Guide to Laws About Activities on Public Streets, Sidewalks, Parks, and other Public Spaces in Los Angeles

1. Being on the sidewalk or street

Can the police tell me to get off the sidewalk?

As long as you are not blocking the flow of traffic, you have the right to be on a public sidewalk or to peacefully gather with others on public sidewalks, and police may not unreasonably restrict this right.¹U.S. Constitution, 1st Amendment; Cox v. Louisiana, 379 U.S. 536, 554 (1965); Frisby v. Schultz, 487 U.S. 474, 480 (1988)

Is it illegal to block the sidewalk?

Yes. In California, it is illegal to intentionally block the free movement of another person on a street, sidewalk or other public place.²Cal Penal Code 647c

Also, in the city of Los Angeles, you can’t stand in or on any street, sidewalk or other public way open for pedestrian use or otherwise occupy any portion in such a manner as to “annoy or molest” any pedestrian or to obstruct or unreasonably interfere with the free passage of pedestrians.³LA Municipal Code 41.18; 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.

Is it legal to just start marching or protesting in the street?

If you want to march, protest, or assemble on public roads, you will need to apply for a special permit with the city. For related issues within the city of Los Angeles, see the LAPD website here.

Also check out our Guide to Free Speech

Is it illegal to simply sit or lie in the street?

Yes. You can’t “sit, lie or sleep in or upon any street, sidewalk or other public way.”⁴LA Municipal Code 41.18(d) This is often referred to as a “sit/lie” ban.

But this law does NOT apply to sitting on on benches or other seating facilities provided for such purpose by the government, or while attending or viewing any permitted parade

Is it illegal to sit in other public places?

You can’t sit or stand on or at the entrance of any church, hall, theater or other place of public assemblage in any manner so as to obstruct such entrance.⁵LAMC 41.19

What is loitering? Is it illegal?

Loitering is just hanging around without any particular purpose.

You can’t loiter in any:

• tunnel, pedestrian subway, bridge overpass, or at or near the entrance thereto or exit therefrom, 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.⁶LAMC 41.18;  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.
• hotel, where the manager has told you to leave⁷LAMC 42.11
• airport, bus stop, or train station⁸LAMC 42.11.1
• public bathroom with the intent to have sex with someone, even if consensual⁹CA Penal Code Sec 647(d)

2. Stuff on the street or sidewalk

Is it illegal to leave things or tents in the street?

It is NOT legal to leave any personal items unattended, whether large or small, in a public area.¹⁰LAMC 56.11 You also may not leave any trash or waste in a public area, as this is considered littering or “illegal dumping.”¹¹California Penal Code Sec 374.3; LAMC 190.02 The city of LA will pick up bulky items for free.

You may keep things on the street or sidewalk or other public area that can fit into a 60 gallon container, and only if you are present with the items. But items cannot block any path of a sidewalk or street, or be a hazard to others.

See more at our Guide to Laws about Homelessness.

3. Disturbing the peace & “nuisance”

What is “disturbance of the peace” or “breach of the peace”?

The specific law of “disturbing the peace” includes any of the following:¹²Penal Code 415

1. Unlawfully fighting, or challenging another person to fight, in a public place
2. Disturbing another person by loud and unreasonable noise, if this is done willfully and maliciously, and
3. Using offensive words in a public place, if the words are likely to provoke an immediate violent reaction.

Penalty: Up to 90 days in county jail and/or up to $400 fine.

But there are also the crimes of disturbing or breaking up a meeting,¹³Penal Code 403 participating in unlawful assembly,¹⁴Penal Code 406-408 and rioting.¹⁵Penal Code 404 & 405 The first two are punishable by up to 6 months in jail and/or up to $1000 fine, and rioting carries a penalty of up to 1 year in jail and/or up to $1000 fine.

What is a nuisance?

Nuisance is any disturbance which can harm the health or comfort of others, or is “indecent or offensive to the senses,” or any interference with the use of property or public space.¹⁶Civil Code 3479

This can include

• smoke, noise, odor, vibrations, etc. ¹⁷Oliver v. AT&T Wireless Services (1999) 76Cal.App.4th 521
• the illegal sale of drugs¹⁸Civil Code 3479
• obstructing the free use of property, so as to interfere with the comfortable enjoyment of life or property¹⁹Civil Code 3479
• obstructing the free passage or use, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway.²⁰Civil Code 3479

See more about noise at our Guide to Laws About Noise.

