Placerville Municipal Code Ch. 5 Loitering and Trespass Prohibited

(A) It is unlawful for any minor under the age of eighteen (18) to loiter about or upon the public streets, avenues, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place between the hours of eleven o'clock (11:00) P.M. and the time of sunrise of the following day; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parents, guardian, adult spouse, or other adult person having the care and custody of the minor, or when the minor is upon an errand directed by his or her parent or guardian or other adult person having the care and custody of the minor or when the minor is returning directly home from a meeting, entertainment, educational or recreational activity.

(B) For the purposes of this section, the word "loiter" is defined to mean to idle, linger, wander, stroll, play, or to walk, drive or ride aimlessly.

(C) Each violation of the provisions of this section shall constitute a separate offense. (Ord. 1445, 7-26-1988)

(A) Leave After Notification: No person shall remain upon any private property or business premises, after being notified by the owner or lessee, or other person in charge thereof, to remove therefrom.

(B) Do Not Enter After Notification: No person, without permission, express or implied of the owner or lessee or other person in charge of private property or business premises, shall enter upon the private property or business premises after having been notified by the owner or lessee or other person in charge thereof to keep off or keep away therefrom.

(C) Exceptions: This section shall not apply in any of the following instances:

1. Where its application results in or is coupled with an act prohibited by the Unruh civil rights act or any other provisions of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry or national origin;

2. Where its application results in or is coupled with an act prohibited by section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers;

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

4. Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions, not involving offensive personal conduct; or

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 (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 postmarital disputes, child custody or visitation disputes, disputes regarding title to or rights in real property, landlord-tenant disputes, disputes between members of the same family or between persons residing 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. 1445, 7-26-1988)

(A) Harassing Pedestrians: No person shall loiter in or upon any public highway, alley, sidewalk, or crosswalk or other public ways open for pedestrian travel for the purpose of harassing pedestrians.

(B) Definition: "Harassing", for the purpose of this section, shall mean knowing and wilful conduct directed at a specific person which seriously alarms, annoys, harasses or terrorizes that person and which serves no legitimate purpose and is not constitutionally protected.

(C) Penalty/Punishment: A violation of this section shall constitute an infraction. The punishment for a violation of this section shall be a fine not exceeding fifty dollars ($50.00) for a first violation, a fine not exceeding one hundred dollars ($100.00) for a second violation within one year, and a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this section within one year. (Ord. 1511, 8-9-1994)

(A) Prohibited Acts: No person shall sit, stand, or lie in any public highway, alley, sidewalk, or crosswalk or other public way open for pedestrian travel in such a manner as to wilfully and maliciously obstruct the free passage of pedestrians.

(B) Definitions:

MALICIOUSLY: For the purpose of this section, shall mean to vex, annoy or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law 1 .

WILFULLY: For the purpose of this section shall mean a purpose or willingness to commit the act or omission 2 .

(C) Penalty/Punishment: A violation of this section shall constitute an infraction. The punishment for a violation of this section shall be a fine not exceeding fifty dollars ($50.00) for a first violation, a fine not exceeding one hundred dollars ($100.00) for a second violation of this section within one year, and a fine not exceeding two hundred fifty dollars ($250.00) for an additional violation of this section within one year. (Ord. 1512, 8-9-1994)

No person shall loiter, stand, or sit in or at the entrance of any church, hall, a public business, or place of public assemblage within the city so as to obstruct such entrance. (Ord. 1445, 7-26-1988)

(A) Findings: The city council finds and declares that there has been an increase in criminal activity, particularly violent crime, in public parking lots as well as intimidation and harassment of citizens who are using those parking lots to conduct business with local merchants. The council further finds that the majority of these incidents are occurring in the evening hours after sunset.

The city council further finds that the primary purpose of municipal parking lots is to provide city residents with safe and convenient temporary public parking and to facilitate the daily flow of traffic in and around local businesses.

The city council further finds that there is a need to abate the congregation of individuals who gather in the municipal parking lots for no apparent purpose. Such gatherings engender the commission or threatened commission of public offenses and interfere with the primary use of the public parking lots. Such activities constitute a continuing public nuisance which adversely affects public health, safety and welfare of city residents and hinders commercial activity and traffic flow in parking lots, commercial shopping centers and other public places.

(B) Remaining, Staying And Loitering In Municipal Parking Lots:

1. It shall be unlawful for any person to remain, stay or loiter in any municipal parking lot between sunset and sunrise of the next day, after first having been ordered to leave by a peace officer.

2. For purposes of this section only, "loiter" shall mean:

(a) To delay, linger or idle in any municipal parking lot without any intent to conduct lawful business with the adjacent businesses.

(b) To remain in any municipal parking lot for a period of time longer than reasonably necessary to conduct business with the adjacent businesses.

(c) To remain in a motor vehicle parked in any municipal lot when no occupant of the vehicle is conducting or intends to conduct business with the adjacent businesses.

(C) Obstructing And Intimidating Business Patrons: Any person, who while in a municipal parking lot, intentionally obstructs, intimidates, threatens or harasses another person who is using a municipal parking lot for the purpose of conducting business with the neighboring merchants and who then refuses to leave said parking lot after being requested to do so by the owner of said business or his agent or by a peace officer, is guilty of an infraction.

(D) Penalty/Punishment: A violation of this section shall constitute an infraction. The punishment for a violation of this section shall be a fine of not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00) for a first violation, a fine not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) for a second violation of this section within one year, and a fine of two hundred fifty dollars ($250.00) for an additional violation of this section within one year.

(E) Severability: If any provision, clause, sentence, or paragraph of this section or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

(F) Effective Date: This section is, for the reasons stated in the council's findings, declared to be necessary as an urgency measure to protect and preserve the public health, safety and welfare and is, therefore, effective immediately upon adoption by a two-thirds (2/3) vote of the city council. (Ord. 1529, 12-12-1995)