A. It is unlawful for any person, other than a public officer or employee acting within the course and scope of his or her employment, to enter or remain upon any motor vehicle parking lot, motor vehicle parking structure or facility, drive-in property, shopping center property or any other place or property open to the public, without the implied or express consent of the owner, his or her agent or person in lawful possession thereof, or with the knowledge that such consent has been withdrawn.
B. Exceptions. This section shall not apply in any of the following instances:
(1) where its application is directly related to an act prohibited by the Unruh Civil Rights Act or other law relating to prohibited discrimination against any person on account of sex, color, race, religion, creed, ancestry or national origin;
(2) where its application involves or is directly related to an act prohibited by Section 365 of the Penal Code or other law relating to the duties of innkeepers or common carriers; or
(3) where the property described in Subsection A of this section is owned, leased or operated by the City or any other public entity and is open to the public and the application of this section would result in an interference with or inhibition of the exercise of a constitutionally protected right of freedom of speech, provided the exercise of such right does not involve prohibited conduct, including but not limited to conduct prohibited by Section 647 (2) or Section 415 of the Penal Code or any law or ordinance relating to the obstruction of any street, sidewalk or other public place or place open to the public.
(Ord. MC-460, 5-15-85; Ord. 3465, 12-17-74; Ord. 821, 8-09-1921)