Sec. 22-25.5. Trespass upon Private Lands and Business Premises; Unwelcome.
a.No person shall enter or remain upon private property or business premises after having been informed, orally or in writing, by the owner, the owner’s agent, or the person in lawful possession of the property, or any police officer or City official acting at the request of the owner, the owner’s agent, or the person in lawful possession of the property, to remove himself or herself therefrom. The posting of signs indicating the property is private or stating “no trespassing” shall be sufficient warning that the property is private and not open to public use, occupation, or entry, or the receipt of a written request to exclude persons from entering or remaining upon the property from the property owner, owner’s agent, or the person in lawful possession of the property by the City shall be sufficient to enable enforcement of this provision for a period not exceeding twelve (12) months. The requestor shall inform the City when the assistance is no longer desired, before the period not exceeding twelve (12) months expires. The request for assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.
b.It shall be unlawful for any person excluded from private property or business premises pursuant to subsection (a) of this section to reenter the subject premises within ninety (90) days after having been requested to remove himself or herself therefrom.
c.The foregoing notwithstanding, this section shall not apply in the following instances:
1.Where persons are lawfully on quasi-public property who are engaging in activities protected by the California or United States Constitution, unless such persons are interfering with or blocking ingress or egress to any premises on the property or are acting in a manner that is unsafe or disruptive to the quiet enjoyment of the property by its owner;
2.Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Acts 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;
3.Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code;
4.Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;
5.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 to (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 visitation disputes; disputes regarding title to rights in real property; landlord-tenant disputes; disputes between persons residing together 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 be present pursuant to order, decree, or process of a court. (Ord. 3521 § 2, 2015)