The goal of keeping our community safe and preventing crime is a community-wide effort that requires cooperation and partnership between businesses, residents, and law enforcement. By authorizing a 602 Trespass Authority waiver, you are taking an active role in protecting your business and ultimately preventing crime.
What is a 602 Waiver?
- A formal request by a business owner, property owner, or legal custodian to allow the Escondido Police Department to act as an agent on their behalf of the private property, with or without a call for service, of enforcing laws after proper warning has been issued against any person(s) found on the property without the owner's consent or without lawful purpose;
- An extremely useful tool that greatly improves the City’s and the Escondido Police Department’s ability to take appropriate action on undesirable trespassers;
- 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, prostitution, graffiti, or general trespasses are occurring when the staff is off-site or the location is closed;
- Must be renewed every 12 months to be effective per Penal Code section 602.
What are the Benefits of Authorizing 602 Waiver?
- Allows law enforcement to detain and discourage loitering and trespassing on your property.
- Gives law enforcement permission to enforce trespassing laws in your absence.
- Expedited response to calls for service.
- Reduced pressure on employees.
How Do I Participate?
- Complete the online form located here: English / Spanish
- Opt in through your business license application or business license renewal.
- A requirement of the 602 Trespass Authority is that property owners and/or property representatives are still required and expected to sign a Private Persons Arrest Form and follow through with the prosecution/court process in all incidents.
What Else Can I Do to Protect My Property?
In conjunction with this form, it is strongly suggested, although not required, that the property be posted with a sign indicating:
- Trespass Authority 602 has been filed with the Escondido Police Department;
- The address of the property; and
- The words "No Trespassing"
The sign should be no less than 18" X 24", ideally have a font legible from the nearest public street and not be readily accessible to vandals. Signs should be evenly spaced throughout the surrounding property boundaries covered by the Letter of Agency. View a Sample Sign
Penal Code 602 PC - California Trespassing Laws
Penal Code 602 PC is the California statute that defines the crime of criminal trespass. A person commits trespassing when he or she enters -- or remains on -- someone else's property without permission or a right to do so.
California trespass law sets out literally dozens of situations in which the offense of trespass may take place...some that are common, and some that are highly unusual.
Here are some examples of behavior that can lead to criminal trespass charges:
- Refusing to leave another person’s property upon the owner’s request;
- Unlawfully occupying another person’s property;
- Because of a personal grudge against a restaurant's owner, entering the restaurant and creating a disturbance that drives other patrons away; and
- Entering another person's unused garage without their consent, setting up a sleeping bag, and sleeping there for several nights.
In most cases, California trespass is a misdemeanor. This means it can lead to penalties of up to six (6) months in county jail and/or a fine of up to one thousand dollars ($1,000).
However, certain kinds of trespass in California law may lead only to infraction charges -- with penalties consisting only of a small fine.
Someone who commits "aggravated trespass" -- in which the person threatens to injure someone physically and then enters their home or workplace without permission, as in the third example above -- they may face felony trespass charges. This could mean a jail sentence of sixteen (16) months, or two (2) or three (3) years.