Temple City Municipal Code Ch. 7 Loitering

This chapter does not prohibit any act prohibited by section 374b or 647 of the Penal Code or by section 23112 of the Vehicle Code or by any other state statute or state law. (1960 Code)

A. A person shall not loiter or stand in or upon any public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel.

B. Obstructions by crowds; dispersal. Whenever the free passage of any public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel shall be obstructed by a crowd, the persons composing such crowd shall disperse or move on when directed to do so by any law enforcement officer or city official.

C. Loitering and obstruction of public property. No person shall loiter or stand in, sit upon or lie or sleep in or upon any public highway, alley, sidewalk, crosswalk or any other public way, or otherwise occupy any portion thereof in such a manner as to unreasonably annoy or molest any pedestrian thereon, or as to obstruct or unreasonably interfere with the free passage of pedestrians or motor vehicles, or unreasonably interfere with the use in the customary manner of such public highway, alley, sidewalk, crosswalk or other public way open to the public.

D. Loitering and obstruction of private property. No person or persons shall stand, sit, linger, idle, or loiter on any public property, or in or about the entrance or exit of any business establishment, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons through such public property, or obstruct or hinder persons entering and exiting from any business establishment, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place. No person in violation of this prohibition shall refuse or fail to disperse or move on when directed to do so by a police officer or other city employee.

E. Improper Use of City Facilities. No person shall walk, stand, sit, or lie upon any monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, fire hydrant, street-tree planter, utility cabinet, railing, fence, planter, or upon any other public property not designed or customarily used for such purposes.

F. The provisions of this section do not prohibit a person from sitting upon a public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel if:

• 1. Necessitated by the physical disability of such person.
• 2. Viewing a legally conducted parade; or
• 3. On a bench lawfully installed for such purpose.

G. Violation; penalty. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. A violation of any of the provisions of failing to comply with any of the mandatory requirements of this section shall constitute a misdemeanor; except that notwithstanding any other provision of this chapter, any such violation constituting a misdemeanor under this section may, at the discretion of the City Attorney or the citing officer on the scene, be charged and prosecuted as an infraction.

(1960 Code; amd. Ord. 24-1075)

A person shall not leave or permit to remain on any public highway, alley, sidewalk, crosswalk or other public way open for pedestrian travel any merchandise, baggage, or any article of personal property. However, this section does not apply to any temporary rack or stand used for the purpose of displaying newspapers for sale while such rack or stand is so used if such rack or stand does not occupy any portion of the highway set aside for vehicular use and such rack or stand does not cover an area exceeding ten (10) square feet. (1960 Code)

A person shall not loiter about any school or public place at or near which schoolchildren attend. (1960 Code)

A person shall not deposit or throw any litter or trash on any public highway or sidewalk or on any private property without the consent of the owner or person in lawful possession thereof. (1960 Code)

A. It is unlawful for any person who is a member of a "criminal street gang" (as that term is defined in California Penal Code section 186.22(f)) or who is in the company of or acting in concert with a member of a "criminal street gang" to loiter or idle in a "public place", as defined herein, under any of the following circumstances:

1. With the intent to publicize a criminal street gang's dominance over certain territory in order to intimidate nonmembers of the gang from entering, remaining in, or using the public place or adjacent area; and/or

2. With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.

B. For purposes of this section, a "public place" means the public way, street, sidewalk or any other location open to the public, whether publicly or privately owned, including, but not limited to, any: street, sidewalk, curb area, parkway, alley, park, playground, or other public ground or public building including the accessways thereto, and any common area of a school, theater, apartment house, office building or privately owned business to which the public is invited, including places of amusement, entertainment, or eating establishment. Any public place also includes the front yard area, driveway and walkway areas of any private property.

C. Nothing in this section shall be construed in any way to limit the authority of a law enforcement officer to make an investigation, detention or arrest as such officer would be permitted to make in the absence of this section.

D. Any parent(s), legal guardian(s) or other adult person(s) authorized by such parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits (or by insufficient control allows) a minor to violate the provisions of this section is guilty of a misdemeanor.

E. Violation of the section shall be punishable by fine and/or imprisonment, as provided by law. (Ord. 03-884)