San Marino Municipal Code Art. 05 Offenses Involving the Person

It is hereby declared to be unlawful for any person to:

A. Lie or sleep in or upon any street, alley, sidewalk or other public place within the City or to act at any place within the City in a riotous or disorderly manner or to appear therein in a drunken or intoxicated condition.

B. Keep a riotous house or permit any riotous or disorderly conduct in any house, yard or premises connected therewith whereby the peace, quiet or decency of any person in the neighborhood of such house, yard or premises may be disturbed.

C. Construct, place, or maintain on public property any semi-permanent structure, including but not limited to hand-built sheds and structures with metal or other heavy roofing and siding materials, for the purpose of sheltering one or more persons.

D. Camp on public property, including but not limited to using, placing or maintaining a tent, sleeping bag, blanket, or other materials for the purpose of sleeping, lying, or sheltering one or more persons for more than two consecutive days or nights in the same location. For purposes of this section, the same location shall mean within 200 feet of the location in which the person camped on the previous day or night.

E. Sit, sleep, lie, or camp on any public street, road, or bike path, or on any sidewalk in a manner that impedes passage within the meaning of the American with Disabilities Act. (1954 Code §14.2; amd. Ord. O-26-1425, 2-11-2026)

It shall be unlawful for any person, without lawful business, to assemble in groups of two (2) or more in any public street or place between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. after having been directed by a police officer to disperse. (1954 Code §14.16; 1994 Code)

It shall be unlawful for any person, without lawful business, to stand or loiter upon any public street or place or in any business section of the City after having been directed by a police officer of the City to move on. (1954 Code §14.15)

A. It shall be unlawful for any person to carry or possess the following items or articles while attending or participating in any demonstration, rally, protest, picket line, or public assembly:

1. Any length of lumber, wood, or wood lath unless that object is one-quarter inch (1/4') or less in thickness and two inches (2") or less in width, or if not generally rectangular in shape, such object shall not exceed three-fourths inch (3/4") in its thickest dimension. The lumber, wood or wood lath shall be blunted at all ends.

2. Any length of metal or plastic pipe, whether hollow or solid, that is greater than twelve inches (12") in length, except that hollow plastic piping that meets all of the following criteria may be used solely to support a sign, banner, placard, puppet or other similar expressive display: (a) is one-quarter inch (1/4") or less in its thickest dimension; (b) is blunted at all ends; and (c) is not filled with any material, liquid, gas or solid.

3. Signs, posters, banners, plaques or notices, whether or not mounted on a length of material permitted under 14.05.04A.1 and 14.05.04A.2 of this section, unless such sign, poster, banner, plaque or notice is constructed solely of soft material, such as cloth, paper, soft plastic capable of being rolled or folded, or cardboard material no greater than one-quarter inch (1/4") in thickness.

4. Baseball or softball bats, regardless of composition or size; provided, however, that such items are permissible when configured of cloth, cardboard, soft plastic, foam or paper for expressive purposes.

5. Any aerosol spray, tear gas, mace, pepper spray, or bear repellant.

6. Any projectile launcher or other device, such as a catapult or wrist rocket, which is commonly used for the purpose of launching, hurling or throwing any object, liquid, material or other substance, whether through force of air pressure, spring action or any other mechanism.

7. Weapons such as firearms, knives, swords, sabers or other bladed devices, axes, hatchets, hammers, ice picks, razor blades, nunchucks or martial arts weapons of any kind, box cutters, pellet or BB guns, conducted electrical weapons (CEWs), including, but not limited to Tasers or stun guns, metal/composite/wooden knuckles, or any chain greater than twenty inches (20") in length or greater than one-quarter inch (1/4") in diameter. This paragraph also includes toy or replica firearms unless such toy or replica is florescent colored or transparent.

8. Balloons, bottles or any other container such as water cannons or super-soakers that are filled with any flammable, biohazard or other noxious matter, which is injurious, or nauseous, sickening or irritating to any of the senses, that can be used to throw, drop, pour, disperse, deposit, release, discharge or expose the same in, upon, or about any demonstration, rally, protest, picket line, or public assembly.

9. Glass bottles, whether empty or filled.

10. Open flame torches, lanterns, or other devices that utilize combustible materials such as gasoline, kerosene, propane, or other fuel sources.

11. Shields made of metal, wood, hard plastic, or any combination thereof.

12. Bricks, rocks, pieces of asphalt, concrete, pellets, or ball bearings.

13. Laser pointers or laser-style devices emitting any color beam, milliwatt output level, intensity class level or any visibility level, including infrared, or nonvisible.

