Chapter 6.48
BURGLARY AND TRESPASS

Sections:

6.48.010    Statutes incorporated by reference.

6.48.020    Trespassing.

6.48.010 Statutes incorporated by reference.

The following statutes regarding burglary and trespass are incorporated by reference:

RCW

    9A.52.010 Definitions.

    9A.52.060 Making or having burglar tools.

    9A.52.070 Criminal trespass in the first degree.

    9A.52.080 Criminal trespass in the second degree.

    9A.52.090 Criminal trespass – Defenses.

    9A.52.100 Vehicle prowling.

    9A.52.120 Computer trespass.

(Ord. 1993 § 11, 1994; Ord. 1959 § 2, 1993; Ord. 965 § 8.01, 1977).

6.48.020 Trespassing.

(1) Definitions. As used in this section:

(a) “Enter,” when constituting an element or part of a crime, means and 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.

(b) “Enters or remains unlawfully.”

(i) A person “enters or remains unlawfully” in or upon premises when he is not then licensed, invited, or otherwise privileged to so enter or remain.

(ii) 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 designated to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.

(c) “Premises” includes any building, dwelling, or any real property.

(2) Unlawful Acts Designated. A person is guilty of the crime of trespass if he knowingly enters or remains unlawfully in or upon the premises of another.

(3) Defenses to Prosecution for Violations. In any prosecution under this section it is a defense that:

(a) 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

(b) The actor reasonably believed that the owner of the premises, or other persons empowered to license access thereto, would have licensed him to enter or remain; or

(c) 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.

(4) Penalty. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for not more than 90 days, or by both such fine and imprisonment. (Ord. 1959 § 1, 1993).