POINT ARENA CITY COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM: III A
MEETING DATE: 9/15/2026
TITLE
Information Regarding Trespassing, Unlawful Camping, and Use of Letters of Agency
RECOMMENDED ACTION
Receive and file Trespassing and Unlawful Camping Report.
ANALYSIS
The City continues to receive questions regarding trespassing, unauthorized camping, and related enforcement issues on both public and private property. To help address these concerns, staff worked with the Mendocino County Sheriff's Office to identify available enforcement tools and clarify the roles of the City, property owners, and law enforcement.
For City-owned property, the City can support enforcement by clearly identifying areas that are closed to the public through signage, fencing, gates, and other access controls.
These measures help establish property restrictions and improve enforcement options.
For private property, trespassing complaints are most effective when made by the property owner, lawful possessor, or authorized agent. Property owners experiencing recurring issues should consider posting "No Trespassing" signs, maintaining clear visibility of their property, and working directly with the Sheriff's Office. One useful enforcement tool is a Letter of Agency. Under California Penal Code Section 602(o), a property owner or authorized representative may authorize the Sheriff's Office to act on their behalf when addressing trespassing on property that is closed to the public. This tool can be especially helpful for vacant properties, closed facilities, unused parcels, or locations experiencing recurring trespassing issues.
The City's trespassing guidance document outlines procedures for reporting unauthorized encampments and explains how the City, property owners, and the Sheriff's Office can work together to address ongoing concerns. Clear ownership, posted restrictions, and proper documentation provide law enforcement with the best opportunity for effective enforcement.
Residents frequently contact City Hall with concerns about trespassing, unlawful camping, suspicious activity, or other nuisance issues. Residents who wish to initiate a Code Enforcement investigation may contact City Hall by phone or email. To proceed with an investigation, a completed complaint form must be submitted to [email protected]. The complaint form includes an option for the complainant to remain anonymous.
However, to ensure incidents are documented accurately and addressed promptly, residents should report these concerns directly to the Mendocino County Sheriff's Office Dispatch. Direct reporting allows deputies to receive information firsthand, prioritize calls appropriately, and respond when necessary.
For emergencies, call 911. For Mendocino County Dispatch, call 707-463-4086.
FISCAL IMPACT
There is no direct fiscal impact associated with receiving and filing this report.
ATTACHMENTS
1. Trespassing and Unlawful Camping
2. Letter of Agency 2026
3. Complaint Form for Code Enforcement
CITY MANAGER SIGNATURE
_________________________________
Molly C. Haviland, City Manager
1 Trespassing and Unlawful Camping
Point Arena
Trespassing & Unlawful Camping
Prepared By Sergeant Juntz of Mendocino County Sheriff Office Purpose:
The following provides practical guidance for preventing and addressing unauthorized camping and trespassing within the City of Point Arena. The goal is to clearly establish property ownership and access restrictions, provide appropriate notice to the public, and ensure that the Sheriff's Office can respond effectively when violations occur.
City Property
For City-owned property where camping or public access is not authorized:
• Clearly establish which areas are open to the public and which are restricted. • Post appropriate signs, such as:
o NO TRESPASSING
o PROPERTY CLOSED – NO PUBLIC ACCESS
o AUTHORIZED PERSONNEL ONLY
• Clearly post hours when property is closed only during certain times. • Use fencing, gates, or other physical barriers where practical. • Consider a Letter of Agency/request for peace-officer assistance for City property that is closed to the public.
• Notify the Sheriff's Office when a new unauthorized encampment or trespassing problem is discovered.
• If people are currently present, advise dispatch of that information when calling. • If nobody is present, report the location anyway. Deputies can check the location when available.
Vegetation and Brush
Maintaining excessive brush, weeds, and vegetation can help deter unauthorized camping by reducing areas where individuals can remain concealed from roads, neighboring properties, and routine patrol.
Maintaining clear sightlines also makes it easier to identify new encampments and allows law enforcement and property owners to monitor the area more effectively.
Private Property
For trespassing or unauthorized camping on private property:
• The property owner, lawful possessor, or authorized agent should contact the Sheriff's Office.