B. When feasible, excluding exigent circumstances, a warning shall be issued before enforcement of the provisions of this section. Such warning shall be sufficient if provided orally, by posted signs or by amplified announcement.

C. Authorized peace officers, or employees, agents, or representatives of the City, shall be exempt from the provisions of this section when such officers, employees, agents, or representatives of the City are engaged in official business of the City.

D. Nothing in this section shall prohibit an individual from carrying a cane or using a walker or other device necessary for providing mobility so that the person may participate in a public protest, demonstration, rally, picket line, or public assembly. Further, nothing this section shall prohibit the imposition of specific conditions for activities expressly authorized under permit issued by the City of San Marino pursuant Article 8 of Chapter XVI of the San Marino Municipal Code.

E. This Section 14.05.04 is not intended to violate and shall not be applied or enforced in a manner that violates the United States or California Constitutions and applicable state or federal statutes.

(Ord. O-20-1372, 12-9-2020)

A. Except in exigent circumstances involving an imminent threat to life, safety, health, or infrastructure, each of the following shall be satisfied prior to the enforcement of section 14.05.01 :

1. The City shall make every reasonable effort to identify and offer shelter at an emergency shelter, navigation center, or other appropriate housing, and to offer supportive services, to persons living in the encampment.

2. The City shall post a notice to vacate in a prominent location at the encampment site at least 48 hours prior to the enforcement action. That notice shall include, at a minimum:

a. The anticipated date and time of the enforcement action;

b. Information on services, including shelter, that are immediately available to persons living in the encampment; and

c. Information on how unattended belongings will be handled the day of the enforcement action, including what will be stored, how they can be recovered, and the date by which they must be claimed.

3. No enforcement operations shall begin earlier than the date and time on the notice to vacate. If the enforcement work does not begin within two days of the date written on the notice, a new notice must be posted a minimum of 48 hours before enforcement operations may begin.

B. Where exigent circumstances require less than 48 hours’ notice prior to enforcement of section 14.05.01 :

1. The City shall provide as much advance notice of enforcement as reasonably possible under the circumstances; and

2. As soon as reasonably possible following enforcement action, the City shall post notice at or near the encampment site describing where items taken during the enforcement action are stored, how they can be recovered, and the date by which they must be claimed.

C. Personal belongings collected at the encampment site that are not a health or safety hazard shall be collected, tagged, and stored for not less than 60 days following an enforcement action.

1. “Personal belongings” includes:

a. Items of apparent value of $50 or more; and

b. Items of apparent personal value, including, but not limited to: eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment, habitable tents, personal papers (such as photographs, albums, ID’s, bank statements, and legal papers), backpacks, containers, and operational bicycles, scooters, and strollers.

2. Items that constitute a health and safety risk and will not be collected include, but are not limited to:

a. Sharp objects, including, but not limited to, needles, scissors, knives;

b. Chemicals, including, but not limited to, bleach, paint, oils, etc.;

c. Items (including bedding and clothing) soiled by, but not limited to, human waste and bodily fluids, mold, mildew, rodents and insects, etc.;

d. Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids; or

e. Backpacks and closed containers that have been determined to identify hazardous materials.

3. If personal belongings are co-mingled or littered with needles, human waste, or other health risks, the entire pile of belongings may be disposed of.

4. Bulky items such as mattresses and sheds, perishable items such as food, controlled substances, contraband, and trash or debris will not be collected and stored. Contraband and controlled substances should be handled by trained professionals and consistent with applicable law.

D. Nothing in this section shall be construed to limit or prohibit the City from enforcing any other city or state laws, including, but not limited to, laws governing use of controlled substances or weapons, fire codes, and public nuisance laws. (Ord. O-26-1425, 2-11-2026)

It is hereby declared to be unlawful for any person to:

A. Use or occupy or permit the use or occupancy of any motor vehicle, mobile home, camper, house trailer or other recreational vehicle for human habitation, including but not limited to, sleeping, eating or resting, on any public street, public parking lot or public way.

B. For purposes of this section, “Habitation” shall mean the use of a motor vehicle, mobile home, camper, house trailer or other recreational vehicle for a dwelling place, and shall not mean the use of a motor vehicle for amelioration of sickness or other temporary physical inabilities causing an inability to operate such a motor vehicle.

C. A violation of this Section involving a person who willfully resists, delays, or obstructs a city employee from enforcing this Section or who willfully refuses to comply after being requested to do so by a city employee shall be punishable as a misdemeanor, infraction pursuant to SMMC section 01.04.02 or by issuance of an administrative citation pursuant to SMMC section 01.06.05. (Ord. O-26-1425, 2-11-2026)