El Dorado County, CA Public Conduct: Loitering Rules (2026)
Key Facts
- Governing section
- Sec. 9.34.040 (Chapter 9.34, Loitering)
- Not a blanket ban
- Requires one of seven listed conditions
- Officer discretion
- Sec. 9.34.050 lets officer judge likely breach
- Definition
- 'Loiter' means remaining idle or moving aimlessly
- Common trigger
- Remaining on business lot after closing, unasked
Summary
El Dorado County's Loitering Ordinance, Section 9.34.040, does not ban standing around generally; it bans loitering that breaches the peace, blocks pedestrians or vehicles, or continues on private or closed business property after the owner or an officer asks the person to leave. A peace officer decides when those conditions are met.
No person shall loiter in such a manner as to: A.Create or cause to be created a breach of the peace;B.Obstruct the free passage of pedestrians or vehicles;C.Remain upon any business premises or parking lots pertaining to such premises after the close of business hours, without the consent of the owner or legal occupant or occupants;D.Remain upon any private property without the consent of the owner or legal occupant or occupants;E.Remain upon any business premises or private property after having been asked to leave by the owner or legal occupant or occupants;F.Remain upon public property not open to the public after having been asked to leave by individuals in charge of such property or by law enforcement personnel;G.Engaging in acts of vandalism, defacing or otherwise damaging public or private property.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 13 Update 4).
Full Breakdown
040 narrows the actual prohibition to seven specific circumstances: creating a breach of the peace, obstructing free passage of pedestrians or vehicles, remaining on business premises or an adjoining parking lot after closing without consent, remaining on private property without the owner's or occupant's consent, staying after being asked to leave a business or private property, staying on public property not open to the public after being told to leave by staff or law enforcement, or engaging in vandalism or property damage while loitering. 050 gives a peace officer discretion to cite someone once the officer reasonably judges that a person's presence is causing, or is likely to cause, any of those seven conditions; the officer does not need to wait for the underlying breach of peace or trespass to fully occur.
020 is to let deputies address unstructured gatherings in commercial parking lots and public places that threaten the County's business environment and public safety, rather than to criminalize simply standing in one place. Because the ordinance is conduct-and-context based rather than a blanket ban on being present, a person on a public sidewalk who is not obstructing traffic, threatening a breach of peace, or trespassing is not violating this chapter.
Violations & Fines
The Code does not print a stand-alone penalty section for Chapter 9.34, so a Section 9.34.040 violation falls under Title 9's general Chapter 1.24 penalty scheme for County Code offenses: County code misdemeanors carry up to a $1,000.00 fine and up to six months in jail, with the District Attorney able to reduce a charge to a $500.00 infraction. An officer's citation must be tied to one of the seven listed conditions in Section 9.34.040.
Frequently Asked Questions
Can I be cited just for standing in a parking lot?
What counts as 'loitering' under the County ordinance?
Does a deputy need to see an actual crime happen first?
Sources & Official References
Other rules in El Dorado County
California rules heatmap·Compare El Dorado County to another location·View the California public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.