(a) A person commits a petty misdemeanor if he or she unreasonably obstructs the free passage of foot or vehicular traffic on any public way, and refuses to cease or remove the obstruction upon a lawful order to do so given him by a law enforcement officer. (b) A person commits a petty misdemeanor if he unreasonably obstructs the free passage of foot or vehicular traffic on any public way for the purpose of handbilling as defined by Title 16 GCA Section 3701 or for soliciting as defined by Title 16 GCA Section 3341. (c) As used in this Section, public way means any public highway or sidewalk, private way laid out under authority of statute, way dedicated to public use, or way upon which the public has a right of access or has access as invitees or licensees. SOURCE: M.P.C. § 250.7; Cal. § 1225(a)(3) (1971); *Mass. ch. 269, § 7; N.J. § 2C:33-8. Amended by P.L. 28-28:4.
COMMENT: This is a new Section to Guam and sorely needed. This Section would make criminal the act of blocking what is defined by Subsection (b) as the Apublic way@. For the first time, police would be permitted to take action when some landowner unreasonably blocks a road which has been regarded as, and can be defined as a Apublic way@. Heretofore, the police have been powerless in such cases, and have been required to leave the matter up to the village commissioner, or other civil remedy.