Chapter 9.20
TRESPASSING

Sections:

9.20.010    Trespass.

9.20.015    Defense—Exercise of First Amendment rights.

9.20.020    Defense—Emergency use of building.

9.20.030    Remedies and penalties.

9.20.010 Trespass.

A.    No person may knowingly enter or remain in or upon a building or real property, or in a vehicle:

1.    When the building, real property or vehicle, at the time of the entry or remaining, is not open to the public and when the person is not otherwise privileged to do so;

2.    In violation of a prominently posted notice against trespass, limiting or prohibiting authorized uses, or limiting hours of authorized occupancy or operation; or

3.    When the person has actual notice that the property is not open to him or her.

B.    No person may fail to leave a building, real property or vehicle that is open to the public after being lawfully directed to do so personally by the person in charge. (Ord. 06-46 § 2, 2006: prior code § 13.70.010)

9.20.015 Defense—Exercise of First Amendment rights.

A.    It is an affirmative defense to prosecution for trespass on public property that the person charged was engaged in the legitimate expression of rights granted by the First Amendment to the Constitution of the United States or similar rights granted by the Constitution of the State of Alaska, and that the expression did not:

1.    Physically obstruct or delay access, entrance or exit to and from the property;

2.    Intentionally, knowingly or recklessly intimidate users, residents, owners, or occupants of the property;

3.    Occur at an unreasonable time, or in an unreasonable place or manner;

4.    Violate the terms of any court order or judgment, official permit, or written agreement between the affected parties; or

5.    Endanger the public welfare or security. (Ord. 06-46 § 3, 2006)

9.20.020 Defense—Emergency use of building.

It is an affirmative defense to prosecution for trespass in a building or vehicle that the entry, use or occupancy is for an emergency in the case of immediate and dire need, and the person contacts the owner or owner’s agent within fifteen (15) days after entering or using the property, or, if the owner is unknown, contacts the city police department, and makes a report of the time of entry, use or occupancy of the property and any damage to the property, unless a notice waiving the necessity for such report is posted on the property by the owner or the owners’ agent. (Ord. 06-46 § 4, 2006: prior code § 13.70.020)

9.20.030 Remedies and penalties.

Remedies and penalties for violations of this chapter are as provided in Chapter 1.20. (Ord. 01-47 § 11, 2001: prior code § 13.70.030)