Chapter 9.58
TRESPASS ON CITY PROPERTY
Sections:
9.58.030 Unlawful conduct on City property.
9.58.040 Authority to issue trespass notice – Service and content.
9.58.050 Violation – Trespass.
9.58.070 Rules and procedures.
9.58.010 Purpose.
The purpose of this chapter is to protect, preserve and promote the public health, safety, and welfare of City of Lake Elsinore residents and visitors and to protect City property and the use and enjoyment thereof by adopting a process to exclude from City property individuals who have been found to violate laws of the United States, the State of California, or any City ordinance, resolution, policy, rule, or regulation on such City property. [Ord. 1484 § 1, 2023].
9.58.020 City property.
For purposes of this chapter, “City property” means all or any part of a building, public park, playground, recreation facility, open space, trail, or any other property owned, operated, or maintained by the City or any other public agency formed by the City. [Ord. 1484 § 1, 2023].
9.58.030 Unlawful conduct on City property.
A. No person shall remain upon any City property after having been found to have violated any laws of the United States, the State of California, or any City ordinance, resolution, policy, rule, or regulation on such City property where that person has been given a notice by authorized City personnel or a police officer to cease the violation, and where that person continues the violation and has been asked to leave the City property.
B. Any person who has been found by authorized City personnel or a police officer to have violated any laws of the United States, the State of California, or any City ordinance, resolution, policy, rule, or regulation on City property may be banned from such City property by authorized City personnel or a police officer by issuance of a trespass notice pursuant to LEMC 9.58.040; provided, that the violation occurred on, and in any manner relates to, the City property from which the person has been banned.
C. No person shall enter or remain upon any City property after having been banned therefrom for the duration specified on the trespass notice. [Ord. 1484 § 1, 2023].
9.58.040 Authority to issue trespass notice – Service and content.
A. Authorized City personnel and police officers are authorized to issue a trespass notice to any individual who, pursuant to LEMC 9.58.030 or a court of law, has been found to have violated any laws of the United States, the State of California, or any City ordinance, State statute, or government rule or regulation while such individual is on or within any City property.
B. Trespass notices may be delivered in person to the individual or by first class mail to the individual at the individual’s last known address.
C. The trespass notice shall be in writing, shall contain the date of issuance, shall describe the behavior that is the basis for the trespass notice, shall state a specific location from which the individual shall be banned and state a time period, not exceeding one year, that the ban will be in effect, shall be signed by the issuing City personnel or police officer, and shall state the consequences for failure to comply. The individual need not be charged, tried, or convicted of any crime or infraction for the trespass notice to be issued or be effective. [Ord. 1484 § 1, 2023].
9.58.050 Violation – Trespass.
A. Any person who is found on City property in violation of a trespass notice shall be guilty of a trespass on City property.
B. Any violation of this chapter shall be subject to the penalties under Chapter 1.16 LEMC, which are intended to be cumulative and may be enforced by the City in addition to, or in lieu of, each other.
C. Any violation of this chapter shall constitute a public nuisance, subject to abatement by any means authorized by law, including, but not limited to, injunctive relief. [Ord. 1484 § 1, 2023].
9.58.060 Exceptions.
This chapter shall not apply in the following circumstances:
A. Where its application results in or is coupled with any acts 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, sexual orientation, creed, ancestry or national origin;
B. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;
C. Where its application would result in an interference with or inhibition of any other exercise of a statutory or constitutional right; or
D. Where it is necessary for the person to enter City-owned or City-controlled property from which that person has been banned in order to conduct City business but only for as long as necessary to conduct said City business. [Ord. 1484 § 1, 2023].
9.58.070 Rules and procedures.
The City Manager is authorized to adopt rules and procedures consistent with this chapter. [Ord. 1484 § 1, 2023].