ORD 362
11.85 030 Exceptions to Provisions.
The provisions of this chapter shall not apply when its application would abridge
the exercise of a person's rights protected under the first and fourth amendments of
the U. S. Constitution, including but not limited to the right of free speech, right of
peaceable assembly, and right to object to an unreasonable search and seizure.
11.85.020 Prohibited acts.
Ä. Rights-of-way. No person, after first being warned by a peace officer to vacate
the premises, or where a sign has been posted in accordance with this chapter, shall
loiter, sit, or lie in or upon any public street, sidewalk, curb, crosswalk or other public
right-of-way so as to obstruct the free passage of pedestrian or vehicular traffic
thereon.
B. Buildings. No person, shall after first being warned by a peace officer to vacate
the premises, or where a sign has been posted in accordance with this chapter, shall
loiter, sit, or lie so as to obstruct or prevent access to any structure or building open
to the pu blic.
11.85.10 Definition.
As used in this Chapter "loitering" means to delay, linger, or stand by idly in one
location.
Definition
Prohibited acts
Exceptions to provisions
Sign requirements
Nuisance
Sections:
11.85.10
11.85.20
11.85.30
11.85.40
11.85.50
PUBLIC RIGHTS-OF-WAY- OBSTRUCTING
Chapter 11 .85
SECTION I. That Chapter 11 .85 of the La Quinta Charter and Municipal Code
is hereby amended to read as follows:
THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA AMENDING CHAPTER 11.85 OF THE LA QUINTA
CHARTER AND MUNICIPAL CODE
ORDINANCE NO. 362
Ordinance No. 362
Amending Chapter 11.85 I Loitering
October 16, 2001
Page 2
11.85.040 Sign requirements.
If a sign is used to notify persons of the prohibition herein that loitering in a
particular location is prohibited, 'the sign shall not be less than one square foot in total
area and shall read "WARNING, unreasonable obstruction of pedestrian or vehicular
traffic in this area by persons loitering, sitting, or lying is prohibited and punishable as
a MISDEMEANOR - La Quinta Municipal Code." in letters not less than··two inches in
height for "WARNING." Additional lettering shall not be less than 5/8 inches in height.
11.85.50 Nuisance.
It shall be deemed a public nuisance for any person, after first being warned
by a law enforcement officer, or where a sign has been posted in accordance with this
chapter, to loiter, sit or lie in or upon any public street, sidewalk, curb, crosswalk, or
other public-right-of-way so as to hinder or unreasonably obstruct the free passage of
pedestrians or vehicular traffic thereon or to prevent the free access to the entrance
to any building open to the public.
SECTION II. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (3D) days after its adoption.
SECTION III. POSTING: The City Clerk shall within fifteen (1 5) days after
passage of this Ordinance, cause it to be posted in at least three (3) public places
designated by resolution of the City Council; shall certify to the adoption and posting
of this Ordinance; and shall cause this Ordinance and its certification, together with
proof of posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED this 16th day of October, 2001, by the
following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Peña
NOES: None
ABSENT: None
ABSTAIN: None
A, Mayor
~ nllint~ _ ~~Iifnrnia
I 1.11.,
Ordinance No. 362
Amending Chapter 11 .85 I Loitering
October 16, 2001
Page 3
ATTEST:
~ø'~cJJ
J NE· - REEK, CMC, City erk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
ttorney
Ordinance No. 362
Amending Chapter 11.85 I Loitering
October 16, 2001
Page 4
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SSe
CITY OF LA QUINT A }
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true and correct copy of Ordinance No. 362 which was
introduced at a regular meeting on the 2nd day of October, 2001, and was adopted
at a regular meeting held on the 16th day of October, 2001, not being less than 5
days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City
of La Quinta as specified in a Resolution of the City Council.
fu-'~'~~-~
JU . REEK, CMC, Cit lerk
City of La Quinta, California