San Diego County Municipal Code Ch. 2 Intimidation Free Zones

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*Note—Amended by Ord. No. 9970 (N.S.), effective 3-12-09, as Chapter 2, INTIMIDATION FREE ZONES. (Provisions previously codified at § 39.201)

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There have been numerous instances of bullying of minors that have caused significant mental and emotional injuries to minors. The purpose of this chapter is to regulate and discourage bullying from occurring on or near County parks, schools, playgrounds and other publicly owned property in the unincorporated area of the County.

(Added by Ord. No. 8867 (N.S.), effective 1-13-98; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

The following definitions shall apply to this chapter:

(a) "Course of conduct" means two or more acts evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."

(b) "Credible threat" means a verbal or written threat or a threat implied by conduct or a combination of verbal or written statements and conduct with the intent and apparent ability to carry out the threat so as to cause the minor who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family.

(c) "Harass" means to engage in a knowing and willful course of conduct directed at a minor that seriously alarms, annoys, torments or terrorizes the minor and serves no legitimate purpose. As defined in this section the harassing course of conduct is such as would cause a reasonable minor of the same age and maturity as the one against whom the harassing conduct is directed to suffer substantial emotional distress and actually causes the minor to suffer severe emotional distress.

(d) "Immediate family" means any spouse, parent, child, any person related by consanguinity or affinity within the second degree or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

(e) "Intimidate" means to place a person in reasonable apprehension of bodily harm to himself, herself or to another.

(Added by Ord. No. 9970 (N.S.), effective 3-12-09)

(a) It shall be unlawful for any person in a park, on school property, on any public property utilized for organized and supervised after-school recreational activities or on any public property within 1,000 feet of the boundary of a park, school property or public property utilized for recreational activities in the unincorporated area of the County, to willfully and maliciously intimidate or harass a minor or make a credible threat against a minor.

(b) This section shall not apply to conduct that occurs during labor picketing.

(Added by Ord. No. 9970 (N.S.), effective 3-12-09)