ACCESS TO HEALTH CARE FACILITIES

Sacramento City Code tit. 12, ch. 12.96

in effect

Sacramento City Code § 12.96.010 Definitions.

12.96.010 Definitions. The following definitions apply in this chapter: "Follow" means to physically pursue a person once that person has indicated verbally or non-verbally that they do not wish to be approached or engage in conversation. "Gathering" means two or more persons. "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. Harass includes, but is not limited to: 1. Approaching a person once that person has indicated they do not want to be approached or engage in conversation, except as necessary to enter or exit the health care facility; 2. 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; 3. Intentionally touching or causing physical contact with a person; and 4. Using violent or threatening gestures toward a person. "Health care facility" means any facility licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the California Health and Safety Code, any health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the California Health and Safety Code, or any facility where health care services are regularly provided by persons licensed under Division 2 (commencing with Section 500) of the California Business and Professions Code, the Osteopathic Initiative Act, or Chiropractic Initiative Act. "Health care services" include, but are not limited to all medical, surgical, counseling, referral, and informational services related to the human reproductive system. "Intimidate" means making a true threat directed to a person or group of persons with the intent of placing that person or group of persons in fear of bodily harm or death. "Obstruct" means rendering ingress to or egress from a health care facility, or rendering passage to or from a health care facility, unreasonably difficult or hazardous. Obstruct includes, but is not limited to, intentionally blocking or interfering with the safe or free passage of a pedestrian or occupied vehicle by any means, such as (1) intentionally causing a pedestrian to take evasive action to avoid physical contact, or (2) placing signs, tables, or chairs on the sidewalk such that the flow of pedestrian traffic is restricted or obstructed. "True threat" means a statement in which the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular person or group of persons regardless of whether the person actually intends to act on the threat. (Ord. 2022-0015 § 2; Ord. 2004-049 § 2)

Sacramento City Code § 12.96.020 Interference with access to health care facilities prohibited.

12.96.020 Interference with access to health care facilities prohibited. A. No person shall: 1. Within 100 feet of an entrance door to a health care facility, willfully and knowingly approach within 8 feet of any person seeking to enter or exit the health care facility, or any occupied motor vehicle seeking to enter or exit the parking lot of such a facility, without the consent of such a person or vehicle occupant, for the purpose of harassing or intimidating such person or vehicle occupant. Eight feet shall be measured from either any extension of the body of the person seeking to enter or exit the health care facility, or the exterior of any occupied motor vehicle seeking to enter or exit the parking lot, to any extension of the body of, or any sign or object held by another person; 2. Obstruct access to or departure from any entrance door to, or any driveway of, a health care facility; or 3. Fail to comply with a dispersal order as described in subsection C. B. Subsection A applies during, one hour before, and one hour after, a health care facility's posted business hours. C. A peace officer may order the immediate dispersal of a gathering that continues to violate subsection A after a verbal warning. A dispersal order issued pursuant to this subsection must include the following statements: (1) this gathering is interfering with access to a health care facility in violation of section 12.96.020.A of the Sacramento City Code; and (2) everyone is ordered to immediately disperse to an area at least 100 feet away from entrance doors to the facility, or face arrest and prosecution. If the dispersal order is written and posted at the location of the health care facility, the order shall remain in effect until one hour after the close of business of the health care facility. This section shall apply during, one hour before, and one hour after the posted business hours of a health care facility. D. Nothing in this chapter precludes the enforcement of other state, federal, or municipal laws, including but not limited to those related to sidewalk and street obstructions, or prohibited noises. (Ord. 2022-0015 § 3; Ord. 2004-049 § 2)

Sacramento City Code § 12.96.030 Violations.

12.96.030 Violations. A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28. B. Violations of this chapter are hereby declared to be a public nuisance. C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each violation. D. Any person who violates a provision of this chapter is guilty of a misdemeanor. E. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. F. Any person who is aggrieved by an act prohibited by section 12.96.020.A may bring an action for damages, injunctive or declaratory relief, or all such remedies, as appropriate, in a court of competent jurisdiction against any person who has violated or conspired to violate its provisions. An aggrieved person includes any health care facility that is the site of a violation of this chapter. Any person who prevails in such an action shall be entitled to recover from the violator those damages, costs, attorney's fees, and such other relief as determined by the court. In addition to other damages, the court may award the aggrieved person a civil penalty of up to $1,000 for each violation. (Ord. 2022-0015 § 4; Ord. 2004-049 § 2)

Sacramento City Code § 12.96.040 Severability.

12.96.040 Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid or ineffective by any court of competent jurisdiction, or by reason of any preemptive legislation, that invalidity shall not affect the validity of the remaining provisions of this ordinance. The City Council declares that it would have passed this ordinance and each section, subsection, subdivision, sentence, clause and phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared invalid. (Ord. 2022-0015 § 5; Ord. 2004-049 § 2)

Source: City of Sacramento, Sacramento City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/sacramentoca/latest/sacramento_ca/0-0-0-25279Fetched: 10/24/2026