Martinez Municipal Code Ch. 9.50 Trespassing on Private Property

It shall be unlawful for any person to remain or refuse to leave any private commercial establishment after concluding any lawful business with the commercial establishment and after having been requested to leave by (1) a peace officer at the request of the owner, the owner's agent or the person in lawful possession of the commercial establishment, and upon being informed by the peace officer that he or she is acting at the request of the owner, the owner's agent or the person in lawful possession of the commercial establishment, or (2) the owner, the owner's agent, or the person in lawful possession of the commercial establishment. As used herein, "commercial establishment" shall include any property for the parking of motor vehicles by the customers of such commercial establishment. The owner, the owner's agent, or the person in lawful possession of the commercial establishment shall make a separate request to the peace officer on each occasion when the peace officer's assistance in dealing with the trespass is required.

(Ord. 1155 C.S. § I, 1990)

A. No person shall remain upon any private property or business premises after being notified by the owner, or lessee, or other person in charge thereof, to remove therefrom.

B. No person, without permission, express or implied, of the owner, or lessee, or other person in charge of private property or business premises shall enter upon such private property or business premises after having been notified by the owner, or lessee, or other person in charge thereof, to keep off or keep away therefrom.

C. 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 color, race, religion, creed, ancestry, or national origin;

2. Where its application results in, or is coupled with, an act prohibited by Penal Code § 365 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;

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 to (but not limited to) the following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies; 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 order, decree, or process of a court.

D. In addition to all other remedies or penalties available under this Code or any other laws, a violation of this section shall be a misdemeanor, provided that in the discretion of the enforcing authority a violation may be charged and/or prosecuted as an infraction. In either case, violations shall be punishable as set forth by Section 1.12.010 of this Code.

(Ord. No. 1390 C.S., § III, 12/2/2015)