Modesto Municipal Code Art. 15 Acts Constituting Disorderly Conduct

(a) A residence shall mean a dwelling designed for occupancy by not more than two (2) families, whether in one (1) or separate dwelling units.

(b) Apartment houses shall mean any structure designed, built, or rented for occupation as a home by three (3) or more families, each living in a separate apartment containing cooking facilities.

(c) Drive-in theater shall mean and include any land enclosed by a fence, containing a stage or screen designed primarily for the presentation of moving pictures, shows, dramatic or musical performances and designed to accommodate automobiles or other vehicles operated, used or occupied by the patrons of said theater during the presentation of said show or performance.

(d) Drive-in restaurant or drive-in stands shall mean and include any restaurant, or any place where food or beverages or other refreshments are sold to the public, and so designed as to accommodate the automobile or other vehicles operated or occupied by patrons or customers of said restaurant receiving service in said automobile or vehicle.

(e) Hotel shall include motel, motel-hotel and motor court.

(f) Trailer court or trailer park shall mean and include any area or tract of land where space is rented or held out for rent and intended for occupancy by two (2) or more coaches or trailer houses.

(Added by Ord. 378-C.S., effective 5-26-60)

It shall be unlawful for any person:

(a) To use offensive, lewd, vulgar, licentious, profane, threatening, abusive or insulting language within the hearing of any other person to the annoyance of such person, in any public place, or any place open to the patronage of the public;

(b) To engage in or be a party to any boisterous or offensive conduct or behavior in any public place or any place open to the patronage of the public;

(c) To shout, or willfully make any loud raucous noise, either outside or inside a public building or a building open to the patronage of the public, to the annoyance or disturbance of any other person inside or outside said building;

(d) To congregate with two (2) or more other persons on any public street or in any public place, or in any place open to the patronage of the public, when the purpose of so congregating is to annoy, disturb, or interfere with the lawful discharge or pursuit of any lawful business or occupation by any other person, or to maliciously interfere with or annoy any other person lawfully on such place, by words, act or conduct generally offensive to the community and to such person;

(e) To become part of, or remain in a group of three (3) or more persons in any public place or any place open to the patronage of the public, when any member of such group is engaged in the commission of a felony or a misdemeanor; or when any member of such group is known to be about to engage in the commission of a felony or a misdemeanor, and after disobedience to a request to disperse has been made to such persons by a law enforcement officer or by the owner or person in charge of said premises;

(f) To utter, or use within the hearing of any other person, any language, words, epithets, expressions or remarks, either intended to or likely to incite or create a breach of the peace;

(g) To incite or encourage by words or conduct, disobedience to any lawful order or request of any law enforcement officer pursuant to and in the performance of his duties;

(h) To park any automobile or other vehicle, whether attended or not, upon any private parking lot intended for the employees, customers, clients, or patrons of any professional, business, commercial or industrial establishment when such parking lot is posted at the entrance thereof in a conspicuous manner conveying the information to the public that such parking lot is reserved for such employees, customers, clients and patrons of said professional, business, commercial or industrial establishment;

(i) To enter the premises, including the grounds of any private residence, for the purpose of participating in any festivity, party, social function, social affair, dance, ceremony or private gathering of persons, unless such person so entering the premises or grounds, was at the time of such entering, an invitee or guest of the occupant of said premises; and no person under false pretense of being an invitee or guest shall gain admittance to any such premises or grounds.

(Added by Ord. 378-C.S., amended by Ord. 3023-C.S., § 1, effective 2-27-97)

(a) Findings. The Modesto City Council finds that pedestrian safety and the free flow of pedestrian traffic, as well as public safety in general, is substantially impaired by people sitting or lying on public sidewalks, streets, or other public places in a way that makes passage by others difficult. Such conduct presents a hazard, not only to pedestrians, but also to those who position themselves in such a way as to block public passage.

In addition, the Modesto City Council finds that public welfare is promoted by economically sound commercial areas within the City of Modesto. Easy accessibility to goods and services attracts both businesses and consumers and results in tax revenues to support public services. This results in an increase in economic productivity.

People who sit, lie down, or substantially obstruct pedestrian traffic inconvenience and intimidate patrons. This conduct leads to a rapid decline in commercial activity and economic growth. Such a decline ultimately threatens public safety, public health and the public welfare of the citizens.

(b) Definitions. For purposes of this section, the following definitions apply:

(1) "Public place" means an area open to the public and includes sidewalks, streets, alleys, bridges, parking lots, parks, plazas, and doorways and entrances to buildings.

(2) "Business district" means any area zoned for business purposes by the zoning ordinances of the City of Modesto.

(c) Prohibition; Exceptions. No person, after notification by a law enforcement officer that he or she is in violation of the prohibition stated in this section, shall sit, lie down or substantially obstruct the free passage of any person or persons on any street, sidewalk or other such public place in the business district of the City of Modesto during the hours between 7:00 a.m. and 12:00 a.m., except as provided below:

(1) Sitting or lying down on a public sidewalk due to a medical emergency;

(2) Using a wheelchair or similar device to move about the public sidewalk as a result of disability;

(3) Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to an encroachment permit;

(4) Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to any applicable permit;

(5) Sitting on a chair or bench located on the public sidewalk and supplied by a public agency or by the abutting private property owner;

(6) Sitting on a public sidewalk while waiting for public or private transportation;

(7) Applying this section so that it would result in the interference with, or inhibition of, any exercise of the constitutionally protected right of freedom of speech or assembly.

(d) Violation. A violation of the provisions of this section shall constitute an infraction.

(Added by Ord. 3023-C.S., § 2, effective 2-27-97)

This ordinance shall not apply to members of the Military or Naval Forces of the United States or the State Militia in obedience to lawful orders of duly constituted authority.

(Added by Ord. 378-C.S., effective 5-26-60)

It shall be unlawful to loiter on any property in the proximity of any posted no-cruising zone between the hours of 6:00 p.m. of one day and 6:00 a.m. the next day. As used in this section, the term "loiter" means to delay or linger without a lawful purpose for being on the property. "Property in the proximity of any posted no-cruising zone" as used in this section shall mean any property which is both visible from and located within three hundred (300) feet of any portion of a street, alley, or highway which is posted as a no-cruising zone pursuant to Article 18 of Chapter 2 of Title 3 of the Modesto Municipal Code.

Violation of this section is an infraction. The minimum penalty for a first conviction is a seventy-five dollar ($75.00) fine; for a second conviction within one (1) year, the minimum penalty is a one hundred fifty dollar ($150.00) fine; for a third or subsequent conviction within one (1) year, the minimum penalty is a two hundred fifty dollar ($250.00) fine.

The refusal by any person to leave the premises after having been cited by any peace officer for a violation of this section shall constitute a misdemeanor. The punishment for a misdemeanor violation of this section shall be as provided by Section 1-2.01 of this Code.

Any minor who is cited for a violation of this section shall be considered in violation of a traffic offense for purposes of California Welfare & Institutions Code Section 256.

(Added by Ord. 2707-C.S., § 1, effective 5-30-90)