Chapter 13.52 — TRESPASS

Sections: 13.52.010 Entering upon posted property prohibited. 13.52.020 Entering upon property after being personally forbidden to do so prohibited. 13.52.030 Police Department authorized to act as agent for property owners when. 13.52.040 Parking vehicle on private property prohibited when. 13.52.050 Illegally parked vehicle--Citation issuance authorized when. 13.52.060 Illegally parked vehicle--Removal--Authorized when. 13.52.070 Illegally parked vehicle--Removal--To garage or place of safety required. 13.52.080 Removed vehicle--Notice to owner required. 13.52.090 Removed vehicle--Garage keeper lien for costs. 13.52.100 Liability for wrongful removal of vehicle.

• For vehicles and traffic generally, see Title 14 of this Code.

It is unlawful for any person to enter or go upon or pass over or remain upon any land of another where the owner of said property, or the person entitled to the possession thereof for the time being, or the authorized agent of either, has posted or caused to be posted upon said land printed notices that the said land is private property and warning all persons from trespassing thereon. (Ord. 2829-NS § 1, 1947)

prohibited.

It is unlawful for any person to enter or go upon or pass over or remain upon any land of another after being personally forbidden to do so by the owner of said property, or by the person entitled to the possession thereof for the time being, or the authorized agent of either.

The provisions of this section shall not apply when its application would: (1) violate the Unruh Civil Rights Act, or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry, or natural origin; (2) violate laws allowing for peaceful labor picketing or other lawful labor activities; or (3) impinge on the lawful exercise of the constitutionally protected rights of freedom of speech or assembly on outdoor property owned and controlled by a public entity during the time the property is open to the public. (Ord. 7064-NS § 1, 2008; Ord. 2829-NS § 2, 1947)

owners when.

Where any such owner of property, or any person entitled to the possession thereof for the time being, or the authorized agent of either, shall have authorized the Police Department to act as their agent for the purpose of warning and forbidding persons from trespassing upon their land, each and every member of said Police Department shall thereby be constituted their authorized agent therefor. (Ord. 2829-NS § 3, 1947)

It is unlawful for any person to park a motor vehicle upon any private property, or upon property used for private parking purposes, without the consent of the owner of said property, the person entitled to the possession thereof for the time being, or the authorized agent of either, provided that signs specifying conditions under which parking is permitted shall have been posted at all entrances to such property. Such signs shall be approved both as to wording and posting by the Police Department. (Ord. 2829-NS § 4, 1947)

Any regularly employed and salaried employee of the Police Department designated by the Chief of Police may issue a citation to the owner or driver of any motor vehicle that has been parked or left standing on any private property, driveway, or private parking lot, or property used for private parking purposes, in violation of Section 13.52.040. The provisions of the Vehicle Code of the state shall be applicable in determining responsibility for such citation. (Ord. 4855-NS § 1 (part), 1976; Ord. 4211-NS (part), 1966; Ord. 2829-NS § 5, 1947)

Any regularly employed and salaried employee of the Police Department designated by the Chief of Police, the owner of any private property, or the authorized agent of either, may remove or cause to be removed, any motor vehicle that has been parked or left standing on any private property, driveway or private parking lot or property used for private parking purposes in violation of Section 13.52.040. (Ord. 4855-NS § 1 (part), 1976; Ord. 2829-NS § 6, 1947)

required.

Any person referred to in Section 13.52.060 who removes any vehicle from any private property in the City is authorized to remove said vehicle to the nearest garage or other place of safety, or to a garage designated or maintained by the City. (Ord. 2829-NS § 8, 1947)

Any person referred to in Section 13.52.060 who removed a vehicle from private property shall give notice to the owner of the motor vehicle as provided for and required by the Vehicle Code of the state. (Ord. 4211-NS (part), 1966; Ord. 2829-NS § 9, 1947)

The keeper of any garage in which any vehicle is stored in accordance with the provisions of this chapter shall have a lien thereon for their compensation for towage, and for caring for and keeping safe such vehicle, and may satisfy such lien upon compliance with and under the conditions stated in the Vehicle Code of the state. (Ord. 4211-NS (part), 1966; Ord. 2829-NS § 10, 1947)

If a vehicle removed from such private property was rightfully there, the person or persons who complained of the presence of such vehicle and/or the person or persons, other than members of the Police Department who caused such vehicle to be removed shall be liable for any and all charges for towage, and for caring for and keeping safe such vehicle. (Ord. 2829-NS § 7, 1947)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable as set forth in Chapter 1.20 of this code. (Ord. 2829-NS § 11, 1947)