Lake Elsinore Municipal Code Ch. 9.32 Loitering

The City Council for the City of Lake Elsinore desires to prohibit obstructions and allow the free passage of pedestrians and vehicle traffic on public rights-of-way, entrances to buildings, and parking lots in a manner that will not abridge the exercise of a person's constitutional rights.

(Ord. 1058 § 1, 2000)

The term "loitering" as used in this chapter shall mean to delay, linger, or sit, lie or stand idly in one location.

(Ord. 1058 § 1, 2000)

A. Rights-of-Way. No person, after first being warned by a peace officer to vacate the premises, or where a sign has been posted giving notice of the provision of this chapter, shall loiter in or upon any public street, sidewalk, curb, crosswalk or other public right-of-way as to obstruct the free passage of pedestrian or vehicular traffic thereon. This section does not prohibit a person from sitting upon a public right-of-way if:

1. Necessitated by physical disability;

2. Viewing a legally conducted parade or special event;

3. On a bench lawfully installed.

B. Building. No person shall loiter so as to obstruct or prevent access to any structure or building open to the public.

(Ord. 1058 § 1, 2000)

The provisions of this chapter shall not apply when application would abridge the exercise of a person's rights protected under the United States Constitution and the California Constitution, including, but not limited to, the right of free speech, right of peaceable assembly and right to object to unreasonable search and seizure.

(Ord. 1058 § 1, 2000)

Violation of this chapter shall be deemed an infraction subject to the penalty for infractions as set forth in Chapter 1.16 LEMC.

(Ord. 1058 § 1, 2000)