Part 5 — TRESPASSING

State Law reference— For statutory provisions on trespassing, see Penal Code §§ 602 and 602.5.

A.

No person shall enter, be present, or remain upon any private property without the consent of the owner, owner's agent, lessee, lessee's agent, or other person in lawful possession, where signs forbidding entry are displayed.

For purposes of Subsection 10.20.140.A, sign(s) must be printed or posted in a conspicuous manner at walkway(s) or driveway(s) entering any enclosed property or portion thereof. This requirement is met if at least one sign is conspicuously printed or posted so as to be readable upon entering such private property.

B.

No person shall enter, be present, or remain upon any private property, who was admonished (orally or in writing) to leave, or to leave and not return.

The admonishment must be made by the owner, owner's agent, lessee, lessee's agent, or other person in lawful possession of the private property. A peace officer is authorized to give the admonishment in this Section 10.20.140.B at the request of the owner, owner's agent, lessee, lessee's agent, or other person in lawful possession of the private property.

The admonishment should be documented in writing by the individual making it and should include the name or description of the person admonished, the date, approximate time, address and type of property involved. If documented, the documentation should be retained for a minimum of one year.

Admonishment is no longer valid after six months from the date of the admonishment.

C.

The term "private property" shall mean any real property, including but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, driveways, carports, parking areas, or vacant lots, owned by any person or entity other than property owned or lawfully possessed by the City of San José.

D.

No person shall loiter, stand, park or otherwise occupy any portion of the parking lot or adjacent sidewalk of a commercial business or lot which is otherwise open to the public with the intent or for the purpose of or while engaging in any of the following activities:

Drinking alcoholic beverages or carrying alcoholic beverages in open containers;

Engaging in acts of vandalism against public or private property;

Defacing or otherwise damaging public or private property with paint or other materials;

Committing an assault or battery against another person;

Challenging another person to fight;

Making loud and raucous noise; or

Soliciting or making the sale or transfer of alcohol or cigarettes to minors.

E.

For the purpose of Section 10.20.140.D, the act of loitering shall extend to persons in motor vehicles, or on motorcycles or bicycles, that are parked or standing in the parking lot of a commercial business or lot which is otherwise open to the public as well as to persons standing, sitting, or otherwise occupying a portion of such parking lot or sidewalks adjacent to such parking lot.

F.

For purposes of Section 10.20.140.D, a "commercial business" includes, but is not limited to, offices, retail and wholesale businesses, and commercial businesses.

(Prior code § 4282; Ords. 20749, 21057, 23162, 31218.)

A.

No person shall enter, be present, or remain upon any property owned or controlled by the City of San José after having been admonished not to enter, be present, or remain on such property.

B.

Such admonishment may be made by posting signs on the premises, or upon verbal admonishment by authorized City personnel, including law enforcement.

C.

Such admonishment may be made when property is:

Closed to the public at any time or for any interval of time, on a temporary basis or at stated intervals, whether entirely closed or only partially closed or as to certain uses; and

Closure is reasonably necessary for the conduct of City business and affairs, for the protection or preservation of the public peace, health, and safety, or to avoid personal injury or property damage.

(Prior code § 4283; Ords. 18346, 31219.)

A.

No person shall willfully enter or remain upon any parking facility or adjacent privately owned walkway or landscaped area of a commercial business or enter after closing time or willfully enter or remain upon any off-street parking establishment after closing time, under the following circumstances:

The parking facility and off-street parking establishment driveways have been blocked by means of chains, saw horse barricades, gates, or other physical barriers drawn across the entryways so that motor vehicles cannot freely enter or leave; and

A sign is conspicuously displayed at or near each driveway entrance stating the hours when the parking facility or off-street parking establishment is closed to the public and forbidding entrance during those hours.

B.

The dimensions, format, and wording of the signs required by this section shall be prescribed by the chief of police.

C.

For purposes of this section, the "closing time" shall be the period of time during which the parking facility or off-street parking establishment is closed to the public.

D.

For purposes of this section, a "commercial business" shall be as defined in Section 10.20.140 F. of this Code.

E.

For purposes of this section, an "off-street parking establishment" shall be as defined in Chapter 20.200 of this Code.

F.

For purposes of this section, a "parking facility" shall be as defined in Chapter 20.200 of this Code.

G.

This section shall not apply to:

The owner, lessee, or occupant in legal possession or control of a part of the subject property;

Any employee or agent of the owner, lessee, or occupant in legal possession or control of a part of the subject property; or

Any person who enters or remains upon the property with the written permission of the owner, lessee, or occupant in legal possession or control of a part of the subject property.

(Ords. 25119, 25120.)