Police Department Policy

38 - V5-32 Trespassing

St. Petersburg PD

Policy Text
Revisions or additions are highlighted 1 (12/18/2024 ) ST. PETERSBURG POLICE DEPARTMENT GENERAL ORDER Subject: TRESPASSING Index as: Authorization for Limited Trespass Private Property, Trespass Form Blanket Trespass Public Property/Facility, Trespass Form City-Owned Property, Trespass Form Warning, Trespass Limited Trespass Authorization Accreditation Standards: Cross Reference: City Ordinances 20 -29 and 20-30; §§ 125.0231, 810.08 810.09 , 810.011, and 843.02, Florida Statutes Replaces : I.O. V.5:32, Trespassing ( November 29, 2023 ) This Order describes the procedures for the issuance of a Trespass Warning . It consists of the following sections: I. Purpose II. Policy III. Definitions IV. Considerations Before Issuing Trespass Warnings V. Trespass Warnings on Private Property – Procedures VI. Limited Trespass Auth ority (formerly Blanket Trespass) VII. Cancellation of a Limited Trespass Authorization VIII. Trespass Warnings – on City -Owned Property – Procedures IX. Departing Trespasser, Refusal to Disclose Identity X. Arrests for Trespass after Warning I. PURPOSE This Order establishes guidelines for issuing a Trespass Warning and describes how to use the Limited Trespass Authorization Form. II. POLICY A. It is the po licy of the Department to assist citizens, businesses, and City government in the capacity of a property owner, in maintaining a safe and healthy environment by issuing and enforcing a Trespass Warning . B. Nothing in this policy limits the authority of an officer to arrest any individual found upon any premises, public or private, that is conspicuously posted as “No Trespassing” by an Authorized Person, according to Florida Statutes. C. A Limited Trespass Authorization Form will be provided to an individual, upon their request, and when there is not a continuous presence of an Authorized Person on the private, property to issue a Trespass Warning . D. Under no circumstances will an officer issue a Trespass Warning to anyone based on race, color, national origin, religion, gender, marital status, age, disability, sexual orientatio n, genetic information, gender identity, or other protected categor y. DATE OF ISSUE EFFECTIVE DATE NUMBER April 2016 Immediately V.5:32 Distribution: All Employees Instructional Order V.5:32 Revisions or additions are highlighted 2 (12/18/2024 ) III. DEFINITIONS A. Authorized Person – 1. Any owner, lessee, agent, private management company, or 2. A Law Enforcement Officer whose department has received written authorization from the owner or lessee, or their agent, to communicate an order to depart the property in the case of a threat to public safety or welfare [810.08(3) and 810.09(3), F lorida Statutes]. B. Limited Trespass Authority – The written permission from an Authorized Person, granting the authority to an officer of the St. Petersburg Police Department to communicate an order to depart the property when there is a threat to public safety or welfare as specified on the State Attorney’s Victim/Witness Limited Authorization Trespass Form . C. City-Owned Property – City-Owned Property constitute s a facility, building, property, recreation center or outdoor area that is owned by the City of St. Petersburg . Some of these places include municipal parks, City Hall, public libraries, recreation centers, Al Lang Field, the Coliseum, etc. This does not include rights -of-way, sidewalks or alleys. D. Private Property – Private Property constitute s a facility, building , property or outdoor area that is NOT owned by the City of St. Petersburg. For the purpose s of this Order, this include s, but is not limited to , strip malls, shopping centers (such as Tyrone Square Mall, Sundial, Walmart, etc.). Also considered private pr operty are government - owned properties, such as the courthouse, a PSTA bus shelter or uncovered bench, Tropicana Field, Pinellas County Schools, etc. E. Trespass – As defined in sections 810.08 and 810.09, F lorida Statute s, the uninvited, unlicensed, and u nauthorized presence of an individual in or on the real property, structure or conveyance of another; or the continued presence of an individual having been previously licensed, invited, or authorized after being warned by the Authorized Person to depart o r in violation of the posted signage in accordance with section 810.011, F lorida Statute s. F. Trespass Warning – A communication from an Authorized Person to an undesired individual warning them to depart the property and to not return. G. Trespass Warning Form – A written communication by an officer, informing an individual that they are to depart from Private or City -Owned Property for a specified period of time, at the direction of an Authorized Person. IV. CONSIDERATIONS BEFORE ISSUING TRESPASS WARNINGS A. An officer must ensure that the individual requesting the Trespass Warning to be issued is an Authorized Person. 1. The tenant of either a residential or commercial property generally has sufficient authority over the

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