10.32.050 Loitering in median strips within a City street.

           A.       Purpose. The City Council finds that when pedestrians loiter in public roadway medians for purposes of disorderly conduct, solicitation of money, solicitation of prostitution, consumption of alcoholic beverages, or other unlawful activity, they obstruct traffic and distract drivers, thereby threatening both their own safety and the safety of the community. They also negatively affect the quality of life and economic vitality of the City of Union City. This regulation is therefore necessary to protect the public health, safety, and welfare.

           B.       Definitions. “Loiter,” for the purposes of this section, means loitering or lingering for the purposes of disorderly conduct, solicitation of money or things of value, soliciting prostitution, consuming alcoholic beverages, or other unlawful activity. For the purposes of this section, “median strip” means a non-landscaped, paved, planted, or otherwise landscaped strip of ground dividing a street or highway into lanes according to the direction of travel.

           C.       Prohibition on Loitering. It is unlawful for any individual to loiter in a median within a city street or roadway. This section shall not apply to authorized public officers or employees, or employees of a public utility when necessary to enter upon the street and/or median strip in the line of duty.

           D.       Constitutional Rights. Nothing in this section shall be interpreted to preclude individuals from being in medians within city streets or roadways for the purpose of exercising the rights guaranteed by the First Amendment of the United States Constitution and by Article I, Sections 2, 3, and 4 of the California Constitution, including the free exercise of religion, freedom of speech, the right of assembly, and the right of petition. (Ord. 738-10 § 2, 2010)