Chapter 9.10
TRESPASSING ON BUSINESS PROPERTY
Sections:
9.10.010 Remaining on business property after a request to leave.
9.10.025 Penalty – Infraction.
9.10.030 Subsequent offense within forty-eight hours.
9.10.010 Remaining on business property after a request to leave.
A. No person shall willfully remain upon any business premises, whether indoors or outdoors, after being notified by the owner, lessee, or other person in charge thereof to leave.
B. No person, without permission, express or implied, of the owner, lessee, or other person in charge of business premises, shall enter upon such premises after having been notified by the owner, lessee, or other person in charge thereof to keep off or to keep away therefrom.
C. The notification referred to in subsections A and B of this section 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. (Ord. 925 § 1, 2007)
9.10.015 Exceptions.
Section 9.10.010 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 California Penal Code 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. (Ord. 925 § 1, 2007)
9.10.020 Trespass letters.
Six-month trespass letters filed with the Capitola police department pursuant to California Penal Code Section 602(n) requesting peace officer assistance to remove trespassers from premises on property when closed to the public shall be deemed renewed for a single additional six-month period unless the property owner who filed the trespass letter, or the property owner’s successor in interest, requests that there be no such automatic renewal. No such trespass letter filed pursuant to California Penal Code Section 602(n) shall be effective for more than one year. (Ord. 925 § 1, 2007)
9.10.025 Penalty – Infraction.
Any person who violates Section 9.10.010 is guilty of an infraction. (Ord. 925 § 1, 2007)
9.10.030 Subsequent offense within forty-eight hours.
Any person who violates Section 9.10.010 and who is cited for such a violation, and who within forty-eight hours after receiving such citation again violates Section 9.10.010 is guilty of a misdemeanor. (Ord. 925 § 1, 2007)