Bakersfield Municipal Code Ch. 9.34 Trespass

Sections:

1. Onto Defense Plants, Etc.

9.34.010 Declaration of policy. 9.34.020 “No trespassing” signs—Requirements for boundary posting. 9.34.030 Places which may be posted. 9.34.040 Written consent required to enter upon posted premises. 9.34.050 Possessing harmful tools or devices in area of posted property. 9.34.060 Exceptions to Sections 9.34.010 through 9.34.080.

9.34.070 Defacing or destroying posted signs. 9.34.080 Violation of Sections 9.34.010 through 9.34.070—Penalty.

2. On Roofs

9.34.090 Unlawful to climb upon exterior of building without permission.

3. Upon Privately Operated Business Premises

9.34.110 Unlawful to refuse or fail to leave property upon request of owner. 9.34.120 Unlawful to enter premises without consent after requested to leave. 9.34.130 Exceptions.

4. In or About City Facilities

9.34.150 Unlawful to be in or about city facilities when closed.

1. Onto Defense Plants, Etc.

Public safety is declared to require that the uninterrupted operation of certain industries essential to national defense, such as the aircraft manufacturing industry, and of companies or agencies supplying water, gas, electric and other essential services, be protected by preventing the intrusion upon the properties thereof of idle, curious or malicious persons and of persons whose presence thereon is not necessary, and by prohibiting the loitering about such places by persons capable of inflicting harm or of impeding the operation conducted thereon. (Prior code § 10.45.010)

A. Any person, firm, corporation, governmental agency, department or instrumentality having possession or control, of any of the facilities, plants or utility properties enumerated in Section 9.34.030, may post, at each entrance to any structure devoted to any use so enumerated, at each entrance to any fenced or enclosed area devoted to any such use, and at intervals of not more than three hundred feet around any area devoted to such use, substantial signs not less than one square foot in area, displaying prominently in addition to such other information as may be deemed desirable, the words, “TRESPASSING—LOITERING—FORBIDDEN BY LAW,” in legible letters not less than two inches in height; provided, however, that any public waiting room, dining room, office or other portion of any such structure or premises to which general public access is required in the normal use and operation thereof, or where materials are delivered to or received by the public, shall not be so posted.

B. The “posted boundary” of any area shall be a line running from sign to sign, and such line need not conform to the legal boundary or legal description of any lot, parcel or acreage of land. (Prior code § 10.45.020)

The places which may be so posted are the following:

A. Every airport, and every plant, field and structure used for the manufacture, assembling or testing of aircraft;

B. Every tank-farm, refinery, compressor plant or absorption plant, marine terminal, pipeline pumping station and reservoir, used for the bulk treatment, bulk handling or bulk storage of petroleum or petroleum products;

C. Every reservoir, dam, pumping station, aqueduct, main canal or pipeline, of a public water system;

D. Every reservoir, dam, generating plant, receiving station, distributing station and transmission line of a company or agency furnishing electrical energy;

E. Every gas generating plant, compressor plant, gasholder, gas tank, and gas main, used for the production, storage and distribution of gas;

F. Every plant or vital part thereof or other principal property essential to rendering telephone or telegraph service;

G. Every radio broadcasting central plant or station;

H. Every railroad bridge or tunnel;

I. Every plant for the bulk storage of dynamite, giant powder, gunpowder or other explosive;

J. Every warehouse where cotton, grain or other agricultural products are stored;

K. Every fire department. (Prior code § 10.45.030)

When any such premises is posted as provided in Sections 9.34.010 through 9.34.080, it is unlawful for any person to go upon or to remain upon any place within the posted boundary of any such premises, or to enter or to remain in any such posted structure, without having upon his or her person the express written consent of the person, firm, corporation, department or agency lawfully in possession or control thereof. (Prior code § 10.45.040)

It is unlawful for any person to loiter in the immediate vicinity of any premises posted as provided in this chapter while having in his or her possession any explosive, tool, or device, of whatever character capable of doing harm or damage to any structure, machinery, equipment or other property of a similar or dissimilar character, installed or located upon such posted premises or area. (Prior code § 10.45.050)

Sections 9.34.010 through 9.34.080 do not apply to any entry in the course of duty of any peace officer nor to any person traversing an established and existing public sidewalk, street or highway. (Prior code § 10.45.060)

Every person who tears down, defaces or destroys, or causes to be torn down, defaced or destroyed, any sign placed or posted under the provisions of this chapter, without the consent of the person, firm, corporation, governmental agency, department or instrumentality having possession or control of the premises on which such sign has been erected, is guilty of a misdemeanor. (Prior code § 10.45.070)

Every person, as principal, agent or otherwise, violating any of the provisions of Sections 9.34.010 through 9.34.070 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail not exceeding six months, or by both such fine or imprisonment. (Prior code § 10.45.080)

2. On Roofs

It is unlawful for any person or persons to climb upon, enter, or be upon any roof, windowsill or exterior portion of any building within the city, which roof, windowsill or exterior portion of a building is not designed and intended for the use and accommodation of the public, without the permission or consent of the owner, agent or occupant of said building. (Prior code § 10.46.010)

3. Upon Privately Operated Business Premises

owner.

A. No person shall have the right to use privately operated business premises which are open to the general public for any purpose which is contrary to the functions or services provided thereon without the consent of the owner, operator or agent thereof.

B. It is unlawful for any person so using such property to refuse or fail to leave such property upon being requested to leave by the owner, operator or agent thereof. (Prior code § 10.47.010)

leave.

It is unlawful for any person without the permission of the owner, operator or agent of privately operated business premises which are open to the general public to enter such premises within forty-eight hours after having been requested by the owner, operator or agent thereof to leave therefrom pursuant to the provisions of Section 9.34.110. (Prior code § 10.47.020)

The provisions of this chapter shall not apply in any of the following instances:

A. Where their application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provisions of law relating to prohibited discrimination against any person on account of color, race, religion, sex, creed, ancestry or national origin;

B. Where their application would result in an interference with or inhibition of peaceful picketing directed toward the business establishment, lawful labor activities or peaceful political activities;

C. Where their 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;

D. Where the person who is upon the privately operated business premises which are open to the general public is present under claim or color of legal right. This exception is applicable to situations wherein public officials are present in the course of their official duties and to situations involving disputes wherein the participants have available to them practical and effective civil remedies such as: marital and postmarital disputes; child custody or visitation disputes; disputes regarding title to or rights in legal 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; business-type disputes such as those between partners; debtor-creditor disputes; and instances wherein the person claims a right to be present pursuant to order, decree or process of a court. (Prior code § 10.47.030)

4. In or About City Facilities

It is unlawful for any person or persons to be in or about any city facility after the posted hours of operation. (Ord. 4870 § 1, 2016; prior code § 10.48.010)