Chapter 8.24


8.24.010    Trespass on real property – Designated.

8.24.020    Trespass on real property – Defenses.

8.24.030    Definitions.

8.24.010 Trespass on real property – Designated.

A. A person is guilty of trespass on real property if he knowingly enters or remains unlawfully in or upon the real property of another.

B. Trespass on real property is a misdemeanor. Violators shall, upon conviction, be punished by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500.00 or both. (Ord. 82-76 (part)).

8.24.020 Trespass on real property – Defenses.

In any prosecution under Section 8.24.010, it is a defense that:

A. The real property was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining on the real property; or

B. The actor reasonably believed that the owner of the real property, or other person empowered to license access thereto, would have licensed him to enter or remain. (Ord. 82-76 (part)).

8.24.030 Definitions.

The following definitions apply in this chapter:

A. Enter. 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.

B. Enters or Remains Unlawfully. A person “enters or remains unlawfully” in or upon real property when he is not then licensed, invited, or otherwise privileged to so enter or remain. 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 by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.

C. Knowledge. A person knows or acts knowingly or with knowledge when:

1. He is aware of a fact, facts, or circumstances or result described by a statute defining an offense; or

2. He has information which would lead a reasonable man in the same situation to believe that facts exist which facts are described by a statute defining an offense.

D. “Person,” “he” and “actor” include any natural person and, where relevant, a corporation, joint stock association, or an unincorporated association. (Ord. 82-76 (part)).