Cupertino Municipal Code Ch. 10.56 Trespassing Upon Parking Lots, Shopping Center Property and Other…

“Shopping center” means a geographically integrated group of commercial establishments planned, developed and managed as a unit and capable of furnishing customers’ daily needs of goods and services on a one-stop basis.

(Ord. 880, (part), 1978)

A. It is unlawful for any person, other than a public officer or employee acting within the scope of his or her employment, to enter or remain on any shopping center property, or any other private property open to the public within the City, after the owner, lessee or other person in charge of the property has, for good cause, demanded that such person remove themselves from the property.

B. Good cause for removing someone from the property is limited to the following instances:

1. Where the person participates in, or engages in conduct which urges a riot, acts of force or violence, or the burning or destroying of property within the meaning of Penal Code Sections 404 and 404.6;

2. Where the person participates in an unlawful assembly as deemed in Penal Code Section 407;

3. Where the person engages in conduct which constitutes a disturbance of the peace as deemed in Penal Code Section 415;

4. Where the person intentionally interferes with the lawful conduct of business on the premises by obstructing or intimidating those attempting to carry on business, or by obstructing or intimidating their customers within the meaning of Penal Code Section 602.1;

5. Where the person engages in disorderly conduct within the meaning of Penal Code Section 647, including loitering, accosting other persons for the purpose of begging, and being under the influence of any drug or liquor;

6. Where the person willfully and maliciously obstructs the free flow of pedestrian movement within the meaning of Penal Code Section 647c;

7. Where the person causes a noise disturbance in violation of Chapter 10.48 of this Code; or

8. Where the person smokes in violation of federal or state law, any provision of this Code or in violation of smoking rules established by any shopping center within the City.

(Ord. 14-2121, § 7, 2014; Ord. 1666, § 2 (part), 1994; Ord. 880, (part), 1978)

The provisions of this chapter shall not apply where the owner, lessee or other person in charge of a shopping center or other private property open to the public prohibits or unreasonably interferes with constitutionally protected free speech activities.

(Ord. 1666, § 2 (part), 1994; Ord. 880, (part), 1978)

Nothing in this chapter prohibits owners, lessees or other persons in charge of a shopping center or other private property open to the public from establishing and enforcing regulations, in compliance with applicable law, which restrict free speech activities on their property.

(Ord. 1666, § 2 (part), 1994; Ord. 880, (part), 1978)

Nothing in this chapter affects the power of authorized law enforcement officers to arrest and prosecute violators of the California Penal Code, any other statute of the State of California or other ordinances of the City.

(Ord. 1666, § 2 (part), 1994; Ord. 880, (part), 1978)

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, and upon conviction thereof shall be punished as provided in Chapter 1.12.

(Ord. 1666, § 2 (part), 1994; Ord. 880, (part), 1978)