Chapter 9.08 TRESPASSING

Chapter 9.08
TRESPASSING

Sections:

9.08.010 Trespass on private property prohibited.

A. No person shall remain upon any private property or business premises after being notified by the owner or lessee or other person in charge thereof to remove himself therefrom.

B. No person, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises, shall enter upon such private property or business premises after having been notified by the owner or lessee or other person in charge thereof to keep off or keep away therefrom. (Ord. 80-13 § 1 (part): prior code § 10904)

9.08.015 No soliciting--Sign placement.

No person shall enter upon or remain upon any private property or business premises where a “No Soliciting,” “No Solicitation,” “No Trespassing,” or other similar sign is affixed at the entrance to the property or upon the door or other entrance to a building. (Ord. 90-23 § 2)

9.08.020 Exception--Generally.

Sections 9.08.010 and 9.08.015 shall not apply in any of the following instances:

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 on account of color, race, religion, creed, ancestry or national origin;

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;

C. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

D. Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as, but not limited to, peaceful expressions of political or religious opinions, not involving offensive personal conduct. (Ord. 90-23 § 3: Ord. 80-13 § 1 (part): prior code § 10905)

9.08.030 Exception--Claim of right.

Sections 9.08.010 and 9.08.015 shall not apply where the person who is upon another’s private property or business premises is there under claim or color of legal right. This exception is applicable, but not limited to, the following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies:

A. Marital and post-marital disputes;

B. Child custody or visitation disputes;

C. Disputes regarding title to or rights in real property;

D. Landlord-tenant disputes;

E. Disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute;

F. Employer-employee disputes;

G. Business-type disputes such as those between partners;

H. Debtor-creditor disputes; and

I. Instances wherein the person claims rights to be present pursuant to order, decree or process of a court. (Ord. 90-23 § 4: Ord. 80-13 § 1 (part): prior code § 10906)

9.08.040 Violation.

Violation of any of the provisions of this Chapter shall be a misdemeanor, punishable pursuant to section 21.01.050. (Ord. 2006-07, Amended, 06/06/2006; Ord. 92-04 § 20: Ord. 90-23 § 5: Ord. 80-13 § 1 (part))