Pacifica Municipal Code Ch. 13 Trespassing on Public and Private Property

* Chapter 13 entitled "Trespassing," consisting of Sections 5-13.01 through 5-13.04, codified from Ordinance Nos. 75 and 392, repealed by Section 1, Ordinance No. 20-C.S., effective May 12, 1971.

(a) Remaining following notice. 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) Entering following notice. No person without permission, express or implied, of the owner, 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, lessee, or other person in charge thereof to keep off or to keep away therefrom.

(c) Exceptions. The provisions of this section shall not apply in any of the following instances:

(1) Where their application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to the prohibited discrimination against persons on account of color, race, religion, creed, ancestry, national origin, length of hair, or unconventional dress. The provisions of this exception are to be liberally construed, and the exceptions are illustrative only and are not to be termed restrictive;

(2) Where their application results in or is coupled with an act prohibited by Section 365 of the Penal Code of the State or any of provision of law relating to the duties of innkeepers and common carriers;

(3) Where their application results in any interference with or an inhibition of peaceful labor picketing or other lawful labor activities;

(4) Where their application results in any interference with or an inhibition of any other exercise of a constitutionally protected right of freedom of speech, such as, but not limited to, peaceful expression of political or religious opinions not involving offensive personal conduct. The term "offensive personal conduct" shall be construed as conduct which obstructs the free passage over or along a street or sidewalk by the manner in which a person accused stands, loiters, or walks thereupon. It shall also include such conduct which interferes with the business use of the property or creates a disturbance of the peace of the particular area involved; 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 shall be applicable (but not limited to) the following types of situations involving disputes where 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 and tenant disputes; disputes between members of the same family or between persons residing upon the property concerned up to the time of the dispute; employee disputes; business type disputes, such as those between partners; data creditors' disputes; and instances wherein a person claims a right to be represented pursuant to order, decree, or process of the court.

(§ 2, Ord. 20-C.S., eff. May 12, 1971)

Every business establishment shall have the right to exclude patrons or prospective patrons from disrupting the normal course of their business or engaging in damage to property or injury to others. The provisions of this section shall not, however, be used to exclude those from business establishments who wear long hair or unconventional dress or who otherwise may not conform with the generally accepted modes of dress.

(§ 2, Ord. 20-C.S., eff. May 12, 1971)

It shall be unlawful for any person to drive a motor vehicle upon any private property within the City without first having obtained the written permission of the owner of such property, or his agent, or the person in lawful possession thereof.

(§ 2, Ord. 20-C.S., eff. May 12, 1971)

The provisions of this chapter shall not be used to discriminate in any manner against the rights of the individual governed by the First Amendment of the Constitution of the United States, and said provisions shall not be used as an invidious method of discrimination.

(§ 2, Ord. 20-C.S., eff. May 12, 1971)