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.
