12.150, 5.12.180, 5.16.010, 6.04.020, 6.04.030, 6.04.050, 6.04.080,or 20.16.010, (Q) A violation of any of the provisions of Campbell Municipal Code Chapters 5.08.010, 5.24, 5.28, 5.29, 5.30, 5.36, 5.48, 5.58, 6.11, 11.04, 11.08, 11.12, 11.16, 11.32 or 13.04 (R) A violation of any of the provisions of Campbell Municipal Code Titles 7, 14, 17 or 18, (S) A violation of any of the provisions of Campbell Municipal Code Title 21, or any use of real property for a purpose or in a manner other than approved under the provisions of Title 21 (T) The use or maintenance of property in a manner contrary to a court order or judgment in an action in which the City is a party, regarding the use or maintenance of the property; (U) Any condition that would constitute a nuisance pursuant to Chapter 10.44 of the Campbell Municipal Code. (7) Placing any encroachment upon or obstruction in or to any sidewalks, street, alley, lane, court, park, or other public place without the approval of the city; (8) Obstructing the free passage or use, in the customary manner, of any sidewalk, public park, square, street, or highway; or (9) The maintenance or use of property in the city in a manner that violates, or real property that has been the situs of a violation of, any provision of any state or federal law or regulation. (b) Nothing contained in this chapter shall prohibit persons from participating in any activity which the city is precluded from proscribing under the United States Constitution or the California Constitution.