CHAPTER 5.7.3
TRESPASS ON PRIVATE PROPERTY
Sections:
5.7.3.01 Trespass when posted.
5.7.3.02 Trespass when asked to leave.
5.7.3.03 Trespass of specified individuals: Entry requiring express consent of owner.
5.7.3.04 Private property defined.
5.7.3.05 Peace officer assistance.
5.7.3.01 Trespass when posted.
No person shall enter or be present upon any private property or portion of private property not open to the general public without the consent of the owner, the owner’s agent, or the person in lawful possession, where signs forbidding entry are displayed as follows:
One sign must be printed or posted in a conspicuous manner at every walkway and driveway entering any enclosed property or portion thereof and at a minimum of every fifty feet (50') along the boundary of any unenclosed lot. This requirement is met if at least one sign is conspicuously printed or 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 state:
THIS PROPERTY CLOSED TO THE PUBLIC
No Entry Without Permission
CMC. SEC. 5.7.3.01
The language “THIS PROPERTY CLOSED TO THE PUBLIC No Entry Without Permission” on said sign shall be at least two (2) inches high. (§ 5, Ord. 10-21, eff. February 9, 2011)
5.7.3.02 Trespass when asked to leave.
(a) No person shall enter upon any private property or portion of private property, not open to the general public, who within the immediately preceding six (6) months was advised as follows: to leave and not return, and that if he or she returns to the property within six months of the advisement he or she will be subject to arrest. This advisement must be made by the owner, the owner’s agent, the person in lawful possession or a peace officer at the request of the owner, owner’s agent or person in lawful possession. The advisement shall be documented in writing by the individual making it and shall include the name of the person advised, the date, approximate time, address and type of property involved. Such documentation shall be retained for a minimum period of one year. This section is not violated if a person so advised enters the property within the designated six (6) month period, if he or she has been expressly authorized to do so by the owner, the owner’s agent or a person in lawful possession.
(b) 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 twenty-four (24) hours was advised to leave and not return, and that if he or she returns to the property within twenty-four (24) hours of the advisement, he or she will be subject to arrest. This advisement must be made by the owner, the owner’s agent, the person in lawful possession or a peace officer at the request of the owner, owner’s agent or the person in lawful possession. A request to leave may be made only if it is rationally related to the services performed or the facilities provided. (§ 5, Ord. 10-21, eff. February 9, 2011)
5.7.3.03 Trespass of specified individuals: 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 a violent act, on that same private property not open to the general public, whether or not such property is posted in accordance with Section 5.7.3.01; 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 (6) 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 twelve (12) months, computed from the date of the request. (§ 5, Ord. 10-21, eff. February 9, 2011)
5.7.3.04 Private property defined.
The term “private property” as used in this chapter shall mean any real property, including but not limited to buildings, structures, yards, open spaces, walkways, courtyards, driveways, carports, parking areas and vacant lots, except land which is used exclusively for agricultural purposes, owned by any person or legal entity other than property owned or lawfully possessed by any governmental entity or agency. (§ 5, Ord. 10-21, eff. February 9, 2011)
5.7.3.05 Peace officer assistance.
When a peace officer’s assistance in dealing with a trespass is requested, the owner, owner’s agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion. However, a single request for a peace officer’s assistance may be made to cover a limited period of time not to exceed twelve (12) months when such request is made in writing and provides the specific dates of the authorization period. (§ 5, Ord. 10-21, eff. February 9, 2011)
5.7.3.06 Exceptions.
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; or
(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. (§ 5, Ord. 10-21, eff. February 9, 2011)
5.7.3.07 Penalties.
Any person who violates a provision of this chapter is guilty of a misdemeanor subject to the penalties set forth in Section 1.2.01. Minors shall be dealt with in accordance with the California Welfare and Institutions Code and in accordance with any policies and procedures established by the City for handling juvenile cases. (§ 5, Ord. 10-21, eff. February 9, 2011)
5.7.3.08 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The City Council of the City of Clovis hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. (§ 5, Ord. 10-21, eff. February 9, 2011)