Chapter 9.05
UNLAWFUL PRESENCE IN SHOPPING CENTER PARKING LOTS
Sections:
9.05.010 Declaration of Intent.
9.05.010 Declaration of Intent.
The Council finds and declares that minors and young adults are meeting in large groups on foot or by automobile in the parking lots of shopping centers, remaining there to use the parking lots for purposes other than what they are intended (i.e., parking while shopping). The numbers entering and exiting, and the milling around of automobiles, creates a safety hazard to pedestrians and drivers alike in the lots and on adjoining streets and prevents or interferes with parking by customers. Litter from broken bottles, empty beverage cans, discarded food wrappers and cigarette butts quickly accumulate on the lot and in the adjoining centers and neighborhoods, creating a health hazard. Nearby yards are trampled, nearby stores and buildings are vandalized. Confrontation and fights develop and younger children and customers of the centers are intimidated and frightened. These problems are particularly difficult to regulate, or prevent. The Council declares that the use of parking lots in shopping centers in this manner is a public nuisance and requires regulation. (Ord. 590, 1989)
9.05.020 Scope of Law.
Nothing herein is intended or shall be construed to be in conflict with or as a limitation upon any of the provisions of the Penal Code or the Vehicle Code of the State of California.
9.05.030 Definitions.
(1) “Shopping Center”. Any store or stores, business or businesses, office or offices or theatre or theatres, or any combination thereof, with off-street parking facilities.
(2) “Duly Authorized Agent”. The term shall include, but not be limited to, any police officer of the City of Norco who has been given specific of general authority on behalf of the owner of a parking lot to request that persons thereon leave the lot.
9.05.040 “Unlawful Acts.”
(1) When a sign is in place giving notice of the provisions hereof, it shall be unlawful for the driver of any vehicle to park it or allow it to remain parked upon any parking lot in, of or adjacent to a shopping center in the City of Norco except while the driver or the occupants of the vehicle are patronizing a store or service of said shopping center.
(2) When a sign is in place giving notice of the provision hereof, it shall be unlawful for any person to be or remain upon any parking lot in, of or adjacent to a shopping center in the City of Norco except:
a. While crossing said lot in the course of entering or exiting a store or service at said shopping center.
b. While exiting, entering or being in a vehicle whose driver or occupant is patronizing a store or service of said shopping center or while said vehicle is exiting or entering said parking lot.
(3) It shall be unlawful for any person to be or remain upon any parking lot in, of or adjacent to a shopping center when asked to leave by a police officer or the owner thereof or his duly authorized agent.
(4) When a sign is in place giving notice of the provisions hereof, it shall be unlawful for any person to operate a radio or other sound amplifier emitting loud and raucous noises with the intent to cause a public disturbance or annoyance.
9.05.050 Exceptions.
The provisions of this Chapter shall not apply:
(1) To any person or persons who have written permission of the owner of said parking lot to be or remain on said lot or to park a vehicle upon said lot and presented to a peace officer on demand. (Ord. 590, 1989)
(2) Where its application would result in an interference with or inhibition of any exercise of a constitutionally protected right of freedom of speech, such as (but not limited to) peaceful expression of political or religious opinions not involving offensive personal conduct.
(3) Where its application results 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 account of color, race, religion, creed, ancestry or national origin.
(4) Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities. (Ord. 590, 1989)