Trespassing
Police response to trespass complaints on business property
Upon the initial report, the responding police officer(s) will attempt to make contact the person and will typically issue a written warning. The warning prohibits the person from returning to your property for one year without your permission. If you report the same person for a second time, the person could be cited with a misdemeanor offense.
If an officer observes someone on private property, when the business is closed, or a problem is called in by someone who does not have the authority to sign a trespass complaint, Monroe Police Department must then contact the person who is legally responsible for the property.
Trespass Letter of Consent
As a follow up to reporting a person trespassing on your business property, you can file a Trespass Letter of Consent online with the Monroe Police Department that gives police officers permission to enforce trespassing laws on your behalf, even if you are not there.
Although trespass letters have no expiration date, if the status of the property changes in any way, we ask that you notify us as soon as possible and arrange for your trespass letter to be updated.
You may revoke the Trespass Letter of Consent by contacting the Monroe Police Department at police@monroewa.gov.
Post “No Trespassing” Signs
In addition to filing the trespass letter, your property must be posted with "No Trespassing" signs for immediate enforcement action. These signs should not include any language directed at loitering as there is no law that can be enforced regarding loitering. If there is not a "No Trespassing" sign present, the officer will issue a notice of trespass form for future enforcement.
Resources
- Monroe Municipal Code (MMC) 9.10.140 - Criminal Trespass
- City of Monroe “Trespassing, Panhandling & Unlawful Camping” brochure for businesses
- Revised Code of Washington (RCW) 9A.52.070 - Criminal Trespass in the First Degree - A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building.
- RCW 9A.52.010(3) - "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property.
- RCW 9A.52.080 - Criminal Trespass in the Second Degree - A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon the premises of another under circumstances not constituting criminal trespass in the first degree.
- RCW 9A.52.105 and 9A.52.115 also provide additional information regarding the removal of unauthorized persons.