City of Oakdale, CA Article IX Prohibition Against Obstructing Public Streets, Sidewalks, and Passageways

§ 19-139 Obstructing any street, sidewalk, passageway or other public way prohibited – penalty – exceptions.

[Ord. No. 1163.]

(a) No person shall willfully and substantially obstruct the free passage of any person or persons on any street, sidewalk, passageway or other public place.

(b) Penalty. Any person who shall violate the provisions of this section shall be guilty of an infraction, the penalty for which shall be a fine of not less than fifty dollars nor more than five hundred dollars.

(c) Exceptions. (1) It is not intended that this section shall apply where its application would result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly; and (2) nothing contained herein shall be deemed to prohibit persons from sitting on public benches or other public facilities provided for such purpose.

§ 19-140 Obstructing any street, sidewalk, passageway or other public way prohibited – second offense within twenty-four hours –penalty – exceptions.

[Ord. No. 1163.]

(a) Any person who willfully and substantially obstructs the free passage of any person or persons on any street, sidewalk, passageway or other public place within twenty-four hours after violating and being cited for said violation of § 19-139 shall be in violation of this section.

(b) Penalty. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor, the penalty for which shall be imprisonment in the county jail for a period not exceeding six months or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.

(c) Exceptions. (1) It is not intended that this section shall apply where its application would result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly; and (2) nothing contained herein shall be deemed to prohibit persons from sitting on public benches or other public facilities provided for such purpose.

§ 19-141 Obstructing any street, sidewalk, passageway or other public way prohibited – second offense within one hundred twenty days of conviction – penalty – exceptions.

[Ord. No. 1163.]

(a) Any person who willfully and substantially obstructs the free passage of any person or persons on any street, sidewalk, passageway or other public place within one hundred twenty days after the date of conviction of a violation of § 19-139 shall be in violation of this section.

(b) Penalty. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor, the penalty for which shall be imprisonment in the county jail for a period not exceeding six months or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.

(c) Exceptions. (1) It is not intended that this section shall apply where its application would result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly; and (2) nothing contained herein shall be deemed to prohibit persons from sitting on public benches or other public facilities provided for such purpose.