Montclair Municipal Code Ch. 7.32 Trespass Upon Private Property

A. Private Property Open to the Public. No person shall enter, occupy, or remain on any private property open to the public, or any structure thereon, for a period of time in excess of that stated in any notice posted on such property or structure limiting the time any patron, customer, or invitee of the premises may remain on the premises or structure thereon.

1. For purposes of this subsection A, any sign placed upon any real property or structure thereon limiting the time during which patrons, customers, or invitees of any business on such premises or in such structure may enter or remain shall be conspicuously placed on the premises or structure in such a manner as to give notice of such limitations to persons entering the premises or structure thereon, and shall be printed in legible letters at least two inches in height.

2. No person shall enter, occupy, or remain on any private property open to the public, or any structure thereon, after being requested to leave, or if consent to enter, occupy, or remain on said private property or structure thereon has otherwise been withdrawn, by the owner, owner's agent, lessee, or person in lawful possession and said person has been so informed by the owner, owner's agent, lessee, person in lawful possession, or by an enforcement officer acting on behalf of the owner, owner's agent, lessee, or person in lawful possession in accordance with subsection 7.32.010(C).

B. Posted Private Property. No person shall enter, occupy, or remain upon posted private property, or any structure thereon, without the express or implied permission of the owner, owner's agent, lessee, or person in lawful possession of such posted property.

1. For purposes of this subsection B, "posted private property" shall mean any property where at least one sign is posted in a conspicuous manner at every walkway and driveway entering any enclosed property or portion thereof, and at a minimum of every 50 feet along the boundary of any unenclosed lot. Where the area of such property exceeds one acre, the sign shall be posted at intervals of not more than 300 feet along or near the boundaries thereof. The requirements of this subsection are met if at least one sign is conspicuously posted on the outside of every structure on such property, so as to be readable from each walkway and driveway entering such property.

2. The sign(s) required pursuant to this section shall be posted at least three feet above the normal ground level, and said sign(s) shall be composed of wood, metal, or other equally substantial and durable 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 or red against white background, appear, at a minimum, the following words:

[Figure]

In addition, the sign(s) may contain such other words as may be desired, indicating that trespassers are subject to arrest and prosecution.

C. Enforcement Officer Assistance. When an enforcement officer's assistance in dealing with a trespass pursuant to this section is requested, the owner, owner's agent, lessee, or person in lawful possession shall make a separate request to the enforcement officer on each occasion. However, a single request for an enforcement officer's assistance may be made to cover a limited period of time not to exceed six months when such request is made in writing and provides the specific dates of the authorization period. A request for assistance shall expire upon transfer of ownership of the property or, if the request was made by the lessee or other person in lawful possession, upon change in the lessee or other person in lawful possession. Written requests for an enforcement officer's assistance that covers a limited period of time shall be kept on file with the Montclair Police Department.

1. As used in this section, "enforcement officer" shall mean and include any person authorized to enforce the provisions of this Chapter (including, the Montclair Police Department and Code Enforcement Division).

D. Exceptions. The provisions of Section 7.32.010 shall not apply in any of the following instances:

1. When 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. When its application results in or is coupled with an act prohibited by California Penal Code Section 365 or any other provision of law relating to duties of innkeepers and common carriers;

3. When its application would result in a violation of any law allowing for peaceful labor picketing or other lawful labor activities;

4. When its application would result in an interference with any person lawfully engaging in activities protected by the United States Constitution or when persons are engaging in acts which are expressly required or permitted by any provision of law;

5. When the person who is upon another's private property is there pursuant to the property owner's, lessee's, or other person in lawful possession's expressive activity policy;

a. As used in this subsection, an "expressive activity policy" means a written policy of the owner of a shopping center or other similar establishment that establishes regulations for the time, place, and manner of expressive activity on private property;

6. When public officers or employees are acting within the course of their employment or in the performance of their official duties.

(Ord. No. 17-961, § 1, 2-6-17)

Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.

(Ord. No. 17-961, § 1, 2-6-17)

Any person who violates any provision of this chapter is guilty of a misdemeanor violation punishable in accordance with Chapter 1.12 of Title 1 of this Code.

(Ord. No. 17-961, § 1, 2-6-17)