(A) Findings of fact.
(1) The city maintains and operates certain buildings which, at times, should not be open to the general public.
(2) Both public and personal property may be exposed to unauthorized persons as a result of the absence of personnel in certain buildings.
(3) The city is exposed to a greater likelihood for potential losses and claims for injury as a result of unauthorized persons being in or upon city property.
(4) Placing reasonable restrictions on the times and places in which non-employees of the city can go upon certain city property will serve the public interest.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED PERSON. With respect to the Street Department Building, a person authorized to go upon the grounds of or enter into such building by any employee or officer of the city; and, with respect to any fire station, any person authorized to go upon the grounds of or enter into such fire station by any member of the Volunteer Fire Department.
FIRE STATION. Any public building used and occupied by the Volunteer Fire Department as a fire station, for the purpose of housing fire trucks, fire fighting equipment or apparatus, or responding to emergency calls.
SERVICE PROVIDER. Any person who is providing, or who is assisting any person or entity to provide, services or products to the city or the Volunteer Fire Department.
STREET DEPARTMENT BUILDING. Any building used and occupied by the Street Department of the city (the “department”) as offices, work area, or for the purposes of storing tools, equipment or materials used by the department.
(C) Restricted access. Access to the city's Street Department Building and fire station is restricted as provided in this division.
(1) It shall be unlawful for any person who is not a member of the City Council, an employee of the city, a member of the Volunteer Fire Department responding to a fire or emergency, an authorized person, or a service provider, to enter into any Street Department Building or within any grounds of any such building that are enclosed by any wall or fence.
(2) It shall be unlawful for any person who is not a member of the City Council, a member of the Volunteer Fire Department, an employee of the city in the performance of their job duties, an authorized person, or a service provider, to enter into any fire station when such station is not attended by members of the Volunteer Fire Department.
(D) Defense to prosecution. It shall be a defense to prosecution under this section if a person is accompanied by a member of the City Council, a city employee or, with respect to any fire station, a member of the Volunteer Fire Department.
(Ord. 475, passed 10-9-96) Penalty, see § 10.99