As used in this chapter the following definitions shall apply:
a. "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.
b. "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 of the Sacramento County Code.
(SCC 549 § 1, 1983; SCC
587 § 2, 1984; SCC 0751 § 2,
1988)
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.
(SCC 549 § 1, 1983; SCC
587 § 2, 1984; SCC 0751 § 2,
1988)
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 Section
9.82.020, h
e or sh
e 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.
(SCC 549 § 1, 1983; SCC
587 § 2, 1984; SCC 0751 § 2,
1988)
(SCC 549 § 1, 1983; SCC
587 § 2, 1984; SCC 0751 § 2,
1988)
The first violation of Section
9.82.020 shall constitute an infraction. Any subsequent violation of Section
9.82.020, or
a refusal to leave the premises after having been cited by any peace officer for a violation of Section
9.82.020, shall constitute a misdemeanor.
(SCC 0751 § 2, 1988)
The punishment for a violation of this chapter which constitutes an infraction shall be as prescribed by subdivision "(b)" of Section 25132 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 Section
1.01.190 of this Code. 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.
(SCC 0751 § 2, 1988)