(A) Trespassing.
(1) Definition. TRESPASS shall include each and every actual entry upon the premises of an owner or other person in lawful possession of the premises without the express 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 mean the act of entering upon or remaining on private property when such is plainly forbidden by signs, markings or otherwise, by verbal command of the owner, his or her agent, or employee, or after having been directed to do so by a police officer, although this sentence shall not apply to persons, including employees, whose presence upon the premises is authorized by the owner or by a person in lawful possession of such premises. TRESPASS shall also include the act of returning to private property after having been directed to vacate the premises by the owner, his or her agent or employee, or police officer under the terms of this division (A).
(2) Prohibition. It is unlawful and an offense for any person to commit a trespass within the town upon either public or private property.
(3) Violations.
(a) Any of the following acts by any person shall be deemed a violation of this division (A):
1. The doing of an injury or misfeasance to the person of another;
2. The doing of any injury or misfeasance to the property of another when done with force and violence, either actual or implied;
3. Each and every actual entry upon the premises of the owner or person in possession of real property, whether the property is public or private, without the owner’s or occupant’s consent, express or implied;
4. An entry upon the premises, or any part thereof, of another in violation of a notice exhibited thereon prohibiting entry at specified times;
5. An entry upon the premises, or any part thereof, of another in violation of any notice, warning or protest given orally or in writing by any owner or other lawful occupant thereof;
6. An entry upon any public property, including parks or parking areas, in violation of a notice exhibited there prohibiting entry at specified times;
7. An entry upon any public property in violation of any notice, warning or protest given orally or in writing by a town official;
8. If on the property of another, or upon public property lawfully, a failure or refusal to depart in case of being requested to so depart orally or written, by any owner, lawful occupant, or by a town official;
9. An entry upon any portion of a public park, where the entry involves the use of any vehicle, equipment or device where such use is specifically prohibited;
10. An entry of any public building, except for the purpose of dispatching business with the public corporation or consent is obtained from the town’s Board of Trustees or other public official which is lawfully authorized to give consent; or
11. Remaining on public or 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. The provisions of this division (A)(3)(a)11. 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 division (A)(3)(a)11. apply unless hours of business operation are posted upon such premises. TRESPASS also includes 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 division (A)(3)(a)11.
(b) For purposes of constituting a violation of this subsection, the exhibited notice required under divisions (A)(3)(a)4., (A)(3)(a)5., (A)(3)(a)6., (A)(3)(a)7. and (A)(3)(a)9. above shall meet the following criteria:
1. The notice shall be plainly posted in a place or places conspicuous to those who would enter the property;
2. The notice shall be legible so as to afford reasonable warning prior to the commission of a trespass; and
3. If upon property to which the public is invited at least some part of the day, the notice shall clearly specify the days and times of day entry is prohibited, and further specify that entry at such times constitutes a punishable offense under this code.
(B) Intrusion on land or structures.
(1) No person shall intrude or remain upon any lot or piece of land or in any building within the town without license or authority from the owner thereof, or erect or occupy thereon any structure whatever without such license or authority.
(2) No person shall place, erect or occupy within the bounds of any street, alley or avenue of the town any structure whatever unless such person is granted a license by the town to do so.
(C) Congregating, parking on premises.
(1) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFTER BUSINESS HOURS. The doors of the business which are open to the public during business hours are closed and locked, and the business is no longer admitting customers. The term applies to places of business which are vacant or permanently or temporarily closed or otherwise unoccupied.
PLACE OF BUSINESS. Any private property upon which a building, house or other structure is used for commercial or public purposes (e.g., without limitation, restaurants, gas stations, shopping malls or centers, theaters, convenience stores, grocery stores, drugstores or pharmacies, recreational facilities, wholesale or retail sales activities, offices, banks or other financial institutions, manufacturing and professional services (medical, legal, accounting, insurance, consulting)).
(2) Prohibitions.
(a) No person shall stand, walk, sit, lie, congregate or otherwise occupy or remain upon the premises of any place or business within the town after business hours without consent of the lawful owner, occupant, lessee or employee thereof.
(b) No person shall stop, stand, park, leave or place any motor vehicle, whether occupied or not, upon any public or private property without the consent of the owner, occupant, lessee or employee thereof, except where such property is provided for public parking, and the use for such parking is not restricted by proper notice. In addition to fine or other punishment for a violation of this division (C)(2)(b), the vehicle so parked, left or placed shall be subject to impoundment upon complaint of the property owner or lawful occupant; the person violating this division (C)(2)(b) shall be wholly responsible for payment of towage and storage charges.
(3) Sign posted. No person may be charged under this division (C) unless the premises in question is posted with a conspicuous sign which states, substantially, that the premises are posted, and that any person congregating, occupying or remaining upon the premises or parking or leaving a motor vehicle thereon, is subject to prosecution pursuant to this code.
(4) Presumption. There is a rebuttable presumption that any person or motor vehicle upon the premises of a place of business that is properly posted pursuant to this division (C) after such time as the front door or other such door that admits members of the public is closed and locked is on the premises of such business unlawfully under this subsection; however, this presumption shall not be applied within 30 minutes of any opening or closing times posted by such place of business. This presumption may only be rebutted by proof beyond a reasonable doubt that any person held by the Municipal Judge to be subject to this rebuttable presumption was on the premises in question with permission of the lawful owner, occupant, lessee or employee thereof.
(5) Prima facie proof. If a motor vehicle is alleged to be unlawfully parked or left under this division (C), it shall be rebuttably presumed that the person in whose name the motor vehicle was last registered was the person who parked or left the motor vehicle.
(6) Provisions cumulative. The provisions of this division (C) are cumulative of other applicable offenses enumerated in this code or state law.
(Prior Code, § 5-3A-6) Penalty, see § 131.99