Not knowing what state you are in, my answers will be based on California law. Under California law,if a person is not authorized to be private property, they can be told to leave. If they do not or refuse to leave, then they have committed the crime of trespassing and local law enforcement can be called. If they leave when told, then no crime. Any property owner can post their property with "No Trespassing" signs and certain property must post signs every so many feet. Even posted as such, it still takes a property owner or authorized representative to order the people to leave. However, property owners or authorized representative can send a letter to the appropriate law enforcement agency or agencies stating anyone found on the property, say between 6 PM to 6 AM is not authorized and law enforcement can order them off or arrest. This same authority to removed can be provided to a private security patrol.
Property owners have a lot of latitude in ordering people off their property or banning them.
We had a volunteer who violated two policies - Bringing an unauthorized person (his minor child) into a work space and using an aircraft engine hoist without authorization/permission. He put his son in a rock climbing harness and raised him off the floor with the engine hoist. Unfortunately the son fell, suffered a head injury and died. The father/volunteer was instructed (verbal) to remain away from the Museum's property during the resulting civil suits. He continued to show up for some events and on his own. After discussing it with me, the Executive Director and I met with the gentleman. He was given a written letter outlining what had taken place and previous stay-away instructions. The letter ended with written instructions to stay-away and some additional conditions. The Exec Director, myself and the volunteer signed the letter with the date he received a copy. However, he felt that order only applied if has doing Museum activities. He continued to come to the Museum based on his relationship with other organizations he was affiliated with . So I had to prepare a second letter "banning" him from ever being on any property of the Museum, in any capacity, with any organization. A second in person meeting was held and the letter was issued.
He was never exhibited aggressive or inappropriate behavior beyond the fatal incident. Just a lack of understanding or unwilling to accept. Between his two letters, we were dropped from both his and his former wife's law suits. He still is banned.
You wrote about criminal activities on Museum property. You can use that as a basis. You don;t need to have an arrest or trial. Banning the person is an administrative action which requires less proof then a criminal action. But you should have some type of documentation such at witness statements, photos, etc.
If you have any questions, feel free to contact me.
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Raymond Meyer
Safety-Security Manager
Aerospace Museum of California
McClellan, CA 95652
safety-security@aerospaceca.org------------------------------
Original Message:
Sent: 02-24-2017 03:50 PM
From: Pamela Riles
Subject: No Trespass Policy