Imperial Beach Municipal Code Ch. 9.28 Obstructing Free Movement

A. No person shall willfully and maliciously obstruct the free movement of any person on any street, sidewalk or other public place or on or in any place open to the public.

B. Penalty. Any person who violates any provisions of this chapter shall, upon conviction thereof, be punished as specified in Section 1.12.010 of the Imperial Beach Municipal Code.

C. Exceptions.

1. It is not intended that this section shall apply where its application would result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly;

2. The provisions of this subsection shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any parade permitted under the provisions the Imperial Beach Municipal Code; and

3. Nor shall the provisions of this subsection apply to persons sitting upon benches or other seating facilities provided for such purpose by municipal authority or permitted under the provisions of the Imperial Beach Municipal Code.

(Ord. 2008-1071 § 2)

For the purpose of this chapter, the following definitions shall apply:

"Maliciously"

imparts a wish to vex, annoy or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.

"Willfully,"

when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.

(Ord. 2008-1071 § 2)