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Roseville, CA Public Conduct: Loitering Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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?
Under §10.34.010, you're loitering if you enter and remain on any public or private premises where a reasonable person would conclude you have no purpose connected to what the legal occupant is doing there, and no genuine intent to exercise a constitutional right like speech or assembly. Both conditions must be met for the definition to apply.
What is the penalty for loitering in Roseville the first time?
A first loitering violation of §10.34.020 is only an infraction, similar to a traffic ticket, resulting in a fine rather than a criminal record. The city reserves the misdemeanor charge, which can include jail time, for repeat violations or for someone who refuses to leave after already being cited by an officer.
Can I be cited for loitering while protesting or petitioning in Roseville?
No. The ordinance's own definition excludes anyone with a bona fide intent to exercise a constitutional right, which covers activity like peaceful protest, picketing or gathering signatures. Loitering only applies when a reasonable person would conclude you have neither a legitimate purpose tied to the property nor a genuine constitutional-rights purpose for being there.

Sources & Official References

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