Chapter 9.54 — UNLAWFUL PRESENCE IN BUSINESS AREA PARKING LOTS

UNLAWFUL PRESENCE IN BUSINESS AREA PARKING LOTS

For purposes of this chapter:

"Duly authorized agent" means and includes, but shall not be limited to, any police officer of the city who has been given specific or general authority on behalf of the owner of a parking lot to request that persons thereon leave the lot.

"Shopping center" means any store or stores, business or businesses, office or offices, theater or theaters, or any combined array or configuration thereof, with off-street parking facilities. (Ord. 523 §2, 1988)

• A. When a sign is in place giving notice of the provisions hereof, it shall be unlawful for the driver of any vehicle to park it or allow it to remain parked upon any parking lot in, or adjacent to a shopping center in the city except while the driver or the occupants of the vehicle are patronizing a store or service of said shopping center.

• 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 parking lot in, or adjacent to a shopping center in the city except:

  1. While crossing said lot in the course of entering or exiting a store or service at said shopping center;

  2. While exiting, entering or being in a vehicle whose driver or occupant is patronizing a store or service of said shopping center or while said vehicle is exiting or entering the parking lot;

  3. While working as an employee of said shopping center or a store or service therein.

• C. It is unlawful for any person to be on, or remain upon any parking lot in, on or adjacent to a shopping center when asked to leave by a police officer or the owner thereof, or his/her duly authorized agent; or after complying with such lawful order, such person returns within twenty-four hours and resumes the unlawful acts described above.

• (Ord. 523 §3, 1988)

The provisions of this chapter shall not apply:

• A. To any person or persons who have written permission of the owner of said parking lot to be on, or remain upon 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. When its application results or is coupled with any 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, 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. 523 §4, 1988)

Any person violating any of the provisions of this section is guilty of a misdemeanor; and, upon conviction thereof shall be punished by a fine, by imprisonment in the County Jail, or by both such fine and imprisonment.

• (Ord. 523 §5, 1988)

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. 523 §6, 1988)