Chapter 9.54
PROHIBITED CONDUCT

Sections:

9.54.010    Disorderly conduct.

9.54.020    Loitering.

9.54.030    Disturbing the peace prohibited.

9.54.040    Prohibition on carrying or possessing specified items while attending or participating in any public demonstration, rally, protest, picket line or public assembly.

9.54.010 Disorderly conduct.

No person shall engage in any disorderly or boisterous conduct; or disturb the peace by assaulting, striking or fighting; or be found in public in an intoxicated or drunken condition upon any premises within the city; or expose his person or any part thereof in a lewd and offensive manner in any place in the city where there are other persons to be offended or annoyed thereby; or to make in any place, or suffer to be made on his premises or upon premises under his control, any disorder or tumult, to the disturbance of the public peace. (Ord. 1695 § 1, 1989.)

9.54.020 Loitering.

No person shall loiter or stand or sit in or at the entrance of any hall, theater, church, private or public parking area which is open to the public, or place of public assemblage so as to in any manner obstruct such entrance. No person shall loiter or stand outside of a motor vehicle or in a private or public parking area which is open to the public between 10:00 p.m. and 8:00 a.m. the next morning. No person shall urinate or defecate in any public place which is not designed for such act, whether or not in public view. (Ord. 1695 § 1, 1989.)

9.54.030 Disturbing the peace prohibited.

Every person who shall, in the frequented streets of the city, pursue any amusements calculated to impede travel, or frighten animals or persons, or injure or endanger any property or person, or who shall be found loitering or strolling about in a manner tending to produce disturbance, mischief or crime, or who shall, by loud noise or offensive behavior, disturb the peace or quiet of any community, assembly, meeting or congregation, or who shall, by throwing stones or missiles or other objects, or by striking or threatening to assault, disturb or annoy any person, or who shall enter or remain upon any parking lot, shopping center property, drive-in property, or any other place open to the public, without the implied or express consent of the owner, his agent or person in lawful possession thereof, is guilty of a misdemeanor. (Ord. 1695 § 1, 1989.)

9.54.040 Prohibition on carrying or possessing specified items while attending or participating in any public demonstration, rally, protest, picket line or public assembly.

A. No person shall carry or possess the following items or articles while attending or participating in any demonstration, rally, protest, picket line or public assembly:

1. Any length of lumber wood, wood, or wood lath that is greater than 12 inches in length unless that object meets all of the following criteria: (a) is made of wood: (b) is one-quarter inch or less in thickness; and (c) is blunted at all ends;

2. Any length of metal or plastic pipe, whether hollow or solid, that is greater than 12 inches in length except that hollow plastic piping that meets all of the following criteria may be used solely to support a sign, banner, placard, puppet or other similar expressive display: (a) is one-quarter inch or less in its thickest dimension; (b) is blunted at all ends; and (c) is not filled with any material, liquid, gas or solid;

3. Signs, posters, banners, plaques or notices, whether or not mounted on a length of material permitted under subsections (A)(1) and (2) of this section, unless such sign, poster, banner, plaque or notice is constructed solely of soft material, such as cloth, paper, soft plastic capable of being rolled or folded, or cardboard material no greater than one-quarter inch in thickness;

4. Baseball or softball bats, regardless of composition or size, except that such items are permissible when configured of cloth, cardboard, soft plastic, foam or paper for expressive purposes;

5. Any aerosol spray, tear gas, mace, pepper spray or bear repellent;

6. Any projectile launcher or other device, such as a catapult or wrist rocket, which is commonly used for the purpose of launching, hurling or throwing any object, liquid, material or other substance, whether through force of air pressure, spring action or any other mechanism;

7. Weapons such as firearms, knives, swords, sabers or other bladed devices, axes, hatchets, hammers, ice picks, razor blades, nunchucks or martial arts weapons of any kind, box cutters, pellet guns, BB guns, conducted electrical weapons (CEWs), including, but not limited to, tasers or stun guns, metal/composite/wooden knuckles, or any chain greater than 20 inches in length or greater than one-quarter inch in diameter. This subsection also includes toy or replica firearms unless such toy or replica is florescent colored or transparent;

8. Balloons, bottles or any other container, such as water cannons or super soakers, filled with any flammable, biohazard or other noxious matter which is injurious, or nauseous, sickening or irritating to any of the senses, with intent to throw, drop, pour, disperse, deposit, release, discharge or expose the same in, upon or about any demonstration, rally, protest, picket line or public assembly;

9. Glass bottles, whether empty or filled;

10. Open flame torches, lanterns or other devices that utilize combustible materials such as gasoline, kerosene, propane or other fuel sources;

11. Shields made of metal, wood, hard plastic or any combination thereof; or

12. Bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings.

B. When feasible, excluding exigent circumstances, a warning shall be issued before enforcement of the provisions of this section. Such warning shall be sufficient if provided orally by posted signs or by amplified announcement.

C. Authorized peace officers, or employees, agents or representatives of the city, shall be exempt from the provisions of this section when such officers, employees, agents or representatives of the city are engaged in official business of the city.

D. Nothing in this section shall prohibit an individual from carrying a cane or using a walker or other device necessary for providing mobility so that the person may participate in a public protest, demonstration, rally, picket line or public assembly. Further, nothing in this section shall prohibit the imposition of specific conditions for activities expressly authorized under permit issued by the city of Covina pursuant to Chapter 10.56 CMC.

E. Limitation on Applicability. This chapter is not intended to violate and shall not be applied or enforced in a manner that violates the United States or California Constitutions and applicable state or federal statutes. (Ord. 20-04 § 1, 2020.)