Milpitas Municipal Code Ch. 16 Unlawful Presence in Shopping Center Parking Lots

The Council finds and declares that persons are meeting in large groups on foot or by automobile in the parking lots of shopping centers, remaining there to use the parking lots for purposes other than for what they are intended (that is, temporary storage motor vehicles by customers of the shopping center). The numbers entering and exiting, and the aimless congregation of persons and automobiles, creates a safety hazard to pedestrians and drivers alike in the lots and on adjoining streets and prevents or interferes with parking by customers. Litter from broken bottles, empty beverage cans, discarded food wrappers and cigarette butts quickly accumulate on the lot and in the adjoining centers and neighborhoods, creating a health hazard. Nearby yards are trampled, nearby stores and buildings are vandalized. Confrontation and fights develop and young children and customers of the centers are intimidated and frightened. These problems are particularly difficult to prevent. The Council declares that the use of parking lots in shopping centers in this manner is a public nuisance and requires regulation.

(Ord. 211.1 § 1, 3/20/90: Ord. 211 (part), 3/3/81)

Nothing herein contained is intended or shall be construed to be in conflict with or as a limitation upon any of the provisions of the Penal Code or the Vehicle Code of the State of California.

(Ord. 211.1 § 2, 3/20/90: Ord. 211 (part), 3/3/81)

Any store or stores, business or businesses, office or offices or theatre or theatres, or any combination thereof, with off-street parking facilities.

(Ord. 211.1 § 3 (part), 3/20/90: Ord. 211 (part), 3/3/81)

The term shall include, but not be limited to, any police officer of the City of Milpitas who has been given specific or general authority on behalf of the owner of a parking lot to request that persons thereon leave the lot.

(Ord. 211.1 § 3 (part), 3/20/90: Ord. 211 (part), 3/3/81)

Anything which is injurious to health or is indecent or offensive to the senses, or any obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, or any parking lot, is a public nuisance.

(Ord. 211.1 § 3 (part), 3/20/90: Ord. 211 (part), 3/3/81)

To gather into a mass or crowd of more than two persons.

(Ord. 211.1 § 3 (part), 3/20/90: Ord. 211 (part), 3/3/81)

When a sign is in place giving notice of the provisions hereof, it shall be unlawful for the driver of any vehicle to park or allow it to remain parked upon any parking lot in, of or adjacent to a shopping center in the City of Milpitas with the intention of congregating with other individuals.

(Ord. 211.1 § 4 (part), 3/20/90: Ord. 211 (part), 3/3/81)

When a sign is in place giving notice of the provision hereof, it shall be unlawful for any person to intentionally congregate with others upon any parking lot in, of or adjacent to a shopping center in the City of Milpitas except:

a. While crossing said lot in the course of entering or exiting a store or service at said shopping center.

b. While exiting, entering or being in a vehicle whose driver or occupant is patronizing a store or service of said shopping center or while said vehicle is exiting or entering said parking lot.

(Ord. 211.1 § 4 (part), 3/20/90: Ord. 211 (part), 3/3/81)

It shall be unlawful for any person to be or remain upon any parking lot in, of or adjacent to a shopping center with intent to create a public nuisance when asked to leave by a police officer or the owner thereof or his duly authorized agent.

(Ord. 211.1 § 4 (part), 3/20/90: Ord. 211 (part), 3/3/81)

The provisions of this Chapter shall not apply:

To any person or persons who are present in the shopping center grounds for the purpose of patronizing a store or service of the shopping center.

(Ord. 211.1 § 5 (part), 3/20/90: Ord. 211 (part), 3/3/81)

To any persons who have written permission of the owner of said parking lot to be or remain on said lot or to park a vehicle upon said lot.

(Ord. 211.1 § 5 (part), 3/20/90: Ord. 211 (part), 3/3/81)

Where application of this Chapter would result in an interference with or inhibition of any exercise of a constitutionally protected right of freedom of speech, such as, but not limited to, peaceful expression of political or religious opinions not involving a public nuisance.

(Ord. 211.1 § 5 (part), 3/20/90: Ord. 211 (part), 3/3/81)

Where application of this Chapter results or is coupled with an act prohibited by the Unruh Civil Rights Act as it exists or may be hereafter amended or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry and national origin.

(Ord. 211.1 § 5 (part), 3/20/90: Ord. 211 (part), 3/3/81)

Where application of this Chapter would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities.

(Ord. 211.1 § 5 (part), 3/20/90: Ord. 211 (part), 3/3/81)

To any person or persons who have been invited by the shopping center proprietors onto the shopping center grounds to participate in, attend or observe a private or public event including, but not necessarily limited to, fairs, carnivals, concerts or festivals.

(Ord. 211.1 § 5 (part), 3/20/90: Ord. 211 (part), 3/3/81)

See I-1-4.09-2

(Ord. 211.1 § 6, 3/20/90: Ord. 211 (part), 3/3/81)

If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

(Ord. 211.1 § 7, 3/20/90: Ord. 211 (part), 3/3/81)