• The property representative should be able to establish that:
o The property is private;
o The person does not have permission to be there; and
o The property representative wants law enforcement assistance. 2 Trespassing and Unlawful Camping
• Property owners experiencing recurring trespassing should consider a Letter of Agency with the Sheriff's Office.
• Encourage property owners to:
o Post NO TRESPASSING signs.
o Install or maintain fencing and gates where practical. o Maintain clear sightlines by controlling excessive vegetation. • If an encampment is discovered on private property, the property owner or authorized agent should contact the Sheriff's Office rather than relying on the City to act as the complaining party.
The City can assist a property owner in identifying the appropriate City process or agency, but the private property owner should be the complainant for trespassing occurring on private property.
Letter of Agency
A Letter of Agency can provide an important enforcement tool for City property and private property experiencing recurring trespassing.
Under Penal Code §602(o), an owner, owner's agent, or person in lawful possession can request peace-officer assistance regarding trespassing on property that is not open to the general public.
A Letter of Agency can be particularly useful for:
• Vacant property.
• Closed facilities.
• Unused parcels.
• Locations with recurring trespassing.
• Property where the owner or responsible representative is not routinely present.
The property owner or lawful representative should coordinate with the Sheriff's Office regarding the current Letter of Agency form and procedure.
When to Contact the Sheriff's Office
New Encampments
Notify the Sheriff's Office when a new unauthorized encampment is discovered on City property.
For private property, the property owner, lawful possessor, or authorized agent should contact MCSO.
Provide, when known:
• Exact location or best available description.
• Property ownership.
• Whether people are currently present.
• Whether the location appears to be actively occupied. • Any immediate safety concerns.
If people are present, advise dispatch of that fact and provide descriptions if safely available. 3 Trespassing and Unlawful Camping
If nobody is present, report the location anyway. Due to the extended drive time to Point Arena, deputies may not be able to respond immediately, but the location can be checked when a deputy is available.
For an emergency, immediate threat, violence, fire, or other emergency, call 911.
Mendocino County Dispatch:707-671-4594
Fences, Gates and Physical Barriers
Where practical:
• Install or repair fencing.
• Secure gates and access points.
• Use barriers to prevent vehicle access where appropriate. • Close obvious pedestrian access routes.
• Combine physical barriers with appropriate signage.
• Maintain vegetation to prevent concealed access points.
Public vs. Private Property
The fact that property is owned by the City does not automatically mean that a person is trespassing.
The important questions are:
• Is the property open to the public?
• Is the particular area closed or restricted?
• Does the person have permission or another lawful reason to be there? • Has the person been lawfully directed to leave?
• Is the person establishing or maintaining an unauthorized camp? • Is other criminal or municipal-code conduct occurring? The City's role is to establish and communicate its property-access rules.
The Sheriff's Office will investigate the circumstances and determine whether the facts support criminal enforcement.
Point Arena Municipal Code & California Law
Point Arena Municipal Code – Chapter 8.35
Chapter 8.35 addresses camping on both public and private property.
The ordinance defines "camp facilities" broadly to include tents, tent-like shelters, tarpaulins, huts, and temporary or permanent structures used for camping. §8.35.020 – Unlawful Camping
Generally prohibits camping or establishing, maintaining, operating, or occupying a campsite or camp facilities on:
4 Trespassing and Unlawful Camping
• Public parks;
• Sidewalks;
• Streets and roads, subject to specified exceptions;
• Other public property;
• Floodways;
• Private property, except where specifically permitted; and • Beaches contiguous to the Pacific Ocean.
The ordinance also prohibits establishing, maintaining, operating, or occupying camp facilities outside a vehicle.
§8.35.030 – Homeless Exemption
The ordinance contains an exemption for involuntary sitting, lying, or sleeping by a homeless person who has no reasonable access to alternative shelter.
The exemption has limitations. Among other things, it does not allow the person to establish, maintain, operate, or occupy camp facilities between 6:00 a.m. and 10:00 p.m., and limits the area that may be occupied.
The ordinance therefore distinguishes between basic involuntary sleeping and establishing or maintaining an actual campsite or camp facilities.
