Chapter 9.06


9.06.010    Definitions.

9.06.020    Trespass in the third degree.

9.06.030    Trespass – Defenses.

9.06.010 Definitions.

The following definitions apply in this chapter:

A. “Premises” includes any building, dwelling, or structure used for commercial aquaculture, or any real property;

B. “Enter,” when constituting an element or part of an offense, shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand and used or intended to be used to threaten or intimidate a person or to detach or remove property;

C. Enters or Remains Unlawfully. A person “enters or remains unlawfully” in or upon premises when he or she is not then licensed, invited, or otherwise privileged to so enter or remain. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. 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. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land;

D. Negligent or Negligence. A person is “negligent” or acts with “negligence” when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable man would exercise in the same situation. (Ord. 2006-4 § 1, 2006).

9.06.020 Trespass in the third degree.

A. A person has committed trespass in the third degree if he or she negligently enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first or second degree.

B. Trespass in the third degree is a misdemeanor subject to penalty as provided in TMC 9.05.070. (Ord. 2006-4 § 1, 2006).

9.06.030 Trespass – Defenses.

In any prosecution under this chapter, it is a defense that:

A. A building involved in an offense under this chapter 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; or

D. The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process. (Ord. 2006-4 § 1, 2006).