Lancaster Municipal Code Ch. 9.54 Public Access to Health Care Facilities, Places of Worship and Schools

Footnotes:

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Editor's note— Ord. No. 1126, § 2(Exh. A), adopted Feb. 25, 2025, set out provisions intended for use as Ch. 9.52. Inasmuch as there were already provisions so designated, said sections have been codified herein as Ch. 9.54, at the discretion of the editor.

This chapter shall be known as the City of Lancaster's Buffer Zone Regulations.

(Ord. No. 1126, § 2(Exh. A), 2-25-2025)

For purposes of this chapter, the following definitions apply:

"Consent" means to give permission through words or acts to what another person proposes through words or acts.

"Entrance" and "exit" mean any door, gate, opening, or intersection of the public right-of-way and a private walk or path leading to a health care facility, place of worship, or school grounds, used by persons to gain access to or leave the premises of a health care facility, place of worship, or school grounds.

"Harass" and "harassment" mean engaging in knowing and willful actions or course of conduct directed at a specific person or persons that would seriously alarm or aggravate, cause substantial distress to, intimidate, terrorize, threaten, or torment a reasonable person. Harassment does not include consensual conversations or displaying a sign from more than eight feet away from a person or persons. Harassment includes approaching or following a person with the intent to harass once the person has indicated they do not want to be approached or followed; intentionally touching or causing physical contact with a person without that person's consent; and using violent or threatening gestures toward a person.

"Health care facility" means any medical or health facility, hospital, or clinic within the city that is licensed as a health care facility under state law or any building, office, or other place within the city regularly used by any health care provider licensed under California law to provide medical, nursing, counseling, referral, information, or advice to patients.

"Intimidate" means use of credible threats of violence, oppression, or coercion with the intent to prevent a person from accessing a health care facility, place worship, school grounds, or a parking lot.

"Obstruct" means making ingress to or egress from a health care facility, place of worship, school grounds, or a parking lot impassable or unreasonably difficult or hazardous. Obstruct includes intentionally blocking or interfering with the safe or free passage of pedestrians or vehicles by any means, intentionally causing a pedestrian to take evasive action to avoid physical contact, and placing signs, tables, chairs, or other objects in a manner that blocks the flow of pedestrian traffic.

"Parking lot" means property owned, leased, occupied, or otherwise held out to the public by a health care facility, place of worship, or school as a place where a person can park a vehicle for the purpose of accessing the health care facility, place of worship, or school grounds.

"Place of worship" means a place in which religious worship, as defined under California law, is conducted.

"School grounds" means the building or buildings set aside for purposes of giving instruction on those courses of study required by the California Education Code or maintained pursuant to standards set by the State Board of Education, or in which such instruction is actually given, plus any grounds surrounding the school that are enclosed by a fence, wall, hedge, or other manner of enclosure. School grounds does not include the grounds associated with a vocational or professional institution of higher education, including a community or junior college, college, or university and does not include a private residence where home schooling activities occur.

(Ord. No. 1126, § 2(Exh. A), 2-25-2025)

A. No person shall obstruct an entrance or exit or access to a parking lot of a health care facility, place of worship, or school grounds.

B. Within a radius of one hundred (100) feet of a health care facility, place of worship, or school grounds, no person shall:

1. Approach within eight feet of a person in the public right-of-way or sidewalk area who is seeking to enter or exit a health care facility, place of worship, or school grounds to harass or intimidate the person; or

2. Harass or intimidate a person in the public right-of-way or sidewalk area who is seeking to enter or exit a health care facility, place of worship, or school grounds.

C. Within a radius of one hundred (100) feet of a health care facility, place of worship, or school grounds, unless the person or motor vehicle occupant consents, no person shall:

1. Knowingly and willfully approach within eight feet of a person in the public right-of-way or sidewalk area who is seeking to enter or exit a health care facility, place of worship, or school grounds, to: (a) pass a leaflet or handbill to that person; or (b) display a sign to that person; or (c) engage in oral protest, education, or counseling.

2. Knowingly and willfully approach within eight feet of an occupant of a motor vehicle seeking to enter or exit a parking lot, to: (a) pass a leaflet or handbill to the motor vehicle occupant; (b) display a sign to the motor vehicle occupant; or (c) engage in oral protest, education, or counseling.

D. For purposes of this division, eight feet shall be measured from the extension of the body of the person seeking to enter or exit a health care facility, place of worship, or school grounds or the exterior of the occupied motor vehicle seeking to enter or exit a parking lot to the extension of the body of, or any sign or object held by, another person.

E. For purposes of this division, one hundred (100) feet shall be measured from the main entrance door, or if the property is fenced and gated then from the main entrance gate, of the health care facility, place of worship, or school grounds.

F. This section 9.52.030 does not apply to:

1. Law enforcement or public safety officials acting in the scope of their employment; and

2. Employees, agents, or volunteers of the health care facility, place worship, or school or school district operating on school grounds acting within the scope of their employment, agency, or volunteer service.

(Ord. No. 1126, § 2(Exh. A), 2-25-2025)

A. Within a radius of one hundred (100) feet of a health care facility, place of worship, or school grounds, no person shall:

1. Make, or cause to be made, any disturbing, excessive, or offensive noise which causes discomfort or annoyance to any reasonable person of normal sensitivities; or

2. Make, or cause to be made, any noise which unreasonably interferes with the workings of a health care facility, place of worship, or school; or

3. Use loud speaking amplifiers or similar devices in a manner that emits a sound level exceeding fifty-five (55) decibels any point ten feet or more from the noise source.

B. This section 9.52.040 applies from one hour before until one hour after the posted business hours of the health care facility, place of worship, or school.

C. This section 9.52.040 does not apply when loud speaking amplifiers are operated by law enforcement or public safety officials acting in the scope of their employment.

(Ord. No. 1126, § 2(Exh. A), 2-25-2025)

A. Any person who is aggrieved by an act prohibited by sections 9.52.030 or 9.52.040 may bring an action for damages, injunctive or declaratory relief, as appropriate, in a court of competent jurisdiction against any person who has violated or has conspired to violate those sections. An aggrieved person includes any health care facility, place of worship, or school or school district operating on school grounds.

B. Any aggrieved person who prevails in an action brought under this section 9.52.050 shall be entitled to recover from the violator those actual damages, costs, attorneys' fees and such other relief as determined by the court. In addition to all other damages, the court may award to the aggrieved person a civil penalty of up to $2,500 for each violation.

C. The remedies provided by this section 9.52.050 are in addition to any other legal or equitable remedies the aggrieved person may have and are not intended to be exclusive.

D. Any violation of section 9.52.030(A) or (B) shall constitute a misdemeanor. A first conviction for violation of either section shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for a period of not more than three months, or by both fine and imprisonment. Each subsequent conviction for violation of either section shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

E. A law enforcement official may order any group of two or more persons who continue to violate this division after a verbal warning to move to an area at least one hundred (100) feet away from any entrance or exit to a healthcare facility, place of worship, or school grounds. This paragraph shall apply from one hour before until one hour after the posted business hours of the health care facility, place of worship, or school operating on school grounds.

(Ord. No. 1126, § 2(Exh. A), 2-25-2025)