Category Archives: trespass

The Notice

The trespass notice from the Marietta Police. 

Eviction Notice by MPD

Actually, Marietta has no local law regarding trespassing.   There is a state law (cited above) that reads as follows:

Trespass – O.C.G.A. 16-7-21

A person commits criminal trespass when he does one of five things: 1) intentionally causes damage to the property of another without his consent and the damage is less than $500.00; 2) knowingly and maliciously interferes with possession or use of the property of another; 3) enters upon the property of another person for any unlawful purpose; 4) enters upon the property of another person after receiving notice from the owner that such entry is forbidden; or 5) remains upon the property of another person after receiving notice from the owner to depart.

Punishment: Misdemeanor, with up to 12 months to serve.

I’m certain that the property owner has the right to forbid entry to anyone and to demand that they leave at any time if already there.  That is as it should be.  Owners putting up trespass signs is also normal practice.   Trash removal is not part of the trespass law.  Who can say who put the trash there over a period of years?

But I don’t understand.  The owner was never present and the first 3 don’t seem to apply.  I would like to see one of these owner/police agreements to see whether the police were made agents of the owner and also know if any of the owners ever saw the notice or understood how the agreement would be used.   I know that refusal to obey a direct order to a policeman will get you in a heap of trouble, but this?  

I think I remember once signing such an agreement many years ago because there were hoods selling CDs in my parking lot that would leave only after I asked them to, then would come back.  The police would not do anything in my absence without the agreement.  I would never in this world approve it being used to evict the homeless.