Truckee Municipal Code Ch. 9.17 Prohibiting Loitering, Obstructing Sidewalks, Highways

From time to time certain private property or business premises have become a general area for loitering, verbal and physical harassment and intimidation of business patrons. In addition, vandalism and other crimes to personal and private property have repeatedly occurred.

1. No person shall remain upon any private or business premises after being expressly notified to keep off, keep away or remove himself or herself by the owner, owner's agent, or private security, or by any peace officer who has received a request from the foregoing persons.

2. No person, without permission of the property or business premises owner or owner's agent, private security or peace officer, shall re-enter upon such premises within fourteen (14) days of being expressly notified in writing to keep off, keep away, or remove himself or herself from the private property or business premises by the owner, owner's agent, private security or peace officer. Such written notice shall be in triplicate with copies going to the individual being removed from the property/premises, local law enforcement, and the property owner or private security.

3. The owner, the owner's agent, private security or the person in lawful possession of the property shall make a separate request to the peace officer on each occasion when the peace officer's assistance in dealing with a trespass is requested. Detailed and identifying information shall be given to the peace officer describing the specific person or persons to be removed from the property.

4. Notwithstanding any other ordinance to the contrary, the provisions of this section shall only apply to private property generally open to the public or to business premises if said property or premises is posted with signs which expressly forbid remaining or re-entering on such property without the expressed permission of those persons designated in paragraph 1 above. Such posting shall be located at all clearly defined entryways and shall not be required on any property not generally open to the public.

It is unlawful for any person to willfully stand, sit or position his or her body in or upon any public highway, alley, walkway, sidewalk or crosswalk so as to hinder, delay or obstruct the free passage thereon of persons or vehicles passing or attempting to pass along the same.

None of the provisions above shall apply when any of the following circumstances exist:

1. The provision violates a federal or state civil rights act or any other provision of law relating to the prohibited discrimination against any person on account of color, race, religion, creed, ancestry or national origin.

2. The provision 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 duties of innkeepers and common carriers.

3. The provisions results in an interference with or inhibition of peaceful, lawful labor picketing or other lawful labor activities.

4. The provision results in an unlawful interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech.

5. The person who is upon another's property is there under reasonable claim, color of law or legal right.

Violation of this section shall be a misdemeanor, provided however that upon written notice to the Court, the District Attorney, or Town Attorney, as appropriate, may reduce the charge to an infraction punishable as provided in Government Code Section 25132.

If any section, part, clause or phrase of this or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions are severable.

(ORD 96-06 11-21-96)