No person shall remain on any private property or business premises,
after being notified by the owner or lessee or other person in charge
thereof to remove therefrom.
(Prior code § 59.20; Ord. 914 § 3, 1971)
No person, without permission, express or implied, of the owner
or 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 or lessee or other person
in charge thereof to keep off or keep away therefrom.
(Prior code § 59.21; Ord. 914 § 3, 1971)
Within the meaning of Sections
11.64.010 and
11.64.020, 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 duly delegated agent, including a peace officer or private patrolman, or by sign conspicuously posted on the property or premises giving notice of the prohibition of the particular form of trespass involved.
(Prior code § 59.22; Ord. 914 § 3, 1971)
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 provision 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); or
(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 suitable
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 a court.
(Prior code § 59.23; Ord. 914 § 3 (part) 1971)