Mendocino County Municipal Code Ch. 8.44 Trespass

(A) Failure to leave. Every person who remains upon any private property or business premises within the County of Mendocino, after being notified by the owner or lessee or other person in charge thereof to remove therefrom, is guilty of a misdemeanor.

(Ord. No. 1414, adopted 1975, as amended by Ord. No. 1691, adopted 1976.)

(B) Refused entry. Every person who, without permission, express or implied, of the owner or lessee or other person in charge of private property or business property or business premises after having been notified by the owner or lessee, or any person in charge thereof, to keep off or keep away therefrom is guilty of a misdemeanor.

(Ord. No. 1414, adopted 1975, as amended by Ord. No. 1691, adopted 1976.)

(C) Exceptions. This section shall not apply to 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, sex, or national origin.

(Ord. No. 1414, adopted 1975, as amended by Ord. No. 1691, adopted 1976.)

(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.

(Ord. No. 1414, adopted 1975, as amended by Ord. No. 1691, adopted 1976.)

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

(Ord. No. 1414, adopted 1975, as amended by Ord. No. 1691, adopted 1976.)

(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.

(Ord. No. 1414, adopted 1975, as amended by Ord. No. 1691, adopted 1976.)

(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 situation involving disputes wherein the participants have available to them practical and effective civil remedies: Marital and post-marital 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 court.

(Ord. No. 1414, adopted 1975, as amended by Ord. No. 1691, adopted 1976.)

(D) Penalty. Any person convicted of violating this section shall be punishable by a term not exceeding five (5) days in the county jail or by a fine not exceeding One Hundred Dollars ($100.00), or both.

(Ord. No. 1414, adopted 1975, as amended by Ord. No. 1691, adopted 1976.)