San Jose Police Department - STOP Program

Stop Trespassing On Public/Private Property

What is the STOP Program?

San Jose Trespassing Enforcement Guidelines:

The San Jose Police Department offers police officers and property owners several tools to address trespassing and its associated problems.

For private property that is off-limits to the public, the STOP Program is a possible solution. Under certain circumstances, police officers can act as an agent for property owners and enforce trespass laws when the property owners are not on the property.

Section 602(o) of the Penal Code applies to private property only under the following circumstances:

• A private dwelling or an apartment building with gated or fenced areas that can only be accessed by the owner, tenants or persons entering at the request of the owner, manager or tenants.

• Commercial property that is enclosed by fencing, marked as closed, and off-limits to the public.

• A business that charges admission.

If your trespassing issue fits the above criteria, you can sign up for the STOP program by filling out a form (see link below) authorizing police officers to enter your closed, private property to enforce applicable trespass or criminal laws.

Signing Up for the S.T.O.P. Program

The San Jose Police Department's Stop Trespassing on Private Property (S.T.O.P.) Program was instituted several years ago to assist private and commercial property owners in dealing with chronic or nuisance trespassing problems.

The ultimate goal of the program is to collaborate with property owners or their agents, the San Jose Police Department, and the City of San Jose to alleviate repetitive encroachment on property by known individuals.

In order to achieve this, property owners are asked to sign up for the S.T.O.P. program by completing a simple application. Due to legal restrictions, this application process may need to be completed every year.

To help us process your application please follow these instructions when filling out the S.T.O.P. Program Application Form:

• Complete owner/agent information

• If you have areas of your property that are obviously off limits to the public (i.e. fenced or gated) and is posted as closed to the public, initial the paragraph on the form that refers to California Penal Code Section 602(o) and a one year period. This allows officers to act as your agent in enforcing California Penal Code laws in areas that are obviously closed to the public only. These applications may be renewed annually to enforce 602 (o) PC.

Whether or not your property is in the S.T.O.P. program, officers may still assist you by issuing a Trespass Violation and Stay Away Notice (Form 203-A) to a trespasser. This must be done at the direction of the property owner or agent at the time of the trespass. This information is recorded and is able to be retrieved by officers in the field for future enforcement under San Jose Municipal Code 10.20.140(B).

To sign up for the STOP program review the instructions and then:

• sign and date the S.T.O.P. Program Application
• send the completed form to:

San Jose Police Department
STOP Program Coordinator
201 W. Mission Street
San Jose, CA 95110

If your trespassing problem does not fall into the above circumstance, there are still ways for the police to help. Call (408) 277-8900 for non-emergencies AND ask to have the person(s) removed from your property. At your direction, officers can issue a “San Jose Police Department Trespass Violation and Stay Away Notice.” This is the first step to enforcing San Jose Municipal Code 10.20.140(B) . If the offender(s) return to your private property the person can be arrested and/or cited.

This municipal code can be enforced under the following conditions:

• An unwanted trespasser is on private property.
• A property owner, tenant or resident calls police and asks to have a Trespass Violation and Stay Away Notice issued to the offender.
• The parties are not involved in Lawful labor union activities permitted by state or federal labor law.
• The parties are not involved in lawful free speech activities protected by the California or United States Constitution.

If you have any further questions regarding trespassing contact the STOP Program using our contact form.

https://sjpd.org/services/automated-services/contact-form?topic=S.T.O.P. (Trespassing) Program