§ 111.04 CONSENT TO ENTER ONTO REAL PROPERTY; EXEMPTIONS.

   (A)   It shall be an affirmative defense to an alleged violation of § 111.03(A), (G), or (H) that the person charged with the violation or crime had received actual or constructive consent of the occupant prior to entering the real property. Constructive consent to enter real property may be implied from the circumstances of each instance, the relationship of the parties, and actual or implied contractual relationships.

   (B)   The occupant of real property shall be considered to have given constructive consent to enter real property for the purpose of solicitation between the hours of 9:00 a.m. and 9:00 p.m., when the local time is daylight savings time or after 8:00 p.m. when the local time is standard time, if they have not posted a “No Solicitation” sign, pursuant to § 111.09.

   (C)   Nothing in this section shall be construed to authorize the entry into a structure located on real property. The right to enter any structure must be otherwise provided for by law.

   (D)   Officers, employees, or agents of a governmental entity while performing activities within the scope of their office, employment, or agency are exempt from the requirements of this chapter.

   (E)   No person may be charged with a violation of any divisions of § 111.03 or § 111.11 in connection with an act committed between 4:00 p.m. and 9:00 p.m. on each October 31.

(Ord. 504, passed 2-13-1989) Penalty, see § 111.99