Avoid Unwanted Visitors On Your Property
Recent reports of potential incidents involving drone and human trespass on livestock facilities prompted industry requests for an update. Below are highlights addressing how producers can protect their facilities from such incursions.
While options for activists who remain in public right-of-way are limited, there are still several actions producers can take to protect themselves and their property. Producers should also be aware that activists have impersonated government employees, allied industry, job applicants and even teachers requesting educational farm tours.
Post Your Property - "No Trespassing" signs should be "displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land."
This allows county district attorneys to fully prosecute trespass as a misdemeanor rather than as an infraction. Under California Penal Code §602(h)(3), such a misdemeanor conviction is punishable by fines of up $1,000 and/or six months in jail.
To limit success of trespassers from using the "I didn't see the sign" defense, some in law enforcement recommend positioning sufficient signage so it can be seen from any point at the property border.
Immediately Call the Sheriff - When alerted to the presence of trespassers, employees should immediately contact the local sheriff or police department. If employees are uncomfortable contacting law enforcement themselves, they should be trained and empowered to contact the farm's owner and manager. Consider also letting your county Farm Bureau know of the incident.
Don't Engage - Activists cherish video footage of angry farmers to use for publicity and fundraising, so resist the urge to confront or debate trespassers. Photos of trespassers, vehicles and license plates, however, can be useful later in court and alert the dairy community.
Advise Law Enforcement - A frequent ploy of activist trespassers is to attempt to confuse law enforcement by claiming authority to trespass in the context of an "open rescue" for abandoned or mistreated animals. No such authority exists as was clearly demonstrated by the recent conviction of a animal liberation activist of felony conspiracy and misdemeanor counts of trespassing on a Sonoma County poultry facility.
Check Credentials - For safety and biosecurity reasons, virtually all legitimate government agencies will arrange farm visits in advance. The identification credentials of any unfamiliar or unexpected government employee should be scrutinized, photographed and confirmed by phone call to the agency's main office.
Employ Vigilance in Hiring - Activists making false inquiries about employment is a persistent problem. A California Dairy Quality Assurance Program newsletter article, Vigilance in Your Hiring Process, highlights important precautions to identify an activist intent on collecting undercover video recordings.
In collaboration with our law enforcement partners, CDQAP has developed an infographic that highlights the most important farm security practices. CDQAP's webpage, Dealing with Trespass and Drones on California Dairies, provides more comprehensive information on how to most effectively assist law enforcement.
Staff contact: Steven Fenaroli, sfenaroli@cfbf.com.
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