(A) Purpose. The purpose of this section is to allow an owner of real property to which the public has some implicit right of access to exclude a person from that property if the person has committed a crime on the property or has violated the properly posted or otherwise provided 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.
COVERED PREMISES. Any improved real property, or portion thereof, within the city, 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 dwellings, 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.
PRIVATE AREAS. Areas within the covered premises not normally accessible to members of the public without explicit permission of the person in direct control of the area, including, but not limited to, individual apartment units, employee rest areas and facilities, banquet halls, meeting rooms and private offices.
PRIVATE COMMON AREAS. Other common areas within the covered premises normally within the exclusive control of a tenant but subject to reasonable regulations by the property manager, including, but not limited to, sales floors, store restroom facilities accessible to customers or clients, checkout lanes and customer service areas.
PROPERTY MANAGER. Any owner of a covered premises, or the agent of the owner or any tenant who is authorized by the owner to exercise control over the covered premises, including its public common areas.
PUBLIC COMMON AREAS. All areas of the covered premises, other than private common areas, maintained for the common use of its tenants or of the general public incidental to normal and legitimate activities upon the covered premises, including, but not limited to: the curtilage; parking lots and ramps; private roadways, sidewalks and walkways; recreational facilities; reception areas; rotundas; waiting areas; hallways; restroom facilities; elevators; escalators; and staircases.
TENANT. Any authorized occupant of a covered premises, or the agent thereof, but excluding an occupant of a domestic use, such as a renter or lessee of a dwelling or apartment, resident in a nursing home or a hotel or motel guest.
TRESPASS NOTICE. A written notice that contains minimally the following information:
(a) Verbatim copies 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 if the person is a juvenile;
(c) A description of the specific conduct that forms the basis for the issuance of the notice;
(d) A description of the specific covered premises or portion thereof to which the notice applies;
(e) The period during which the notice is in effect, including the date of its expiration;
(f) The name, title, address and telephone number of a person with authority to modify, amend or rescind the notice; and
(g) The method by which the notice was served upon the person to whom it was issued.
(C) Issuance of trespass notice. A property manager or tenant may issue a trespass notice to a person only if there is probable cause to believe the person has, no more than 30 days before the issuance of that notice:
(1) Committed an act prohibited by state statute or city ordinance while on the covered premises; or
(2) Violated any rule of conduct for the covered premises that has been conspicuously posted at all public entrances to the covered premises or that the property manager or tenant has provided to the person in writing.
(D) Coverage of trespass notice.
(1) If issued by a property manager, a trespass notice is effective only as to those public common areas and private areas within the property manager’s exclusive control, except that a trespass notice may also cover private areas provided the tenant or tenants in control of such areas have agreed in writing to be precluded from inviting onto the premises any person to whom a trespass notice has been issued under this section. Such a trespass notice must state that the tenant or tenants of the covered premises are precluded from inviting onto the covered premises any person to whom a trespass notice has been issued under this section.
(2) If issued by a tenant, the trespass notice is effective only as to those private common areas and private areas over which the tenant has control.
(3) A notice broader in coverage than authorized by this section shall not be invalid, but shall be valid to the extent authorized by this section.
(E) Prohibited conduct.
(1) No person shall trespass in or upon any covered premises of another and, without claim of right, refuse to depart therefrom on demand of the property manager or a tenant authorized to exercise control over the covered premises or portion involved.
(2) No person served with a trespass notice in conformity with this section shall enter in or upon the premises described therein during its effective period without the written permission of the notice issuer, agent or assign.
(3) No person shall enter any public facility, utility or grounds thereto, or any covered premises or portion thereof in violation of conspicuously posted signs prohibiting or restricting access thereto, including, but not limited to, the following: “No Trespassing,” “Authorized Personnel Only,” “Private,” “Employees Only,” “Emergency Exit Only.”
(F) Violations. Any person violating any of the provisions of this section is guilty of an infraction.
(G) Additional provisions.
(1) No trespass notice shall be effective for more than one year.
(2) 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 an affidavit of the issuer; or
(b) If the person is arrested or detained by a police officer, the officer may personally serve the notice on behalf of the property manager or tenant and document service in the officer’s official police report detailing the incident.
(Ord. 99-1, passed 2-8-1999) Penalty, see § 130.99