Trespassing issues are a recurring problem in our community. Much of this activity occurs when businesses are closed or residents are not at home. Police cannot take enforcement action without the property owner or agent signing a citation to confirm that trespass activity is occurring. Fortunately the law allows for the property owner to have this violation enforced whether the owner is present or not - around the clock.
This post will explain how to put that trespass authority into place for your property.
In order for peace officers to lawfully charge offenders with trespassing without property owners or agents of the property owners present, two elements must be in place. First, locations that are subject to this law must be clearly marked with notification of trespass. Second, a trespass letter of authority (LOA) must be on file with the police department.
The trespass letter of authority may be found on the police department’s website by clicking here. The form must be completed by the property owner/agent and filed with the police department. It must be updated annually. There is no charge for this service.
In addition, the area must be properly posted. The signage requirement can be found on the police department’s website by clicking here.
With these two elements in place, an officer patrolling can cite or arrest any person trespassing on your property without you or another person responsible for your property being present. There is no need for a person to be available by phone either. An officer can take action based solely upon the trespass letter and the posted signs.
Here are some photos of signs posted around the city:
Any questions? Give us a call at (831) 420-5870.