§8.35.040 – Storage of Personal Property
It is unlawful and a public nuisance to store or maintain camp paraphernalia on:
• Public property;
• A floodway; or
• Outside a structure on private property without the consent of the owner.
This may apply when large amounts of personal property, camping equipment, or other materials are accumulated at an unauthorized encampment.
§8.35.060 – Enforcement
The ordinance provides enforcement procedures concerning unlawful camping and removal of personal property.
§8.35.070 – Penalties
A first violation is an infraction. A second or subsequent violation is a misdemeanor, subject to the penalties specified in the ordinance. Each continuing day constitutes a separate offense.
Point Arena Municipal Code – Chapter 8.05
Nuisance Abatement
Chapter 8.05 provides the City with additional nuisance-abatement authority.
The ordinance identifies conditions including:
• Accumulations of dirt, litter, or debris;
• Trash and debris visible from public streets or adjoining property; • Hazardous excavations;
• Unsafe or structurally unsound buildings;
• Property conditions creating health or safety concerns; and • Other conditions that constitute a public nuisance.
5 Trespassing and Unlawful Camping
The City Manager or code compliance officer may initiate nuisance-abatement proceedings under the chapter.
This provides a potential City/code-enforcement pathway for property conditions associated with unauthorized encampments.
California Penal Code
§602(d) – Digging on Property
Penal Code §602(d) makes it trespass to dig, take, or carry away earth, soil, or stone from a lot within an incorporated city without the license of the owner or legal occupant. §602(o) – Refusal to Leave / Letter of Agency
Penal Code §602(o) addresses refusing or failing to leave property that is not open to the general public after being requested to leave by:
• A peace officer acting at the request of the owner, owner's agent, or person in lawful possession; or
• The owner, owner's agent, or person in lawful possession.
The statute also provides for a written request for peace-officer assistance for certain circumstances, including property that is closed to the public and properly posted.
This is the primary statute relevant to a Letter of Agency. §374.3 – Illegal Dumping
Penal Code §374.3 prohibits dumping or causing waste matter to be dumped on public property or on private property without the owner's consent, subject to statutory exceptions.
This may be relevant when trash or other waste is deposited at an unauthorized encampment.
Recommended Approach
City Property
Identify property → Establish access restrictions → Post signs → Use barriers/vegetation control → Letter of Agency → Notify MCSO of new encampments → MCSO investigates when available
Private Property
Property owner/agent identifies trespass → Post signs/barriers → Letter of Agency when appropriate → Owner/agent contacts MCSO → MCSO investigates Key Principle
The most effective approach is to focus on specific conduct occurring on specific property, rather than a person's status.
Clear property ownership, clear access restrictions, appropriate signage, physical barriers, and a Letter of Agency where appropriate give law enforcement the best opportunity to address recurring trespassing and unlawful camping.
This document is intended as practical law-enforcement guidance and should be reviewed by the Point Arena City Attorney for final municipal enforcement procedures.
LETTER OF AGENCY
(TRESPASS ARREST AUTHORIZATION)
951 Low Gap Road 707-463-4411
Ukiah, California 95482 Fax 707-468-3404
MATTHEW C. KENDALL
Sheriff-Coroner
Captain Jason B. Caudillo
Administrative Captain
Captain Quincy Cromer
Patrol Division Commander
Captain Gregory L. Van Patten
Corrections Division Commander
Date: ___________________
To: Mendocino County Sheriff’s Office
951 Low Gap Rd.
Ukiah, CA 95468
Location: _____________________________________________________________________ OWNER’S AUTHORIZATION FOR THE MENDOCINO COUNTY SHERIFF’S OFFICE TO ACT AS AGENT UNDER PENAL CODE SECTION 602(o)(1). 602(o) PC: Every person who willfully commits a trespass… is guilty of a misdemeanor.
Refusing or failing to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owner's agent, or the person in lawful possession, and upon being informed by the peace officer that he or she is acting at the request of the owner, the owner's agent, or the person in lawful possession, or (2) the owner, the owner's agent, or the person in lawful possession. The owner, the owner's agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer's assistance in dealing with a trespass is requested. However, a single request for a peace officer's assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owner's agent or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officer's assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. The requester shall inform the law enforcement agency to which the request was made, in writing, when the assistance is no longer desired, before the period not exceeding 12 months expires.
