San Bernardino Municipal Code Ch. 9.52 Trespass

Section

Statutory reference:

For provisions on trespassing, see Cal. Penal Code, §§ 602 and 602.5

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

POSTED PROPERTY. Any property, at each corner of which and at each entrance to which, and when at intervals of not more than 600 feet along or near the boundary thereof, and not less than three feet nor more than six feet above the normal ground level thereof, there is a sign of wood, metal or other material, the face of which is not less than two square feet in area, and upon which in legible letters, not less than three inches in height, either black against a white background or white against a black background, appear the words “no trespassing,” which sign may contain, in addition to said words, such other words as may be desired.

(Ord. 1645, passed 8-20-1940)

It is unlawful for any person to enter into, upon, go across or remain in or upon the posted property of another without having upon his or her person the express written consent of the owner, tenant or person, firm or corporation in lawful possession or control thereof, if such property is used for or designed to be used for any one or more of the following purposes: the storage of dynamite, giant powder, gun powder or any inflammable or explosive substance; every railroad bridge, railroad tunnel, railroad track, railroad rights-of-way, railroad shops and railroad stations; every reservoir, dam, pumping station, power plant, generating plant, receiving station, distributing station and transmission line of any company or agency furnishing electrical energy; generating plant, compressor plant, gas holder, gas tank and gas main used for the production, storage and distribution of gas; every plant or vital part thereof essential to rendering telephone or telegraph service; every radio broadcasting plant and station; tanks and reservoirs used for the bulk treatment, bulk handling or bulk storage of petroleum or petroleum products; all public utility property; industrial plants; and any and all mechanical shops or businesses that are connected with the national defense or preparedness program; and any and all uses appurtenant or incident to any of the specified uses described in this section.

(Ord. 1645, passed 8-20-1940)

This chapter does not apply to any entry in the course of duty of any duly authorized public officer, nor does it apply to the lawful use of any public highway, road or street, nor shall this chapter be so construed to prohibit the use of the public highways, roads or streets for the purpose of picketing.

(Ord. 1645, passed 8-20-1940)

The posted boundary of any area shall be a line running from sign to sign, and such line need not conform to the legal description of any lot, parcel or acreage of land.

(Ord. 1645, passed 8-20-1940)

Every person is guilty of a misdemeanor who, without permission, tears down, defaces or destroys, or causes to be torn down, defaced or destroyed, any sign so placed or posted under the provisions of this chapter.

(Ord. 1645, passed 8-20-1940)

[Reserved]

(Repealed by Ord. MC-460, passed 5-15-1985)

(A) It is unlawful for any person, other than a public officer or employee acting within the course and scope of his or her employment, to enter or remain upon any motor vehicle parking lot, motor vehicle parking structure or facility, drive-in property, shopping center property or any other place or property open to the public, without the implied or express consent of the owner, his or her agent or person in lawful possession thereof, or with the knowledge that such consent has been withdrawn.

(B) This section shall not apply in any of the following instances:

(1) Where its application is directly related to an act prohibited by the Unruh Civil Rights Act or other law relating to prohibited discrimination against any person on account of sex, color, race, religion, creed, ancestry or national origin;

(2) Where its application involves or is directly related to an act prohibited by the Cal. Penal Code, § 365 or other law relating to the duties of innkeepers or common carriers; or

(3) Where the property described in division (A) above is owned, leased or operated by the city or any other public entity and is open to the public and the application of this section would result in an interference with or inhibition of the exercise of a constitutionally protected right of freedom of speech; provided the exercise of such right does not involve prohibited conduct, including, but not limited to, conduct prohibited by the Cal. Penal Code, §§ 647(2) or 415 or any law or ordinance relating to the obstruction of any street, sidewalk or other public place or place open to the public.

(Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974; Ord. MC-460, passed 5-15-1985)

Statutory reference:

Unruh Civil Rights Act, see Cal. Civil Code, § 51

Any person who violates any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. MC-460, passed 5-15-1985)