Yuba City Municipal Code Ch. 25 Trespass on Private Property Prohibited

The following words and phrases shall have the following meanings when used in this Chapter 5.25:

(a) "Owner" means the actual owner of the private property, a lessee, or other person in charge of the private property or business premises.

(b) "Agent" means any person or organization expressly authorized by the owner of the private property or business premises to serve the notice of trespass.

(c) "Person" shall have the same definition as provided in Yuba City Municipal Code Section 1-313(m).

(d) "Private property" shall mean private property or business premises of the owner and property that is not owned by a public entity (e.g., the City of Yuba City).

(e) "Notice of trespass" means the verbal or written notice by the owner or agent to a person who is on private property indicating that such person is no longer permitted to be on the property. The record of notice of trespass shall be documented with the Yuba City Police Department as provided in this Chapter 5.25. The notice of trespass must contain the following:

(1) The address of the private property or business premises;

(2) The date and time such notice of trespass was given;

(3) The name of the owner or agent serving the notice of trespass; and

(4) The name and date of birth of the person being given the notice of trespass.

(Ord. No. 008-23, § 2, 5-6-2023)

(a) Except as provided under Section 5.25.030, it is unlawful for any person to enter or remain upon any private property or business premises after having received a notice of trespass from the owner or agent of private property to keep off or keep away therefrom. Such notification shall be served by the owner or agent to the person and shall be in the form of a notice of trespass.

(b) Prior to any enforcement of this Chapter 5.25 against any person receiving a notice of trespass, the notice of trespass shall be documented with the Yuba Police Department in the manner as prescribed by the Chief of Police. The Yuba Police Department may coordinate with the owner or agent of private property to deliver the notice of trespass.

(c) In addition to any other remedy or punishment available by any law, any person who violates this Chapter 5.25 is guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Further, violations of this Chapter 5.25 may also be enforced pursuant to Chapter 2 of Title 1 of the Yuba City Municipal Code.

(Ord. No. 008-23, § 2, 5-6-2023)

This Chapter 5.25 shall not apply in the following circumstances:

(a) Where the owner or agent rescinds a notice of trespass by the giving of written permission to enter or remain upon the private property or business premises, and, further, documenting such rescission with the Yuba Police Department in the manner prescribed by the Chief of Police. Such permission shall void the existing notice of trespass, and should the owner or agent want to exclude the person at a later time, that person shall be re-noticed pursuant to Section 5-25.020.

(b) Where its 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 on account of age, ancestry, color, disability, genetic information, gender (including gender identity and gender expression), marital status, medical condition, national origin, race, religion, sex, or sexual orientation.

(c) 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.

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

(e) Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech including, but not limited to, peaceful expressions of political or religious opinions not involving offensive personal conduct.

(f) Where the person who is upon another's private property or business premises is there under claim of legal right. This exception is applicable, but not limited to, to the following types of situations involving disputes where the participants have available to them practical and effective civil remedies:

(1) Marital and post-marital disputes;

(2) Child custody or visitation disputes;

(3) Disputes regarding title to or rights in real property;

(4) Landlord-tenant disputes;

(5) Disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute;

(6) Employer-employee disputes;

(7) Business-type disputes such as those between partners;

(8) Debtor-creditor disputes;

(9) Instances wherein the person claims rights to be present pursuant to order, decree or process of a court.

(g) Circumstances in which Chapter 23 of Title 5 of the Yuba City Municipal Code is applicable.

(h) Circumstances in which enforcement of this Chapter 5.25 is not permitted by applicable federal, State, or local law.

(Ord. No. 008-23, § 2, 5-6-2023)