Rolling Hills Municipal Code Ch. 9.40 Trespass

Footnotes:

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Editor's note— Ord. No. 367, § 3, adopted Jan. 25, 2021, amended Ch. 9.40 in its entirety to read as herein set out. Former Ch. 9.40, §§ 9.40.010—9.40.030, pertained to similar subject matter and derived from Ord. No. 26, §§ 1—3, adopted in 1959.

State Law reference— For statutory provisions on trespassing, see Penal Code § 602.

A. For the purposes of this chapter, "private property" is defined to be any real property, including but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, driveways, carports, parking areas, vacant lots and easements, private roads, and trails, except land which is owned or lawfully possessed by any governmental entity or agency.

B. For the purposes of this chapter, "public property" is defined to be any real property, including but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, driveways, carports, parking areas, vacant lots and easements, roads, and trails, which is owned or lawfully possessed by any governmental entity or agency.

(Ord. No. 367, § 3, 1-25-2021)

No person shall remain upon any public or private property after being notified by the owner, lessee, person in charge thereof, or any person authorized to restrict such property, or by a Sheriffs deputy acting at the request of any such person, to remove therefrom.

(Ord. No. 367, § 3, 1-25-2021)

No person, without the permission, express or implied, of the owner of, lessee of, person in charge of, or person authorized to impose restrictions on public or private property shall enter upon such property after having been notified by the owner of, lessee of, person in charge of, any person authorized to impose restrictions on such property, or by a Sheriffs deputy acting at the request of any such person, to keep off or keep away therefrom.

(Ord. No. 367, § 3, 1-25-2021)

No person, without the permission, express or implied, of the owner of, lessee of, person in charge of, or person authorized to impose restrictions on public or private property shall enter upon such property to damage, destroy, or remove, or cause to be damaged, destroyed, or removed, any stakes, fences, or signs intended to designate the boundaries and limits of any such property.

(Ord. No. 367, § 3, 1-25-2021)

Violations of this chapter may be punished as a misdemeanor or infraction at the discretion of the City Attorney or City Prosecutor in accordance with Chapter 1.08 of this code.

(Ord. No. 367, § 3, 1-25-2021)

The provisions of this chapter shall not apply in any of the following instances:

A. When its application results in or is coupled with an act prohibited by any 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.

B. When its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities on public property.

C. When its application would result in an interference with or inhibition of activities protected by the California or United States constitutions, including, but not limited to free speech and freedom of assembly rights on public property, if any.

(Ord. No. 367, § 3, 1-25-2021)