9.07.090 Criminal Trespass.
A. Criminal trespass is:
1. Entering or remaining upon or in any land, non-navigable body of water, structure, vehicle, aircraft or watercraft other than railroad property as defined in Section 9.07.095 by a person with knowledge that such person is not authorized or privileged to do so, and:
a. Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or
b. Such premises or property are posted as provided in K.S.A. 32-1013, and amendments thereto, or in any other manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or
c. Such person enters or remains therein in defiance of a restraining order issued pursuant to K.S.A. 2002 Supp. 60-31a05, K.S.A. 2002 Supp. 60-31a06, K.S.A. 60-1607, 60-3105, 60-3106 or 60-3107 or K.S.A. 38-1542, 38-1543 or 38-1563, and amendments thereto, Section 9.04.120 of the Olathe Municipal Code, or a court of competent jurisdiction and the restraining order has been personally served upon the person so restrained; or
2. Entering or remaining upon or in any public or private land or structure in a manner that interferes with access to or from any health care facility by a person who knows such person is not authorized or privileged to do so and such person enters or remains thereon or therein in defiance of an order not to enter or to leave such land or structure personally communicated to such person by the owner of the health care facility or other authorized person.
B.
1. Criminal trespass is a Class B Public Offense.
2. Upon a conviction of a violation of Subsection A.1. c., a person shall be sentenced to not less than 48 consecutive hours of imprisonment which must be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.
C. This Section shall not apply to:
1. a land surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, and such surveyor’s authorized agents and employees who enter upon lands, waters, and other premises in the making of a survey.
2. railroad property as defined in K.S.A. 2014 Supp. 21-5809, and amendments thereto, or nuclear generating facility as defined in K.S.A. 2014 Supp. 66-2302, and amendments thereto. (Ord. 15-66 § 13, 2015; Ord. 14-63 § 9, 2014; Ord. 13-33 § 2, 2013; Ord. 03-117 § 3, 2003; Ord. 99-24 § 16, 1999; Ord. 93-09 § 14, 1993; Ord. 83-75 § 2, 1983.)