Torrance Municipal Code Art. 1 Loitering; Trespassing; Obstructing

(Amended by O-1629; O-1637)

To linger, to delay, to hang about, to spend time idly, to waste time carelessly. By definition, loitering may be accomplished in a vehicle which is standing or in a vehicle which is moving back and forth frequently at, by or into or adjacent to said business premises or parking lot with no apparent reason therefor, as well as by pedestrian traffic.

(Added by O-1629; Amended by O-1637)

It shall be unlawful for any person without lawful business to stand or loiter upon any business parking lot or upon any place of business after having been directed by the owner or the owner’s agent or a police officer of the City to move on.

a) Purpose. Public safety is hereby declared to require that the uninterrupted operation of certain industries essential to nation defense, such as the aircraft manufacturing industry, and of companies or agencies supplying water, gas, electric and other essential services, be protected by preventing the intrusion upon the properties thereof of idle, curious or malicious persons and of persons whose presence thereon is not necessary, and by prohibiting the loitering about such places by persons capable of inflicting harm or of impeding the operation conducted thereon.

b) Requirements as to Posting Generally. Any person, governmental agency, department or instrumentality having possession or control of any of the facilities, plants or utility properties enumerated in the preceding paragraph, may post, at each entrance to any structure devoted to any use so enumerated, at each entrance to any fenced or enclosed area devoted to any such use and at intervals of not more than three hundred (300) feet around any area devoted to such use, substantial signs not less than one (1) square foot in area, displaying prominently in addition to such other information as may be deemed desirable, the words, TRESPASSING - LOITERING - FORBIDDEN BY LAW, in legible letters not less than two (2) inches in height; provided, however, that any public waiting room, dining room, office or other portion of any such structure or premises to which general public access is required in the normal use and operation thereof or where materials are delivered to or received by the public shall not be so posted.

c) Definition as to Posted Boundary. The posted boundary of any area shall be a line running from sign to sign. Such line need not conform to the legal boundary or legal description of any lot, parcel or acreage of land.

d) Places Which May be Posted. The places which may be posted as provided in the preceding paragraphs are as follows:

1. Airports, Fields, etc. Every airport and every plant, field and structure used for the manufacture, assembling or testing of aircraft.

2. Tank Farms, Plants, etc. Used for Handling Petroleum Products. Every tank farm, refinery, compressor plant or absorption plant, marine terminal, pipe line, oil well, pipe line pumping station or reservoir, used for the bulk treatment, bulk handling or bulk storage of petroleum or petroleum products.

3. Reservoirs, Dams, etc. for Public Water System. Every reservoir, dam, pumping station, aqueduct, main canal or pipe line of a public water system.

4. Generating Plants, etc. of Companies Furnishing Electrical Energy. Every reservoir, dam, generating plant, receiving station, distributing station and transmission line of a company or agency furnishing electrical energy.

5. Gas Generating Plants, etc. Every gas generating plant, compressor plant, gas holder, gas tank and gas main used for the production, storage and distribution of gas.

6. Plants, etc. Essential to Telephone or Telegraph Service. Every plant or vital part thereof or other principal property essential to rendering telephone or telegraph service.

7. Radio Broadcasting Plants, etc. Every radio broadcasting central plant, or station.

8. Railroad Bridges or Tunnels. Every railroad bridge or tunnel.

9. Plants for Bulk Storage of Dynamite. Every plant for the bulk storage of dynamite, giant powder, gunpowder or other explosives.

10. Plants Where Steel, etc. is Made. Every plant, where steel, tools, machinery or parts for any machine or motor is manufactured or assembled.

e) Trespassing Upon Posted Premises. When any premises is posted as provided in this Section, it shall be unlawful for any person to go upon or to remain upon any place within the posted boundary of any such premises, or to enter or to remain in any such posted structure, without having upon his person the express written consent of the person lawfully in possession or control thereof.

f) Loitering in Immediate Vicinity of Posted Premises. It shall be unlawful for any person to loiter in the immediate vicinity of any premises posted as provided in this Section while having in his possession any explosive, tool or device of whatever character capable of doing harm or damage to any structure, machinery, equipment or other property of a similar or dissimilar character, installed or located upon such posted premises or area; provided, that the prohibition contained in this subsection shall not be deemed to prohibit or interfere with any lawful activities of a labor organization.

g) Applicability of Section; Exemptions. This Section shall not apply to any entry in the course of duty of any peace officer nor to any person traversing an established and existing public sidewalk, street or highway.

h) Destroying or Damaging Posted Signs. Every person who tears down, defaces, destroys or causes to be torn down, defaced or destroyed any sign placed or posted under the provisions of this Section without the consent of the person, governmental agency, department or instrumentality having possession or control of the premises on which such sign has been erected is guilty of a misdemeanor.