What is the penalty for nuisance?

It varies by the specific acts, but generally it is up to 6 months in jail and/or $1000 fine.²¹Penal Code 19

4. Street vendors

Is street vending legal?

While it is not explicitly legal, as of Feb 15, 2017, it is NOT a crime to sell food or merchandise on the sidewalk in the city of L.A., however those who do so can still be cited and fined as a civil violation or infraction.²²LAMC Sec 42.00(b) And beginning Jan 1, 2019, it will not be a crime anywhere in California.

Keep in mind that it is still not legal to sell food or merchandise in parks (see below), or from a trailer, wagon, or pushcart.²³LAMC 80.73

But the city plans to set up a system to fully legalize street vending and to begin issuing permits.²⁴LAMC Sec 42.00, L.A. City Council motion to study legalizing street vending Follow The Los Angeles Street Vendor Campaign for updates.

5. Plants on city streets

Can I trim or remove a tree on a city street that is dangerous or annoying me?

In Los Angeles, you must get a permit to do ANYTHING to a tree, plant, or shrub, or to plant a tree, plant, or shrub (with exceptions below) ²⁵LAMC Sec 62.169

Can I plant or remove stuff on the “parkway” strip of greenery in front of my house?

Yes, in Los Angeles you don’t even need a permit to plant or remove shrubs and plants, and to install fruits and vegetables there! But you can’t do trees without a permit.²⁶LAMC Sec 62.169

6. Parks and Recreation Areas

What can or can’t I do in the park in LA?

• Sell things? Generally you can’t sell anything in a park, except for your own “expressive” creations, including: books, audio, video or other recordings of performances, paintings, photographs, prints, sculptures or any other item that is inherently communicative.
• Smoke? No smoking or vaping of any kind is allowed in LA parks.
• Can I be there at any time of the day? Each park has different “open” and “closed” hours, but when it is closed you are not allowed to be at the park.

For more general rules and rules specific to certain parks, check out LA Municipal Code Sec 63.44.

7. Drinking in public

Is it illegal to drink alcohol in public?

Laws vary by city, but most cities do NOT allow you to drink alcohol in public, including the city of LA.²⁷LAMC Ch IV Sec 41.27(c) But in most cities, including LA, if the drink has less than 0.5% alcohol (such as some kinds of Kombucha drinks), it is not legally considered alcohol and is OK to drink in public.²⁸LAMC Ch IV §41.27(c)

Is it illegal to be drunk in public?

Yes, in California you may not be so drunk (or high on drugs) that you are unable to exercise care for your own or others’ safety. It is also illegal to be so drunk that you are blocking or preventing the use of the sidewalk or public street. This is called public intoxication.²⁹Cal Penal Code Sec 647(f)

Is it illegal to simply carry alcohol in public?

It varies by city. In the city of LA, sealed alcohol is fine to carry around. Unsealed or “open containers” are NOT OK in or near a store that sells alcohol,³⁰LA Municipal Code Sec 41.27(d) or on public transportation. Other than these or other specific areas, it’s not technically illegal in LA to carry open containers of alcohol in public.³¹LA Municipal Code 41.27(h) was declared unconstitutional and unenforceable However, it’s not advisable as it may garner the attention of law enforcement.

See more at our Guide to Laws About Alcohol

8. Peeing or pooping in public or on public property

Is it illegal to pee or poop in public or on public property?

Yes. In Los Angeles it is illegal to urinate or defecate in or on any public street, sidewalk, alley, plaza, beach, park, public building or other publicly maintained facility or place, or in any place open to the public or exposed to public view, except when using a proper toilet or portapotty hidden from public view.³²LAMC 41.47.2

9. Private streets

Can property owners in Los Angeles make a street private and prevent the public from entering on it?

Possibly, if they apply for it, following the procedure outlined in the LA Municipal Code Sec 18.03.

10. Graffiti and Vandalism

What is the penalty for graffiti or other vandalism?

Up to 1 year in county jail and/or a fine of up to $50,000. See our Guide to Laws on Graffiti and Vandalism.

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