Morgan Hill Municipal Code Ch. 9.10 Loitering

The following definitions apply for purposes of this chapter:

A. "Loitering" means intentionally entering or remaining on any premises specified by this chapter under circumstances where a person engaged in such conduct:

1. Does not have a purpose directly and legitimately connected with the business or activity of the legal occupant of the premises or premises immediately adjacent, or their agents, servants, customers or employees; and

2. Refuses to comply with the lawful order of the legal owner, occupant or agent thereof, or a police officer to leave the property or premises or, after complying with such lawful order, such person returns (within forty-eight hours) and resumes loitering.

B. "Private property" means any private property or business premises open to public use, including but not limited to any parking facility, sidewalks or grounds adjacent thereto owned, occupied or used by the business or property owner.

C. "Public property" means any property owned by a federal, state or local agency, including but not limited to highways, streets, alleys, parking lots, sidewalks or crosswalks.

D. "Public nuisance" means anything which is: (1) injurious to health, (2) indecent or offensive to the senses of a reasonable person, (3) an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or (4) hindering or obstructing in any manner, through verbal or physical conduct, the free passage or use of any public property.

(Ord. 1508 N.S. § 2 (part), 2001)

It is unlawful for any person to loiter on any private property so as to cause a public nuisance.

(Ord. 1508 N.S. § 2 (part), 2001)

It is unlawful for any person to loiter on any public property so as to cause a public nuisance.

(Ord. 1508 N.S. § 2 (part), 2001)

The provisions of this chapter shall not apply in any of the following instances:

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

B. Where its application would result in the interference with or inhibition of any exercise of a constitutionally protected right of freedom of speech or assembly, including but not limited to peaceful expression of political or religious opinions.

(Ord. 1508 N.S. § 2 (part), 2001)