Chapter 9.36 — DISTURBING THE PEACE

It is unlawful for any person to loiter, stand or sit in or on any public highway, alley, sidewalk or crosswalk which will hinder or obstruct in any manner the free passage of persons or vehicles. (Ord. 40-61 § 2.00, 1961; Ord. 102-73 § 1, 1973; amended during 1990 republication)

• A. It is unlawful for any person to loiter, stand or sit in or on any private property or business premises which is open to public use which will hinder or obstruct in any manner the free passage of persons or vehicles.

• B. For the purposes of this section, "loitering" means entering or remaining on any premises specified by this section under such circumstances that a reasonable person would conclude that the person who enters and remains on such premises:

  1. Does not have a purpose legitimately connected with the business or activity of the legal occupant of the premises, or his or her agent; and

  2. Is causing public inconvenience; and

  3. Refuses to comply with the lawful order of the owner, occupant or agent thereof, or the police to leave the premises or, after complying with such lawful order, such person returns within forty-eight hours and resumes loitering as herein defined.

• C. For the purposes of this section, private property or business premises means any private property or business premises open to public use, or parking facility, sidewalks or grounds adjacent thereto that are occupied by the business or property owner.

• D. This section shall not apply in any of the following instances:

  1. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful activities;

  2. Where its application would result in interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as (but not limited to) peaceful expression of political or religious opinions.

• (Ord. 240-84 § 1, 1984; amended during 1990 republication)

No person shall drive a motorcycle or motor-driven vehicles, as such vehicles are defined in the California Vehicle Code, including, but not limited to, motor scooters, motorbikes, and minibikes, upon any property which is not a public street, or a private street approved by the City.

• A. Exceptions. This section shall not apply where such vehicle is being driven upon property by the resident, regular occupant, or authorized visitor for the purposes of ingress or egress to such property.

• B. Declaration Regarding Necessity for Section. This section is declared to be necessary in order to protect the public health, safety, peace and general welfare of the citizens of the City for the following reasons:

  1. Noise emitted by motorcycles, motor-driven cycles and similar vehicles creates a substantial nuisance far in excess of other contributions to the normal noise level of the surrounding environment.

  2. Such activity is primarily conducted as a recreational or leisure time pursuit, often by large numbers of drivers and passengers, and has no relationship to the economic use of the land or property being utilized by the owners.

  3. Often such activity is a trespass upon private or public property.

  4. Existence of such activity creates undue hardship on residents and citizens throughout the community due to excessive noise conditions.

5. Control of such activity through existing laws relating to trespass, nuisance, noise conditions, zoning and traffic are cumbersome, impractical and ineffective.

(Ord. 134-75 § 1, 1975)