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§ 10.08.030 — Impeding access prohibited

San José Municipal Code (Supp. No. 5: codified through Ordinance No. 31341, enacted August 25, 2026) · San José Municipal Code § 10.08.030

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10.08.030 - Impeding access prohibited.

A. No person, in the course of demonstration activity within the access area of a health care facility, acting alone or in concert with others, shall impede or hamper the free access to or departure from any health care facility by failing to withdraw immediately to a distance of at least eight feet away from any person who has requested such withdrawal. B. For purposes of this section, "access area" means any portion of a public street or other public place or any place open to the public within one hundred feet of an exterior wall of a health care facility. C. For purposes of this section, "health care facility" means any medical or health facility, hospital or clinic within the city which is licensed under state law or any building, office or other place within the city regularly used by any health care provider licensed under state law to provide medical, nursing or health care or advice to patients. D. For purposes of this section, "demonstration activity" means all expressive and symbolic conduct, whether active or passive, which shall include, but not be limited to, protesting, picketing, distributing literature, and engaging in oral or silent protest, education or counseling activities. E. For purposes of this section, withdrawal may be requested by a person verbally, or by carrying or wearing a visible sign clearly indicating such withdrawal request. Statements by a person, or signs carried or worn by a person displaying words or symbols such as or similar in effect to "stop," "stop it," "withdraw," "back off," "get away" or "leave me alone" shall be sufficient to constitute a request to withdraw under this section. Failure to comply immediately with any such request shall constitute a violation of this section. Mere statements of opinion or disagreement made in the absence of a request to withdraw shall not be construed to be a request to withdraw under this section. F. Distance under this section shall be measured from that part of the closest demonstrator's body that is nearest to the closest part of the requesting person's body. For purposes of the preceding sentence, the term "body" shall include any natural or artificial extension thereof including, but not limited to, an outstretched arm or a hand-held sign.

(Ord. 24157.)