Trespass Letter of Authority

A Trespass Letter of Authority can be a powerful tool in keeping order in the city. It allows Ukiah Police department Officers to issue a citation, effect an arrest, or warn any person present on the property described in the letter. 

To fill out a Trespass Letter of Authority, please click the link below.
Trespass Letter of Authority

Please note that this form must be signed and witnessed by Ukiah Police Department Staff. Please fill out the form and then bring it in person to 300 Seminary Ave, Ukiah CA 95482 to have your signature witnessed.

Trespass Letter of Authority – sign requirements

 The property owner or his/her representative is responsible for posting the property.

It is recommended, although not required, that you document the posting by taking time-stamped pictures of the signs you posted. 

The signs must be posted at conspicuous entry points or regular intervals, or trails of entry for unfenced properties.  

Sample signage:

 signage


Trespass Letter of Authority
- Frequently Asked Questions

What is "criminal" trespass?

Criminal trespass is considered a misdemeanor offense according to the California Penal Code 602. In simple terms, it refers to the deliberate and unauthorized entry onto someone else's property with the intention to trespass. It is important to note that the individual must intend to trespass to be cited or arrested. Penal Code 602 serves as the primary state law governing trespass to real property. Section 602 provides comprehensive details on various crimes related to damaging, destroying, or removing specific property types, including timber, fixtures, soil, stone, signs, gates, or fences.

 

What is the purpose of the Trespass Letter of Authority and how does it help with the problem of unwanted people on my property?

The letter authorizes Ukiah Police Department officers to issue a citation, effect an arrest, or warn any person present on the property without lawful business during the specified 364-day period. The letter gives officers the power to enforce trespassing laws at the property when you are not there. Generally, without other corresponding criminal activity at the time of contact, the Trespass Letter of Authority will be enforced by citation, not by physical arrest of the offending party.

 

Why is the Trespass Letter of Authority only valid for 364 days?

California Penal Code Section 602(o) only allows a property owner, or person in lawful possession of the property to file a trespassing arrest authorization letter for a period not to exceed 12 months. The letter can be renewed yearly, as summarized in the following response. 

 

How do I renew the Trespass Letter of Authority? Will I receive a reminder when it's time to renew the authorization?

You can renew the letter every year, however the UPD will not send a notification that a letter is nearing expiration or has expired.

 

Failure to renew the letter will result in the authorization lapsing, rendering it invalid.

Additionally, the Trespass Letter of Authority expires when ownership of the property changes or when the person in lawful possession of the property changes.

 

Who is responsible for posting a sign on the property?

The property owner or his/her representative is responsible for posting the required signage on the property. It is recommended, although not required, that you document the posting by taking time-stamped pictures of the signs you posted. 

 

The signs must be posted at conspicuous entry points or regular intervals, or trails of entry for unfenced properties.  

 

Detailed sign specifications and appropriate wording can be accessed through the Letter of Authority section on the Ukiah Police Department's webpage. Alternatively, refer to Division 3, Chapter 7 of the Ukiah City Code for further signage information.

 

Why is including all my additional contacts on the Trespass Letter of Authority important?

The officer must be able to contact you or your designee when detaining the trespassing party to verify the occurrence of trespassing. Failure to reach you at the time of the trespass, which can happen at any hour, may result in the non-issuance of a citation, depending on the type of property involved. In the case of residential properties, the officer may request your presence at the scene of the trespass to issue a citation.

 

What can I do if someone continually causes problems at my property?

The Trespass Letter of Authority is not intended for use against a specific party; instead, its purpose is to be enforced against any and all individuals who trespass. This letter serves as a professional means of addressing unauthorized entry onto a property. 

 

Does the criminal trespass law apply when there is labor picketing or a political protest?

No, the criminal trespass law does not apply in cases involving peaceful labor picketing or political protests, as these activities are legally protected.