Chapter 9.82
LOITERING
Sections:
9.82.020 Prohibited loitering.
9.82.030 Discretion of peace officer.
9.82.040 Application of chapter to minors.
9.82.010 Definitions.
As used in this chapter the following definitions shall apply:
“Loiter” or “loitering” shall mean remaining idle in essentially one location or moving about aimlessly. It shall also include occupying a parked vehicle or one which is moving extremely slowly.
“Property in the proximity of any posted no-cruising zone” shall mean any property which is both visible from and located within 300 feet of any portion of a street, alley or highway which is posted as a no-cruising zone pursuant to Chapter 10.66 RCMC. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0751 § 2, 1988; SCC 587 § 2 (part), 1984; SCC 549 § 1, 1983].
9.82.020 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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0751 § 2, 1988; SCC 587 § 2 (part), 1984; SCC 549 § 1, 1983].
9.82.030 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 RCMC 9.82.020, 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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0751 § 2, 1988; SCC 587 § 2 (part), 1984; SCC 549 § 1, 1983].
9.82.040 Application of chapter to minors.
Any minor who is cited for violation of RCMC 9.82.020(G) shall be considered in violation of a traffic offense for purposes of Section 256 of the California State Welfare and Institutions Code. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0751 § 2, 1988; SCC 587 § 2 (part), 1984; SCC 549 § 1, 1983].
9.82.050 Penalty.
The first violation of RCMC 9.82.020 shall constitute an infraction. Any subsequent violation of RCMC 9.82.020, or a refusal to leave the premises after having been cited by any peace officer for a violation of RCMC 9.82.020, shall constitute a misdemeanor. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0751 § 2, 1988].
9.82.060 Punishment.
The punishment for a violation of this chapter which constitutes an infraction shall be as prescribed by Subdivision (b) of Section 36900 of the Government Code; provided, however, the fines mentioned therein shall be minimum fines rather than maximum fines. The punishment for a violation of this chapter which constitutes a misdemeanor shall be as prescribed by RCMC 1.01.190. With respect to a violation of this chapter which is made a misdemeanor, the prosecutor may file a complaint charging the offense as an infraction, at the discretion of the prosecutor. With respect to any violation of this chapter which is made a misdemeanor, the court may determine that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint. [Ord. 38-2007 § 1 (Exh. 1(F)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0751 § 2, 1988].