(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PROPERTY. Any land, dwelling, building, conveyance, vehicle or other temporary or permanent structure, whether publicly or privately owned.
TRESPASS.
(a) One or more of the following acts:
1. Entering upon or in property without the express permission of the owner, lessee or person in lawful possession with the intent to commit a public offense; to use, remove therefrom, alter, damage, harass or place thereon or therein anything animate or inanimate; or to hunt, fish or trap on or in the property. This division (a)1. does not prohibit the unarmed pursuit of game or fur-bearing animals lawfully injured or killed which come to rest on or escape to the property of another;
2. Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee or person in lawful possession or the agent or employee of the owner, lessee or person in lawful possession or by any peace officer, magistrate or public employee whose duty it is to supervise the use or maintenance of the property;
3. Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others; and/or
4. Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee or person in lawful possession.
(b) The term TRESPASS shall not mean entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. The term TRESPASS does not mean the entering upon the right-of-way of a public road or highway.
(B) Any person committing a trespass commits a violation of this section.
(2013 Code, § 21-49) (Ord. 75, passed 8-14-1950) Penalty, see § 130.999
Statutory reference:
Similar provisions, see I.C.A. § 716.7