As used in this Article, the following terms mean:
ENTER UNLAWFULLY or REMAIN UNLAWFULLY
A person enters or remains in or upon premises when he or
she is not licensed or privileged to do so. A person who, regardless
of his or her purpose, enters or remains in or upon premises which
are at the time open to the public does so with license and privilege
unless he or she defies a lawful order not to enter or remain, personally
communicated to him or her by the owner of such premises or by other
authorized person. 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 the building which
is not open to the public.
TO TAMPER
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
UTILITY
An enterprise which provides gas, electric, steam, water,
sewage disposal, or communication, video, internet, or voice over
internet protocol services, and any common carrier. It may be either
publicly or privately owned or operated.
As used in this Chapter, the following terms shall have these
prescribed meanings:
ENTER UNLAWFULLY OR REMAIN UNLAWFULLY
A person "enters unlawfully or remains unlawfully" in or upon premises when he/she is not licensed or privileged to
do so. A person who, regardless of his/her purpose, enters or remains
in or upon premises which are at the time open to the public does
so with license and privilege unless he/she defies a lawful order
not to enter or remain, personally communicated to him/her by the
owner of such premises or by other authorized person. 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 the building which is not open to the public.
INHABITABLE STRUCTURE
Includes a ship, trailer, sleeping car, airplane, or other
vehicle or structure:
1.
Where any person lives or carries on business or other calling;
or
2.
Where people assemble for purposes of business, government,
education, religion, entertainment or public transportation; or
3.
Which is used for overnight accommodation of persons. Any such
vehicle or structure is inhabitable regardless of whether a person
is actually present.
LIBRARY
Any public library or any library of an educational, historical
or eleemosynary institution, organization or society.
LIBRARY CARD
A card or other device utilized by a library for purposes
of identifying a person authorized to borrow library material, subject
to all limitations and conditions imposed on such borrowing by the
library issuing or honoring such card.
LIBRARY MATERIAL
Any book, plate, picture, photograph, engraving, painting,
sculpture, artifact, drawing, map, newspaper, microfilm, sound recording,
audiovisual material, magnetic or other tape, electronic data processing
record or other document, written or printed material, regardless
of physical form or characteristic, which is a constituent element
of a library's collection, or any part thereof, belonging to, on loan
to, or otherwise in the custody of a library.
NOTICE IN WRITING
Any notice deposited as certified or registered mail in the
United States mail and addressed to the person at his/her address
as it appears on the library card or to his/her last known address.
The notice shall contain a statement that failure to return the library
material within ten (10) days of receipt of the notice may subject
the user to prosecution.
OF ANOTHER
Property is that "of another" if any natural
person, corporation, partnership, association, governmental subdivision
or instrumentality, other than the actor, has a possessory or proprietary
interest therein. If a building or structure is divided into separately
occupied units, any unit not occupied by the actor is an inhabitable
structure of another.
PREMISES OF A LIBRARY
A building structure or other enclosure in which a library
is located or in which the library keeps, displays and makes available
for inspection, borrowing or return of library materials.
It is unlawful for any person to damage any property belonging
to the City, or, without lawful authority, to enter upon, commit waste,
trespass or other injury upon any premises, land, public park, building
or other property of the City without the express or implied consent
of the City, its duly authorized agent or representative, or, being
upon the premises, land, property or building of the City, to fail
or refuse to leave the same when requested to do so by one having
lawful possession thereof or authority thereover. Restitution for
damaged property may be required in addition to any fines and/or imprisonment
order by the court.
It is unlawful for any person to willfully, maliciously or intentionally
enter upon the premises, buildings or land in the possession of any
of the public schools in the City without the express or implied consent
and permission of the principal of such school, or to fail to refuse
to leave the same when requested to do so by the principal of the
school or the principal's representative.
A person commits the offense of reckless burning or exploding
if he/she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
It is unlawful for any person to knowingly cut, mutilate, mark,
tear, write upon, deface or otherwise destroy or damage, in whole
or in part, any book, pamphlet, periodical, chattel, map, document,
picture or written, engraved or printed paper belonging to or rightfully
in the custody of the public library of the City, or to suffer any
such damage to be inflicted while such property is under his/her custody
or control, or knowingly damage any of the furniture or other property
in the building occupied by or on the premises of such library.
It is unlawful within the corporate limits of the City for any
person to erect, construct, maintain or use any fence composed in
whole or in part of barbed wire upon or about any premises within
the City; provided however, that this Section shall not prohibit the
use of barbed wire in connection with fencing of some other type if
the lowest strand of such barbed wire is placed not less than six
and one-half (6½) feet above the surface of the ground.