Chapter 9.60
CRIMINAL TRESPASS
Sections:
9.60.010 Definitions.
9.60.020 Criminal trespass in the first degree.
9.60.030 Criminal trespass in the second degree.
9.60.040 Defenses.
9.60.050 Making or having burglar tools.
9.60.060 Computer trespass.
9.60.070 No-trespass orders authorized.
9.60.010 Definitions.
A. “Premises,” as used in this chapter, includes any building, dwelling, structure used for commercial aquaculture, or any real property.
B. The word “enter,” when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property.
C. A person “enters or remains unlawfully” in or upon premises when he or she is not then licensed, invited, or otherwise privileged to so enter or remain.
A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land.
D. “Access” means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, directly or by electronic means. (Ord. 790 § 51, 1998; Ord. 703 § 2, 1995).
9.60.020 Criminal trespass in the first degree.
A. A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building.
B. Criminal trespass in the first degree is a gross misdemeanor. (Ord. 790 § 52, 1998; Ord. 703 § 2, 1995).
9.60.030 Criminal trespass in the second degree.
A. A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.
B. Criminal trespass in the second degree is a misdemeanor. (Ord. 790 § 53, 1998; Ord. 703 § 2, 1995).
9.60.040 Defenses.
In any prosecution under BLMC 9.60.020 or 9.60.030, it is an affirmative defense that:
A. A building involved in an offense under BLMC 9.60.020 was abandoned; or
B. The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
C. The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him or her to enter or remain; or
D. The actor was attempting to serve legal process, which includes any document required or allowed to be served upon persons or property by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process. (Ord. 703 § 2, 1995).
9.60.050 Making or having burglar tools.
A. Every person who shall make or mend or cause to be made or mended, or have in his possession, any engine, machine, tool, false key, pick lock, bit, nippers, or implement adapted, designed, or commonly used for the commission of burglary under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary, or knowing that the same is intended to be so used, shall be guilty of making or having burglar tools.
B. Making or having burglar tools is a gross misdemeanor. (Ord. 790 § 54, 1998).
9.60.060 Computer trespass.
A. A person is guilty of computer trespass if the person, without authorization, intentionally gains access to a computer system or electronic data base of another.
B. Computer trespass is a gross misdemeanor. (Ord. 790 § 55, 1998).
9.60.070 No-trespass orders authorized.
A. The police department has the authority to issue and serve no-trespass orders, informing the recipient that he or she is prohibited from entering or remaining on the city property identified in the order, upon the following:
1. Persons responsible for violation of BLMC 12.12.250; and
2. Persons who the department has probable cause to believe have committed a criminal offense or nuisance on city property. For purposes of this provision, “city property” does not include streets and city rights-of-way.
B. No-trespass orders shall be in writing and shall contain the following elements:
1. The signature of the issuing police officer;
2. The date of issuance;
3. The reason for issuance;
4. The duration of the order, not to exceed one year;
5. Identification of the property the recipient is prohibited from entering or remaining on;
6. Language notifying the recipient that violation of the terms of the order shall give rise to criminal prosecution under this chapter; and
7. A description of how to appeal the order pursuant to subsection C of this section.
C. Appeal. The recipient of a no-trespass order may appeal issuance or terms of the order by submitting a written appeal request to the police chief or designee.
1. Upon receipt of a request for appeal, the police chief or designee shall meet with the appellant, receive such evidence as the appellant chooses to present, and review any sworn statement of the issuing officer. If the police chief or designee determines it is more likely than not that the appellant committed the violation that prompted the trespass order, the order shall be affirmed. Upon affirming an order, the police chief or designee may, at his or her discretion, reduce the duration of the no-trespass order for good cause shown.
2. The decision of the police chief or designee shall be final. (Ord. 1377 § 1, 2011).