Trespassing or not

Kleenex

If I lock my bicycle to a bike rack/rail (where other bikes are already locked) in a private apartment complex car-park where I am not a resident - am I trespassing?

While there are signs up saying car park is for residents only and non-residents will be clamped and have to pay a fine, what is my situation with a bicycle?

The apartment complex is managed by a management company but it was a resident who approached me giving out - though his main gripe seems to be with non residents parking their cars there.

Thanks

Zambia

Trespass on building, etc.

From
http://www.irishstatutebook.ie/1994/en/act/pub/0002/sec0013.html#sec13

13.—(1) It shall be an offence for a person, without reasonable excuse, to trespass on any building or the curtilage thereof in such a manner as causes or is likely to cause fear in another person.

(2) (a) Where a member of the Garda Síochána finds a person in a place to which subsection (1) relates and suspects, with reasonable cause, that such person is or has been acting in a manner contrary to the provisions of that subsection, then the member may direct the person so suspected to do either or both of the following, that is to say:

(i) desist from acting in such a manner, and

(ii) leave immediately the vicinity of the place concerned in a peaceable or orderly manner.

(b) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section.

(3) (a) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

(b) A person who is guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 6 months or to both.

I dont see any offence

seamus

Trespass is not a criminal offence, it is a civil one.

Trespass basically is entering onto property where you do not have a right (either expressly by invitation or implied) to be there.

Trespass only becomes a criminal offence if you are trespassing in order to commit a crime or you enter in a way which is likely to "cause fear in another person" - e.g. skulking around someone's garden at 4am.

As it's a civil matter, the property owner has the right to redress by taking the trespasser to court.
In your case, when calculating the costs it would be taken into account that your action of using the bike rack denies access to that facility by someone who is entitled to use it and also has long-term maintenance costs.

It would be a partial defence in your case if there are no gates controlling access to the facility and no signs mentioning that the area is private property.

The property owner would not have a right to remove your bike unless they can do so without causing any damage to it or the lock, nor could they forcefully remove you from the property without contacting the Gardai.

More technical thread here:
http://www.boards.ie/vbulletin/showthread.php?t=2055265252