9.35.010 Trespass on private property.
A. 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 provided in subsection E.
B. 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 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 owners, 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. This subsection is not violated if a person so advised enters the property within the designated six-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.
C. 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 hours was advised to leave and not return, and that if he or she returns to the property within twenty four 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.
D. The term “private property” 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.
E. For purposes of subsection A, 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 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 as follows:
THIS PROPERTY CLOSED TO THE PUBLIC
No Entry Without Permission
B.M.C. Section 9.35.010
The language “THIS PROPERTY CLOSED TO THE PUBLIC No Entry Without Permission” on said sign shall be at least two inches high.
F. 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 months when such request is made in writing and provides the specific dates of the authorization period.
G. 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, or any other provision of law relating to prohibited discrimination against any person;
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 the duties of innkeepers;
3. When public officers or employees are acting within the course and scope of their employment or in the performance of their official duties; or
4. 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.
H. Violation of any of the provisions of this section shall be a misdemeanor.
I. If any part or provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of the section, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this section are severable. (Ord. 3792 § 1, 1997)