As the owner, manager, agent or tenant of the real property located at the above address, I __________________________ hereby authorize Deputies of the Mendocino County Sheriff’s Office to arrest, remove, or advise any person present on the property without lawful business, during the period from _________________ until _______________________. It is my intent, Mendocino County Sheriff’s Office 233 – Letter of Agency MCSO Page 2 of 2
MCSO FORM 233 – REV.07/22/2026
to cause arrest, removal or advisement of all persons under authority of Section 602(o)(1) of the California Penal Code. I have posted my property as closed per Penal Code Section 554.1.
I also acknowledge that in order to enforce this Penal Code Section, it is my duty to assist in the prosecution of all persons who trespass on my property, or who commit acts inconsistent with the peace and quiet of the community. This obligation includes testifying in open court if and when a case is to proceed to trial. By signing I acknowledge this document expires 12 months of issuance.
Owner’s Name: _______________________________________________________________ Address: _____________________________________________________________________ Signature: _______________________________________ Title: ________________________ Responsible Party: _______________________________ Phone: _______________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of ___________________)
On _________________, before me, (here insert name and title of the officer), personally appeared _____________________________________________________________________________________ ____________________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________
Notary Public Signature Notary Public Seal
CITY OF POINT ARENA
CODE ENFORCEMENT
451 School St. | PO Box 67 | Point Arena, CA 95468
(707) 882-2122 | pointarena.ca.gov
Notice of Complaint/Violation
After completing this document, please deliver to City Hall (Monday – Wednesday 9am3 pm), or mail to City of Point Arena PO Box 67 Point Arena CA 95468, or email to [email protected].
Date Submitted: ______________________
COMPLAINANT INFORMATION
(Anonymous complaints may limit follow-up or enforcement actions.) Name: ___________________________________________
Address: _________________________________________
Phone Number: ____________________________________
Email Address: ____________________________________
Preferred method of contact:
☐ Phone
☐ Email
☐ Mail
LOCATION OF COMPLAINT
Address or Location of Concern: ______________________
Nearest cross street or landmark: _______________________ Is this issue occurring on:
☐ Public Property
☐ Private Property
☐ City Street
☐ Parking Lot
☐ Other: _______________________
TYPE OF COMPLAINT
(Check all that apply)
☐ Unlawful Camping
☐ Overnight Vehicle Habitation
☐ Abandoned Vehicle
☐ Trash / Debris Accumulation
☐ Unsafe Structure
☐ Noise Disturbance
☐ Blocking Sidewalk or Right-of-Way
☐ Sewage / Sanitation Concerns
☐ Fire Hazard
☐ Animal Concerns
☐ Junk / Storage Violations
☐ Other: __________________________________
DESCRIPTION OF ISSUE
Please describe the issue in detail, including dates, times, number of vehicles or individuals involved, and any specific concerns for public health or safety:
VEHICLE INFORMATION (if applicable)
Vehicle Make/Model: _______________________________
Color: ___________________________________________
License Plate Number: _____________________________
State: ___________________________________________
Approximate Number of Vehicles: ____________________
DURATION OF ISSUE
How long has this issue been occurring?
☐ Less than 24 hours
☐ Several days
☐ More than one week
☐ Ongoing / Recurring
Approximate dates/times observed:
PUBLIC SAFETY CONCERNS
(Check any that apply)
☐ Blocking traffic or driveway
☐ Open flames or fire risk
☐ Human waste or sanitation concerns
☐ Aggressive behavior
☐ Drug activity suspected
☐ Children present
☐ Environmental concerns
☐ Other: __________________________________
SUPPORTING INFORMATION
Have photos or documentation been provided?
☐ Yes
☐ No
If yes, please attach to submission.
REPORTING TO LAW ENFORCEMENT
Has this issue also been reported to the Sheriff’s Department? ☐ Yes
☐ No
If yes:
Date Reported: ______________________
Case/Incident Number (if known): ______________________ Office use Only
Complaint Number: _____________
Date Sent to Code Officer: ________________Date Responded to: _____________ Status: Open ☐ Closed ☐