Tustin Municipal Code Part 5 Trespass on Exterior Premises of Commercial Property

(a) Findings and intent. The City has received complaints from business owners that individuals enter upon and remain overnight on the exterior portion of their private commercial property without owner consent. This transient occupation leads to health and safety impacts on properties including urination and the leaving of waste and debris. This section is intended to prohibit such transient overnight occupation when owners post appropriate signage on their properties in accordance with this section.

(b) Prohibition. It shall be unlawful for any person to remain upon the exterior premises of any private commercial property, including any parking area, when the business is closed, and the property is posted with at least one (1) sign at a pedestrian entry point prohibiting the presence of any person on the property during non-business hours. "Private commercial property" means any real property held, owned, or controlled by private interests and which is zoned by the City for any form of business enterprise, including, but not limited to, retail, office, commercial, industrial, or recreational purpose.

(c) Signage. The sign shall be a minimum size of seventeen (17) inches by twenty-two (22) inches and shall state:

"PRIVATE PROPERTY

Entrance to this property is limited to patrons only. It is a trespass and violation of law to remain on this property during non-business hours. (Tustin City Code section 6350(b))

Business Hours are:

( insert hours )"

(d) Scope and application. This section shall not apply to any person who has a bona fide intent to exercise an established constitutional right.

(Ord. No. 1412, Sec. II, 5-15-12)