Daly City Municipal Code Ch. 9.24 Trespassing and Loitering

Whenever the free passage of any street or sidewalk shall be obstructed by a crowd, the persons composing such crowd shall disperse or move on when directed to do so by any police officer.

(Prior code § 19-20)

No person shall loiter or stand in, sit upon or lie or sleep in or upon any public highway, alley, sidewalk, crosswalk or any other public way, or otherwise occupy any portion thereof in such a manner as to unreasonably annoy or molest any pedestrian thereon, or as to obstruct or unreasonably interfere with the free passage of pedestrians or motor vehicles, or unreasonably interfere with the use in the customary manner of such public highway, alley, sidewalk, crosswalk or other public way open to the public.

(Prior code § 19-32)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions of failing to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except that notwithstanding any other provision of this chapter, any such violation constituting a misdemeanor under this chapter may, at the discretion of the city attorney or the citing officer on the scene, be charged and prosecuted as an infraction.

(Ord. 1166 § 6, 1992: Ord. 1098 § 17, 1989)

Except as provided in Section 9.24.050:

A. No person who, having entered private property open to the public, shall refuse or fail to leave the premises immediately upon being requested to do so by the owner thereof, his lawful agent, or a person in lawful possession thereof.

B. No person who, having been requested to leave private property in the manner set forth in subsection (A) shall reenter the premises within twelve hours thereof without obtaining express permission from the party who requested him to leave, or the lawful agent thereof.

(Ord. 1136 § 1 (part), 1991)

Section 9.24.040 shall not apply in the following instances:

A. Where its application results with or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of sex, race, color, religion, ancestry, or national origin;

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

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

D. Where its application would result in an interference with or 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 offensive personal conduct.

(Ord. 1136 § 1 (part), 1991)

Section 9.24.040 shall not be construed to require any peace officer to arrest, issue a criminal citation, or remove any person from any premises when such officer determines that the presence of such person is based upon a substantial claim or color of legal right and that there is a dispute as to such matter as to which there are practical and effective civil remedies.

(Ord. 1136 § 1 (part), 1991)