Simi Valley Municipal Code Ch. 25 Trespassing Upon Privately-Operated Business Premises

No person shall have the right to use privately-operated business premises which are open to the general public for any purpose which is contrary to the functions or services provided thereon without the consent of the owner, operator, or agent thereof. It shall be unlawful for any person so using such property to refuse or fail to leave such property upon being orally requested to leave by the owner, operator, or agent thereof. Business operators and owners requesting persons to leave business property under this section, prior to such request, shall post in a conspicuous place upon the business premises a copy of the rules and regulations governing the conduct of persons upon the business premises and shall not request persons to leave the premises under this section, except for a breach of such rules and regulations.

(§ 2, Ord. 384, eff. February 28, 1979)

It shall be unlawful for any person, without the permission of the owner, operator, or agent of privately-operated business premises which are open to the general public, to enter upon such premises within forty-eight (48) hours after having been requested by the owner, operator, or agent thereof to leave therefrom pursuant to the provisions of Section 5-25.01 of this chapter.

(§ 2, Ord. 384, eff. February 28, 1979)

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

(a) Where their 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, including, but not limited to, on account of color, race, religion, sex, creed, ancestry, or national origin;

(b) Where their application would result in an interference with or inhibition of peaceful picketing directed toward the business establishment, lawful labor activities, or peaceful political activities;

(c) Where their application results in or is coupled with an act prohibited by Section 365 of the Penal Code of the State or any other provision of law relating to duties of innkeepers and common carriers;

(d) Where their application would result in an 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; and

(e) Where the person who is upon the privately-operated business premises which are open to the general public is present under claim or color of legal right. This exception shall be applicable to, but not limited to, situations wherein public officials are present in the course of their official duties and to situations involving disputes wherein the participants have available to them practical and effective civil remedies, such as marital and post-marital disputes; child custody or visitation disputes; disputes regarding the title to or rights in legal 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; employee-employer disputes; business-type disputes, such as those between partners; debtor-creditor disputes; and instances wherein the person claims a right to be present pursuant to an order, decree, or process of a court.

(§ 2, Ord. 384, eff. February 28, 1979)

Any person who violates any provision of this chapter shall be guilty of a misdemeanor.

(§ 2, Ord. 384, eff. February 28, 1979)