ORD-42-84 PROHIBITING TRESSPASSING UPON BUSINESS PREMISESORDINANCE NO. 42-
84 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING CHAPTER 9.35
TO THE ORANGE MUNICIPAL CODE
PROHIBITING TRESPASSING UPON BUSINESS
PREMISES.WHEREAS, the owner of a business establishment may
not arbitrarily exclude or eject persons from premises which
are open to the public because these persons may have
certain Constitutional and other legal protections;
and WHEREAS, the owner of a business establishment
may,however, promulgate and enforce reasonable
deportment regulations which are rationally related to the
services performed and which do not interfere with Constitutional
and other legal rights of persons on the premises;
and WHEREAS, it is the purpose of this Ordinance to
establish and define the offense of trespassing upon business
premises;to set forth the exceptions under which the provisions
of this Ordinance shall not be applicable; and to state
the manner in which this Ordinance may be
enforced.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:Section
I:Chapter 9.35 is hereby added to the Orange
Municipal Code to read as
follows:CHAPTER 9.
35 TRESPASSING UPON BUSINESS
PREMISES 9.35.010 Trespassing upon Business Premises
Prohibited.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 owners agent, or the person
in lawful possession has given notice to remove
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 his agent) 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 conduct:
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 prohibiting discrimination
against any person on account of sex, color, race, religion,
creed, ancestry or national origin.
2. Where its application results in or its 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 ORD 42-
disputes: and instances wherein the person claims rights to
be present pursuant to order, decree or process of a court.
D. 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.E. 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 (arrest by private person): or (2) 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.
Section II:A summary of this Ordinance shall be published
and a certified copy of the full text of this Ordinance
shall be posted in the Office of the City Clerk at least
five (5)days prior to the City Council meeting at which
this Ordinance is to be adopted. A summary of this Ordinance shall
also be published once within fifteen (15) days after this
Ordinance's passage in the Orange City News, a newspaper
of general circulation, published and circulated in the City
of Orange.The City Clerk shall post in the Office of the City
Clerk a certified copy of the full text of such
adopted Ordinance along with the names of those City Council
members voting for and against the Ordinance in accordance
with Government Code Section 36933. This Ordinance shall take
effect thirty 30) days from and after the date of its
final passage.ADOPTED this 8th
day 1982-.,ayor of the C~ y
of
Orange ATTEST:C{{J;~
ti! ~~nge 3 -ORD 42-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing ordinance
was introduced at the regular meeting of the City Council
held on "the 18th day of December , 19 84, and
thereafter at a regular meeting of said City Council duly
held on the 8th day of Januarv , 19 85 was duly
passed and adopted by the following vote, to wit:
AYES:COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES:COUNCILMEN: NONE
ABSENT:COUNCILMEN: NONE
0u1t~~ Q ~
Ci ty Clerk 0 thetXi ty t?' Orange
ORD 42-84 4 -