Lancaster Municipal Code Ch. 9.12 Loitering

For purposes of this chapter:

"Loitering" means to delay, linger or stand idly in one location.

"Shopping center" means a group of retail stores and/or service establishments designed to serve the community.

(Prior code § 4-1.10)

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 provisions of this chapter, shall loiter in or upon any public street, sidewalk, curb, crosswalk or other public right-of-way so 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

3. On a bench lawfully installed.

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

C. Shopping Centers. 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 provisions of this chapter, shall loiter in a parking lot of a shopping center without lawful business in any of the retail stores or service establishments of such shopping center.

(Prior code § 4-1.11)

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, including but not limited to, the right of free speech, right of peaceable assembly and right to object to unreasonable search and seizure.

(Prior code § 4-1.12)

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the California Penal Code, including, but not limited to, Sections 647 et seq., and 653 et seq.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the fee schedule in Section 1.12.020 of Chapter 1.12 of this code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this code. A cited person who has been granted an indigency waiver pursuant to Section 1.16.085 of Chapter 1.16 of this code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

(Ord. No. 1097, § 5(Exh. D), 1-10-2023)