Apple Valley Municipal Code Ch. 11.20 Trespassing and Loitering

No provision contained in this title 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.

Editor's note— Ord. 224, adopted June 13, 2000, repealed § 11.20.030, which pertained to loitering.

No person shall sit, lie or sleep in or upon any highway, alley, sidewalk or crosswalk or other public way within the Town. 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.

(A) No person shall camp, sleep outdoors or in a vehicle, or park a recreational vehicle overnight in a public location, other than in a designated commercial or public campsite, except by permission in writing by the Town Manager or his/her designee.

(B) No person shall light or maintain in a public place any fire or to cook, prepare, serve or eat any meal other than at a stove, barbecue, fire circle or other place provided for that purpose in a designated public or commercial campsite.

(C) No person shall intentionally urinate or defecate in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public.

(D) No person shall allow sewage or other wastewater to flow from any recreational vehicle onto the ground or to any location other than a designated sewage tank dump site intended for that purpose.

(E) No person shall drink, possess, or have under his or her control any alcoholic beverage in an open container or in a container the seal of which is broken in any public places within the Town, except on developed, private property or on those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.

(Ord. 302, 10-25-05)

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 Town 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 or her 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 or her 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.

No person shall solicit by harassing or menacing another person on a public street or sidewalk or in another place open to the public, whether publicly or privately owned.

(A) The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

1. Solicit means to ask another by word or gesture for money or for some other thing of value.

2. Solicit by harassing or menacing means to do any of the following while soliciting:

(a) Intentionally block or impede the passage of the solicitee;

(b) Touch the solicitee with the intent to intimidate or coerce;

(c) Follow the solicitee, going behind, ahead or along side of him or her, with the intent to intimidate or coerce;

(d) Threaten the solicitee, by word or gesture, with physical harm; or

(e) Abuse the solicitee with words which are offensive and inherently likely to provoke an immediate violent reaction.

(B) Any person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $1,000.00 or be imprisoned for a period not to exceed six months or both.

As used in this Chapter, "public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, shopping centers, undeveloped private property and buildings open to the general public.

(Ord. 302, 10-25-05)

Within the meaning of Sections 11.20.060 and 11.20.070, 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 or her 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 Penal Code § 365 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 § 647c (obstruction of a street, sidewalk, or other public area), or Penal Code § 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.

(Ord. 16, 6-20-89)