Chapter 9.16 — OFFENSES AGAINST PUBLIC PEACE

A.

Public Property. No person, after first being warned by a law enforcement officer, shall loiter, stand, sit or lie in or upon any public street, sidewalk, curb, crosswalk, walkway area or mall so as to wilfully and maliciously hinder or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person block, obstruct, or prevent the free access to the entrance of any building open to the public.

B.

Private Property Open to the Public. No person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this section, shall loiter, stand, sit or lie in or upon any portion of private property utilized for public use, so as to wilfully and maliciously hinder or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person wilfully and maliciously block, obstruct, or prevent the free access to the entrance of any building open to the public.

C.

Signs posted as provided in this section shall conform to the following requirements:

Each sign shall not be less than twenty-two inches by thirty inches;

Colors of such signs shall be optional;

All signs shall be clearly visible to persons in restricted locations;

Signs shall have the word "WARNING" not less than two inches in height, and all other lettering shall be at least five-eighths inches in height;

Signs shall be posted every one hundred feet; and

The following wording shall appear on each sign:

WARNING

Unreasonable obstruction of pedestrian traffic in this area by persons loitering, standing, sitting, or lying is prohibited and punishable as a misdemeanor. PMC 9.16.010

D.

Definition. As used in this chapter, "loiter" means entering and remaining on any premises, public or private, under such circumstances that a reasonable person would conclude that the person who has entered and remained on such premises:

Does not have a purpose legitimately connected with the business or activity or the legal occupant of the premises; and

Does not have a bona fide intent to exercise a constitutional right.

E.

Penalty. The first violation of this section shall constitute an infraction. Any subsequent violation of this section, or a refusal to leave the premises after having been cited by any peace officer for a violation of this section, shall constitute a misdemeanor. (Ord. 121 §1, 1984)