City of Oakdale, CA Article X Remaining upon Private or Business Property After Being Requested to Leave – Penalty – Exceptions

§ 19-142 Remaining upon private or business property after being requested to leave – penalty – exceptions.

[Ord. No. 1164.]

(a) No person shall willfully remain upon any private property or business premises after being notified by the owner, lessee, or other person in charge thereof to leave.

(b) No person, without permission, expressed or implied, of the owner, lessee, or other person in charge of private property or business premises shall enter upon such private property or business premises after having been notified by the owner, lessee, or other person in charge thereof to keep off or to keep away therefrom.

(c) Notice. Such notification referred to in paragraphs (a) and (b) above may be oral or in the form of a written notice, posted in a conspicuous place, describing the specific area and hours in which persons are to keep off or to keep away.

(d) Penalty. Any person who shall violate any of the provisions of this section shall be guilty of an infraction, the penalty for which shall be a fine which shall be not less than fifty dollars nor more than five hundred dollars.

(e) Exceptions. This section 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 or any other provision of law relating to prohibited discrimination against any person; (2) 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; or (3) where its application would result in an interference with or inhibition of any exercise of a constitutionally protected right of freedom of speech or assembly.

§ 19-143 Remaining upon private or business property after being requested to leave – second offense within twenty-four hours –penalty – exceptions.

[Ord. No. 1164.]

(a) Any person who remains upon or returns to said property or business premises within twenty-four hours after violating and being cited for said violation of § 19-142 and who is again notified by the owner, lessee, or other person in charge of the property to leave, or by a police officer at the specific request of said person in charge, and who refuses to do so, shall be in violation of this section.

(b) Notice. Such notification referred to by owners, lessees, or other persons in charge of premises in paragraph (a) above may be oral or in the form of a written notice, posted in a conspicuous place, describing the specific area and hours in which persons are to keep off or to keep away.

(c) Penalty. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, the penalty for which shall be imprisonment in the county jail for a period not exceeding six months or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.

(d) Exceptions. This section 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 or any other provision of law relating to prohibited discrimination against any person; (2) 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; or (3) where its application would result in an interference with or inhibition of any exercise of a constitutionally protected right of freedom of speech or assembly.

§ 19-144 Remaining upon private or business property after being requested to leave – second offense within one hundred twenty days of conviction – penalty – exceptions.

[Ord. No. 1164.]

(a) Any person who remains upon or returns to said property or business premises within one hundred twenty days after violating and being cited for said violation of § 19-142 and who is again notified by the owner, lessee, or other person in charge of the property to leave, or by a police officer at the specific request of said person in charge, and who refuses to do so, shall be in violation of this section.

(b) Notice. Such notification referred to by owners, lessees or other persons in charge of premises in paragraph (a) above may be oral or in the form of a written notice, posted in a conspicuous place, describing the specific area and hours in which persons are to keep off or to keep away.

(c) Penalty. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, the penalty for which shall be a fine which shall be imprisoned in the county jail for a period not exceeding six months or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.

(d) Exceptions. This section 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 or any other provision of law relating to prohibited discrimination against any person; (2) 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; or (3) where its application would result in an interference with or inhibition of any exercise of a constitutionally protected right of freedom of speech or assembly.