Roseville, CA Public Conduct: Loitering Rules (2026)
Key Facts
- Loitering test
- No legitimate purpose and no constitutional-right intent
- First offense
- Infraction
- Repeat/refusal offense
- Misdemeanor
- Geographic scope
- Entire incorporated area of Roseville
- Applies to
- Public and private premises alike
Summary
Roseville makes it unlawful to loiter anywhere within city limits under Municipal Code §10.34.020, defining "loiter" in §10.34.010 as entering and remaining on public or private premises with no purpose legitimately tied to the occupant's business and no genuine intent to exercise a constitutional right. A first violation is an infraction; a second, or refusing to leave after a peace officer's citation, is a misdemeanor.
Section 10.34.010. Definition. As used in this chapter, to "loiter" means to enter and remain on any premises, public or private, under such circumstances that a reasonable person would conclude that the person who has entered and remained on such premises: (i) does not have a purpose legitimately connected with the business or activity of the legal occupant of the premises; and (ii) does not have a bona fide intent to exercise a constitutional right. Section 10.34.020. Loitering prohibited. It is unlawful for any person to loiter within the incorporated area of the city. The first violation of this section shall be an infraction. Any subsequent violation of this section, or any refusal to leave the premises after having been cited by a peace officer, shall constitute a misdemeanor.
Full Breakdown
Chapter 10.34, adopted by Ordinance 1963 in 1986, is two sections long but carries real teeth. Section 10.34.010 defines loitering with a two-part, "reasonable person" test: someone has loitered if they enter and remain on any premises, public or private, under circumstances where a reasonable observer would conclude the person (1) has no purpose legitimately connected with the business or activity of the premises' legal occupant, and (2) has no bona fide intent to exercise a constitutional right, such as speech, assembly or petition. Both elements have to be true; a person who is present for a legitimate reason, or who is exercising a genuine constitutional right such as picketing or gathering signatures, is not loitering under this definition even if an officer or property owner would rather they leave.
Section 10.34.020 then makes loitering, so defined, unlawful anywhere in the incorporated area of the city, not just in specific zones or near specific businesses. The penalty escalates with repetition: a first violation is charged only as an infraction. A second or later violation of the section, or simply refusing to leave the premises once a peace officer has already issued a citation for loitering there, is elevated to a misdemeanor. That structure gives officers a warning-first tool for a first encounter while allowing a stronger charge against someone who returns to the same conduct or ignores a lawful order to leave.
Violations & Fines
A first loitering citation under §10.34.020 is an infraction, typically resolved with a fine. Any subsequent loitering violation, or refusing a peace officer's order to leave the premises after already being cited, becomes a misdemeanor, which can carry county jail time and a larger fine at the court's discretion; the city attorney's office prosecutes both infraction and misdemeanor loitering cases.
Frequently Asked Questions
What counts as illegal loitering in Roseville?
What is the penalty for loitering in Roseville the first time?
Can I be cited for loitering while protesting or petitioning in Roseville?
Sources & Official References
Other rules in Roseville
California rules heatmap·Compare Roseville 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.