§ 4302. DEFINITIONS.

For purposes of this Article:

"Amplified sound" means a sound augmented by any electronic or other means that increases the sound level or volume beyond that of a conversational speaking voice.

"Follow" means to physically pursue an individual once that individual has indicated verbally or non-verbally he or she does not wish to be approached or engage in conversation.

"Gathering" means two or more individuals.

"Harass" means to engage in a course of conduct directed at a specific person or persons that alarms, seriously distresses, torments, or terrorizes the person. Harassment does not include, among other things, quiet, consensual conversation conducted from a stationary position. Harassment includes, but is not limited to:

(a) Approaching within eight feet of a person if that person indicates he or she does not want to be approached, except as necessary to enter or exit the reproductive health care facility;

(b) Following a person if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property;

(c) Shouting at a person within 25 feet of the entrance of a reproductive health care facility;

(d) Intentionally touching or causing physical contact with a person without that person's consent;

(e) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including, but not limited to (1) intentionally causing a pedestrian to take evasive action to avoid physical contact and/or (2) placing signs on the sidewalk such that the flow of pedestrian traffic is restricted. This subsection (e) shall not prohibit individuals from holding or wearing signs while using the sidewalk; or

(f) Using violent or threatening gestures toward a person.

"Impede" means to obstruct, block, detain, or render passage impossible, unsafe, or difficult.

"Law Enforcement Official" means a member of a law enforcement agency, including but not limited to a member of a municipal, metropolitan or state police department, sheriffs, or deputy sheriffs.

"Person" refers to any individual, firm, partnership, joint venture, company, corporation, association, social club, fraternal organization, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit except the United States of America, the State of California, and any political subdivision of either.

"Public Safety Official " means a member of a law enforcement agency, fire department, or other state, federal, or municipal employee charged with protection of public health or safety.

"Reproductive health care facility" refers to a clinic licensed under Chapter 1 (commencing with Section 1200) of Division 2 of the California Health and Safety Code, or any other facility or business that provides reproductive health care services, exclusively or in addition to other health care services. Reproductive health care facility does not include a licensed hospital or a clinic or other facility owned or operated by a licensed hospital.

"Reproductive health care services" refers to all medical, surgical, counseling, referral, and informational services related to the human reproductive system.

"Shout" refers to any audible activity not electronically amplified originating from an individual that is beyond that of a conversational speaking voice, including vocalizations that are audible from more than 15 feet away, as well as vocalizations intended to carry from the street or public sidewalk to the inside of a reproductive health care facility.

(Added by Ord. 226-93, App. 7/16/93; amended by Ord. 214-03, File No. 031105, App. 8/28/2003; Ord. , File No. 130262, App. 5/21/2013, Eff. 6/20/2013; Ord. , File No. 141002, App. 11/14/2014, Eff. 12/14/2014)