SEC. 41.18.  SIDEWALKS, PEDESTRIAN SUBWAYS – LOITERING.

     (a)     No person shall stand in or upon any street, sidewalk or other public way open for pedestrian travel or otherwise occupy any portion thereof in such a manner as to annoy or molest any pedestrian thereon or so as to obstruct or unreasonably interfere with the free passage of pedestrians.  (Amended by Ord. No. 137,269, Eff. 10/21/68.)

     Whether or not a defendant’s acts “in any manner hindered or obstructed the free-passage” of persons passing is clearly a question of fact for the jury.

     People v. Firestone, CR A 518.

     Where free-passage along sidewalks is obstructed by persons listening to what is said at a street-meeting, the persons conducting said meeting cannot be convicted of a violation of this section in the absence of other facts.

     People v. Yoneda, CR A 249.

     (b)     No person shall loiter in any tunnel, pedestrian subway, or on any bridge overpass, or at or near the entrance thereto or exit there from, or at or near any abutment or retaining wall adjacent to such entrance or exit, or any retaining wall or abutment adjacent to any freeway, street or highway open and used for vehicular traffic, or adjacent to that portion thereof used for vehicular traffic, or on any public property in the proximity of such bridge, overpass, or retaining wall or abutment.

     Sec. 41.18 has not been preempted by State Legislation encompassing loitering offenses.

     Gleason v. Municipal Court (April 1964), 226 Cal. App. 2d-226 ACA 701.

     (c)     No person in or about any pedestrian subway, shall annoy or molest another or make any remark to or concerning another to the annoyance of such other person, and no person shall commit any nuisance in or about such subway.

     (d)     (Amended by Ord. No. 137,269, Eff. 10/21/68.) No person shall sit, lie or sleep in or upon any street, sidewalk or other public way.

     The provisions of this subsection shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any parade permitted under the provisions of Section 103.111 of Article 2, Chapter X of this Code; nor shall the provisions of this subsection supply to persons sitting upon benches or other seating facilities provided for such purpose by municipal authority by this Code.