Chapter 9.24


9.24.010    Trespass – Simple.

9.24.020    Trespass – Aggravated.

9.24.030    Trespass – Defense.

9.24.040    Malicious mischief.

9.24.050    Interfering with water pipe, gas pipe and electric wires.

9.24.052    Violation – Installation of CATV systems.

9.24.054    Violation – Theft.

9.24.056    Violation – Interfering with CATV system.

9.24.060    Dumping and littering.

9.24.070    Injury to or removal of signs, notices.

9.24.010 Trespass – Simple.

A. A person is guilty of simple trespass if he knowingly enters or remains unlawfully in or upon the premises of another, under circumstances not amounting to aggravated trespass.

B. Criminal trespass in the second degree is a misdemeanor. (Ord. 157 § 9.2, 1976)

9.24.020 Trespass – Aggravated.

A. A person is guilty of aggravated trespass 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. Aggravated trespass is a gross misdemeanor. (Ord. 157 § 9.1, 1976)

9.24.030 Trespass – Defense.

In any prosecution for trespass, it is a defense that:

A. A building involved in an offense under AHMC 9.24.010 was abandoned; or

B. 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

C. 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. 157 § 9.3, 1976)

9.24.040 Malicious mischief.

A. A person is guilty of malicious mischief if he knowingly and maliciously causes physical damage to the real or personal property of another in an amount not exceeding $250.00.

B. Malicious mischief is a gross misdemeanor if the damage to the property is in an amount exceeding $50.00; otherwise, it is a misdemeanor. (Ord. 157 § 9.4, 1976)

9.24.050 Interfering with water pipe, gas pipe and electric wires.

Every person who cuts, alters, changes, removes, disconnects or connects with, or in any manner interferes, meddles or tampers with any water main, pipe, stopcock, meter, hydrant, pump or conduit, or any gas pipe, main or meter, or any electric wire, cable or conduit owned or used by the City, or by any private owner, without authority from and permission and consent of the City, or of the private owner, is guilty of a misdemeanor. (Ord. 157 § 9.6, 1976)

9.24.052 Violation – Installation of CATV systems.

From and after the effective date of the ordinance codified in this section, it is unlawful for any person to construct, install or maintain within any public street in the City, or within any other public property of the City, or within any privately owned area within the City which has not yet become a public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing such use of such street or property or area has first been obtained from the City, and unless such franchise is in full force and effect. Violations of this section shall be a misdemeanor. (Ord. C-198 § 2, 1989)

9.24.054 Violation – Theft.

It is unlawful for any person, firm, or corporation, or for the occupant of any premises to allow any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchise CATV system within this City for the purpose of enabling himself or others to receive any television signals, radio signals, pictures, programs, or sound without payment to the owner of said system. The existence of any connection as herein described with any premises or any article of property within any premises shall provide prima facie proof that the occupant of the premises did allow the connection whether lawful or unlawful. Violation of this section shall be a misdemeanor. (Ord. C-198 § 2, 1989)

9.24.056 Violation – Interfering with CATV system.

It is unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cable, wire or equipment used for distribution of television signals, radio signals, pictures, programs or sound. Violation of this section shall be a misdemeanor. (Ord. C-198 § 2, 1989)

9.24.060 Dumping and littering.

Every person who unloads, discharges, deposits or puts upon, or who authorizes or instructs any agent, employee or other person to unload, discharge, deposit or put upon any private lot, premises or property in the City not owned by him; or on or along the line of any railway, street, alley, highway, park, parkway or other public place within the City any manure, offal, garbage or other offensive or nauseous substances, or any bottles, tin cans or other trash or rubbish of any nature or kind whatever, is guilty of a misdemeanor; provided, this section shall have no application in cases where such person is authorized to do so, first by the owner, agent or person having the care and control of such private lot, premises or property; second, by the agent, legal representative or other person having authority over any such railroad track; third, by an officer or employee of the City having authority to authorize the same. (Ord. 157 § 9.5, 1976)

9.24.070 Injury to or removal of signs, notices.

A. No person without legal authority shall remove, disturb, deface, injure, destroy or in any manner interfere with or dispose of any street sign, signal, railing or barrier, or any red light, red lantern, or other notice or sign used as a danger signal, or any danger signal whatsoever, or any notice or sign placed in or adjacent to any street indicating the name of such street, or directions regarding the use of the same, or any sign or notice placed upon any private property, or any legal notice or lawful signature, or any lawful advertising whatsoever.

B. No person shall negligently, inadvertently or from any cause, or for any reason whatsoever, run over or into, or overturn, displace or interfere with any such street sign, barrier, red light or other danger signal, without immediately replacing the same.

C. Violation of this section is a misdemeanor. (Ord. 157 § 9.7, 1976)