Berkeley Municipal Code Ch. 13.94 Loitering Prohibited

The council finds as follows:

A. Increasingly citizens are being accosted by persons at City metered parking lots, and intimidated to pay or coerced to pay or forced to pay or threatened with harm to their body or property if they refuse to pay to have their vehicle and/or windshield washed.

B. Such activity in City parking lots has deterred citizens from parking in City lots because they fear they will be approached or accosted and because of fear of harm to themselves and their property if they refuse to pay for the washing of their vehicle and/or windshield.

C. Persons other than the owner or operator of the vehicle are offering for a price to insert coins in parking meters with coins after the expiration of time, in violation of the City’s parking laws.

D. Persons are congregating in City parking lots at all hours of the day and night creating loud noises and disturbing surrounding properties and that the congregation of said persons interferes with the flow of vehicles entering and exiting the parking lots.

E. Because of the immediate and increasing danger such activity on City property poses to citizens, this chapter is urgently needed for the protection of the public, peace, health and safety. (Ord. 6118-NS § 1, 1992)

For the purposes of this chapter, the following words shall have the meaning ascribed to them below:

A. "City parking lot" means any parking lot owned, operated or leased by the City.

B. "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a roadway. (Ord. 6118-NS § 2, 1992)

It shall be unlawful for any person to remain on a City parking lot except for the purpose of parking a vehicle and of egress and ingress from said vehicle. Notwithstanding the aforementioned, it shall not be unlawful for any person to remain seated in a lawfully parked vehicle for a maximum time of sixty minutes. (Ord. 6118-NS § 3, 1992)

Any person who shall be convicted of a violation of the provisions of this chapter shall be deemed guilty of a misdemeanor. (Ord. 6118-NS § 4, 1992)