Chapter 9.20
TRESPASSING

Sections:

9.20.010    Definitions.

9.20.020    Trespass.

9.20.030    Violation—Penalty.

9.20.040    Separate violations.

9.20.050    Constitutionality.

9.20.060    Attempt.

9.20.010 Definitions.

As used in this chapter:

“Enter or remain unlawfully” means to enter or remain in or upon real property or a building when the property, at the time of such entry or remaining, is not open to the public or when the entrant is not otherwise licensed or privileged to do so.

“Open to the public” means property which by its physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.

“Person” means every natural person, firm, partnership, association or corporation.

“Property” means any building or real property, whether private or publicly owned.

“Trespass” means to knowingly enter or remain unlawfully in or upon real property or a building that is owned by another person when such real property is immediately adjacent and contiguous to residential real property, or enclosed by a fence, or under cultivation, or posted with signs forbidding trespass, displayed at intervals of not less than three to the mile, along all exterior boundaries and at all roads and trails entering the private land, when he or she is not then licensed, invited, or otherwise privileged to do so. (Ord. 668 § 1, 2005)

9.20.020 Trespass.

No person shall trespass upon any real property or a building belonging to another person:

A. A person is guilty of criminal trespass if he or she knowingly enters or remains in or upon the real property of another when he or she is not then licensed, invited, or otherwise privileged to so enter or remain.

B. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enter or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.

C. In any prosecution under subsection A of this section, it is an affirmative defense that:

1. A building involved was abandoned;

2. The person cited under this section was a public officer or employee acting within the course and scope of his/her employment in performance of a duty imposed by law; or

3. The person or persons were engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law for any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution. (Ord. 668 § 2, 2005)

9.20.030 Violation—Penalty.

Any person violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction(s) thereof shall be punished by a fine of not more than five hundred dollars, or imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. (Ord. 668 § 3, 2005)

9.20.040 Separate violations.

Each violation of a provision of this chapter shall constitute a separate offense. (Ord. 668 § 4, 2005)

9.20.050 Constitutionality.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The board of supervisors hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. 668 § 5, 2005)

9.20.060 Attempt.

Any person who shall attempt to commit the offense mentioned in this chapter, but who for any reason is prevented from consummating such act, shall be deemed guilty of such offense. (Ord. 668 § 6, 2005)