A. 
No person, without permission, express or implied, of the owner, the owner's agent, or the person in lawful possession of business premises, shall enter upon such business premises after having been notified by the owner, the owner's agent, or the person in lawful possession thereof, to keep off or keep away therefrom, subject to the exceptions stated in this section.
B. 
No person shall remain upon any business premises after being notified by the owner, the owner's agent, or the person in lawful possession thereof to remove therefrom, subject to the exceptions stated in this section. Such revocation or withdrawal of permission to enter or to remain on business premises shall be in effect for a period of 24 hours after the owner, the owner's agent, or the person in lawful possession has given notice to remove therefrom.
C. 
Notice. This section shall not be operative unless the owner, the owner's agent, or the person in lawful possession of the business premises gives adequate notice to the person who is directed to leave. Such notice shall be given both verbally and in writing. The content of the notice shall be substantially as follows:
"I am the person in lawful possession (or agent thereof) of these premises. I demand that you leave these premises immediately and that you do not return for at least 24 hours. If you do not leave immediately or if you leave and return within 24 hours you will be trespassing, which is a violation of Section 9.35.010 of the Orange Municipal Code. You will be subject to arrest and prosecution."
The written notice shall be typewritten on white paper which shall be at least 8-1/2" by 5-1/2" in size. The written notice shall be delivered to the person to whom the demand to leave is made.
D. 
Exceptions. This section shall not apply when the person accused of violation of this section establishes that any of the following circumstances apply to his or her conduct:
1. 
Where its application results in or is coupled with an act prohibited by Civil Code Section 51, known as the Unruh Civil Rights Act, or any other provision of law relating to prohibiting discrimination against any person on account of sex, color, race, religion, creed, ancestry or national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.
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.
3. 
Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities.
4. 
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 offensive personal conduct.
5. 
Where the person who is on the 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 have available to them practical and effective civil remedies: disputes regarding title to or rights in real property; landlord-tenant disputes; 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.
E. 
Business Premises. The term "business premises" as used in this section shall refer to those portions of private property which are open to the general public for the benefit of the commercial or professional activities conducted thereon; excluding therefrom any property the use of which is primarily for single-family or multiple-family residential purposes or apartments, hotels, motels, and similar uses.
F. 
Enforcement. Enforcement of this section may be accomplished by: (1) the owner, the owner's agent, or the person in lawful possession of the business premises, under the provisions of California Penal Code Section 847(2) (arrest by private person); or by a peace officer at the scene in accordance with policies and procedures of the Orange Police Department or in such other manner as the Chief of Police may direct.
(Ord. 42-84; Ord. 03-25, 2/25/2025)