McFarland Municipal Code Ch. 9.18 Loitering

A. "Activity related to illegal drugs" includes, but is not limited to, selling, purchasing, transporting, manufacturing, distributing, or using of any drug declared illegal under state or federal law or any drug paraphernalia, or the soliciting of advertising for sale, purchase, transportation, manufacture, distribution or use of any drug declared illegal under state or federal law or any drug paraphernalia.

B. "Business establishment" shall mean any entity, other than the state or a local governmental entity, however organized, which furnishes goods or services to the general public. An otherwise qualifying establishment which has membership requirements is considered to furnish services to the general public if its membership requirements: Consist only of payment of fees.

C. "Intentionally" or "with intent" shall mean all offenses defined in this chapter in which the mental culpability requirement is expressed as "intentionally" or "with intent" are declared to be specific intent offenses. A person acts "intentionally" or "with intent" when a person's conscious objective is to cause the specific result proscribed by the ordinance, regardless of whether or not the result actually occurred. Intent must be determined based on an evaluation of the particular circumstances of each case, and no specific circumstance or combination of specific circumstances are necessary in determining whether a person has the requisite intent.

D. "Loiter" shall mean to delay, linger, sit, lie, or stand without a lawful purpose for remaining on the property and:

1. With the intent of committing a crime as opportunity may be discovered; or

2. With the intent to use public property in a manner for which it is not intended.

E. "Parking lot" shall mean any area, either publicly or privately owned which is set aside for and/or used for the parking of vehicle required to be registered under the Vehicle Code of the state of California. Parking lot as thus defined shall not include those areas in residential zones used for off-street parking at a private residence.

F. "Public place" shall mean an area open to the public or exposed to public view, including but not limited to highways, streets, sidewalks, bridges, alleys, plazas, paths, parking lots, and public buildings, including the grounds enclosing those buildings.

G. "Sidewalk" shall mean that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

(Ord. No. 003-2018, § 1, 4-26-18)

A. It is unlawful for any person to loiter in or upon any car wash, parking lot, public street, street, sidewalk, alley, parking lot open to the general public, highway, or business establishment or otherwise occupy any portion thereof in such a manner as to unreasonably annoy or molest any pedestrian thereon or as to obstruct or unreasonably interfere with the free passage pedestrians in the city of McFarland.

B. It is unlawful for any person to loiter in any public place or business establishment with the intent to commit any activity related to illegal drugs or any offense specified in the California Health and Safety Code.

C. Each and every day and any portion of any day during which a violation of this section is committed, continued or permitted shall constitute a separate offense.

(Ord. No. 003-2018, § 1, 4-26-18)