East Palo Alto Municipal Code Ch. 9.08 Loitering

The city council finds and determines that the adoption of the ordinance codified in this chapter as an urgency ordinance is necessary to protect the public health, safety and welfare. The city council adopts the following findings and declarations in support of this chapter.

A. The city has a compelling interest in protecting its citizens from crime, protecting the public from exposure to prostitution, illegal gambling, and drug and alcohol related crimes, protecting the public from juveniles committing crimes, and increasing the exercise of parental control over and responsibility for the city's children, and in reducing the opportunities for juvenile crime.

B. Increasingly, public property in the area of parks, schools, recreation centers, juvenile group homes and rehabilitation homes, outdoor public pay telephones, laundromats open for more than twelve (12) hours per day, retail liquor outlets, legitimate retail businesses, and boarded-up houses or buildings in the city are being used by drug dealers and users to buy, sell, transfer, and use cocaine, heroin and other illegal and dangerous drugs.

C. Additionally, the city has a compelling interest in protecting its youth from exposure to the corruption and ills of illegal gambling, drug sales, and soliciting for prostitution in open public view.

D. This chapter is for the immediate preservation of the public health, safety, security and welfare of the East Palo Alto community including the innocent inhabitants of buildings in these locations, neighboring residents and passers-by.

(Ord. 204 § 1, 1996)

As used in this chapter:

"Block" means both sides of a city street that begins at the intersection with one cross street and ends at the intersection with the next cross street.

"Boarded-up building" means any building with substantially secured ground level doors and windows by means of plywood or similar materials.

"Illegal drugs" means all controlled substances, or precursors or analog thereof, as defined in Division 10-10.1 of the California Health and Safety Code.

"Loiter" means to delay, linger or to idle about with an unlawful or illegitimate purpose.

"Retail liquor outlet" means any store licensed pursuant to Division 9 of the California Business and Professions Code for retail sale to consumers of alcoholic beverages for consumption off the licensed premises.

(Ord. 204 § 2, 1996)

A. It is unlawful for any person to loiter at any of the following locations, or within the same or adjacent block thereof, with the intent to engage in prostitution, gambling, buy, sell, transfer or use illegal drugs, after being asked to leave by any peace officer:

1. Parks;

2. Schools;

3. Recreation centers;

4. Juvenile group homes and rehabilitation homes;

5. Laundromats open for more than twelve (12) hours per day;

6. Retail liquor outlets;

7. Legitimate retail businesses;

8. Boarded-up houses or buildings; or

9. Outdoor public pay telephones.

B. Loitering on private property that is not open to the public is excluded from the scope of this chapter, except for private property that is part of the premises on which there is a boarded-up building or private school.

(Ord. 204 § 3, 1996)

A. Whenever a peace officer has probable cause to believe that a person is loitering with the intent to buy, sell, transfer or use illegal drugs in any of the above-specified locations, the officer must first require the person to leave the designated location. Only if the person refuses to leave the designated location upon request of a peace officer shall the person be subject to arrest.

B. For the purposes of enforcing this chapter only, probable cause that the person has the intent to engage in prostitution, gambling, buy, sell, transfer or use illegal drugs, shall be confined to the following circumstances:

1. When the enforcing officer has information that the individual has repeatedly been involved in illegal drug activity at the same location in the past by virtue of the officer's own experience or that of other officers; or

2. When a reliable informant has given the enforcing officer information that the individual intends to engage in illegal drug activity, at that location; or

3. When the enforcing officer has received complaints from citizens that the individual is engaging in the above-enumerated illegal activities at that location; or

4. The enforcing officer's personal observation of the individual's behavior at the location is consistent with the information known or received under subsection B.1, B.2 or B.3 above.

(Ord. 204 § 4, 1996)

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor.

(Ord. 204 § 5, 1996)

(Ord. No. 334, § 23, 7-20-2010)