San Bruno Municipal Code Ch. 6.12 Trespassing and Loitering

Except as provided in Section 6.12.020:

A. No person who having entered private property open to the public shall refuse or fail to leave the premises immediately upon being requested to do so by the owner thereof, his or her lawful agent, or a person in lawful possession thereof.

B. No person who having been requested to leave private property in the manner set forth in subsection A shall reenter the premises within twelve hours thereof without obtaining express permission from the party who requested him or her to leave, or the lawful agent thereof.

(Prior code § 16-3.1; Ord. 1354 § 1, 1980; Ord. 1897 § 3, 2021)

Section 6.12.010 shall not apply in the following instances:

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

B. 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;

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

D. Where its application would result in an interference with or 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.

(Prior code § 16-3.2; Ord. 1354 § 1, 1980; Ord. 1897 § 3, 2021)

Section 6.12.010 shall not be construed to require any peace officer to arrest, issue a criminal citation, or remove any person from any premises when such officer determines that the presence of such person is based upon a substantial claim or color of legal right and that there is a dispute as to such matter as to which there are practical and effective civil remedies.

(Prior code § 16-3.3; Ord. 1354 § 1, 1980; Ord. 1897 § 3, 2021)

No minor shall loiter in or at any public place or place open to the public between the hours of ten p.m. and daylight immediately following, except:

A. Where the minor is accompanied by a parent, legal guardian, or other person having authority for the custody and control of such minor; or

B. Where the presence of the minor in such place is connected with or required by some legitimate business, trade, profession, or occupation, by reason of employment, inclusive of the time necessary for the minor to travel to and from the place of business at which he or she is engaged; or

C. When the minor is on an emergency errand directed by a parent, legal guardian, or other person having authority for the custody and control of the minor; or

D. When the minor is returning directly home from a meeting, entertainment, recreational activity, or dance.

(Prior code § 16-3.4; Ord. 1354 § 1, 1980; Ord. 1897 § 3, 2021)

Any minor who shall violate any of the provisions of Section 6.12.040 shall be subject to the provisions of Chapter 2, Division 2 of the Welfare and Institutions Code.

(Prior code § 16-3.5; Ord. 1354 § 1, 1980; Ord. 1897 § 3, 2021)

A. No person shall sit or lie down upon a public sidewalk or public parking lot or upon a blanket, chair, stool, or any other object placed upon the public sidewalk or parking lot during the hours between six a.m. and nine p.m. in the following zones:

1. The "Downtown Zone" defined as the sidewalks of San Mateo Avenue on both sides of the street extending from El Camino Real to the intersection of San Mateo Avenue at San Bruno Avenue and the sidewalks of San Bruno Avenue on both sides of the street extending from El Camino Real to the intersection of San Bruno Avenue at San Mateo Avenue; and

2. "The Downtown Public Parking Zone" which includes eight public parking lots directly supporting the downtown zone. The public lots are located as follows:

(a) Mastick Avenue, North of Taylor Avenue;

(b) Mastick Avenue, North of Cypress Court;

(c) Mastick Avenue, South of Sylvan Avenue;

(d) Mastick Avenue, North of Sylvan Avenue;

(e) Mastick Avenue, South of Angus Avenue;

(f) Sylvan Avenue, South of Green Avenue;

(g) Angus Avenue, East of Easton Avenue;

(h) San Mateo Avenue, 600 Block.

B. Exceptions. The prohibitions set for the above in this section shall not apply to:

1. Any person sitting or lying down on the sidewalk due to a medical emergency;

2. Any person who, as the result of a disability, utilizes a wheelchair or similar device to move about the public sidewalk;

3. Any child accompanied by an adult who is seated in and using a stroller, or similar device, to move about the public sidewalk;

4. Any person sitting or lying down upon a chair, bench or planter box wall located on the public sidewalk which is placed there by a public agency;

5. Any person sitting or lying down upon a chair or bench located upon the public sidewalk which is placed there by an abutting private property or tenant pursuant to a commercial sidewalk encroachment permit, temporary lease, or temporary street closure permit;

6. Any person sitting or lying down while conducting, attending, or participating in an activity or event which is authorized by a lawfully issued temporary street closure permit or other permit issued by the city which permits the use of the public sidewalk;

7. Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.

C. No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section. Any person who engages in conduct prohibited by this section as defined herein shall be guilty of a misdemeanor and, upon conviction thereof shall be punished by a fine of not less than five hundred dollars or by imprisonment of not more than six months or both.

(Ord. 1658 § 3, 2002; Ord. 1897 § 3, 2021)

No person shall enter, remain, be in, or use any restroom, toilet, or washroom facility open to the public when such facility is designated by posted sign for use only by members of a designated gender. This prohibition does not apply to single-user restrooms as defined in Chapter 6.04.

(Prior code § 16-3.7; Ord. 1354 § 1, 1980; Ord. 1897 § 3, 2021)

A. In addition to the regulations in Chapter 4.16 governing solicitation, the following regulations shall apply.

B. Handbills. Nothing in this section shall prohibit persons from distributing written materials in accordance with Chapter 4.56 at any hour provided that during the hours prohibited in subsection C of this section distribution is made without making contact with the owner or occupant of a dwelling unit in violation of subsection A or B of this section.

C. Any person in violation of this chapter shall be guilty of a misdemeanor and shall be punished in accordance with Chapter 1.28 of the city code.

D. In addition to any criminal enforcement, the city may pursue any other remedies available at law.

(Ord. 1736 § 1, 2007; Ord. 1897 § 3, 2021)