Chapter 9.40 — TRESPASS UPON PRIVATE PROPERTY

A.

No person shall remain upon a private property, business premises, or private property open to the public after being notified by the owner, lessee, or other person in charge thereof to remove therefrom.

B.

No person, without permission, express or implied, of the owner, lessee, or other person in charge of private property or business premises or private property otherwise open to the public, shall enter upon the private property or business premises or private property open to the public after having been notified by the owner, lessee, or other person in charge thereof to keep off or keep away therefrom.

C.

No person, without permission, express or implied, of the owner, lessee, or other person in charge of private property or business premises or private property open to the public shall enter upon the private property or business premises or private property open to the public where a sign has been posted as provided in this section.

D.

Signs posted shall conform to the following requirements:

Each sign shall be not less then twenty-two inches by thirty inches;

Colors of each sign shall be optional;

All signs shall be clearly visible to persons in restricted locations;

Signs shall have the word "warning" not less than two inches in height and all other lettering shall be at least five-eighths inches in height;

Signs shall be posted in conspicuous places;

The owner, lessee, or other person in charge of the private property, business premises, or private property open to the public use may regulate the hours during which persons shall keep off or keep away from the subject property;

The following wording shall appear on each sign:

WARNING

No person shall enter upon and/or remain on these premises during the hours of _______ and _______ without the permission of the owner, lessee, or other person in charge of these premises. Persons found on these premises during such hours shall be subject to prosecution. PMC §9.40.010

E.

It shall be unlawful for any person to enter upon or remain upon any posted property during those hours prohibited by the signs posted thereon without the express permission of the owner, lessee, tenant, or occupant in legal possession or control thereof.

F.

Exceptions. This section shall not apply in any of the following instances:

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;

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;

Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

Where its application would result in 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

Where the person who is upon another's private property or business premises, or private property open to the public is there under any 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 postmarital disputes, disputes regarding title 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. 120 §1(part), 1984)

Whenever any act is prohibited by this chapter, or is made or declared to be unlawful, or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment; provided, nevertheless, that any such aforesaid violation or offense may be deemed an infraction as defined by Section 19C of the California Penal Code and charged as such in the discretion and at the election of the town prosecuting attorney, in which event the punishment therefor shall not be imprisonment, but a fine not to exceed the amounts specified by Government Code Section 36900 as then in effect. Every day any violation of any provision of this chapter continues constitutes a separate offense. (Ord. 120 §1(part), 1984)