Questions Posted to "Ask a Dispatcher"
Q. I want to know if I have never "officially" been served any papers by a police officer/judge any papers. Can I be banned permanently from a "public place"? This is a mixed residential/business.
Dear Juneau Resident,
Sounds like you have worn out your welcome someplace, as some grandfathers would say. A verbal or written criminal trespass can come from anyone who is legitimately in charge of the property or a resident. A verbal "Get out and stay out" lasts for 24 hours. Once the 'un-invitation' is in writing then it's long term, and very likely will live forever in a police report.
JPD would recommend not pushing the issue to the point of being served paperwork, which would document a serious failure to read social cues and norms. Generally these bans are from people in charge of the property, the police and judges would only get involved if someone is not getting it when kicked out by someone in charge.
Think of any private property as someone's 'place', if it's a residence and it's my home of course I can control who is there. If it's a public place someone is in charge and that's his or her 'place'. Like with a house the person can say, 'You are outta here'.
The CBJ ordinance is as follows:
42.15.015 - Criminal trespass.
It is unlawful for a person to:
Without having been expressly or by implication invited to do so, enter or remain in or upon the premises or motor vehicle of another when the premises or motor vehicle, at the time of such entry or remaining, is not open to the public or when such person is not otherwise licensed or privileged to do so;
Fail to leave a private place or premises which is open to the public after being lawfully directed to do so by the person in charge;
To enter or to remain on premises open to the public within 24 hours of having been lawfully directed to leave such premises by the owner or person in charge unless an express invitation or permission to return to such premises has been given by the owner or any person in charge, or at any time, to enter or to remain on premises open to the public after having been lawfully ordered in writing not to enter such premises by the owner or person in charge unless the express invitation or permission to return to such premises has been given by the owner or any person in charge.
The following phrases used in this section have the meaning given as follows:
Lawfully directed. A person is lawfully directed to leave premises that are open to the public if that person has been directed to do so for any reason that is not prohibited by law.
Open to the public means premises which by their physical nature, function, custom, usage, notice, or lack thereof, or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.
Person in charge means a person, or any representative or employee thereof who has lawful control of premises by ownership, tenancy, official position, position of employment, or other legal relationship. The person in charge of a retail business establishment includes the owner, manager or other employee who has the authority or duty at the time to supervise the operation or security of the establishment. Any officer, head of a department, or employee of the municipality having supervisory authority or an employee designated by any of the foregoing is, with respect to persons other than superiors or other department heads, the person in charge of municipally owned premises on or in which he or she or subordinates exercise their official responsibilities.
Nothing in this section shall be construed to require the person in charge of any premises to give a person a reason for requesting the person to leave the premises; provided, however, the person in charge shall state such reason to a responding peace officer upon request.
Criminal trespass is:
A Class A misdemeanor if:
The premises entered or remained upon is a dwelling; or
If the person enters or remains on the premises with intent to commit a crime thereon.
A Class B misdemeanor if the premises entered or remained upon is not a dwelling.