Chapter 9.30
TRESPASSING

Sections:

9.30.010    Trespass upon private property prohibited – Exceptions.

9.30.020    Trespass on City property – When prohibited.

9.30.030    Storage of personal property on City property prohibited.

9.30.040    Removal of personal property from City property.

9.30.010 Trespass upon private property prohibited – Exceptions.

(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/herself therefrom.

(b) No person, without express permission 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.

(c) No person, without the express permission of the owner or lessee, or other person in charge of private property or business premises, shall enter or remain upon such business, commercial premises, or other private property if said premises or property is conspicuously posted with signs forbidding trespass at each door, driveway, gate, or other entrance to said premises or property; said signs shall be at least two feet in length by eighteen (18) inches in width, and said signs shall state in letters at least two inches in height: “No Trespassing – SCCC 9.30.010.”

(d) The provisions of this section shall not apply in any of the following instances:

(1) When its application results in, or is coupled with, any act prohibited by the Unruh Civil Rights Act (California Civil Code Section 51 et seq.), or any other provision of law relating to prohibited discrimination against any person including, but not limited to, color, race, religious creed, sexual orientation, age, ancestry, or national origin;

(2) 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 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, any other exercise of the constitutionally protected right of freedom of speech, such as, but not limited to, peaceful expressions of political or religious opinion; or

(5) When such person is upon another’s private property or business premises under claim of color or 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: marital and post-marital 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 the present pursuant to order, decree, or process of a court.

(e) 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.

(f) For purposes of this section, “person in charge” includes peace officers of the City of Santa Clara if written authorization to enforce said section has been previously obtained from the owner, owner’s agent or person in lawful possession of the property in question. (Ord. 1469 § 1, 4-12-83; Ord. 1624 § 1, 5-14-91; Ord. 1823 § 1, 9-11-07. Formerly § 18-93).

9.30.020 Trespass on City property – When prohibited.

(a) No person shall willfully enter or remain upon any property owned or controlled by the City of Santa Clara after having been ordered not to enter or remain on such property, either by posting of the premises or upon order of authorized City personnel, including the City Manager, any department director, or any peace officer employed by the City of Santa Clara.

(b) Any order to not enter or remain on City property may be limited to certain times (e.g., days or hours), and certain uses (e.g., no swimming or alcohol use) as the City Manager, department director, or peace officer shall find reasonably necessary for the conduct of City business and affairs, for the protection or preservation of the public peace, health and safety, or to avoid personal injury or property damage. (Ord. 1469 § 1, 4-12-83; Ord. 1823 § 2, 9-11-07. Formerly § 18-94).

9.30.030 Storage of personal property on City property prohibited.

(a) Except as otherwise permitted by City Code or other applicable law, or authorized in writing by the City of Santa Clara, no person shall store, stage, or maintain personal property or unattended property upon any City-owned property.

(b) “Unattended property” refers to any personal property which appears to have been abandoned, discarded, or disregarded by its owner, or property which has been left unattended for an unreasonable amount of time. An “unreasonable” amount of time may be any amount of time; however, any property left unattended for twelve (12) hours or more shall be considered unattended per se. (Ord. 2013 § 1, 4-7-20).

9.30.040 Removal of personal property from City property.

(a) Owners of personal property or unattended property that is subject to the provisions of SCCC 9.30.030 shall remove such property immediately upon receiving instructions from the City Manager, or his/her designee. If, after request by the City, such owner fails to remove the subject property, the City may act to remove such property, as set forth herein.

(b) Unattended property that creates any immediate risk of danger to the health, safety and welfare of the public may be removed and disposed of by the City without further process.

(c) In the event the City seeks to remove personal property or unattended property (that does not create an immediate risk of danger to the health, safety and welfare of the public) from public lands, the City shall conspicuously post notices at the subject area at least seventy-two (72) hours (“notice period”) before the property is removed.

(d) The personal property or unattended property in subsection (c) of this section shall be removed and stored by the City Manager, or his/her designee, in a manner consistent with applicable local, State and Federal law. Following removal of any unattended property, owner(s) shall have ninety (90) days to recover such property, after which time the City may destroy or otherwise dispose of the property. (Ord. 2013 § 1, 4-7-20).