Chapter 4.5

• a. No person may remain upon private property or business premises after being requested to leave the property by the owner, lessee or other person in charge of the property, or by a law enforcement officer acting at the reasonable request of such owner, lessee or person in charge of such property, when such request is made because of activities on the part of the person being requested to leave which include, without limitation, interference with the peaceful conduct of a lawful business.

• b. No person, without the express or implied permission of the owner, lessee or other person in charge of private property or business premises, may enter upon such property after being requested by the owner, lessee or other person in charge of the property to keep off or keep away from the property.

Section 4.5.002 does not apply in the following instances:

• a. Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or other provision of law relating to prohibited discrimination against a person on account of color, race, religion, creed, ancestry or national origin;

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

• c. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activity;

• d. Where its application would result in an interference with or inhibition of the exercise of the constitutionally protected right of freedom of speech, including but not limited to peaceful expressions of political or religious opinions not involving conduct proscribed by Sections415 or 647c of the California Penal Code; or

• e. Where the person who is upon another’s private property or business premises is there under claim or color of legal right. This exception applies to the following types of situations involving a dispute where the participants have available practical and effective civil remedies: marital and post-marital dispute; child custody or visitation dispute; dispute regarding title to or rights in real property; landlord-tenant dispute; dispute between members of the same family or between persons residing upon the property concerned up until the time of the dispute; employer-employee dispute; business dispute such as those between partners; debtor-creditor dispute; or other instance where the person claims a right to be present under an order, decree or process of a court.

A person who violates Section 4.5.002 is guilty of a misdemeanor.

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.6.002

§ 4.6.006