HomeMy WebLinkAbout092-86 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In The Matter of: )
)
Prohibiting Trespasses On ) ORDINANCE NO. 92
Private Property or Business )
Premises )
)
The City Council of the City of Danville DOES ORDAIN as
follows:
SECTION 1. A new Chapter 8 is added to Title 7 (Health,
Safety and Welfare) of the Municipal Code to read as follows:
"Chapter 8
Trespass on Private Property
Section 7-801. Prohibited Activity
Section 7-802. Exceptions to Prohibited Activity
Section 7-803. Penalty
Section 7-801. Prohibited Activity.
(a) No person may remain upon private property or business
premises after being requested to leave the property by the
owner, lessee or other person in charge of the proper~y.
(b) No person, without the express or implied permission of
the owner, lessee or other person in charge of private property
or business premises, may enter upon such property after being
requested by the owner, lessee or other person in charge of the
property to keep off or'keep away from the property.
Section 7-802. ExceDtions to Prohibited Activity.
Section 7-801 does not apply in the following instances:
(1) where its application results in or is coupled with an
act prohibited by the Unruh Civil Rights Act or other provision
of law relating to prohibited discrimination against a person on
account of color, race, religion, creed, ancestry or national
origin;
(2) where its application results in or is coupled with an
act prohibited by section 365 of the California Penal Code or
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 activity;
(4) where its application would result in an interference
with or inhibition of the exercise of the constitutionally
protected right of freedom of speech, including but not limited
to peaceful expressions of political or religious opinions not
involving conduct proscribed by sections 415 or 647c of the
California Penal Code; or
(5) where the person who is upon another's private property
or business premises is there under claim or color of legal
right. This exception applies to the following types of
situations involving a dispute where the participants have
available practical and effective civil remedies: marital and
post-marital dispute; child custody or visitation dispute;
dispute regarding title to or rights in real property;
landlord-tenant dispute; dispute between members of the same
family or between persons residing upon the property concerned
up until the time of the dispute; employer-employee dispute;
business dispute such as those between partners; debtor-creditor
dispute; or other instance where the person claims a right to be
present under an order, decree or process of a court.
Section 7-803. Penalty.
A person who violates Section 7-801 is guilty of a
misdemeanor."
SECTION 2. Publication.
The City Clerk shall have this ordinance published once
within 15 days after adoption in a newspaper of general
circulation.
SECTION 3. Effective Date.
This ordinance becomes effective 30 days after its adoption.
The foregoing ordinance was introduced at a meeting of the
City Council of the City of Danville held on June 16
1986, and was adopted and ordered published at a meeting of the
Council held on July 7 , 1986, by the following
vote:
AYES: Kennett, McNeely, Schlendorf
NOES: None
ABSENT: Lane, Offenhartz ~ /~~~.~
MAYOR ~'
ATTEST:
/
CITY CLERK , >~