Chapter 9.44
TRESPASS ON PRIVATE PROPERTY

Sections:

9.44.010    Purpose and findings.

9.44.020    Definitions.

9.44.030    Trespass on private property.

9.44.040    Entry requiring express consent of owner.

9.44.050    Advice to leave private property open to the general public.

9.44.060    Peace Officer assistance.

9.44.070    Exceptions.

9.44.080    Severability.

9.44.090    Violations.

9.44.010 Purpose and findings.

The City Council finds and determines as follows:

(A) Individuals who have no legitimate business to transact on private property, such as drug sellers, loiterers and gang members, frequently congregate on or around apartment buildings, shopping centers, mini-malls and other property, and intimidate residents and customers.

(B) State statutes do not provide adequate procedures for property owners to exclude these individuals from their property or, once excluded, to prevent their continuous reentry.

(C) Guests and visitors of law-abiding tenants sometimes engage in unlawful activity on the premises of such law-abiding tenants, thereby subjecting the property owner to potential civil penalties under state and federal law.

(D) Unlawful detainer proceedings aimed at evicting tenants whose guests and visitors are engaging in unlawful activities are often not an effective remedy.

(E) The regulations set forth herein represent a fair balancing of the interests of the property owner and the tenant by excluding from the subject property a person convicted of committing a specified illegal act on such property. (Ord. 1019 § 1, 1993)

9.44.020 Definitions.

For the purpose of this chapter, the following term shall be defined as follows:

“Private property” means any real property, including, but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, driveways, carports, parking areas and vacant lots (excluding land which is used exclusively for agricultural purposes), owned by any person or legal entity, but excluding property which is owned or lawfully possessed by any governmental entity or agency. (Ord. 1019 § 1, 1993)

9.44.030 Trespass on private property.

(A) No person shall enter or be present upon any private property, or any portion thereof, which is not open to the general public, without the consent of the owner, the owner’s agent, or a person in lawful possession, where signs forbidding entry are displayed as provided in subsection (B) of this section.

(B) For purposes of subsection (A) of this section, one printed sign shall be posted in a conspicuous manner at every walkway and driveway entering any enclosed private property or portion thereof, and at a minimum of every 50 feet along the boundary of any unenclosed lot. This requirement is met if at least one printed sign is conspicuously posted on the outside of every structure on such property, so as to be readable from each walkway and driveway entering such property. The sign shall contain the following language which shall be printed in letters not less than two inches high:

THIS PROPERTY CLOSED TO THE PUBLIC
No Entry Without Permission
P.M.C. SEC. 9.44.030

(C) No person shall enter upon any private property, or any portion of private property, not open to the general public, who, within the immediately preceding six months, was given an advisory notice as follows: to leave and not return, and that if such person returns to the property within six months of the advisory notice he or she will be subject to arrest. This advisory notice must be made by the owner, the owner’s agent, a person in lawful possession, or a Peace Officer at the request of the owner, the owner’s agent or a person in lawful possession. The advisory notice shall be documented in writing by the individual making it and shall include the name of the person advised, the date, the approximate time, the address and the type of property involved. Such documentation shall be retained for a minimum period of one year. This subsection is not violated where a person so advised enters the property within the designated six-month period, and such person has been expressly authorized to do so by the owner, the owner’s agent, or a person in lawful possession. (Ord. 1019 § 1, 1993)

9.44.040 Entry requiring express consent of owner.

(A) No person shall enter or be present upon private property not open to the general public without the express consent of the owner or the owner’s agent when that person:

(1) Has been convicted of any violation of the law involving narcotics, prostitution, vandalism, weapons, disturbance of the peace, loitering, threat to commit a violent act, or the commission of a violent act, on that same private property not open to the general public, whether or not such property is posted in accordance with PMC 9.44.030(B); and

(2) Has, subsequent to the conviction, been told to leave and not return to that same property, by the owner, the owner’s agent, or a Peace Officer at the request of the owner or the owner’s agent.

(B) The request to leave must be made within six months of the date of the conviction and shall be documented in writing by the individual making the request. The documentation of the request shall include the name of the person being requested to leave, the date, the approximate time, the address, and the type of property involved.

(C) This section applies even if the person has the consent of a person in lawful possession, but does not apply to persons who have a right of lawful possession to the subject property. An individual who has the consent of the person in lawful possession may not be refused entry by the owner or the owner’s agent for a period exceeding 12 months, computed from the date of the request. (Ord. 1019 § 1, 1993)

9.44.050 Advice to leave private property open to the general public.

No person shall enter or be present upon any private property or portion of private property open to the general public who, within the immediately preceding 24 hours, was advised to leave and not return, and that if such person returns to the property within 24 hours of the advisory notice he or she will be subject to arrest. This advisory notice must be given by the owner, the owner’s agent, a person in lawful possession, or a Peace Officer at the request of the owner, the owner’s agent, or a person in lawful possession. A request to leave may be made only if such request is rationally related to the services performed or the facilities provided for the general public. (Ord. 1019 § 1, 1993)

9.44.060 Peace Officer assistance.

When a Peace Officer’s assistance in dealing with a trespass is requested, the owner, the owner’s agent, or a person in lawful possession shall make a separate request to the Peace Officer on each occasion; provided, however, that a single request for a Peace Officer’s assistance may be made to cover a limited period of time not to exceed 12 months when such request is made in writing and sets forth the specific dates of the authorization period. (Ord. 1019 § 1, 1993)

9.44.070 Exceptions.

The provisions of this chapter shall not apply in any of the following instances:

(A) When its application results in, or is coupled with, any act prohibited by the Unruh Civil Rights Act, or any other provision of law relating to prohibited discrimination against any person;

(B) When its application results in, or is coupled with, an act prohibited by Section 365 of the California Penal Code, or any other provision of law relating to the duties of innkeepers;

(C) When public officers or employees are acting within the course and scope of their employment or in the performance of their official duties;

(D) When persons are engaging in activities protected by the United States Constitution or the California Constitution, or when persons are engaging in acts which are expressly required or permitted by any provision of law. (Ord. 1019 § 1, 1993)

9.44.080 Severability.

If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of the chapter are severable. (Ord. 1019 § 1, 1993)

9.44.090 Violations.

The violation of any of the provisions of this chapter shall be a misdemeanor or an infraction and shall be punishable as provided for in Chapter 1.12 PMC. (Ord. 1019 § 1, 1993)