Long Beach Municipal Code Ch. 9.42 Trespassing

Footnotes:

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State Law reference— Provisions on trespassing, Pen. C. § 602.

No person shall trespass in, upon, on, or across the property of another without the permission and consent of the person in charge or control thereof. The provisions of this Section shall have no application to a trespass committed by any officially authorized peace officer or law enforcement agent when such trespass is committed in the execution of such officer or agent's official duty, nor to any person visiting or calling at the residence or place of business of another person for the purpose of transacting any legitimate business.

(Prior code § 4620)

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. This Section is in no way intended to change, alter or amend, nor is it to be construed as changing, altering or amending Section 9.42.010, which Section covers trespassing upon unposted private property.

(Prior code § 4620.1(a))

The following terms used in this Chapter, unless the context clearly indicates otherwise, shall have the respective meanings set forth in this Section:

A. "Posted boundary" means 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, but only the area within the "posted boundary" shall constitute "posted property", except as otherwise provided in Subsection 9.42.040.B.

B. "Posted property" means any property specified in Section 9.42.040 which is posted in a manner provided in Section 9.42.050.

C. "Sign" means a sign affixed not less than three feet (3′), nor more than six feet (6′) above the ground at the place of posting as specified in Section 9.42.050, which sign shall consist of wood, metal, or other substantial material, with a face of not less than one (1) square foot in area and upon which, in letters not less than two inches (2″) in height, either black against a white background, or white against a black background, or contrasting colors, appear, in addition to such other information as may be placed thereon, the following:

Trespassing-Loitering Forbidden by Law.

(Prior code § 4620.1(b))

Any property may be posted against trespassing and loitering in the manner provided in Section 9.42.050 and thereby become "posted property", subject to the provisions of this Chapter applicable to posted property, if such property consists of, or is used, or is designed to be used, for any one (1) or more of the following:

A. An oil well, oil field, tank farm, refinery, compressor plant, absorption plant, bulk plant, marine terminal, pipeline, pipeline pumping station, or reservoir, or any other plant, structure, or works used for the production, extraction, treatment, handling, storage, or transportation of oil, gas, gasoline, petroleum or any product or products thereof;

B. A gas plant, gas producing well, gas storage station, gas tank, gas meter, gas main, gas holder, gas valve, or regulator station, gas orodant station, gas pipeline, compressor plant or appurtenances, or any other property used in the transmission, storage or distribution of gas;

C. A reservoir, dam, generating plant, receiving station, distributing station, transformer, transmission line, or any appurtenances, used for the storage of water for the generation of hydroelectric power, or for the generation of electricity by water or steam or by any other apparatus or method suitable for the generation of electricity, or for the handling, transmission, reception, or distribution of electric energy;

D. Plant, structures or facilities used for, or in connection with, the rendering of telephone or telegraph service or for radio broadcasting;

E. A water well, dam, reservoir, pumping plant, aqueduct, canal, tunnel, siphon, conduit, or any other structure, facility or conductor for producing, storing, diverting, conserving, treating or conveying, water;

F. The production, storage, or manufacture of munitions, dynamite, black blasting powder, gunpowder, or other explosives;

G. A railroad right-of-way, railroad bridge, railroad tunnel, railroad shop, railroad yard, or other railroad facility;

H. An airport, airplane landing field, a hangar, or any other property used for the manufacture or assembly or repair or testing of aircraft of any type or kind;

I. Any shipyard, drydock or graving dock used for the construction, storage or repair of ships, boats or vessels.

(Prior code § 4620.1(c))

Any property described in Section 9.42.040 may be posted against trespassing and loitering in the following manner:

A. By posting signs along or near the exterior boundaries of the area of such property at intervals of not more than three hundred feet (300'), and also at each corner thereof, and, if such property has a definite entrance or entrances thereto, at each such entrance;

B. Any such property, if it consists of poles or towers or appurtenant structures for the suspension of wires or other conductors for conveying electricity or telegraphic or telephonic messages, by affixing a sign upon one (1) or more sides of such poles or towers, but such posting shall render only the pole or tower or appurtenant structure "posted property."

(Prior code § 4620.1(d))

No person shall enter or remain upon any posted property without the written permission of the owner, tenant or occupant in legal possession or control thereof. Every person who so enters or remains upon such posted property without such written permission is guilty of a separate offense for each day during any portion of which he enters or remains upon such posted property.

(Prior code § 4620.1(e))

No person shall, without authority, tear down, deface or destroy any sign posted under the provisions of this Chapter.

(Prior code § 4620.1(f))

No person shall loiter in the immediate vicinity of any posted property; provided, this Section does not prohibit peaceful picketing or any other lawful activity by which the public is informed of the alleged existence of any labor dispute.

(Prior code § 4620.1(g))

This Chapter does not apply to any entry, in the course of duty, of any peace or police officer or other duly authorized public officer, nor does it apply to the lawful use of an established and existing right-of-way for public road purposes, nor does it apply to 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; nor does it prohibit any lawful activity for the purpose of engaging in any organizational effort on behalf of any labor union, agent or member thereof, or of any employee group, or any member thereof, employed, or formerly employed, in any place of business or manufacturing establishment described in this Chapter, or for the purpose of carrying on the lawful activities of labor unions or members thereof; nor does it prohibit any lawful activity for the purpose of investigation of the safety of working conditions on posted property by a representative of a labor union or other employee group who has upon his person written evidence of due authorization of his labor union or employee group to make such investigation.

(Prior code § 4620.1(h))

A. No person shall operate or drive a motor vehicle, motorcycle, mini-bike, trail bike, dune buggy, motor scooter, jeep or other form or motor vehicular transportation upon the private property of another or upon any public property which is not held open to the public for any vehicular use and which is not subject to the provisions of the Vehicle Code of the State.

B. The provisions of this Section shall not apply to emergency vehicles, governmental agencies or to persons driving upon such property with the written consent of the owner or person in lawful possession of such property or to the owner himself, his family, employees, agents or lessees.

(Prior code § 4620.2)

A. Unless otherwise provided, it shall be unlawful for any person to camp on public property (including rights-of-way), whether improved or unimproved, whether inside or outside a vehicle, between the hours of ten p.m. of one (1) day and five a.m. of the next day, except public property designated for overnight camping.

B. This Section is in no way intended to change, alter or amend, nor is it to be construed as changing, altering or amending Section 9.42.010.

C. For the purposes of this Section, the term "camp" shall mean the use of tents or other temporary shelters, or non-city designated cooking facilities.

D. A violation of this Section shall constitute a misdemeanor; except that any such violation may, in the discretion of the City Prosecutor, be charged and prosecuted as an infraction.

(Ord. C-7103 § 1, 1993: Ord. C-6984 § 1, 1992)