Chapter 9.14
TRESPASS

Sections:

9.14.010    Criminal trespass – First degree.

9.14.020    Criminal trespass – Second degree.

9.14.030    Criminal trespass – Defenses.

9.14.010 Criminal trespass – First degree.

A. A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building or on real property adjacent thereto or upon real property which is fenced or otherwise enclosed in a manner designed to exclude intruders.

B. Criminal trespass in the first degree is a gross misdemeanor. (Ord. A-91 § 1, 1991).

9.14.020 Criminal trespass – Second degree.

A. A person is guilty of criminal trespass in the second degree if he/she:

1. Knowingly enters or remains unlawfully in any public or private place or on any public or private premises of another; or

2. Knowingly enters or remains unlawfully in any public or private place or on any public or private premises of another as to which notice against trespass thereon is given by the owner or some other authorized person, through:

a. Actual communication to the actor; or

b. Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

3. Knowingly enters or remains unlawfully in any public or private place or on any public or private premises of another and defies an order to leave communicated to him/ her by the owner of the place or premises or by some other authorized person.

B. Criminal trespass in the second degree is a misdemeanor. (Ord. A-91 § 1, 1991).

9.14.030 Criminal trespass – Defenses.

In any prosecution under MICC 9.14.020 and 9.14.030, it is a defense that:

A. The place or 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 or on the place or premises; or

B. The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain. (Ord. A-91 § 1, 1991).