(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 the offender 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 by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.
(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. ORC 2911.21)
(d) In the case of land or premises which is vacant, a person who enters or remains on the land or premises of another shall be deemed to be in violation of this section unless the person provides written authorization by the owner or the owner’s agent to be on said land or premises. As used in this subsection, the term “vacant” means premises which contain a structure which is lacking habitual presence of human beings who have a legal right to be on the premises or upon which substantially all lawful occupancy has ceased or which is substantially devoid of contents.
(e) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
(f) As used in this section, “land or premises” includes any land, building, structure or place belonging to, controlled by or in the custody of another, and any separate enclosure or room, or portion thereof. (Ord. 110-2009. Passed 11-2-09.)