Attention: The Fort Dodge Police Department does NOT serve trespass notices. This is the responsibility of the person completing the Trespass Authorization and Notice form. See the "Service of Paperwork" section for more information.
A property owner, owner's agent, lessee, or person in lawful possession of property may authorize the Fort Dodge Police Department to enforce Iowa's trespass law on private property, by issuing a citation or making an arrest when an officer witnesses a violation. Without such an authorization the property owner, owner's agent, lessee, or person in lawful possession of property would be able to sign charges against an offender at a later time. However, when the police are granted enforcement authority, immediate enforcement action can be taken. In order to assist with such requests the Fort Dodge Police Department has established the following procedures.
Please note that in cases of rented or leased residential property, the person renting or leasing the property has the sole authority to determine who is a guest at the premises (unless other restrictions such as those that are mutually agreed upon in a rental or lease agreement apply). A property owner or owner's agent can issue a no trespass notice regarding common areas of the building and exterior spaces, but not for inside the rented or leased area. Likewise, a renter or lessee cannot control who is on/in the common areas of the property. The Fort Dodge Police Department recommends consulting with a private attorney for questions or concerns about landlord-tenant issues.
The Fort Dodge Police Department classifies trespass authorization into two types, general and individual. Either type of authorization can be applied to any type of property.
A general authorization is used when the property owner, owner's agent, lessee, or person in lawful possession of property desires a ban against any person on/in the property without consent or lawful purpose.
An individual authorization is used when the property owner, owner's agent, lessee, or person in lawful possession of property desires a ban against a known and specifically named person on/in the property without consent or lawful purpose. The property owner, owner's agent, lessee, or person in lawful possession of property can specify conditions that will or will not constitute a violation (see "No Trespassing Notice" below).
Once a property owner, owner's agent, lessee, or person in lawful possession of property has determined which type of trespass authorization is desired, a Fort Dodge Police Department Trespass Authorization & Notice form must be completed. This form must be properly served and submitted to the Webster County Sheriff's Office for the Police Department to have trespass enforcement authority.
The written authorization is valid for a maximum period of twelve (12) months and can be renewed annually. It is the responsibility of the person completing the authorization form to keep track of its expiration date. Authorization can be revoked at any time by providing written notice to the police department. The Fort Dodge Police Department reserves the right to reject incomplete or fraudulent trespass documents.
CLICK HERE TO DOWNLOAD A TRESPASS AUTHORIZATION & NOTICE FORM
Below is a step-by-step guide to completing the Trespass Authorization & Notice Form.
In the first section, the property owner, owner's agent, lessee, or person in lawful possession of property enters their name, full address, phone number(s), and indicates their relationship to the property.
If the property of the trespass ban is a business, the name should be entered on the "Business Name" line; if it is not a business this space should be left blank. The next line should contain a street address of the property. All forms must include the street address to be valid and enforceable. The person completing the form then checks a box to indicate the type of property the listed address refers to.
Select the authorization type desired, general or individual. Only one box should be checked.
General
If a general ban is desired, check the "General" box and proceed to the "Disclaimer and Signature of Person Completing This Form" section below.
Individual
If an individual ban is desired, check the "Individual" box and enter the identifying information of the person to be banned, including their name, date of birth, and complete address. If you need help properly identifying someone, please contact the police department at 515-573-1424 for assistance.
By law, a person to be banned must be notified before enforcement action can take place (see "Service of Paperwork", below, for additional information). PLEASE NOTE: The person submitting trespass documentation to the Police Department is responsible for serving the paperwork on the person to be banned by one of the methods listed below. The Fort Dodge Police Department will not serve paperwork on the person to be banned.
The person completing the form must indicate how the banned person was served. Check all that apply.
In cases of an individual ban, this section provides the necessary language to notify the person to be banned that they are no longer welcome on/in the listed property and they may face criminal charges for violations. The notice to the banned person remains in effect for one year unless revoked in writing.
The person completing the Trespass Authorization & Notice form may choose to use their own notice. See "No Trespassing Notice", below, for additional information.
This section contains the legal language necessary to authorize the Fort Dodge Police Department to act on behalf of the person completing the form.
