Upland trespassing ordinance taking effect

An ordinance passed by the city council in reaction to slowly forming day labor site appears to be having an effect, according to Mayor John Pomierski.

"It's appeared to work very well," Pomierski said. "I have been by there myself and there's a very minimal impact from people standing around looking for work.

The increasing number of day labors congregating in the Home Depot parking lot on Mountain Ave. and 8^th Street has been a prominent topic of discussion during some city council meetings.

The issue was first brought up by local minuteman project members to the council in January.

"We're very pleased that the city of Upland took that stance," said Robin Hvidston, member of the minuteman project. "We feel like in the long run the property owner and home depot can perhaps come up with more specific plans that will really be able to utilize the ordinance to their advantage."

The ordinance amends the Upland Municipal Code adding Title 9, public peace and welfare, relative to trespassing on private property.

"It says yes you cannot congregate on private property unless you have the owner's permission and there are consequences if the owner doesn't want you there," Pomierski said. "He can tell you to leave now. With that ordinance in place the police can come enforce the ordinance, which is basically 'get off the owners property."

The ordinance, officially passed by the city council in March, is based on a similar ordinance passed in Lake Forrest and Mission Viejo, Pomierski said.

"That's been a worthwhile effort. - our attorney also represents Mission Viejo and I think that worked out very well," Pomierski said.

The courts have held it is unconstitutional to restrict a person soliciting work, on the public right of way, from any person traveling in a vehicle along the public right of way, according to the staff report.

The ordinance provides the property owner enhanced means to regulate trespassing on private property.

"The bottom line to that working is the owner, in this case Home Depot, coming out and telling people to get off their property or making phone calls, or giving them a warning and making a phone call," Pomierski said.