Monterey Municipal Code § 22-25 Activities conducted upon quasi-public property

Any person or persons, group, organization, corporation or other entity, or the officers, agents, employees, representatives, delegates or appointees of same which engage in the activity or activities of distribution or dissemination of ideas or information, whether for the purpose of soliciting funds, contributions, donations or otherwise, and whether in conjunction with the distribution of newspapers, magazines, leaflets, pamphlets, handbills, literature or otherwise shall do so in a manner which does not constitute an obstruction of the free flow of pedestrians or vehicular traffic within any quasi-public property, or an unreasonable interference with the lawful, normal, ordinary and efficient business operations of such property.

Quasi-public property as used herein is defined as any property which, although privately owned in whole or in part, is held open to the general public for commercial purposes and is intended to attract substantial members of the public for such purposes. Such quasi-public property shall include, but is not limited to, shopping centers, business blocks, transportation centers, including airports, railroad stations and bus terminals, wharves, stadiums, amphitheaters and other such property which is or may be used for public assemblies or other public purposes.

Obstruction of the free flow of persons and unreasonable interference with normal business operations as used herein, shall include, but is not limited to, the blockage, obstruction or impeding of entrance into or exit from any part, portion, section, or division of any quasi-public property, to include the ingress and egress to and from parking lots on such quasi-public property, the materials and vehicles on or within such property, and the violation of any state law or municipal ordinance pertaining to conduct or the regulation thereof on private, public or quasi-public property.

a.No person shall enter or remain upon private property or business premises after having been informed, orally or in writing, by the owner, the owner’s agent, or the person in lawful possession of the property, or any police officer or City official acting at the request of the owner, the owner’s agent, or the person in lawful possession of the property, to remove himself or herself therefrom. The posting of signs indicating the property is private or stating “no trespassing” shall be sufficient warning that the property is private and not open to public use, occupation, or entry, or the receipt of a written request to exclude persons from entering or remaining upon the property from the property owner, owner’s agent, or the person in lawful possession of the property by the City shall be sufficient to enable enforcement of this provision for a period not exceeding twelve (12) months. The requestor shall inform the City when the assistance is no longer desired, before the period not exceeding twelve (12) months expires. The request for assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.

b.It shall be unlawful for any person excluded from private property or business premises pursuant to subsection (a) of this section to reenter the subject premises within ninety (90) days after having been requested to remove himself or herself therefrom.

c.The foregoing notwithstanding, this section shall not apply in the following instances:

1.Where persons are lawfully on quasi-public property who are engaging in activities protected by the California or United States Constitution, unless such persons are interfering with or blocking ingress or egress to any premises on the property or are acting in a manner that is unsafe or disruptive to the quiet enjoyment of the property by its owner;

2.Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Acts or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, sexual orientation, creed, ancestry or national origin;

3.Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code;

4.Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

5.Where the person who is upon another’s private property or business premises is there under claim or color of legal right. This exception is applicable to (but not limited to) the following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies: marital and post-marital disputes; child custody visitation disputes; disputes regarding title to rights in real property; landlord-tenant disputes; disputes between persons residing together upon the property concerned up until the time of the dispute, employer-employee disputes; business-type disputes such as those between partners; debtor-creditor disputes, and instances wherein the person claims rights to be present pursuant to order, decree, or process of a court. (Ord. 3521 § 2, 2015)

No person shall enter or remain upon any property owned or controlled by the City of Monterey after having been ordered not to enter such property or having been ordered to leave same, either by posting of the premises with notices or upon order of a peace officer, when said City property or any portion thereof has been declared by order of the City Council or City Manager, closed continuously or for any interval of time, whether temporary or at stated intervals (days or otherwise), and whether entirely or merely as to certain uses, as said Council or City Manager shall find reasonably necessary for the conduct of City business and affairs, for the protection or preservation of the public peace, health and safety, or to avoid personal injury or property damage; however, this section shall not apply to persons on the property who are engaging in activities protected by the California or United States Constitution. (Ord. 3645 § 4, 2021)