Dana Point Municipal Code Ch. 11.50 Prohibition of Trespasses Upon Private Property

(a) No person shall remain upon any private property or business premises, after being notified by the owner, owner's agent, lessee, or by a peace officer acting at the request of any of the above to remove oneself from the property. For purposes of this Section, the term "lessee" includes a tenant in lawful possession of real property.

(b) No person, without permission, express or implied, from the owner, owner's agent, or lessee, shall enter upon the private property or business premises after having been notified by the owner, owner's agent, or lessee to keep off or stay away from the property.

(c) No person shall enter or remain upon posted private property without the permission, expressed or implied, of the owner, owner's agent, or lessee of such posted property or premises.

(d) Exceptions. This Section shall not apply in any of the following instances:

(1) Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of sex, race, color, religion, creed, ancestry, national origin, disability, medical condition, marital status, or sexual orientation;

(2) Where 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) Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

(4) Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as, but not limited to, peaceful expressions of political or religious opinions, not involving offensive personal conduct; or

(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, but not limited to, the following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies, such as: 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 be present pursuant to a valid order, decree, or process of a court.

(e) As used in this Section, "posted property" means any property which contains at each corner and entrance a posted sign three feet above the normal ground level. Each sign shall be composed of wood, metal or other equally substantial material, the face of which is not less than one square foot in area, and upon which, in legible letters not less than two inches in height in black against a white background, appear the words "PRIVATE PROPERTY—NO TRESPASS" or words conveying a similar message. The sign may also contain words such other words as may be desired which indicate that trespassers are subject to prosecution. Where the area of such property exceeds one acre, the notice shall also be posted at intervals of not more than 300 feet along or near the boundaries thereof.

(Added by Ord. 07-05, 4/3/07)