Law enforcement officers do not normally have the authority to go onto private property, which is not open to the public, and remove individuals or request them to leave without the consent or authority of the property owner. If an officer observes someone on private property when the business is closed, or a problem is reported by someone who does not have the authority to sign a trespass complaint, the officer must contact the person who is legally responsible for the property. If you are encountering trespassing issues on your property, the Sheriff’s Office offers a “No Trespass Sacramento County Code 9.80.010 and Penal Code 602” Letter of Agency (LOA) program that allows deputies to respond to your property and address trespass complaints without you needing to be present every time. This is an extremely useful tool and is strongly recommended for vacant properties, vacant lots, businesses or any properties upon which public nuisance activity and/or crime problems, including transient activity, drug activity, graffiti, or general trespass, are occurring.
Submitting a Letter of Agency request form with the Sacramento County Sheriff’s Office gives deputies permission to act on behalf of the property owner or manager in trespass situations. In addition, deputies who observe trespassers on private property can address the problem immediately, rather than having to wait, contact a property owner or manager, if one can be located, or take no action at all. A Notarized Letter of Agency will need to be filed with the Sacramento County Sheriff's Office. Email HOTLOA@SACSHERIFF.COM to receive the form. Note: Person(s) signing and submitting the LOA form will fully cooperate in subsequent prosecution. If a property owner/agent is present before officers arrive, and the person trespassing is still on the premises, they will need to place the trespassing party under Citizen’s Arrest. The Sacramento County Sheriff’s Office reserves the right to refuse any agency letter or revoke the agreement at any time. The Sacramento County Sheriff’s Office will provide free notary services at 4510 Orange Grove Avenue only on a limited basis. If you would like to utilize our notary service, please click on the button below to schedule an appointment.
Yes, per section 602(o) of the California Penal Code, in order to be enforceable, this letter must be renewed every year (12 months) if the property is posted. Please note it will be your responsibility to send in updates in a timely manner. It is the property owner’s responsibility to keep a current form on file with the Sheriff’s Office. Completed forms can be mailed or hand delivered to the front counter at the Sacramento County Sheriff’s Office located at 4510 Orange Grove Avenue, Sacramento, California 95841.
Below is a guideline to assist property owners. It is reasonable to say that by placing a no trespassing sign on your property, you are trying to deter someone from entering your property. The size or frequency of the signs should reflect the environment you are attempting to protect. The Sacramento County Sheriff’s Office recommends a sign no less than 8.5" X 11", ideally have a font legible from the nearest public street (at least 1-inch block lettering) and not be readily accessible to vandals. Larger signs, such as 2.5 feet by 3.5 feet, may provide a greater level of deterrence where appropriate. Signs should be visible from all entrances to your business and/or property to be effective and enforceable.
Sign verbiage should read the following:
NO TRESPASSING PRIVATE PROPERTY VIOLATORS WILL BE PROSECUTED PURSUANT TO Sacramento County Code 9.80.010 and Penal Code 602
Only businesses in the unincorporated areas of Sacramento County are eligible. Residential rental properties are not eligible for this program.
Generally, a person commits the offense of trespass if the person enters or remains unlawfully in or upon premises when such premises is not open to the public; or the person fails to leave premises that are open to the public after being lawfully directed to do so by the person in charge.
In most cases, deputies are able to resolve trespass complaints without arresting the involved subject. However, there are situations where the officer has no choice, but to cite or arrest an offender. In those instances, you will be expected to be available for any resulting court action.
In addition to filing the trespass letter, your property must be posted with “No Trespassing” signs.
For any further questions please contact the LOA Assistance Team by email at HOTLOA@SACSHERIFF.COM.
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