INDEPENDENCE POLICE DEPARTMENT

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Presentation transcript:

INDEPENDENCE POLICE DEPARTMENT Frequently Asked Questions: Does participating in the TLC Program mean that my property receives extra patrol? No. Your signed consent authorized officers to take trespass enforcement action on your behalf. The police department must first be notified of the situation by a neighbor or concerned citizen, for example, in order to respond to the scene. What happens if you arrest someone based on my signed letter? In some cases, officers are able to resolve trespass complaints without arresting the involved subject. However, there are situations where the officer has no choice but to cite or arrest an alleged offender. In those instances, you will be expected to participate in any resulting legal action. What happens if I change my mind or sell my property? If the status of your property changes in any way, you must notify the police department as soon as possible and arrange for your trespass letter of consent to be updated or removed from our files. How do I renew my TLC? The TLC expires one year from the first day of the month in which the authorization was granted. It is the property owner’s responsibility to submit a renewal application. Applications are available at the Independence Police Department or online at www.ci.independence.or.us/police. What else do I need to do? In addition to your consent letter, your property must be posted with signs stating “No Trespass” and include a reference to Oregon Revised Statute “ORS 164.245.” Do not add any other verbiage to the sign. Oregon Revised Statute – ORS 164.245 Criminal Trespass in the 2nd Degree A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises. Criminal trespass in the second degree is a Class C misdemeanor. ORS 164.245 DEFINITIONS As used in ORS 164.245: A Enter or remain unlawfully means: 1. To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the entrant in not otherwise licensed or priv- eleged to do so; 2. To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge; 3. To enter premises that are open to the public after being lawfully directed not to enter the premises; or 4. To enter or remain in a motor vehicle when the entrant is not authorized to do so. B Premises include any building and any real property, whether privately or publicly owned. INDEPENDENCE POLICE DEPARTMENT 555 S. Main St. Independence, OR 97351 Phone: 503-838-1214 INDEPENDENCE POLICE DEPARTMENT TRESPASS LETTER OF CONSENT PROGRAM PROTECT YOUR PROPERTY

INITIAL APPLICATION RENEWAL APPLICATION What is a Trespass Letter of Consent? A Trespass Letter of Consent (TLC) is a document which allows a police officer to take trespass enforcement action on your behalf without first contacting you. Police officers do not normally have the authority to go onto a private property, which is not open to the public, and remove individuals or request they leave the property. The consent or authority of the property owner or manager is needed. If an officer observes someone on private property when the business is closed or a problem is reported by someone who does not have the authority to sign a trespass complaint, the police department must first contact the person who is legally responsible for the property before taking any arrest action. A TLC gives Independence Police Officers permission to act on behalf of the property owner or manager in trespass situations, even if immediate contact with the property owner is not possible. Indicate which of the following statements describes your property to determine if it qualifies for a TLC: COMMERCIAL PROPERTY: Owner and occupant of a commercial property Non-occupant owner of a commercial property and acts as property manager Owner of a vacant commercial property Commercial property manager or person responsible for the property Person responsible for a property under construction (Note: The property must have an assigned street address) RESIDENTIAL PROPERTY: Owner of a vacant property Person responsible for a property under construction. (Note: The property must have MULTI-FAMILY HOUSING PROPERTY: Multi-family housing properties do not qualify for this program. If you have circumstances not addressed above, contact the Independence Police Department at 503-838-1214. If any of the above descriptions applies to your property, you may qualify for a TLC. Complete the application, provide an ink or certified digital signature, and return in person or by mail to the following: Independence Police Departent 555 S. Main St. Independence, OR 97351 Once your application is received it will be reviewed by staff. If upon review of the application, your property does not qualify or additional information is needed, you will be contacted by telephone. Be aware it may take up to two weeks to process your application. You will be notified by telephone upon application acceptance. REMEMBER: ONLY ONE ADDRESS PER TLC AMMPLICATION - - SCAN OR FACSIMILE COPIES NOT ACCEPTED BY THE COURT - TRESPASS LETTER OF CONSENT APPLICATION FOR OFFICE USE ONLY __________________ __________________________________________________ EXPIRATION DATE-MO/YR STREET ADDRESS PERMIT NO.    _________________________ _________________________________________________________________________ DATE ENTERED ENTERED BY INITIAL APPLICATION RENEWAL APPLICATION PROPERTY NAME INDEPENDENCE, OR 97351 PROPERTY ADDRESS BUSINESS PHONE AFTER HOURS PHONE APPLICANT NAME DATE OF BIRTH __________ MAILING ADDRESS, IF DIFFERENT THAN ABOVE CITY ZIP HOME PHONE BUSINESS PHONE CELL PHONE EMAIL ADDRESS   INITIAL APPLICATION RENEWAL APPLICATION OWNER NAME DATE OF BIRTH INDEPENDENCE, OR 97351 PROPERTY ADDRESS BUSINESS PHONE AFTER HOURS PHONE MAILING ADDRESS, IF DIFFERENT THAN ABOVE CITY ZIP _ _____________________ HOME PHONE BUSINESS PHONE CELL PHONE EMAIL ADDRESS   By affixing my signature to this document I am identifying myself as the responsible party for the property listed above and do hereby designate each and every police officer employed by the City of Independence as my agent and representative for the purpose of enforcing ORS 164.245 of the Oregon Revised Statutes.   I further understand and agree that as the responsible party for the property, I will: Appear in a court of law for any proceedings related to the enforcement of this TLC. Notify any other occupants or tenants of my participation in the TLC program. Immediately notify the police department of any changes to property status. Unless revoked by the City of Independence, this authorization shall continue in force for one year from the first day of the month in which the authorization was granted. (e.g., an application approved on October 15 will expire October 1 of the following year.) APPLICANT SIGNATURE: DATE:   SECONDARY CONTACT FOR APPLICANT – REQUIRED SECONDARY CONTACT DATE OF BIRTH HOME PHONE BUSINESS PHONE CELL PHONE