§ 623.04  Criminal Trespass
   (a)   No person, without privilege to do so, shall do any of the following:
      (1)   Knowingly enter or remain on the land or premises of another;
      (2)   Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes or hours, when the offender knows he or she is in violation of any such restriction or is reckless in that regard.
      (3)   Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
      (4)   Being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner or occupant, or the agent or servant of either;
      (5)   Knowingly enter or remain in any vacant and vandalized building or structure, including, but not limited to, a formerly occupied residential dwelling or dwelling unit, without having on his or her person the written permission of the owner of such structure granting permission to be in any such building or structure. This paragraph does not apply to governmental officers or employees when carrying out a lawful governmental function.
      (6)   After first being warned to desist, knowingly enter or remain on vacant land of another, or outdoors on the land or premises of another on which any vacant and vandalized building or structure is situated, including, but not limited to, a formerly occupied residential dwelling or dwelling unit, without having on his or her person a writing such as, by way of example only, a contract or work order for work at the land or premises, or a writing signed by the owner, lessee or other person entitled to possession of the land or premises, that shows that the person has a lawful reason to enter or remain there.
   (b)   It is no defense to a charge under this section that the land or premises involved was owned, controlled or in custody of a public agency.
   (c)   It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved when such authorization was secured by deception.
   (d)   Whoever violates divisions (a)(1), (2), (3) and (4) of this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
   (e)   Whoever violates division (a)(5) of this section is guilty of trespassing on a vacant and vandalized building, a misdemeanor of the first degree.
   (f)   Whoever violates division (a)(6) of this section is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on the second and any subsequent offense.
   (g)   As used in this section, “land or premises” includes any land, building, structure of place belonging to, controlled by or in custody of another, and any separate enclosure or room, or portion thereof.
(RC 2911.21; Ord. No. 1076-09. Passed 5-10-10, eff. 5-20-10)