Trespassing Enforcement Authorization

Penal Code 602(o)

Penal Code 602(o) provides for authorization only under two circumstances where done at the request of the landowner, the owner’s agent or person lawfully in possession of the property. (a) A request for a peace officer’s assistance may be made to cover a limited period of time not to exceed 30 days, identified by specific dates, during which there is a fire hazard or the owner, owner’s agent, or person in lawful possession is absent from the premises or property; or (b) a single request for a peace officer’s assistance may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. The requester shall inform the law enforcement agency when the assistance is no longer desired, before the period not exceeding 12 months expires. This form, when filled out completely and signed by the property owner or his/her agent or one in lawful possession, authorizes the Monterey County Sheriff’s Office to act to enforce trespassing laws. It limits the authorization to no more than 30 days per (a) above, or 12 months per (b) above, and states that the property must be closed to the public and posted as such. The owner must complete a new authorization each time the old one expires to keep the authorization in effect. This subdivision does not apply to persons engaged in lawful labor union activities which are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, by the federal National Labor Relations Act, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating any law or ordinance.