Chapter 7.05
LOITERING
Sections:
7.05.020 Loitering prohibited.
7.05.040 Hotel and motel – Loitering.
7.05.050 Duty to disperse on public areas.
7.05.010 Purpose.
Over the last several years the Mt. Shasta City Police Department has seen a growth in the number of juveniles and adults congregating in front of businesses, coupled with a multitude of complaints from the business owners in this area. As a result, the Mt. Shasta City Police Department deems it appropriate to enact an additional ordinance to increase the level of safety for pedestrians and to assist in the needs of the said businesses. (Ord. CCO-08-01, 2008)
7.05.020 Loitering prohibited.
(A) No person shall loiter in or upon any public highway, alley, crosswalk, street, sidewalk or in any other place open to the public for pedestrian or vehicle travel or otherwise occupy any portion thereof in such a manner as to obstruct or unreasonably interfere with the free passage of pedestrians or as to obstruct or unreasonably interfere with the normal use of the entrance to any building, business, house of worship, medical or health facility, hall, theater, or place of public assemblage.
(B) No person shall loiter or otherwise occupy any portion of a public park or other public property or a public highway, alley, crosswalk, street, sidewalk, or in any other place open to the public as follows:
(1) In such a manner as to intimidate or harass, either physically or verbally, any other person.
(2) For the purpose of begging or soliciting money or other items of value, without permission from the City of Mt. Shasta. (Ord. CCO-08-01, 2008)
7.05.030 Definitions.
As used in this chapter:
(A) “Loiter” means to delay, linger, or idle about without a lawful business purpose for being present at a location.
(B) “Intimidate” means to make timid, cause to be fearful, or to force into or deter from some action by inducing fear.
(C) “Harass” means unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress. Such conduct may include, but not be limited to, blocking a person’s access to a door, walkway, sidewalk, or road; yelling obscenities at a person; or making obscene gestures. (Ord. CCO-08-01, 2008)
7.05.040 Hotel and motel – Loitering.
(A) Except as provided in subsection (B) of this section, it shall be unlawful for any person to refuse or fail to leave the property of a hotel, as defined in MSMC 18.08.450, or motel, as defined in MSMC 18.08.590, when requested to do so by the owner, the owner’s agent or by a peace officer when acting on the request of the owner or the owner’s agent. This section shall apply to all areas of the hotel or motel property whether or not such areas are open to the general public.
(B) This section shall not apply:
(1) To persons currently registered in the hotel or motel or to persons who have otherwise been given the right to use a certain portion or portions of the hotel or motel property by the owner or the owner’s agent;
(2) To persons engaged in lawful union labor activities;
(3) Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on the basis of color, race, religion, creed, ancestry, or national origin; or
(4) Where its application results in or is coupled with an act prohibited by Cal. Penal Code § 365 or any other provision of law relating to duties of innkeepers and common carriers.
(C) Nothing contained in this section shall be construed or applied so as to abridge the lawful exercise of rights guaranteed under the First Amendment to the Constitution of the United States. (Ord. CCO-08-01, 2008)
7.05.050 Duty to disperse on public areas.
No person shall fail, neglect or refuse to disperse or move on from any public highway, alley, crosswalk, street, or sidewalk or other places open to the public for pedestrian travel, if directed to do so by a peace officer after the peace officer has reasonably determined that the person is loitering. (Ord. CCO-08-01, 2008)
7.05.060 Violations – Penalty.
Repealed by Ord. CCO-20-04. (Ord. CCO-08-01, 2008)