Chapter 10.15
TRESPASS ON BOROUGH PROPERTY
Sections:
10.15.010 Trespass – Unlawful.
10.15.040 Affirmative defenses.
10.15.010 Trespass – Unlawful.
It is unlawful for any person or entity to commit a trespass upon property owned or controlled by the borough. [Ord. 1048 § 2, 2024.]
10.15.020 Trespass – Defined.
Any of the following acts, by any person or entity, are among those that constitute trespass on borough property and are a violation of the provisions of this chapter:
A. An unauthorized entry or remaining upon borough property in violation of a notice posted or exhibited at the main entrance to the property or at any point of approach or entry to the property;
B. The pursuit of any course of conduct or action in violation of a notice posted or exhibited at the main entrance to borough property or at any point of approach or entry, or given orally or in writing by an authorized agent of the borough;
C. A failure or refusal to depart from borough property upon request to do so orally or in writing by an authorized agent of the borough;
D. The cutting down, injury or removal of trees or timber from borough property without written permission from an authorized agent of the borough;
E. The digging, taking, quarrying or removal of minerals, earth, or stone from borough property without written permission from an authorized agent of the borough; or
F. Littering in or on borough property. [Ord. 1048 § 2, 2024.]
10.15.030 Enforcement.
Appropriate action may be taken by the manager or designee at any time, or from time to time, to enforce the provisions of this chapter or to prevent violations thereof. [Ord. 1048 § 2, 2024.]
10.15.040 Affirmative defenses.
A. It is an affirmative defense to prosecution under WMC 10.15.020(B) or (C) that the person or entity was engaged in legitimate expression protected by the First Amendment to the United States Constitution and the expression did not:
1. Obstruct or delay access or exit to and from the property;
2. Intentionally, knowingly, or recklessly intimidate users, residents, or occupants of the property;
3. Occur in an unreasonable time, place, or manner;
4. Violate the terms of any court order, official permit, borough ordinance, consent decree, judicial or legal process; and
5. Endanger the public welfare or security.
B. It is an affirmative defense to prosecution under WMC 10.15.020(A) or (B) that the person or entity first obtained written permission to take the action in question from the borough manager or their designee. [Ord. 1048 § 2, 2024.]
10.15.050 Penalties.
Any person or entity violating any provision of this chapter is guilty of an infraction and shall be punished by the fine established in the WMC 1.20.050 fine schedule if the offense is listed in that fine schedule or by a fine of up to $500.00 if the offense is not listed in the WMC 1.20.050 fine schedule. [Ord. 1048 § 2, 2024.]