The Omaha Police Department will assist property owners in removing disruptive or criminal individuals from their property. In some circumstances, property owners have repeated problems with the same individuals. This interferes with the property owner's right to enjoy his or her property and/or conduct business on that property.
Using existing criminal trespass laws, the Police Department will make arrests in the event that trespassers return to the property. However, to prove trespass, it is sometimes necessary to issue a ban and bar notice to specific individuals. This proves that the individuals had notice that they could no longer return to the property, and provides documentation as to who witnessed the ban and bar being issued.
We recommend that you use this ban and bar power sparingly, focusing on individuals who are repeat troublemakers. (In the Documentation Process, the words "property owner" may also be read as "agent of the property owner" or "property manager.") If you wish to ban a person from your properties, the Police Department will assist you in the following ways:
The Police Department will stand by and keep the peace while you issue a ban and bar letter to a specific individual. If that person is trespassing on your property, the Police Department will assist you in identifying that person so that he or she can be banned.
The Police Department will arrest trespassers who return to your property. This can be accomplished either by direct physical arrest, or else the police officer will help you through the warrant process.
The first part of the process is called the "Notice of Ban and Bar" which is a letter issued to the subjects by the property owner, advising them that they are to no longer enter specific property. The specific property is detailed in the letter so there is no doubt as to the location.
The second part of the process is called the "Report on the Issuance of Ban and Bar Letter". This part describes the circumstances under which the subject was banned. It states a specific criminal offense, who was present and witnessed the ban and bar (the officers and their serial numbers), who the owner was that issued the ban and bar (proving authority to issue a criminal trespass notice), and the date and time. It is the responsibility of the property owner to maintain copies of the ban and bar forms and to provide those copies to the Police Department if the trespasser should return at a later time.
Should the subjects return to the property from which they have been banned and barred, they can be arrested immediately on this property by a police officer. The officer would be responsible for preparing a crime report and for obtaining copies of the ban and bar letter, as well as the report on issuance of the ban and bar.
If the subject has left the property and the owner wishes to prosecute by obtaining a warrant, the officer will make a crime report and submit the same packet of supporting documentation to Data Review. It would then be the responsibility of the property owner to get a warrant for the offender.
Attached is a link to additional information and a sample Ban and Bar form which you may use for your property.
If you have any further questions, please contact the Crime Prevention Unit at (402) 444-5772 and ask to speak to a Business Watch Officer.