Chapter 8.28
TRESPASS
Sections:
8.28.020 Trespass upon private property prohibited.
8.28.040 Violations and penalties.
8.28.010 Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
“Expressive activity policy” means a written policy of a shopping center owner that establishes regulations for the time, place, and manner of expressive activity on private property.
“Posted property” means any property at each corner of which, and at each entrance to which, a sign is posted three feet above the normal ground level, and said sign is composed of wood, metal or other equally substantial material, the face of which is not less than one square foot in area, and upon which, in legible letters not less than two inches in height in black against a white background, appear the words “PRIVATE PROPERTY—NO TRESPASS.” In addition, the sign may contain such other words as may be desired, indicating that trespassers are subject to prosecution. Where the area of such property exceeds one acre, the notice shall also be posted at intervals of not more than 300 feet along or near the boundaries thereof. [Ord. 2015-173 § 2].
8.28.020 Trespass upon private property prohibited.
A. No person shall remain upon any private property not open to the public or upon business premises, after being requested to leave by the owner, owner’s agent, lessee, person in lawful possession, or by a peace officer acting at the request of the owner, owner’s agent, lessee or person in lawful possession, and upon being informed by the peace officer that he or she is acting at the request of the owner, owner’s agent, lessee or person in lawful possession.
1. The owner, owner’s agent, lessee or person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested; or
2. A single written request for a peace officer’s assistance may be made (a) to cover a limited period of time not to exceed 30 days and identified by specific dates during which there is a fire hazard or the owner, owner’s agent, lessee or person in lawful possession is absent from the property or business premises, or (b) for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. The request for assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.
B. No person shall enter upon business premises for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of the land, the owner’s agent, or by the person in lawful possession.
C. No person shall enter or remain upon posted private property without the permission, expressed or implied, of the owner, owner’s agent, lessee or person in lawful possession of such posted property or premises. [Ord. 2015-173 § 2].
8.28.030 Exceptions.
A. Exceptions. The provisions of AVMC 8.28.020 shall not apply in any of the following instances:
1. When 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 on account of sex, race, color, religion, creed, ancestry, national origin, disability, medical condition, marital status, or sexual orientation;
2. When its application results in or is coupled with an act prohibited by California Penal Code Section 365 or any other provision of law relating to duties of innkeepers and common carriers;
3. When its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;
4. When its application would result in an interference with or inhibition of activities protected by the California or United States constitutions, including, but not limited to, free speech and freedom of assembly rights, if any;
5. When the person who is upon another’s property is there pursuant to the property owner’s expressive activity policy;
6. When the person who is upon another’s private property or business premises is there under claim or color of legal right and is not loitering or otherwise suspected of violating any law or ordinance. This exception is applicable, but not limited to, the following situations involving disputes wherein the participants have available to them practical and effective civil remedies: marital and postmarital disputes, child custody or visitation disputes, disputes regarding title to or rights in real property, landlord-tenant disputes, disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute, employer-employee disputes, business-type disputes such as those between partners, debtor-creditor disputes, and instances wherein the person claims rights to be present pursuant to order, decree or process of a court. [Ord. 2015-173 § 2].
8.28.040 Violations and penalties.
A violation of this chapter shall be punishable as a misdemeanor pursuant to Chapter 1.06 AVMC. [Ord. 2015-173 § 2].