Victorville Municipal Code Ch. 13.28 Trespass

For the purpose of this chapter certain words and phrases and their derivatives shall be construed as specified in this section.

(1) Posted Property. The phrase "posted property" means any property specified in Section 13.28.020 which is posted in the manner provided in Section 13.28.030;

(2) Sign. The word "sign" means a board, placard or card not less than one square foot in area and upon which, in lettering not less than two inches in height, appear the words "Trespassing-Loitering Forbidden by Law."

(Ord. 173 (part), 1968: prior code § 4300)

Any property within the city may be posted against trespassing and loitering in the manner provided in Section 13.28.030, and thereby become posted property subject to the provisions of this chapter. The provisions hereof shall not apply to the following property:

(1) An established and existing right-of-way for public road purposes; or

(2) Any property which comes within the provisions of Section 554 of the Penal Code of the state.

(Ord. 173 (part), 1968: prior code § 4301)

Property may be posted against trespassing and loitering in the following manner:

(1) If the property does not contain any lineal dimension exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding one hundred feet, and, if such property has a definite entrance or entrances, at each such entrance;

(2) If the property has lineal dimensions exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding two hundred feet, and, if such property has a definite entrance or entrances, at each such entrance.

(Ord. 173 (part), 1968: prior code § 4302)

It is unlawful for any person to enter or remain on any posted property without the written permission of the owner, tenant, or occupant in legal possession or control thereof.

(Ord. 173 (part), 1968: prior code § 4303)

The provisions of this chapter shall not apply to the entry upon posted property in the course of duty of any peace officer or other fully authorized public employee.

(Ord. 173 (part), 1968: prior code § 4304)

The provisions of this chapter shall not apply to any lawful activity by which the public is informed of the existence of an alleged labor dispute.

(Ord. 173 (part), 1968: prior code § 4305)

The provisions of this chapter shall not apply to any person visiting or calling at the residence or place of business of another person for the purpose of transacting any legitimate business.

(Ord. 173 (part), 1968: prior code § 4306)

It is unlawful for any person without authority to tear down, deface or destroy any sign posted pursuant to this chapter.

(Ord. 173 (part), 1968: prior code § 4307)

No person shall loiter or stand in any public highway, alley, sidewalk, or crosswalk or other public way, or otherwise occupy any portion thereof within the city, in such a manner as unreasonably to annoy or molest any person thereon or as unreasonably to obstruct or interfere with the free passage of any person.

(Ord. 1189 § 1, 1988)

No person shall sit, lie or sleep in or upon any highway, alley, sidewalk or crosswalk or other public way within the city. The provisions of this section do not prohibit sitting upon a public highway, alley, sidewalk or crosswalk or other public way for pedestrian travel if:

(a) Necessitated by the physical disability of such person; or

(b) Viewing a legally conducted parade; or

(c) On a bench lawfully installed for such purposes.

(Ord. 1189 § 2, 1988)

No person shall loiter, stand, or sit in or at the entrance of any church, hall, a public business or place of public assemblage within the city so as to obstruct such entrance.

(Ord. 1189 § 3, 1988)

No person shall enter or remain upon any drive-in or takeout restaurant, automobile parking lot, shopping center property or any other place open to the public without the implied or expressed consent of the owner, his agent or person in lawful possession thereof, or with knowledge that such consent has been withdrawn, in such manner as unreasonably to annoy or molest any person thereon or as unreasonably to obstruct or interfere with the free passage of any vehicle or person. Nor shall any person drive a motor vehicle or remain in a motor vehicle on any drive-in or takeout restaurant, automobile parking lot, shopping center property or any other place open to the public without the implied or expressed consent of the owner, his agent or person in lawful possession thereof, or with knowledge that such consent has been withdrawn, so as to unreasonably annoy or molest any person thereon or as unreasonably to obstruct or interfere with the free passage of any vehicle or person.

(Ord. 1189 § 4, 1988)

It is unlawful for any person to remain on any private property or business premises after been notified by the owner or lessee or other person in charge thereof to remove therefrom.

(Ord. 1611 § 1, 1992)

It is unlawful for any person, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises, to enter upon such private property or business premises after having being notified by the owner or lessee or other person in charge thereof to keep off or keep away therefrom.

(Ord. 1611 § 2, 1992)

Within the meaning of Sections 13.28.140 and 13.28.150, notification by the owner or lessee or other person in charge of the property or premises may be satisfied by direct verbal communication by any such person or by his or her duly delegated agent, including a peace officer or private patrol officer, or by sign conspicuously posted on the property or premises giving notice of the prohibition of the particular form of trespass involved.

(Ord. 1611 § 3, 1992)

This chapter shall not apply in any of the following instances:

(1) Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act (which forbids a business establishment generally open to the public from unreasonably and arbitrarily excluding any prospective customer, and from practicing any racial or other prohibited discrimination);

(2) Where its application results in or is coupled with an act prohibited by any other provisions of law relating to unlawful discrimination against any person on account of color, race, religion, creed, ancestry or national origin;

(3) Where 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 duties of innkeepers and common carriers;

(4) Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

(5) Where its 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 conduct otherwise punishable criminally under such laws as Penal Code Section 647c (obstruction of a street, sidewalk, or other public area), or Penal Code Section 415 (disturbing the peace);

(6) Where the person who is upon another's private property or business premises is there under claim or color of legal right. This exception is applicable, but not limited to, the following types of situations involving disputes wherein the participants generally have civil remedies readily available to them: marital and post-marital disputes; child custody or visitation disputes; disputes regarding title to or rights in real 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; employer-employee disputes; business-type disputes such as those between partners; debtor-creditor disputes; and instances wherein the person claims rights to be present pursuant to order, decree or process of court.

(Ord. 1611 § 4, 1992)