Fillmore Municipal Code Ch. 15.34 Loitering

No person shall loiter or stand in or upon, or around any place held open to the public, whether publicly or privately owned, in such a manner as unreasonably obstructs or interferes with the traffic flow or access to any building or facility, or unreasonably obstructs or interferes with any lawful business or occupation carried on by the owner, manager or operator of the property, after being requested to leave by the owner, manager or operator of the property or their lawful representative. Examples of "unreasonably obstructs or interferes" for purposes of this section include but are not limited to, preventing people from being able to enter or leave a store, preventing patrons of a business from being able to access goods on display or on shelves or access a cashier, or preventing cars from being able to park in a parking lot when there are available parking spaces.

(Ord. No. 14-843, § 2, 5-27-2014)

No

person shall loiter, sit, or stand in or upon any public highway, alley, sidewalk, crosswalk, trail or other public right-of-way in such a manner as to obstruct or unreasonably interfere with any free passage of pedestrians, bicyclists or vehicles.

(Ord. No. 14-843, § 2, 5-27-2014)

This chapter shall not apply in any of the following instances:

A. Where its application results in or is coupled with any act prohibited by the Unruh Civil Rights Act (which forbids a business establishment generally open to the public, from unreasonably and arbitrarily excluding any prospective customer based upon race or other prohibited discrimination);

B. Where its application results in or is coupled with an act prohibited by any other provision of state, federal or local law relating to unlawful discrimination against any person;

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

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

E. Where its application would result in an unreasonable interference with or an unreasonable inhibition of 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, freedom of religion, or freedom of assembly, not involving conduct otherwise punishable criminally under such laws as Penal Code Section 647c (obstruction of a street, sidewalk or other public area), or Penal Code Section 415 (disturbing the peace with fighting, noise or offensive words); or

F. Where the person who is upon another's private property or business premises is there under claim or color of legal right. This exception is applicable (but not limited to) the following types of situations involving disputes wherein the participants generally have suitable civil remedies readily available to them: marital and post-marital disputes; child custody or visitation disputes; disputes regarding title to or rights in real property; landlord-tenant disputes; disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute; employer-employee disputes; business-type disputes such as those between partners; debtor-creditor disputes; and instances wherein the person claims rights to be present pursuant to order, decree or process of a court.

G. Where a person is lawfully operating as a sidewalk vendor consistent with the requirements of Chapter 7.12 of this code.

(Ord. No. 14-843, § 2, 5-27-2014; Ord. No. 19-901, § 15, 3-26-2019)

A. Officer Inquiry. Before taking any enforcement action under this chapter a police officer shall ask the apparent offender's reason for being on or in the public place or public way. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions in Section 15.34.030 apply.

B. Warning. No person shall be cited under this chapter unless the person engages in conduct prohibited by this chapter after having been notified by a law enforcement officer that the conduct violates this chapter.

(Ord. No. 14-843, § 2, 5-27-2014)

A. Any violation of this chapter may be cited as an infraction, subject to the penalties provided in Chapter 1.08.

B. The remedy in this section is cumulative and does not preclude other remedies under the code or other state, federal and local laws. Nothing herein shall preclude the city from seeking other legal or equitable remedies available to it by law.

(Ord. No. 14-843, § 2, 5-27-2014)