Chapter 9.14 — UNLAWFUL PRESENCE IN MUNICIPAL PARKING LOTS

A.

The council finds and declares that minors and young adults are meeting in large groups on foot or by automobile in the municipal parking lots and remaining there to use the parking lots for purposes other than for what they are intended (i.e., parking while shopping or patronizing local businesses). The number of persons entering and exiting the parking lots and milling around automobiles, creates a safety hazard to pedestrians and drivers alike in the lots and on adjoining streets and prevents or interferes with parking by customers. Litter from broken bottles, empty beverage cans, discarded food wrappers and cigarette butts quickly accumulate on the lot creating a health hazard. Nearby stores and buildings are vandalized. Confrontation and fights develop and younger children and customers of local businesses are intimidated and frightened. These problems are particularly difficult to regulate or prevent.

B.

The council declares that the use of municipal parking lots in this manner is a public nuisance and requires urgent regulation.

(Ord. 514 § 2 (part), 1994)

Nothing herein contained is intended or shall be construed to be in conflict with or as a limitation upon any of the provisions of the Penal Code or the Vehicle Code of the State of California.

(Ord. 514 § 2 (part), 1994)

The following words and phrases, when used in the chapter, shall for the purpose of this chapter, have the meaning respectfully subscribed to them in this section.

A.

"Municipal parking lot" means any city-owned, leased or managed public parking facility.

B.

"Police officer" means any police officer of the city.

C.

"Store or service of any local business" also means and includes city or other governmental facilities.

(Ord. 514 § 2 (part), 1994)

A.

When a sign is in place giving notice of the provisions hereof, it is unlawful for the driver of any vehicle to park it or allow it to remain parked upon any municipal parking lot except while the driver or the occupants of the vehicle are patronizing a store or service of any local business or participating in or attending a city or downtown merchant association sponsored event.

B.

When a sign is in place giving notice of the provision hereof, it is unlawful for any person to be or remain upon any municipal parking lot in the city except:

While crossing said lot in the course of entering or exiting a store or service of a local business; or

While existing, entering or being in a vehicle whose driver or occupant is patronizing a store or service of a local business or while said vehicle is exiting or entering said parking lot.

C.

It is unlawful for any person to be or remain upon any municipal parking lot when asked to leave by a police officer.

(Ord. 514 § 2 (part), 1994)

The provisions of this chapter shall not apply:

A.

To any person or persons who has written permission by an agent of the city to be or remain on said lot or to park a vehicle upon said lot;

B.

Where its application would result in an interference with or inhibition of any exercise of a constitutionally protected right of freedom of speech, such as (but not limited to) peaceful expression of political or religious opinions not involving offensive personal conduct;

C.

Where its application results in 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 color, race, sex, disability, sexual preference, religion, creed, ancestry or national origin;

D.

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

(Ord. 514 § 2 (part), 1994)

The first violation of Section 9.14.040 constitutes an infraction and shall be punishable as such by fine in those amounts set forth in Government Code Section 36900 as may be amended from time to time. Any subsequent violation of Section 9.14.040, or a refusal to leave the premises after having been cited by any police officer for violation of Section 9.14.040 shall constitute a misdemeanor.

(Ord. 514 § 2 (part), 1994)