[Adopted 9-1-1972 as Ch. 19, Secs.
19-16 through 19-18, of the 1972 Code]
Every person who intrudes or squats upon any
lot or piece of land within the City without license or authority
from the owner thereof, or who erects or occupies thereon any hut,
hovel, shanty or other structure without such license or authority,
and every person who places, erects or occupies within the bounds
of any street, alley or avenue of the City any hut, hovel, shanty
or other structure whatever, is guilty of a misdemeanor.
[Amended 6-16-1977 by Ord. No. 2285]
"Trespass" shall mean each and every actual
entry upon the premises of an owner or other person in lawful possession
of the premises without the express or the implied consent of the
owner or other person in lawful possession. "Trespass" shall also
mean remaining upon the premises of an owner or other person in lawful
possession after having been told to leave the premises by the owner,
or the agent, or employee of the owner, or other person in lawful
possession of the premises. "Trespass" shall also be defined as the
act of remaining on private property at any time other than during
posted hours of business operation after having been directed to vacate
such premises by a police officer; provided that the provisions of
this sentence shall not apply to persons, including employees, whose
presence upon such premises is authorized by the owner or by a person
in lawful possession of such premises; nor shall the provisions of
this sentence apply unless hours of business operations are posted
upon such premises. "Trespass" shall also be defined as the act of
returning to private property before the posted time of opening for
business operation on the next business day after having been directed
to vacate such premises under the terms of this section. It shall
be a violation of this section for any person to commit a trespass
as defined herein.
It shall be unlawful for any person to enter
upon the property of another or into an area or structure on such
property (whether such property, area or structure is public or private),
when such entrance is plainly forbidden by signs, voice or otherwise,
or when the property, area or structure is enclosed, except when such
entrance is in the line of duty, or with the expressed or tacit consent
of the owner or person in charge, or otherwise by authority of law
or ordinance.
It shall be unlawful for any person to make
an entry with any vehicle upon real property, privately owned or legally
occupied, without such owner's or occupant's consent. In all cases
where such entry is made and is complained of by the owner or occupant
of the premises, the burden shall be upon the person making the entry
to show that permission for such entry was given.
