Chapter 9.32 — TRESPASSING AND LOITERING

This chapter applies to the city.

(Code 1969, § 9.32.010; Ord. No. 547, § 2(part), 1985)

No person shall loiter or stand in any public highway, alley, sidewalk, or crosswalk or other public way, or otherwise occupy any portion thereof within the city, in such a manner as unreasonably to annoy or molest any person, thereon or as unreasonably to obstruct or interfere with the free passage of any person.

(Code 1969, § 9.32.020; Ord. No. 547, § 2(part), 1985)

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:

(1)

Necessitated by the physical disability of such person;

(2)

Viewing a legally conducted parade; or

(3)

On a bench lawfully installed for such purposes.

(Code 1969, § 9.32.030; Ord. No. 547, § 2(part), 1985)

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

(Code 1969, § 9.32.040; Ord. No. 547, § 2(part), 1985)

(a)

Definitions. For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

Automated teller machine means any electronic information processing device used by a financial institution and its customers for the primary purpose of executing transactions solely between the financial institution and its customers.

Automated teller machine branch office means a branch office that consists exclusively of one or more automated teller machines. An automatic teller machine branch office of a bank may include:

(1)

A night depository facility; and

(2)

Personnel of the bank; provided that the personnel do not accept deposits, paychecks or make loans.

Loitering means to delay or linger without any lawful purpose for being on or near the property or for the purpose of committing a crime as opportunity may be discovered.

Solicitation means to ask or beg for money or something of value by spoken word, bodily gesture, or sign, as a donation or as consideration for a service or sale of goods.

(b)

Loitering or solicitation prohibited. The following conduct is prohibited:

(1)

Loitering or solicitation within 25 feet of any automated teller machine or automated teller machine branch office.

(2)

Solicitation within 25 feet of any bus stop, taxi stand, or similar location, or on any public bus or similar transportation vehicle.

(3)

Solicitation of a person who is occupying a motor vehicle (other than a commercial vehicle, or an emergency vehicle offering services to the public).

(4)

Solicitation of a person standing in line to obtain entrance into a restaurant, bar or theater or for any other purpose.

(5)

Solicitation of a person seated in an outdoor dining area.

(Code 1969, § 9.32.045; Ord. No. 723, §§ 2, 3, 1996; Ord. No. 933-2015, § 1, 6-15-2015)

No person shall enter or remain upon any drive-in or take-out restaurant, 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 annoy or molest any person thereon 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, 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 unreasonably to obstruct or interfere with the free passage of any vehicle or person.

(Code 1969, § 9.32.050; Ord. No. 547, § 2(part), 1985)

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.

(Code 1969, § 9.32.060; Ord. No. 565, § 1(part), 1987)

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.

(Code 1969, § 9.32.070; Ord. No. 565, § 1(part), 1987)

Within the meaning of sections 9.32.060 and 9.32.070, notification by the owner or lessee or other person in charge of the property or 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 form of trespass involved.

(Code 1969, § 9.32.080; Ord. No. 565, § 1(part), 1987)

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

(1)

Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act, Civil Code § 51, (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);

(2)

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;

(3)

Where its application results in or is coupled with an act prohibited by Penal Code ch. 365 or any other provision of law relating to duties of innkeepers and common carriers;

(4)

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

(5)

Where its application would result in an interference with or 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 ch. 415 (fighting; noise; offensive words);

(6)

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 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.

(Code 1969, § 9.32.090; Ord. No. 565, § 1(part), 1987; Ord. No. 615, § 1(part), 1989)