Duarte Municipal Code Ch. 9.23 Trespassing and Fighting

For the purposes of this chapter, the following additional definitions shall apply:

(a) "Public property" means any building, parking structure, parking lot, utility lot, right-of-way, park, or open space, owned or maintained by the city, the County of Los Angeles, the State of California, the United States government, or other public entity.

(b) "Trespass" and "trespassing" means to enter, occupy, or encroach upon any building, structure, open space, enclosed or unenclosed land, without the consent of the owner or person in lawful possession of said property.

(Ord. No. 912, § 8, 10-25-2022)

(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 themselves and their possessions therefrom. For purposes of this section a lessee includes a tenant in lawful possession of real property and a licensee.

(b) No person, without permission 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 keep away therefrom.

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

(d) No person shall enter or remain upon any city property, building, yard, parking lot, or other city owned or operated facility except during business hours, or upon request or invitation of any city employee or agent acting within the capacity of a city employee or agent, or after being informed by any city employee or a peace officer acting on behalf of the city to remove themselves and their possessions therefrom.

(e) Exceptions. This section shall not apply in any of the following instances:

(1) Where its application results in a violation of law or where preempted by law;

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

(3) 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 dangerous or hazardous personal conduct;

(4) Where the person who is in or upon another's private property or business premises is there under a legal right, including but not limited to landlord-tenant disputes, marital disputes, child custody disputes or visitation disputes; or

(5) Public camping, which is separately regulated by this Code and State law.

(f) As used in this section, "posted property" means any property at each corner of which, at each entrance to which, a sign is posted three feet above grade and said sign is 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 one inch in height, appear the words "PRIVATE PROPERTY - NO TRESPASS." In addition, the sign may contain such other words as may be desired, indicating that trespassers are subject to prosecution. Where the area of such property exceeds one acre, the notice shall also be posted at multiple locations which are at intervals of not more than three hundred feet along or near the boundaries thereof.

(Ord. No. 912, § 8, 10-25-2022)

The owner or responsible party of real property located within the city may request continuing enforcement of Section 9.23.010 in their absence. Such request shall be made in writing to the Los Angeles County Sheriff's Office or Duarte Public Safety Department pursuant to that office's procedures.

(Ord. No. 912, § 8, 10-25-2022)

It is unlawful for any person to engage in any physical fight, disorderly conduct, or altercation with any other person on any public property or upon the premises of another within the city, while in immediate physical possession or any concealed firearm, knife, dirk, bludgeon, or other weapon.

(Ord. No. 912, § 8, 10-25-2022)

It is unlawful within the city for any person to engage in fighting on public property.

(Ord. No. 912, § 8, 10-25-2022)

Any violation of this chapter is a public nuisance that may be abated by any means provided in this Code, including administrative citations, civil action and injunctive relief, and is also punishable as provided in Sections 1.04.090 and 1.04.100 of this Code.

(Ord. No. 912, § 8, 10-25-2022)