(Added by O-227; Amended by O-1068; O-3892)

Whoever remains standing, lying or sitting down on any of the sidewalks, streets, highways, alleys or public places in such a manner as to obstruct or impede the free passage of pedestrians or public travel, after being requested to immediately move by any police officer, or who willfully remains on the sidewalk in front of any dwelling house or place of business which abuts on any of the sidewalks in this City, in such manner as to obstruct the free passage of any other person into or out of such dwelling house or place of business, without the consent or against the will of the proprietor, shall be deemed guilty of a misdemeanor; provided, that this Section shall not prohibit sidewalk vending operations pursuant to a permit issued by the Finance Director under Chapter 14 of this Division, Sidewalk Vendors.

(Added by O-227)

It shall be unlawful for any person to stand or sit in, or at, the entrance of any church, hall, theatre or place of public assemblage so as in any manner to obstruct such entrance.

(Added by O-3496)

a) No person may enter or be present upon any private property or portion of private property open to the general public who within the immediately preceding twenty-four (24) hours was advised to leave and not return, and further advised that if he or she returns to the property within twenty-four (24) hours of the advisement, he or she will be subject to arrest. This advisement must be made by the owner, the owner’s agent, the person in lawful possession or a peace officer at the request of the owner, owner’s agent or the person in lawful possession. A request to leave may be made only if it is rationally related to the services performed or the facilities provided.

The term "private property" means any real property, including but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, common areas, driveways, carports, parking areas and vacant lots, except land that is used exclusively for agricultural purposes, owned by any person or legal entity other than property owned or lawfully possessed by any governmental entity or agency.

b) This section does not apply in any of the following instances:

1. When its application results in, or is coupled with, any act prohibited by the Unruh Civil Rights Act, or any other provision of law relating to prohibited discrimination against any person;

2. When its application results in, or is coupled with, an act prohibited by Section 365 of the California Penal Code, or any other provision of law relating to the duties of innkeepers;

3. When public officers or employees are acting within the course and scope of their employment or in the performance of their official duties; or

4. When persons are engaging in activities protected by the United States Constitution or the California Constitution or when persons are engaging in acts which are expressly required or permitted by any provision of law.

(Added by O-3534)

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 in a public place 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 non-members of the gang from entering, remaining in, or using the public place or adjacent area;

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

b) For purposes of this Chapter, a "public place" means the public way and any other location open to the public, whether publicly or privately owned, including, but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, privately owned place of business, to which the public is invited, including any place of amusement, entertainment, or eating place. Any "public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment house.

c) Nothing in this Section shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention or arrest as such law enforcement officer would be permitted to make in absence of this Section.

d) Any parent(s), legal guardian(s), or other adult person(s) authorized by said 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 criminal act.

(Added by O-3892)

a) Between the hours of 10:00 p.m. and 6:00 a.m., no person shall enter, remain or be present in or upon the Torrance Civic Center which is the area bounded by Torrance Boulevard, Madrona Avenue, Civic Center Drive, and Maple Avenue.

b) This Section shall not apply to persons whose presence is authorized by either the City of Torrance or the State of California, or is in conjunction with an activity that is authorized or permitted in the City of Torrance or the State of California, or is in conjunction with gaining ingress to or egress from the Torrance Police Department.

c) This Section does not prohibit anyone from being present at any time on a sidewalk adjacent to any public street; provided, that there is no violation of Section 45.1.4.

d) Any person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed One Thousand Dollars ($1,000.00) or imprisoned for a period not to exceed six (6) months, or both.

(Added by O-3933)

a) No person shall erect, maintain, use or occupy in any public place, including but not limited to, on any streets, highways, alleyways, sidewalks, public passage ways, public rights-of-way, publicly owned landscaped areas or greenbelts, parks or public places, including, but not limited to, parkways, bus stop sites, the Mary K. Giordano Regional Transit Center, the Civic Center, and the Madrona Marsh Preserve and Nature Center or other government-owned properties located within the City of Torrance any tent, lodge, shelter, or structure unless such tent, lodge, shelter or structure shall have two sides thereof entirely open, and unless there shall be an unobstructed view into such tent, lodge, shelter or structure from the outside thereof on at least two sides thereof.

b) “Park” means a park, playground, swimming pool, playing field, median parkway in a street right-of-way, court, restroom and any other area of facility owned or leased by the City, or for which the City has the right to possession, which is devoted to active or passive recreation uses except the beach as defined in Section 44.1.3 of this Code. The definition of park includes the grassy areas and walkways surrounding Benstead Plunge, all walkways adjacent to a park, and parking lots associated with a park.

(Added by O-3933)

a) No person shall remain or be present standing, sitting, or lying down in or upon any bus stop site, including but not limited to, bus shelter depots, shelters, seating, or designated space, except for the purpose of boarding, disembarking, or waiting for a bus.

b) No person shall remain at a bus stop site for longer than four hours in a twenty-four-hour period.