ORD 171ORDINANCE NO. 171
AN ORDINANCE OF THE CITY OF LA QUINTA, ADDING
CHAPTER 11.85, LOITERING, TO TITLE 11 OF THE
LA QUINTA MUNICIPAL CODE.
WHEREAS, the City Council hereby finds that loitering
by persons who have no interest in the business or activities
conducted on the premises where they linger has resulted in the
obstruction of pedestrian and vehicular traffic upon public
rights -of -way in the City of La Quinta; and
WHEREAS, the obstruction of pedestrian and vehicular
traffic creates fire, health and safety hazards to pedestrians
and drivers as well as a disturbance to the community at large;
and
WHEREAS, it is necessary for this ordinance to become
immediately effective to enable peace officers to adequately
protect the health, safety and welfare of the community without
interfering with the exercise of a person's constitutionally
protected rights.
NOW, THEREFORE, the City Council of the City of La
Quinta, California does hereby ordain as follows:
Section 1. That a Chapter 11.85 be added to Title 11
of the La Quinta Municipal Code and be titled as follows:
Chapter 11.85 - LOITERING
11.85.010 Definition. As used in this Chapter
"loitering" means to delay, linger, or stand idly in one
location.
11.85.020 Prohibition.
A. Rights -of -Way. No person, after first being
warned by a peach officer to vacate the premises, or where a
sign has been posted in accordance with this Chapter, shall
loiter 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 loiter so as to
obstruct or prevent access to any structure or building open to
the public.
11.85.030 Exceptions. 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.
Ordinance No. 171
11.85.040 Form and Content of Signs. If a sign is
used to notify persons of the prohibits herein prohibit
loitering in a particular location, the sign shall not be less
than one (1) square foot in total area and shall read "Loitering
Forbidden By Law - La Quinta Municipal Code" in letters not less
than two (2) inches in height. Additional lettering shall not
be less than one (1) inch in height.
SECTION 2. A person violating any provision of this
Chapter shall be guilty of an infraction pursuant to Section
1.01.200 of the La Quinta Municipal Code. The third violation
of this Chapter and each violation thereafter, shall constitute
a misdemeanor requiring an appearance in municipal court.
SECTION 3. The City Clerk shall certify to the
passage and adoption of this ordinance and shall cause the same
to be posted in three public places in the City of La Quinta,
and the same shall be in full force and effect immediately after
its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of
the City of La Quinta, California, on this 15th day of May,
1990, by the following vote:
AYES: COUNCILMAN BOHNENBERGER, BOSWORTH, RUSHWORTH,
SNIFF AND MAYOR PENA
NOES: NONE
ABSENT:NONE
ABSTAIN:NONE
JOHN J. PEN , yor
City of La Quinta, alifornia
ATTEST:
i
AUNDRA L. JTJHO.LAI City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta, California
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, 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. 171 which was introduced on
the 1st day of May and was adopted at a regular meeting held on
the 15th day of May not being less than 5 days after date of
introduction thereof.
I further certify that the foregoing ordinance was posted in
three (3) places with the City of La Quinta as specified in a
resolution of the City Council.
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify that the foregoing ordinance was
po ed pursuant to City Council Resolution on May 16, 1990.
SAUNDRA L. J OLA, City Clerk
City of La Quinta, California