Important points of this section include:
In cases of an individual ban (this section does not apply to a general ban. If this is a general ban, proceed to "Submission of Forms", below) the person to be banned must be properly served and notified before enforcement action can take place. As noted above, the Fort Dodge Police Department Trespass Authorization & Notice form contains the necessary language to notify the person to be banned that they are no longer welcome on/in the listed property and they may face criminal charges for violations. Thus, service of the FDPD Trespass Authorization & Notice form on the person to be banned satisfies legal requirements and a separate notice is not required.
However, a property owner, owner's agent, lessee, or person in lawful possession of property may wish to use their own no trespassing notice in place of the language on the Authorization & Notice form; doing so allows for greater flexibility, including establishing specific terms or conditions that constitute a violation or establishing an expiration date of the notice. Any notice should warn the person to be banned that they are no longer allowed in/on the listed property and that they will be charged with trespassing upon their return.
If a different no trespassing notice is used, a copy must be provided to the police department with the completed Trespass Authorization & Notice form. PLEASE NOTE that a different notice does not substitute for the trespass authorization form; both must be submitted for the police department to take enforcement action.
THE PERSON SUBMITTING TRESPASS DOCUMENTATION TO THE POLICE DEPARTMENT IS RESPONSIBLE FOR SERVING THE PAPERWORK TO THE PERSON TO BE BANNED.
For individual bans (this section does not apply to a general ban, proceed to "Submission of Forms", below) the property owner, owner's agent, lessee, or person in lawful possession of property may choose one of the options below to serve paperwork on the person to be banned. THE PERSON TO BE BANNED MUST BE SERVED AND RECEIVE THE NOTICE BEFORE ENFORCEMENT CAN BEGIN.
Although in person service meets the requirements of Iowa law, it is more difficult to prove in court; service by certified mail with return receipt or by law enforcement is preferred.
If in person service is used to serve a no trespassing notice to the person being banned from a property, it is preferred to have the banned person sign the form to indicate they received notification. A witness to the service or a video of the service is preferable and suggested.
Certified mail can be used to serve the no trespassing notice on the person to be banned. Regular mail does not offer sufficient proof that the person received the notice.
If certified mail is used for service, the property owner, owner's agent, lessee, or person in lawful possession of the property is responsible for maintaining the certified mail receipt. The Fort Dodge Police Department requests that a copy of the certified mail receipt be submitted with your trespass paperwork.
The Webster County Sheriff’s Office (WSCO) will serve such a notice for a fee of $30 plus mileage if the address of the person to be served is within Webster County. This is a flat fee, regardless of how many attempts are needed to actually serve the person. Rates are set by the WCSO and are subject to change without notice. The per mile rate for mileage varies depending on total number of round-trip miles.
A person desiring the Webster County Sheriff’s Office to serve a no trespassing notice needs to provide the following:
This information can be provided to the sheriff’s office in-person at the Webster County Law Enforcement Center, 702 1st Ave. S.
*Copies of the Trespassing Authorization & Notice form or no trespassing notice required by the Sheriff's office are in addition to the copy required to be submitted to the Fort Dodge Police Department.
Questions concerning service by the Webster County Sheriff’s Office can be directed to 515-573-1410 during the hours of 8 a.m. - 4:30 p.m. Monday - Friday.
A completed Trespass Authorization & Notice form (and no trespassing notice, if a different form was used for individual bans) must be forwarded to the Fort Dodge Police Department in order for the police department to be able to act as an agent of the property owner, owner's agent, lessee, or person in lawful possession of property. Include copies of certified mail or proof of service documents with the submission.
Documents can be submitted:
Note: Copies of in-person or certified mail served notices within city limits of Fort Dodge should be sent or delivered to the FDPD, and not the Sheriff's Office.
Persons submitting trespass documentation to the Fort Dodge Police Department should be aware of the following information:
Electronic Records
The Fort Dodge Police Department will maintain only electronic copies of trespass authorization forms and no trespass notices. The person completing the document(s) should maintain copies for their own records.
Expired Trespass Authorization & Notice Forms
The Fort Dodge Police Department will maintain trespass documents for one week past their expiration date. If a renewed Trespass Authorization & Notice form has not been received prior to the end of that week then the expired documentation will be deleted.
For assistance with trespass related issues or documentation please contact us by calling 515-573-1424.