Chapter 9.10 — TRESPASSING AND LOITERING

Sections:

9.10.010 Chapter Application

9.10.020 Provisions Not to Be Deemed Duplicative of State Law

9.10.030 Sitting or Lying on Public Ways

9.10.040 Obstructing Entrances

9.10.050 Private Property

9.10.060 Trespass by Refusal to Leave

9.10.070 Trespass by Prohibited Entry

9.10.080 Form of Notification

9.10.090 Exceptions

This Chapter applies to the City of Adelanto.

No provision contained in this Chapter is intended, nor shall it be deemed or construed, to make punishable any act or acts which are prohibited by any law of the State.

No person shall sit, lie or sleep in or upon any highway, alley, sidewalk or crosswalk or other public way within the City. The provisions of this Section do not prohibit sitting upon a public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel if:

A. Necessitated by the physical disability of such person; or

B. Viewing a legally conducted parade; or

C. On a bench lawfully installed for such purposes; or

D. So authorized or directed by a peace officer or a public safety officer.

No person shall loiter, stand or sit in or at the entrance of any church, hall, public business, or place or public assemblage within the City so as to obstruct such entrance.

No person shall enter or remain upon any drive-in or take-out restaurant property, automobile parking lot, shopping center property or any other place open to the public without the implied or expressed consent of the owner, his agent or person in lawful possession thereof, or with knowledge that such consent has been withdrawn, in such manner as unreasonably to obstruct or interfere with the free passage of any vehicle or person. Nor shall any person drive a motor vehicle or remain in a motor vehicle on any drive-in or take-out restaurant property, automobile parking lot, shopping center property or any other place open to the public without the implied or expressed consent of the owner, his agent or person in lawful possession thereof, or with knowledge that such consent has been withdrawn, so as to unreasonably annoy or molest any person thereon or as to unreasonably obstruct or interfere with the free passage of any vehicle or person.

No person shall remain on any private property or business premises after being notified by the owner or lessee or other person in charge thereof to remove therefrom.

No person, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises, shall enter upon such private property or business premises after having been notified by the owner or lessee or other person in charge thereof to keep off or keep away therefrom.

Within the meaning of Sections 9.10.060 and 9.10.070, notification by the owner or lessee or other person in charge of the property of premises may be satisfied by direct verbal communication by any such person or by his duly designated agent, including a peace officer or private patrolman, or by sign conspicuously posted on the property or premises giving notice of the prohibition of the particular from of trespass involved.

This Chapter shall not apply in any of the following instances:

A. Where its application results in or is coupled with any act prohibited by the Unruh Civil Rights Act (which forbids a business establishment generally open to the public, from unreasonably and arbitrarily excluding any prospective customer, and from practicing any racial or other prohibited discrimination);

B. Where its application results in or is coupled with an act prohibited by any other provision of law relating to unlawful discrimination against any person on account of color, race, religion, creed, ancestry or national origin;

C. Where its application 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;

D. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

E. Where its application would result in an unreasonable interference with or an unreasonable inhibition of any other exercise of a constitutionally protected right of freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions, not involving conduct otherwise punishable criminally under such laws as Penal Code Section 647c (obstruction of a street, sidewalk or other public area), or Penal Code Section 415 (disturbing the peace); or

F. Where the person who is upon another’s private property or business premises is there under claim or color of legal right. This exception is applicable (but not limited to) the following types of situations involving disputes wherein the participants generally have suitable civil remedies readily available to them: Marital and post-marital disputes; child custody or visitation disputes; disputes regarding title to or rights in real property; landlord-tenant disputes; disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute; employer-employee disputes; business-type disputes such as those between partners; debtor-creditor disputes; and instances wherein the person claims rights to be present pursuant to order, decree or process of a court.