Chapter 9.48
TRESPASS
Sections:
9.48.020 Trespass in the second degree.
9.48.030 Trespass in the first degree.
9.48.010 Definitions.
(1) “Enter unlawfully” or “remain unlawfully” means:
(a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public or when the entrant is not otherwise licensed or privileged to do so.
(b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge.
(2) “Premises” includes any building and any real property, whether privately or publicly owned.
(3) “Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.
(4) “Person in charge” means a person, a representative or employee of the person who has lawful control of the premises by ownership, tenancy, official position or other legal relationship.
Statutory Reference: ORS 164.243 to 164.265
History: Ord. 1030 §2, 1984; Ord. 1203 §8, 1994; Ord. 1220 §1, 1996.
9.48.020 Trespass in the second degree.
(1) No person shall enter or remain unlawfully in or on the premises.
(2) Violation of trespass in the second degree is a Class “C” misdemeanor.
Statutory Reference: ORS 164.243 to 164.265
History: Ord. 1030 §2, 1984; Ord. 1033 §1, 1984; Ord. 1183 §1, 1993; Subsection (2) renumbered to 9.48.030 (l) and amended by Ord. 1203 §9, 1994.
9.48.030 Trespass in the first degree.
(1) No person other than a peace officer performing a lawful duty shall enter upon land or into a building used in whole or in part as a dwelling not his own without permission of the owner or person entitled to possession thereof and while so trespassing look through or attempt to look through a window, door or transom of the dwelling or that part of the building used as a dwelling.
(2) Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein.
(3) Violation of trespass in the first degree is a Class “A” misdemeanor.
Statutory Reference: ORS 164.243 to 164.265
History: subsection (1) renumbered from 9.48.020(2) by Ord. 1203 §10, 1994; subsections (2) and (3) added by Ord. 1203 §10, 1994.