Private Property Trespassing

Notice of trespass form

As business owners or single dwelling property owners you may need to trespass an individual from your property. This does not cover multi-family dwellings.  

Reasons for trespassing an individual may include:

• Unreasonable noise
• Violent or threatening behavior
• Interfering with the use of the property
• Littering
• Using alcohol or drugs
• Damaging the property
• Engaging in gang activity
• Committing a criminal activity
• Violating a Gresham Revised Code

How to trespass unwanted individuals

For a person to be cited, arrested and/or prosecuted for Criminal Trespass a two-step process must be followed. 

Step 1: Complete notice of trespass

If you have lawful control of a residence (e.g., property owner, business owner or lease holder) or are a representative of a person with lawful control of a residence and wish to trespass and individual from your property, complete a notice of trespass form.

The form should include:

• As much identifying information as possible, including the person's name, date of birth, ID number, address and physical description.
• Your name, title and signature.
• A photograph of the trespassed individual.
• The address that the trespassed individual is trespassed from.
• The date that the notice of trespass is given.
• Language notifying the trespassed individual that he or she is prohibited from entering or remaining on the premises and that if they enter or remain on the premises they may be cited and or arrested for Criminal Trespass II (ORS 164.245).
• The basis for trespassing the individual (e.g., unreasonable noise, threatening behavior, drug use, etc.).

The original Notice of Trespass form should be kept by the person who has lawful control of the premises.

Step 2: If the individual returns to the property

• If the trespassed individual returns to the property, call the non-emergency line at 503-823-3333 and follow the prompts.
• Provide a copy of the completed Notice of Trespass form to the responding police officer.
• Once verified, the officer will arrest and/or issue a citation to the trespassed individual for Criminal Trespass.
• The officer will provide you with a form and instructions for filing a complaint with the Multnomah County District Attorney's Office to move forward with possible prosecution.

Tips

• You may call the police to be present when you make initial contact with the individual you intend to trespass. The officer may facilitate gathering information and completing the Notice of Trespass. However, a police presence is not required for the process outlined above.
• Police officers respond to calls for service based on the priority of the call, and Criminal Trespass calls are not considered emergency calls. Officers will respond to Criminal Trespass calls as time and call load permits. There can be a delay in the response by an officer.
• Without a completed Notice of Trespass form, police officers will not arrest an individual for Criminal Trespass unless the person refuses to leave the premises in the officer’s presence.