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Procedure 4282Santa Ana Police Department Santa Ana PD Procedures Manual Copyright Lexipol, LLC 2019/08/07, All Rights Reserved. Published with permission by Santa Ana Police DepartmentANTI-TRESPASSING PROGRAM - 1ANTI-TRESPASSING PROGRAM 4282.1 PURPOSE These procedures will familiarize officers with guidelines established for the implementation and enforcement of an anti-trespassing program designed to address trespassing that occurs on private property with public access. 4282.2 INTRODUCTION The Santa Ana Police Department is implementing an anti-trespassing program in response to an increased number of complaints from business owners regarding trespassing on private property parking lots. This program will enforce the provisions of Penal Code 602(k) to deter persons from loitering or congregating on private property without the consent of property owners. The program allows officers to act as agents of the property owner and lawfully detain suspected violators for identification and arrest when appropriate by enforcing trespass violations that occur on private commercial properties. Officers should review the Penal Code for the appropriate sections to use when residential property is involved. 4282.3 DEFINITIONS 4282.3.1 PENAL CODE 602(K) TRESPASS Entering any lands, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of the land, the owner's agent or by the person in lawful possession. Pursuant to Penal Code § 602(k) (Trespassing) a violation occurs when a subject enters private property for purposes other than which the property owner intended. Normally, the intended use is to conduct business with tenants at the property and not to interfere with the operations of the property owner. Interference with operations may include nightly cleaning of parking lots or the availability of parking to business patrons. When it has been determined a violation has occurred, the subject(s) can be detained for identification. An arrest can be made when the person, after being advised to leave by a police officer, remains on or returns to the property. Officers should take into consideration and use caution when persons on the property are soliciting charitable contributions or are conducting other lawful activities that are protected by the United States or California Constitutions. 4282.3.2 PENAL CODE 602(O) TRESPASS Refusing or failing to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that he or she is acting at the request of the owner, the owner’s agent, or the person in lawful possession, or (2) the owner, the owner’s agent, or the person in Santa Ana Police Department Santa Ana PD Procedures Manual ANTI-TRESPASSING PROGRAM Copyright Lexipol, LLC 2019/08/07, All Rights Reserved. Published with permission by Santa Ana Police DepartmentANTI-TRESPASSING PROGRAM - 2lawful possession. The owner, the owner’s agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested. 4282.4 PREPARATION FOR ENFORCEMENT Prior to enforcement, a Department member will contact affected property owners. Property owners wishing to have the SAPD personnel act as their agents to enforce trespass violations on their property will be expected to: 1.Post approved signs at all entrances and at various conspicuous locations within the parking lot. The sign should use contrasting colors and have 2” lettering (Signs must be in compliance with Penal Code 553(a). The sign should state the following: A."Warning Private Property: Entry to parking lot and building is for tenants and their clients only. Violators will be prosecuted. California Penal Code Section 602" 2.Business should have a universal sign posted that states the following: A.Business is ”Closed to the public” and the hours (Am/Pm) in which the business is closed. The posted sign should be clear and visible. See provided example of sign attached to the form as Appendix A. 3.Grant SAPD permission to act as their agent by requesting offenders leave the property. Permission can be in person or in writing if the owner is absent. Requests must be renewed every six months. See example of written request form attached as Appendix B. 4282.5 DOCUMENTATION OF LOCATIONS When a business or property owner requests to participate in the program and has complied with the requirements, an information report will be taken to document receipt of the signed letter and the name and contact information for the property. Subsequent letters received will be documented by a supplemental report using the original case number. A premise entry will be made for the address to advise officers the property is in compliance. 4282.6 CONTACTING SUSPECTED OFFENDERS Officers will respond to dispatched violations and observed violations. When an officer has reasonable suspicion, or develops reasonable suspicion during a consensual encounter, that the subject is trespassing, the officer may detain and identify the individual. Contacting a suspected trespasser is a valid detention for as reasonable amount of time it takes to complete this investigation. A record will be made of the subject’s ID, the advising officer’s ID, the time, and that the