Santa Maria Municipal Code Art. 1 Trespassing and Loitering on Posted Property

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Posted boundary"

means a line running from sign to sign and such line need not conform to the legal boundary or legal description of any lot, parcel or acreage of land, but only the area within the "posted boundary" shall constitute "posted property," except as otherwise provided in subsection (e) of Section 6-2.103.

(1)

For State law as to trespass generally, see Penal Code, § 602.

"Posted property"

means any property specified in Section 6-2.102 which is posted in a manner provided in Section 6-2.103.

"Sign"

means a sign not less than one square foot in area and upon which, in letters not less than two inches in height, appear the words "Trespassing-Loitering Forbidden by Law."

(Prior Code § 17-18)

Any property, except that portion of such property to which the general public is accorded access, may be posted against trespassing and loitering in the manner provided in Section 6-2.103, and thereby become "posted property," subject to the provisions applicable to posted property, if such property consists of, or shall be used, or be designed to be used, for any one or more of the following:

(a) An oil well, oil field, tank farm, refinery, compressor plant, absorption plant, bulk plant, marine terminal, pipeline, pipeline pumping station or reservoir, or any other plant, structure or works, used for the production, extraction, treatment, handling, storage or transportation of oil, gas, gasoline, petroleum or any products thereof;

(b) A gas plant, gas storage station, gas meter, gas valve or regulator station, gas odorant station, gas pipeline, or appurtenances, or any other property used in the transmission or distribution of gas;

(c) A reservoir dam, generating plant, receiving station, distributing station, transformer, transmission line, or any appurtenances, used for the storage of water for the generation of hydroelectric power, or for the generation of electricity by water or steam or by any other apparatus or method suitable for the generation of electricity, or for the handling, transmission, reception or distribution of electric energy;

(d) Plant, structures or facilities used for or in connection with the rendering of telephone or telegraph service or for radio broadcasting;

(e) A water well, dam reservoir, pumping plant, aqueduct, canal, tunnel, siphon, conduit or any other structure, facility or conductor for producing, storing, diverting, conserving, treating or conveying water;

(f) The production, storage or manufacture of ammunitions, dynamite, black blasting powder, gunpowder or other explosives;

(g) A railroad right-of-way, railroad bridge, railroad tunnel, railroad shop, railroad yard, or other railroad facility;

(h) Airports, landing fields or training schools for airplane pilots, and all structures or facilities used for or in connection therewith;

(i) Property of the City which is fenced or, if not fenced, posted as provided in Section 6-2.103; provided, however, that this prohibition shall not apply to lawfully authorized employees and officers of the City in the conduct of City business.

(Prior Code § 17-19; Ord. 2006-01, eff. 3/7/06)

It shall be unlawful for a person to enter or be present upon any private property or portion of private property where:

(a) The property is not open to the general public and where signs forbidding entry are posted as provided in this chapter, unless the person has the consent of the owner, the owner's agent, or the person in lawful possession of the property;

(b) The property is not open to the general public and the person has been advised of the following within the immediately preceding six months to leave and not return, and that if s/he returns to the property within six months of the advisement s/he will be made subject to arrest. The advisement must be made in writing by the owner, the owner's agent, a person in lawful possession or a peace officer at the request of the owner, the owner's agent, or a person in lawful possession. The advisement must include the name of the person advised, date, approximate time, and address of the property involved. This subsection is not violated if the person advised enters the property during the designated six-month period after receiving express authorization from the owner, the owner's agent, or a person in lawful possession.

(c) The property is open to the general public and the person was advised within the immediately preceding 24 hours to leave and not return, and that if s/he returns to the property within 24 hours of the advisement, s/he will be subject to arrest. The advisement must be documented in writing by the owner, the owner's agent, a person in lawful possession or a peace officer at the request of the owner, the owner's agent, or a person in lawful possession. A request to leave may be made only if it is rationally related to the services performed or the facilities provided on the property.

(Ord. 2006-01, eff. 3/7/06; Ord. 2017-01 § 59, eff. 3/9/17)

Any property described in Section 6-2.102 may be posted against trespassing and loitering in the following manner:

(a) Any such property, if it is not enclosed within a fence and if it is of an area not exceeding one acre and if it has no lineal dimension exceeding one mile, by posting signs at each corner of the area so posted, and at each entrance thereto;

(b) Any such property, if it is not enclosed within a fence, and if it is of an area exceeding one acre, or if it contains any lineal dimension exceeding one mile, by posting signs along or near the exterior boundaries of the area so posted at intervals of not more than 600 feet, and also at each corner thereof, and if such property has definite entrance or entrances thereto, at each such entrance;

(c) Any such property, if it is enclosed within a fence and if it is of an area not exceeding one acre, and if it has no lineal dimension exceeding one mile, by posting signs at each corner of such fence and at each entrance thereto;

(d) Any such property, if it is enclosed within a fence and if it is of an area exceeding one acre, or if it has any lineal dimension exceeding one mile, by posting signs on, or along the line of, such fence at intervals of not more than 600 feet, and also at each corner thereof and at each entrance thereto;

(e) Any such property, if it consists of poles or towers or appurtenant structures for the suspension of wires or other conductors for conveying electricity for telegraphic or telephonic messages or of towers or derricks for the production of oil or gas, by affixing a sign upon one or more sides of such poles, towers or derricks, but such posting shall render only the pole, tower, derrick or appurtenant structure "posted property."

(Prior Code § 17-20)

Every person is guilty of a misdemeanor who enters or remains upon any posted property without the written permission of the owner, tenant or occupant in legal possession or control thereof. Every person who so enters or remains upon such posted property without such written permission is guilty of a separate offense for each day during any portion of which he enters or remains upon such posted property.

(Prior Code § 17-21)

Every person is guilty of a misdemeanor who, without authority, tears down, defaces or destroys any sign posted under Section 6-2.103.

(Prior Code § 17-22)

Every person is guilty of a misdemeanor who loiters in the immediate vicinity of any posted property. This section does not prohibit, in the immediate vicinity of any posted property, or elsewhere, picketing or any lawful activity by which the public is informed of the existence of an alleged labor dispute.

(Prior Code § 17-23)

The provisions of Sections 6-2.101 through 6-2.106 do not apply to any entry, in the course of duty, of any peace or Police Officer or other duly authorized public officer, nor do they apply to the lawful use of an established and existing right-of-way for public road purposes.

(Prior Code § 17-24)

The provisions of Sections 6-2.101 through 6-2.106 do not prohibit any lawful activity for the purpose of engaging in any organizational effort on behalf of any labor union agent, or members thereof, or of any employee group, or any member thereof, employed or formerly employed in any place of business or manufacturing establishment described in Sections 6-2.101 through 6-2.106, or for the purpose of carrying on the lawful activities of labor unions, or members thereof.

(Prior code § 17-25)

The provisions of Sections 6-2.101 through 6-2.106 do not prohibit any lawful activity for the purpose of investigation of the safety of working conditions on posted property by a representative of a labor union or other employee group who has upon his person written evidence of due authorization by his labor union or employee group to make such investigation.

(Prior code § 17-26)

This Chapter does not apply in any of the following instances: when its application results in, or is coupled with, any act prohibited by the Unruh Civil Right Act, or any other provision of law relating to prohibited discrimination against any person; when 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 the duties of innkeepers; when public officers or employees are acting within the course and scope of their employment or in the performance of their official duties; or when persons are engaging in activities protected by the United State Constitution or the California Constitution or when persons are engaging in acts which are expressly required or permitted by any provision of law.

(Ord. 2006-01, eff. 3/7/06)