Carlsbad Municipal Code Ch. 8.38 Obstruction of Property, Trespass, and Disorderly Conduct

The purpose of this chapter is to maintain public and private property open to the patronage of the public in an orderly and accessible condition to protect public health, safety, and welfare. The obstruction of or trespass upon these areas can interfere with the rights of others to use these areas for the purposes for which they were intended. Pedestrians, the elderly, disabled, and vision-impaired are put at increased risk when they must see and navigate around individuals sitting or lying upon a public walkway or otherwise obstructing public access. In some circumstances, people sitting or lying on public walkways deter members of the public from frequenting those areas. This, in turn, contributes to an erosion of the essential economic viability of those areas. Business failures and relocations can cause vacant storefronts, contributing to deterioration and blight, which harms the public health, safety, and welfare.

The city recognizes that there is a fundamental need to rest and sleep and desires to accommodate that need while also satisfying the needs of the general public to travel freely and safely throughout the city. The limited regulation of obstruction or trespass on public property or private property open to the patronage of the public is reasonably necessary and appropriately balances the public interest and individual rights.

(Ord. CS-405 § 5, 2021)

All definitions provided in Carlsbad Municipal Code Chapter 8.36, Section 8.36.020 are applicable to this chapter. Additionally, as used in this chapter:

"Loitering"

is defined as delaying or lingering in any one place without a lawful purpose under circumstances that would warrant a reasonable person to believe that the purpose or effect is to commit a crime or to conceal illegal activities.

(Ord. CS-405 § 5, 2021)

A. It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this chapter, to loiter, stand, sit, lie, sleep, maintain, or leave any objects, possessions, or structures in any manner that partially or completely blocks, obstructs, prevents, or otherwise hinders the free movement of people who may or may not yet be present at the location in question, or in any manner that impedes passage in contravention of federal or state disability access laws, either:

1. Upon any public sidewalk, street, curb, parkway, crosswalk, walkway or pathway area, highway, or park, or

2. Upon any shopping center or other private property open to the patronage of the public.

B. It is unlawful for any person, object, or possession to partially or completely block, obstruct, prevent, or otherwise hinder the free access to the entrance to any building open to the public, whether or not other persons are present at the location in question.

(Ord. CS-405 § 5, 2021)

It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this chapter, to remain on, wander, idle, or loiter on any parking lot, shopping center property, or any other private property open to the patronage of the public, without visible or lawful business with the owner or occupant or without the written permission of the owner, the person entitled to immediate possession or the authorized agent of either. This section does not apply to a public officer or employee acting within the course and scope of employment.

(Ord. CS-405 § 5, 2021)

A. It is unlawful for a person to commit any of the following acts with the intent to cause another person annoyance, alarm, or disturbance, or with the intent to interfere with another person's lawful discharge or pursuit of any lawful business or occupation:

1. Engaging in fighting or in violent, tumultuous, or threatening behavior that would put a reasonable person in fear for the person's safety; or

2. Using language that a reasonable person would consider offensive, lewd, vulgar, profane, threatening, abusive, or insulting, within the hearing range of another person in any public place or any place open to the patronage of the public; or

3. Uttering or using within the hearing of another person any language, words, epithets, expressions, or remarks, either intended to or likely to incite or create a breach of the peace; or

4. Encouraging by words or conduct, disobedience to any lawful order or request of any law enforcement officer pursuant to and in the performance of the officer's duties; or

5. Making or participating in making any unreasonably loud noise or engaging in offensive conduct or behavior, as measured by an objectively reasonable person standard, in any public place or any place open to the patronage of the public.

B. It is unlawful for a person to commit any of the acts specified in Section 8.38.050(A) with reckless disregard for the risk of causing another person annoyance, alarm, or disturbance, or of interfering with another person's lawful discharge or pursuit of any lawful business or occupation.

C. It is unlawful for a person to congregate with two or more other persons in any public place, or in any place open to the patronage of the public, when the purpose of congregating is, by words, acts, or conduct generally offensive to the community, to annoy, disturb, or interfere with another person's lawful discharge or pursuit of a lawful business or occupation, or to maliciously interfere with or annoy another person lawfully at the place.

(Ord. CS-405 § 5, 2021)

If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated.

(Ord. CS-405 § 5, 2021)