Chapter 10.08

No person shall loiter, stand or otherwise occupy any portion of any public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel in such a manner as to willfully and maliciously obstruct or unreasonably interfere with the free passage of pedestrians.

(Prior code § 4240; Ords. 18918, 24157, 24843.)

No person shall stand, sit at or otherwise occupy the entrance of any place of public assemblage so as in any manner to willfully and maliciously obstruct the entrance.

(Prior code § 4242; Ords. 24157, 24843.)

• A. No person, in the course of demonstration activity within the access area of a health care facility, acting alone or in concert with others, shall impede or hamper the free access to or departure from any health care facility by failing to withdraw immediately to a distance of at least eight feet away from any person who has requested such withdrawal.

• B. For purposes of this section, "access area" means any portion of a public street or other public place or any place open to the public within one hundred feet of an exterior wall of a health care facility.

T10:3

2025-Supplement 3

SAN JOSÉ CODE

§ 10.08.030

• C. For purposes of this section, "health care facility" means any medical or health facility, hospital or clinic within the city which is licensed under state law or any building, office or other place within the city regularly used by any health care provider licensed under state law to provide medical, nursing or health care or advice to patients.

• D. For purposes of this section, "demonstration activity" means all expressive and symbolic conduct, whether active or passive, which shall include, but not be limited to, protesting, picketing, distributing literature, and engaging in oral or silent protest, education or counseling activities.

• E. For purposes of this section, withdrawal may be requested by a person verbally, or by carrying or wearing a visible sign clearly indicating such withdrawal request. Statements by a person, or signs carried or worn by a person displaying words or symbols such as or similar in effect to "stop," "stop it," "withdraw," "back off," "get away" or "leave me alone" shall be sufficient to constitute a request to withdraw under this section. Failure to comply immediately with any such request shall constitute a violation of this section. Mere statements of opinion or disagreement made in the absence of a request to withdraw shall not be construed to be a request to withdraw under this section.

• F. Distance under this section shall be measured from that part of the closest demonstrator's body that is nearest to the closest part of the requesting person's body. For purposes of the preceding sentence, the term "body" shall include any natural or artificial extension thereof including, but not limited to, an outstretched arm or a hand-held sign.

• (Ord. 24157.)

• A. Any person who is seeking or intends to seek access to a health care facility and is aggrieved by an act prohibited by Section 10.08.030 may

bring an action for damages, injunctive and/or declaratory relief, as appropriate, in a court of competent jurisdiction against any person who has violated, has conspired to violate or proposes to violate its provisions.

• B. Any person who prevails in such an action shall be entitled to recover from the violator those damages, costs, attorneys' fees and such other relief as determined by the court. In addition to all other damages, the court may award to the aggrieved person a civil penalty of up to one thousand dollars for each violation.

• C. The remedies provided by this section are in addition to any other legal or equitable remedies the aggrieved person may have and are not intended to be exclusive.

• (Ord. 24157.)