Fresno seeks to prosecute trespassing cases for public businesses

The City of Fresno is bolstering its toolbox to combat issues around the homeless on private and public property.

Fresno City Council Members Mike Karbassi, Garry Bredefeld, and Tyler Maxwell, along with city attorney Andrew Janz, held a news conference Tuesday to announce the proposal of an ordinance that would make it a misdemeanor to remain on private property open to the public after being requested to leave.

This proposal comes on the heels of the city council’s adoption of a no-camping ordinance that takes effect Sept. 15.

There is currently no city code in Fresno regarding trespassing on private property, only a state law which defines trespassing as deliberately entering or remaining on property without the owner’s permission.

Currently, trespassing cases would be prosecuted at the discretion of the Fresno County District Attorney office.

Similar to the camping ordinance, Janz office will prosecute these cases.

Bredefeld said this ordinance will ensure the rights of private property owners who do business with the public.

“This ordinance will assist us in meeting those responsibilities,” he said.

Karbassi, a business owner himself, said being homeless is not a crime, but there are certain behaviors committed by the unhoused that are a burden on small business owners.

He said business owners are facing inflation, increased insurance rates, and for years, have been dealing with homeless individuals harassing customers, workers, stealing, and defecating on their store fronts.

“I’m excited to come together with my colleagues to take one step to help small businesses and workers be able to take a little more control of what happens in their spaces,” Karbassi said.

He said issues regarding the unhoused could deter the public from shopping in Fresno, which could cost the city sales tax revenue.

Under California law, a trespassing conviction typically results in a misdemeanor, with a possible six months in county jail and a fine of up to $1,000.

However, trespassing can be charged as a misdemeanor or felony, depending on an individual’s severity of their case, and their criminal history.

The council’s ordinance will classify trespassing as a misdemeanor, with a conviction punishable of a fine not to exceed $1,000, imprisonment for a term not to exceed a year, or both.

Karbassi said they are acting upon the Supreme Court’s ruling regarding homeless encampments in public to hopefully push the unhoused to accept treatment programs.

Maxwell said he said many of the calls to his office are from city residents and business owners reporting incidents involving the homeless.

“Right now, if you’re a business owner, and in someplace like an outdoor strip mall, and there is someone sleeping in front of your business, acting strange, perhaps under the influence, yelling at people—you cannot call the police to have the individual removed if they refuse to leave,” he said.

Bredefeld said the councilmembers discussed the proposed ordinance with the Fresno Police Department, saying they support it.

Janz said that historically, with the state trespassing law, there have been issues for police officers when trying to perform an arrest, with many cases being thrown out.

There have been situations where the cases are dismissed for failure to prove that there were no trespassing signs, that the location was enclosed or not, or failure to prove there was an intent to interfere with the business, he said.

“Under the ordinance proposed, those requirements are removed, and these cases will come directly to the city attorney’s office,” Janz said.

The ordinance will come before the council at this Thursday’s meeting, and if adopted, will come into effect 30 days after the next meeting on Sept. 12.