Chapter 9.12
LOITERING
Sections:
9.12.020 Prohibited loitering.
9.12.030 Discretion of peace officer.
9.12.040 Application of chapter to minors.
9.12.050 Penalty for violation.
9.12.010 Definitions.
As used in this chapter the following definitions shall apply:
A. “Loiter” or “loitering” shall mean remaining idle in essentially one (1) location or moving about aimlessly. It shall also include occupying a parked vehicle or one (1) which is moving extremely slowly.
B. “Property in the proximity of any posted no-cruising zone” shall mean any property which is both visible from and located within three hundred (300' 0") feet of any portion of a street, alley or highway which is posted as a no-cruising zone pursuant to EGMC Chapter 10.66. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]
9.12.020 Prohibited loitering.
No person shall loiter in such a manner as to:
A. Create or cause to be created a danger of a breach of the peace.
B. Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
C. Obstruct the free passage of pedestrians or vehicles.
D. Remain upon any business premises after its business hours, without the consent of the owner or legal occupant.
E. Remain upon any private property without the consent of the owner or legal occupant.
F. Remain upon any business premises or private property after having been asked to leave by the owner or legal occupant.
G. Remain on any property in the proximity of any posted no-cruising zone between the hours of 6:00 p.m. of one day and 6:00 a.m. of the next day. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]
9.12.030 Discretion of peace officer.
Whenever any peace officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public or private place is causing or is likely to cause any of the conditions enumerated in EGMC Section 9.12.020, he or she may, if he or she deems it necessary for the preservation of the public peace and safety, cite that person for violation of this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]
9.12.040 Application of chapter to minors.
Any minor who is cited for violation of EGMC Section 9.12.020(G) shall be considered in violation of a traffic offense for purposes of Section 256 of the California State Welfare and Institutions Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]
9.12.050 Penalty for violation.
A. The first (1st) violation of EGMC Section 9.12.020 shall be an infraction which shall be enforced pursuant to the provisions of EGMC Chapter 1.04.
B. Any subsequent violation of EGMC Section 9.12.020, or a refusal to leave the premises after having been cited for a violation of EGMC Section 9.12.020, shall be a misdemeanor which shall be enforced pursuant to the provisions of EGMC Chapter 1.04. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]