Newark Municipal Code Ch. 9.36 Trespass

(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, the owner's agent, or lessee, the lessee's agent, or other person in charge of private property or business premises, shall enter upon or remain upon such private property or business premises after having been notified by the owner, the owner's agent, or lessee, the lessee's agent, or other person in charge thereof to keep off or keep away therefrom. A person in charge thereof for purposes of giving the notice provided in this subsection may include peace officers who respond and give such notice at the contemporaneous request of the owner, the owner's agent, or other person in charge of the private property or business premises.

(c) For purposes of this section notification may be provided by the posting of signs upon the private property or business premises.

(d) 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 Section 365 of the California Penal Code 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 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; or

(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 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.

(Ord. 64 § 1, 1961)

(Ord. No. 430, § 1, 9-25-2008)

It is unlawful for any person to drive upon or park any vehicle upon any land or premises when the owner thereof, of the person occupying the same or having the possession thereof, or the person conducting any building operation or work thereon, or the agent of either, has posted thereon a printed notice that it is private property and warning against trespassing thereon.

(Ord. 64 § 2, 1961)

The sign or signs required in Sections 9.36.010 and 9.36.020 shall state "Private Property - No Trespassing, Chapter 9.36 Newark Municipal Code," or "Private Property - Customer Parking Only, Chapter 9.36 Newark Municipal Code" or such other language as may be appropriate to warn against trespassing. Such notice must cite the ordinance codified in this chapter by number and shall contain the language "Chapter 9.36 Newark Municipal Code" citing the chapter. The letters on such notice shall be at least two inches in height.

(Ord. 64 § 3, 1961)

(Ord. No. 430, § 2, 9-25-2008)

Editor's note— Ord. No. 430, § 3, adopted Sept. 25, 2008, repealed § 9.36.040 in its entirety. Former § 9.36.040 pertained to penalties and derived from Ord. No. 64, § 4, adopted in 1961.

II. Prohibited Trespass

Skateboarding, roller skating or in-line skating is prohibited in private off-street parking facilities, on private sidewalks or walkways serving commercial and office establishments when the owner or operator of such parking facility, sidewalk or walkway has caused to be posted conspicuously and, as is necessary, to provide effective notice, at each entrance to the off-street parking facility or at the perimeter of the property, signs that clearly indicate that skateboarding, roller skating or in-line skating is prohibited in that off-street parking facility and/or on the private sidewalk or walkway serving the commercial and office establishment. Such signage may use lettering or symbols or a combination of both that include a reference to this section.

(Ord. 357 § 1, 2000)

Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Any person who shall be convicted of a violation of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars or by imprisonment for not exceeding six months, or by both such fine and imprisonment.

(Ord. 106 § 2, 1967)