(A) Purpose. To enable private owners of real property situated within the city and to which the public has some implicit right of access to exclude persons from that property where the person has committed a crime on the premises or violated the properly posted rules of conduct for the property.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMON AREAS. All areas of the property which are maintained for the common use of its tenants or the general public incidental to the conduct of the normal and legitimate activities upon the premises, including, but not limited to, parking lots and ramps, private roadways, reception areas, rotunda, waiting areas, hallways, restroom facilities, elevators, escalators and staircases.
COVERED PREMISES. Any improved real property, or portion thereof, to which the public has an implicit right of access including, but not limited to, places of worship, shopping malls, retail sales facilities, hotels, motels, nursing homes, restaurants, multiple-family residential buildings, hospitals, medical and dental offices, clubs, lodges, office buildings, banks and financial institutions, transit stations, athletic and recreational facilities, personal service establishments, theaters and day care facilities.
PROPERTY MANAGER. Any owner of a covered premises or the agent thereof who is authorized to exercise control over the property, including common areas. The term PROPERTY MANAGER includes any tenant who is an owner of the property or agent of the owner and authorized to exercise control over the property, including common areas.
TENANT. Any authorized occupant of a covered premises, or the agent thereof.
TRESPASS NOTICE. A written notice which contains minimally the following information:
(a) A verbatim copy of this section;
(b) The name, date of birth and address of the person to whom the notice is issued and the name of the person’s custodial parent or guardian where that person is a juvenile;
(c) A description of the specific conduct which serves as a basis for the notice’s issuance;
(d) A description of the specific property to which the trespass notice applies;
(e) The period during which the trespass notice is in effect, including the date of its expiration;
(f) The name, title and telephone number of a person with authority to modify, amend or rescind the trespass notice prior to its normal expiration; and
(g) The method by which the trespass notice was served upon the person to whom it was issued.
(C) Prohibited conduct.
(1) No person shall trespass in or upon any private property and, without claim of right, refuse to depart therefrom on demand of the property manager or tenant.
(2) No person who has been served with a trespass notice in conformity with this section shall enter the premises described therein during its effective period without the written permission of the issuing property manager or tenant or the authorized agent thereof named in the notice. Violation of the terms of the notice will result in criminal prosecution as a misdemeanor under state law.
(3) No person shall enter any area of private property in violation of conspicuously posted signs prohibiting or restricting access thereto, including, but not limited to, the following signs, “No Trespassing”, “Authorized Personnel Only”, “Private”, “Employees Only” and “Emergency Exit Only”.
(D) Issuance of trespass notice. A property manager or tenant may issue a trespass notice as provided under this section only under the following circumstances:
(1) Where there is probable cause to believe that the person has committed an act prohibited by state statute or city ordinance while on the covered premises, whether on common areas or a tenant’s space; or
(2) Where there is probable cause to believe that the person has violated the rules of conduct for the property which have been conspicuously posted at all public entrances to the property or have been personally provided to the person in writing by the property manager or tenant.
(E) Additional provisions.
(1) Where a trespass notice is issued by a tenant, who is not the property manager, the notice is effective only as to that portion of the premises over which the tenant is entitled to exercise control.
(2) No trespass notice shall be effective for more than one year from the date of its original issuance.
(3) All trespass notices issued pursuant to this section must be properly served upon the person named therein as follows:
(a) Personal service documented by either a receipt signed by the person to whom it was issued or a written statement of the issuer; and
(b) Where the person named in the trespass notice is arrested by a police officer for an act prohibited by state statute or city ordinance, the arresting officer may personally serve the notice on behalf of the property manager or tenant and so document that fact in the officer’s official police report detailing the incident.
(Ord. 2009-13, passed 7-14-2009; Ord. 2015-02, passed 2-25-2015) Penalty, see § 130.99