Tehachapi Municipal Code Ch. 9.20 Loitering

Footnotes:

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Editor's note— Ord. No. 14-02-716, § 2, adopted July 7, 2014, repealed the former Ch. 9.20, §§ 9.20.010—9.20.040, which pertained to restrictions for registered sex offenders, and derived from Ord. No. 10-01-703, § 1, 5-3-2010. Subsequently, Ord. No. 14-04-718, § 1(A), adopted Dec. 15, 2014, enacted a new Ch. 9.20, §§ 9.20.010—9.20.030, as set out herein.

For purposes of this chapter:

A. "Loitering" means to delay, linger or stand idly in one location.

B. "Shopping center" means a group of retail stores and/or service establishments designed to serve the community.

(Ord. No. 14-04-718, § 1(A), 12-15-2014)

A. No person, after first being warned by a peace officer to vacate the premises, or where a sign has been posted giving notice of the provisions of this chapter, shall loiter in or upon any public street, sidewalk, curb, crosswalk or other public right-of-way so as to obstruct the free passage of pedestrian or vehicular traffic thereon. This section does not prohibit a person from sitting upon a public right-of-way if:

1. Necessitated by physical disability;

2. Viewing a legally conducted parade; or

3. On a bench lawfully installed.

B. No person shall loiter so as to obstruct or prevent access to any structure or building open to the public.

C. No person, after first being warned by a peace officer to vacate the premises, or where a sign has been posted giving notice of the provisions of this chapter, shall loiter in a parking lot of a shopping center without lawful business in any of the retail stores or service establishments of such shopping center.

(Ord. No. 14-04-718, § 1(A), 12-15-2014)

A. The provisions of this chapter shall not apply when application would abridge the exercise of a person's rights protected under the United States Constitution, including but not limited to, the right of free speech, right of peaceable assembly and right to object to unreasonable search and seizure.

(Ord. No. 14-04-718, § 1(A), 12-15-2014)