No person shall remain upon any business premises after being
notified by the owner, lessee, other person in charge, or by a Peace
Officer acting at the request of the owner, owner's agent, or lessee
to remove himself or herself from the premises.
(Ord. 3628 § 1, 2003)
No person, without the express written permission of the owner,
lessee, or other person in charge of the business, shall enter upon
the premises after having been notified in writing by the owner, lessee,
or other person in charge, to keep off or keep away from the premises.
Such person may be excluded from the business premises for a period
up to one year.
(Ord. 3628 § 1, 2003)
No provision of Sections
10-38.010 and
10-38.020 shall apply in any of the following instances:
(A) When its application results in, or is coupled with, any act prohibited
by the Unruh Civil Rights Act, or any other provision of law relating
to prohibited discrimination against any person on account of sex,
color, race, religion, creed, ancestry, national origin, disability,
or medical condition.
(B) When 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.
(C) When its application would result in an interference with, or inhibition
of, peaceful labor picketing or other lawful labor activities protected
by the rules, regulations or decisions under the National Labor Relations
Act.
(D) When its application would result in an interference with, or inhibition
of, any other exercise of constitutionally protected right of freedom
of speech, such as, but not limited to, peaceful expressions of political
or religious opinion, as required by decisions under the Constitutions
of the United States or the State of California.
(E) When any tenant, subtenant, lessee, sublessee or assignee, has a
lawful occupancy interest in a residential dwelling.
(Ord. 3628 § 1, 2003)
For purposes of this chapter, a "business" includes, but is
not limited to, offices, retail and wholesale businesses, and commercial
businesses, but does not include any interest in a residential dwelling.
(Ord. 3628 § 1, 2003)
Before the Police Department may enforce the provisions of this
chapter, the owner or lessee of the business premises shall submit
a written policy governing the grounds for expulsion from the premises
to the Santa Rosa Police Department. This written policy must be reviewed
and approved by the Police Department prior to enforcement of this
chapter.
(Ord. 3628 § 1, 2003)
Every person who violates any provision of this chapter is guilty
of a misdemeanor.
(Ord. 3628 § 1, 2003)