A. No person, without privilege to do so, shall:
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 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. Be 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.
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. Subsection A1 of this section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.
E. This section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this section, "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction.
F. This section does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his official duties.
G. For purposes of this section, "land or premises" includes, but is not limited to, 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, and any land used for cropland, fallow land, orchard, pasture, feedlot, timberland, prairie land, mine spoil nature preserves and registered areas. "Land or premises" does not include driveways or private roadways upon which the owner allows the public to drive.
H. For purposes of this section, "owner" means the person who has the right to possession of the land, including the owner, operator or tenant. (Ord. 10-28-0, 5-26-2010)