HomeMy WebLinkAboutOrd. No. 2000-1058
ORDINANCE NO. 1058
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ADDING CHAPTER 9.32 TO TITLE 9 OF THE LAKE ELSINORE
MUNICIPAL CODE, PROHIBITING LOITERING
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION 1: That Chapter 9.32 be added to Title 9 of the Lake Elsinore Municipal
Code to read as follows:
Chapter 9.32 Loitering
9.32.010
Findings. The City Council for the City of Lake Elsinore desires to prohibit
obstructions and allow the free passage of pedestrians and vehicle traffic on public
rights of ways, entrances to buildings, and parking lots in a manner that will not
abridge the exercise of a person's Constitutional rights.
9.32.020
Definitions. The term "Loitering" as used in this Chapter shall mean to delay,
linger, or sit, lie or stand idly in one location.
9.32.030
Prohibition.
A. Rights-of-Way. No person, after first being warned by a peace officer to
vacate the premises, or where a sign has been posted giving notice of the
provision of this chapter, shall loiter in or upon any public street, sidewalk,
curb, crosswalk or other public right-of-way as to obstruct the free passage
of pedestrian or vehicular traffic thereon. This section does not prohibit a
person from sitting upon a public right-of-way if:
1. Necessitated by physical disability;
2. Viewing a legally conducted parade or special event;
3. On a bench lawfully installed.
B Building. No person shall loiter so as to obstruct or prevent access to any
structure or building open to the public.
9.32.040.
Exceptions. The provisions of this chapter shall not apply when application
would abridge the exercise of a person's rights protected under the United States
Constitution and the California Constitution, including, but not limited to, the
right of free speech, right of peaceable assembly and right to object to
unreasonable search and seizure.
9.32.050
Violation, Penalty Established. Violation of this Chapter shall be deemed an
infraction subject to the penalty for infractions as set forth in Chapter 1.16 of the
Lake Elsinore Municipal Code.
SECTION 2: This Ordinance shall take effect thirty (30) days after the date of its
passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to
be published and posted in the manner required by law.
PASSED, UPON FIRST READING this 11th day of January, 2000, by the following roll
call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
KELLEY, P APE, SCHIFFNER, BRINLEY
NONE
METZE
NONE
PASSED, APPROVED AND ADOPTED this 25th day of January, 2000, by the
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST:
?5~y~
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
B
-
KELLEY, PAPE, SCHIFFNER, BRINLEY
NONE
METZE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY
CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the
11th day of January, 2000; approved upon second reading by title only on the 25th day of January,
2000, by the following roll call vote:
AYES:
COUNCILMEMBERS:
KELLEY, P APE, SCHIFFNER, BRINLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
METZE
ABSTAIN:
COUNCILMEMBERS:
NONE
~JLU
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1058 of said Council, and that the same has not been amended or repealed.
~~~6.2000
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)