(A) Trespasses prohibited. It shall be unlawful and an offense for any person, firm or corporation to commit a trespass within this city upon either public or private property.
(B) Specific trespasses enumerated. Any of the following acts by any person, firm or corporation shall be deemed a violation of this section.
(1) An entry upon the premises, or any part thereof, of another in violation of a notice exhibited thereon prohibiting entry at specified times;
(2) An entry upon the premises, or any part thereof, of another in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof;
(3) An entry upon any public property, including parks or parking areas, in violation of a notice exhibited thereat prohibiting entry at specified times;
(4) An entry upon any public property in violation of any notice, warning or protest given orally or in writing by a city official;
(5) If on the property of another, or upon public property, lawfully, a failure or refusal to depart in case of being requested to so depart orally or written, by any owner or occupant, or by a city official; or
(6) An entry upon any portion of a public park during regular hours where such entry is specifically prohibited or where the entry involves the use of any vehicle, equipment or device where such use is specifically prohibited, or where the entry otherwise involves acts or conduct which is specifically prohibited.
(C) Content of notice to be exhibited. For purposes of constituting a violation of this section, the exhibited notice required under (B)(1) and (B)(3) and division (F) of this section shall meet the following criteria:
(1) The notice shall be plainly posted in a place or places conspicuous to those who would enter the property;
(2) The notice shall be legible so as to afford reasonable warning prior to the commission of a trespass; and
(3) If upon property to which the public is invited at least some part of the day, the notice shall clearly specify the days and times of day entry is prohibited, and further specify that entry at such times constitutes a punishable offense under this chapter.
(D) Exceptions. Divisions (B)(1) and (B)(3) shall not apply to agents, servants or employees of property owners or occupants where such agents, servants or employees have been duly authorized entry upon posted property.
(E) Penalties. Any person, firm or corporation violating the provisions of division (A) by committing any of the acts enumerated in division (B) shall be guilty of an offense and fined up to $240, including costs.
(F) (1) All terrain vehicle (ATV), off-road vehicle trespass prohibited. No person, firm, or corporations shall use, park, leave or place any all terrain vehicles or off-road vehicles upon any public or private property where such use is specifically prohibited or where the entry otherwise involves acts or conduct which is specifically prohibited.
(2) Vehicular trespass prohibited. No person, firm or corporation shall park, leave or place any vehicle upon any public or private property without the owner’s consent, except where such property is provided for public parking and the use for such parking is not restricted by proper notice.
(G) Penalties for vehicular trespass.
(1) Any person, firm or corporation violating the provisions of division (F) shall be guilty of an offense and upon conviction therefor shall be fined in an amount up to $240, including costs.
(2) Any person, firm or corporation violating the provisions of division (F) shall have the vehicle so parked, left or placed subject to impoundment upon complaint of the property owner or occupant, and shall be wholly responsible for payment of towage and/or storage charges.
(Ord. 3133, passed 4-6-04; Am. Ord. 3170, passed 12-20-05)