Chapter 10
TRESPASSING*
Sections:
5-10.01 Remaining upon private or business property after a request to leave.
5-10.04 Trespassing on public facilities.
5-10.05 Violations: Penalties: Infractions.
5-10.06 Subsequent offenses within 48 hours.
* Chapter 10 entitled “Exhibitions, Shows, and Entertainments”, consisting of Sections 5-10.01 through 5-10.06, codified from Ordinance Nos. 229 N.C.S. and 355 N.C.S., repealed by Ordinance No. 671-85 C-M, effective June 27, 1985.
5-10.01 Remaining upon private or business property after a request to leave.
(a) It shall be unlawful for any person to wilfully remain upon any private property or business premises, whether indoors or outdoors, after being notified by the owner, lessee, or other person in charge thereof to leave.
(b) It shall be unlawful for any person, without permission, express or implied, of the owner, lessee, or other person in charge of private property or business premises, to enter upon such private property or business premises after having been notified by the owner, lessee, or other person in charge thereof to keep off or to keep away therefrom.
(§ 1, Ord. 781-88 C-M, eff. July 14, 1988)
5-10.02 Notification.
The notification referred to in Section 5-10.01 of this chapter may be given orally or in the form of a written notice posted in any conspicuous place. In either case, the notice shall identify the prohibited area and the time period, if limited, during which such prohibition remains in effect.
(§ 1, Ord. 781-88 C-M, eff. July 14, 1988)
5-10.03 Exceptions.
Section 5-10.01 of this chapter shall not apply in any of the following circumstances:
(a) Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person;
(b) Where its application results in or is coupled with an act prohibited by Section 365 of the Penal Code of the State or any other provision of law relating to duties of innkeepers and common carriers; or
(c) Where its application would result in an interference with, or an inhibition of, any exercise of a constitutionally protected right of freedom of speech or assembly.
(§ 1, Ord. 781-88 C-M, eff. July 14, 1988)
5-10.04 Trespassing on public facilities.
It shall be unlawful for any person to enter or remain on or in a public transit facility (including, without limitation, a Metro Center, Transfer Center, or other passenger boarding or deboarding facility, or a bus owned or operated by the Santa Cruz Metropolitan Transit District) after having been notified by the owner, operator, or other person in charge thereof that consent for such person to enter or remain on or in such facility has been withdrawn. Such notification that the owner, operator, or other person in charge has issued a Withdrawal of Consent for a person to enter or remain on or in a public transit facility shall be given in writing. Such Withdrawal of Consent shall specify the period of time (not to exceed fourteen (14) consecutive days) and the particular public transit facilities from which the person to whom the notice is given (recipient) shall keep away. Such notice shall also contain a statement informing the recipient that he may appeal the issuance of the Withdrawal of Consent to the issuing person’s superior (Hearing Officer). The Withdrawal of Consent shall be stayed pending the conduct of an informal due process hearing on the appeal, unless the Hearing Officer determines that the presence of the recipient will cause a substantial and material threat (1) to the orderly operation of the public transit facility; or (2) of significant injury to persons or property. A Withdrawal of Consent may be issued only to a person who has (within the issuing person’s presence) violated duly adopted written rules or regulations applicable to a public transit facility in a manner proscribed by statute or ordinance.
(§ 1, Ord. 781-88 C-M, eff. July 14, 1988)
5-10.05 Violations: Penalties: Infractions.
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be punishable as provided in Chapter 2 of Title 1 of this Code.
(§ 1, Ord. 781-88 C-M, eff. July 14, 1988)
5-10.06 Subsequent offenses within 48 hours.
Notwithstanding the provisions of Section 1-2.01 of Chapter 2 of Title 1 of this Code, any person who violates the provisions of this chapter, and who is cited for such violation, and who, within forty-eight (48) hours after receiving such citation, again violates the provisions of this chapter and is cited for such violation shall be charged and punished for a misdemeanor.
(§ 1, Ord. 781-88 C-M, eff. July 14, 1988)