(A) Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates a different meaning:
(1) "BUSINESS PARKING LOT." Any privately owned parking lot designed to provide parking adjacent to any occupied or unoccupied store, office building, commercial building or industrial building, for the convenience of employees, customers, patrons, invitees, licensees or guests of the owner of the premises or its lessee.
(2) "VEHICLE." Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway.
(3) "TRAILER." Every vehicle without motive power in operation designed for carrying persons or property and for being drawn by a motor vehicle.
(4) "MOTOR VEHICLE." Every vehicle which is self-propelled, except for vehicles moved solely by human power and motorized wheelchairs.
(5) "PERSON." Any individual, firm, corporation or association.
(B) Trespassing after posted times. No person shall enter or stay on any business parking lot at any time at which entering or staying on the lot: is prohibited by the owner as shown by a sign. No person shall place or leave any vehicle, motor vehicle, or trailer on any business parking lot at any time at which entering or staying on the lot is prohibited by the owner as shown by a sign.
(C) Signs. The prohibition set out in division (B) of this section shall be in effect at any business parking lot where the owner or person lawfully in possession of the premises has posted a sign or signs stating that parking or trespassing is prohibited during the hours set forth on the sign. Each such sign may contain substantially the following language:
NO PARKING OR TRESPASSING
BETWEEN P.M. AND A.M.
It shall be lawful for the owner or person lawfully in possession of the premises to prohibit parking or trespassing on a business parking lot at all times. Each sign hereunder must be prominently placed at each driveway access or curb cut allowing vehicular access to the business parking lot within 5 feet from the public right-of-way line. The wording on the sign shall be in at least 2-inch light-reflective letters on a contrasting background, and the sign must be so installed that the bottom of the sign is not less than 4 feet above ground level.
(D) Exceptions. The following uses of a business parking lot shall not be violations of this section:
(1) Entrance by a police officer or officers in the course of duty.
(2) Entrance by fire, ambulance or other emergency personnel and equipment, in the course of duty.
(3) Entrance by the owner, tenant, or employee or agent of the owner or tenant of any establishment served by the parking lot.
(E) Any person convicted of violating any provision of this section shall be fined not less than $50 nor more than $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 7402, passed 5-16-89)