A. Definitions: As used in this section, the words and phrases, except where the text clearly indicates otherwise, mean:
BUSINESS/MUNICIPAL PARKING LOT: Any parking lot adjacent to or in the immediate vicinity of any store, restaurant, gasoline station, public or private office building, commercial building, industrial facility, movie theater, or any other facility which provides free parking for the use and convenience of employees, customers, patrons, guests or invitees.
OWNER: An owner or other person lawfully in charge of a business parking lot, including any person authorized by the owner to exercise rights granted the owner by law.
PRIVATE BUSINESS PREMISES: Any lands or buildings, or any part thereof, owned or occupied by any store, restaurant, office, factory, church, theater or any other business, whether for profit or not for profit.
B. Use Restricted: No person shall drive any vehicle across, through, into, or out of any business/municipal parking lot in the city except for the purpose of:
1. Parking immediately prior to transacting business at a place of business; attending church services; attending a lodge or club activity; attending a movie; attending a promotional event, fair or parade; shopping or patronizing a facility open to the public adjacent to or in the immediate vicinity of a business/municipal parking lot;
2. Leaving after parking;
3. Leaving a passenger to transact business at a place of business; attending church services; attending a lodge or club activity; attending a movie; attending a promotional event, fair or parade; shopping, or patronizing a facility open to the public adjacent to or in the immediate vicinity of a business/municipal parking lot;
4. Picking up a passenger; or
5. Parking while employed at a business in the immediate vicinity.
C. Loitering Prohibited: Except for the permitted purposes stated in subsection B of this section, no person shall loiter, linger, remain, sit or stand in any business/municipal parking lot, or private business premises, when prohibited by the owner of a business parking lot or private business premises as expressed by a sign posted on the premises pursuant to subsection E of this section, nor shall any person remain in a business/municipal parking lot or private business premises after being ordered to leave the lot by the owner or authorized agent.
D. Trespassing:
1. Prohibited:
a. No person shall enter or stay on any business/municipal parking lot or private business premises without claim of right or consent of the lawful possessor during such hours as entry is prohibited by conspicuously posted signs; or
b. No person shall enter upon the land of another and, without claim or right, refuse to depart therefrom on demand of the lawful possessor or their agent.
2. Demand To Depart: A demand to depart may be made orally or by posting, at reasonable intervals, signs which prohibit trespassing or loitering on the affected land. Any city police officer may be appointed an agent of the lawful possessor of land for the purpose of making a demand to depart therefrom.
E. Signs Prohibiting Trespassing And Loitering: The prohibitions set out in subsections C and D of this section shall be in effect at any business/municipal lot or private business premises where the owner has posted a sign as provided in those subsections, on the premises, which are visible to an ordinarily prudent individual.
1. With reference to subsections B and C of this section, each sign shall contain substantially the following language:
NO PARKING OR TRESPASSING
VIOLATORS WILL BE PROSECUTED
2. With reference to subsection D of this section, the sign shall contain substantially the following language:
NO PARKING OR TRESPASSING
BETWEEN P.M. AND A.M.
VIOLATORS WILL BE PROSECUTED
F. Exceptions: The following uses of a business/municipal parking lot or private business premises shall not be in violation of this section:
1. Entrance by owner, occupant, or the employees and agents of the owners or occupant;
2. Entrance by customers, patrons, suppliers and other persons having lawful business at the business premises or other facility served by the business/municipal parking lot during normal business hours, or when such business or facility is otherwise open to the public;
3. Temporary entrance in an emergency; or
4. Entrance by police officers and city officials in the course of their duty. (Ord. 74, 3-17-1998; amd. 2002 Code)