Chapter 9.42 — TRESPASSING AND LOITERING

"Community center" means any building or structure, or portion thereof, operated by or under the jurisdiction of the city of Manteca, and used for a planned recreation program.

"Loiter" or "loitering" means the act of remaining upon posted property without the permission of the owner or person in lawful possession, which may include remaining on a posted property without any obvious business reason at the property, causing a nuisance by being noisy or tumultuous, or engaging in conduct that could result in damage or litter to the posted property.

"Motor vehicle" shall be construed in the same manner as it is construed in the California Vehicle Code.

"Posted property" means any property that has been posted with signs in the manner specified in this chapter.

"Recreation facility" means any building or structure, or portion thereof, operated by or under the jurisdiction of the city of Manteca, and used for recreation purposes. A recreation facility may include, but is not limited to, the Manteca Senior Center, Manteca Park Golf Course, and Lincoln Pool.

"School property" means any building, structure, or property, or portion thereof, operated by or under the jurisdiction of the Manteca Unified School District and used for education or recreation purposes.

"Sign" means a board or placard not less than seventeen inches by twenty-two inches in size with lettering not less than one inch in height and must state the words, "Stopping, Standing, or Parking Vehicles Prohibited by Law. Vehicles Will be Removed at Owner's Expense. MPD Phone (209) 456-8100," as to stopping, standing, or parking, or upon which appear the words, "Trespassing- Loitering Prohibited by Law," and any time limit that may be specified thereon as to trespassing- loitering, or any such words approved by the chief of police.

"Trespass" or "trespassing" means the act of entering or remaining upon posted property without the permission of the owner or person in lawful possession. (Ord. O2024-04, 2/20/2024; Ord. O2024-22, 10/1/2024)

A property owner, property owner's agent, or other person in lawful possession of property may post the property prohibiting stopping, standing, or parking vehicles and/or trespassing or loitering on such property in the manner provided in Section 9.42.030. This section shall not apply to the following property:

• A. An established and existing right-of-way for public road purposes; or

B. Any property that come within the provisions of Section 554 of the Penal Code. (Ord. O2024-04, 2/20/2024; Ord. O2024-22, 10/1/2024)

A property owner, property owner's agent, or other person in lawful possession of property may prohibit stopping, standing, or parking vehicles and/or trespassing or loitering by posting on the property at a location sufficient to give adequate and reasonable notice of the restrictions. If the property has defined entrances, a sign must be posed at all entrances to the property. (Ord. O2024-04, 2/20/2024; Ord. O2024-22, 10/1/2024)

It is unlawful for any person to loiter or trespass at any posted property without the written permission of the property owner, property owner's agent, or other person in lawful possession or control thereof.

(Ord. O2024-04, 2/20/2024; Ord. O2024-22, 10/1/2024)

It is unlawful for any person to loiter at any community center, recreation facility, or school property operated by or under the jurisdiction of the city of Manteca or the Manteca Unified School District that has been posted in accordance with this chapter, when the property or any section or part thereof has been declared closed, whether temporary or at stated intervals, and whether entirely or is limited to certain uses as determined by an authorized employee or representative of the city or School District.

(Ord. O2024-22, 10/1/2024)

• A. Peace Officers. The provisions of this chapter shall not apply to the entry upon posted property of any peace officer or other duly authorized public employee.

• B. Labor Activities. The provisions of this chapter shall not apply to any otherwise lawful activity in connection with a labor dispute.

• C. Permission by Owner. The provisions of this chapter shall not apply when the owner of the posted property gives an individual express permission to enter the property.

• (Ord. O2024-04, 2/20/2024; Ord. O2024-22, 10/1/2024)

No person shall stop, park or leave standing such vehicle at any time within or upon any posted property without written permission of the owner, tenant or the occupant in legal possession or control thereof. Vehicles parked in violation of this requirement may be removed at the vehicle owner's expense.

(Ord. O2024-04, 2/20/2024; Ord. O2024-22, 10/1/2024)

It is unlawful for any person without authority to tear down, deface, or destroy any sign posted pursuant to this article.

(Ord. O2024-04, 2/20/2024; Ord. O2024-22, 10/1/2024)

Any violation of this chapter shall be subject to a misdemeanor. (Ord. O2024-04, 2/20/2024; Ord. O2024-22, 10/1/2024)