§ 62-40. Criminal trespass on private or public property.

(a)

Legislative declaration; purpose. The city council recognizes that owners of both private and public property have the right to limit, restrict, or prohibit access to that property. The city council has determined that property owners are best situated to determine whether the property is suitable for access, use, or occupation by members of the public or by those who do not own the property. The purpose of this section is to place on notice those who enter or remain upon the premises of another, including premises owned by private entities, public entities, or individuals, that doing so without the proper license or authority, or after that license or authority has been revoked, may result in criminal liability.

(b)

Definitions. As used in this section, unless the context requires otherwise:

Premises means real property, buildings, and other improvements thereon, and the stream banks and beds of any non-navigable fresh water stream flowing through such property.

Sign or signage means any announcement or communication that is produced in whole or in part by the construction, erection, affixing, or placing of a placard or structure or produced by painting on or posting or placing any printed, lettered, pictured, figured, or colored material on any building, structure, or surface.

(c)

Unlawful entry.

(1)

Enclosed or fenced premises. It shall be unlawful for any person to enter or remain upon the premises of another if the premises are enclosed in a manner designed to exclude intruders or are fenced.

(2)

Common areas. It shall be unlawful for any person, having previously been advised not to enter, to knowingly and unlawfully enter upon the common areas of a hotel, motel, condominium, or apartment building.

(d)

Unlawful remaining. It shall be unlawful for any person to remain in or upon the premises of another after permission, license, or authority has been terminated or revoked and the person has been notified of the termination or revocation verbally, through signage, or otherwise in writing.

(e)

Failure to obey no trespassing sign—posted premises. It shall be unlawful for any person to enter or remain in or upon the premises of another contrary to, or in violation of, any sign limiting, restricting, or prohibiting access to, use of, or occupation of the premises.

(1)

Posting of a no trespassing sign. A sign that is posted or placed at the entry to or upon a premises that gives notice of a limitation, restriction, or prohibition on the access to, use of, or occupation of the premises shall be deemed a no trespassing sign. Examples of no trespassing signs that give notice of a limitation, restriction, or prohibition on the access to, use of, or occupation of a premises include, but are not limited to, signs that read "parking lot open only to customers," "area closed," "area closed to the public between 2:00 a.m. and 6:00 a.m.," "area closed except to residents and authorized guests," "keep out," "no overnight occupancy," "no trespassing," "private property—keep out," or that contain similar language.

(2)

No trespassing sign constitutes prima facie evidence of notice. The posting or placement of a no trespassing sign that is reasonably calculated to provide notice to an ordinarily observant person entering in or upon the premises shall be prima facie evidence that notice was sufficient. The prosecution is not required to prove that a no trespassing sign was visible from every location in, upon, or about the premises at the time of the alleged violation.

(f)

Penalty. Criminal trespass shall be punishable by a fine or imprisonment not to exceed the limits established in section 1-5 of this Code.

(Ord. No. 4607 , § 1, 10-16-2017)

Editor's Note

Ord. No. 4607 , § 1, adopted October 16, 2017, repealed former § 62-40, and enacted a new § 62-40. Former section 62-40 pertained to trespass and derived from the Code of 1960, § 17-2; the Code of 1981, § 21-9; Ord. No. 2366, adopted November 3, 1986; Ord. No. 2939, adopted December 7, 1992 and Ord. No. 2989, adopted June 21, 1993.