A.   Acts Constituting Trespass: Whoever does any of the following commits trespass:
      1.   Goes upon the grass or turf of any land abutting on a public street where the same is used for lawn or park purposes without permission of the owner or person in charge thereof; or (Ord. 332; amd. 1967 Code §62.22)
      2.   Smokes in a building, area, or common carrier in which "no smoking" notices have been prominently posted, or when requested not to by the operator of the common carrier, or owner of the premises or an employee on the premises; or
      3.   Permits domestic animals or fowls owned or kept by such person to go upon the lands of another within the City; or
      4.   Trespasses upon the premises of another and, without claim of right, refuses to depart therefrom on demand of the lawful possessor thereof; or
      5.   Occupies or enters the dwelling of another, without claim of right or consent of the owner or the consent of one who has the right to give consent, except in an emergency situation; or
      6.   Refuses the request of the operator of a public conveyance to either pay the required fare or leave the conveyance; or
      7.   Takes any animal on a public conveyance without the consent of the operator, except seeing eye dogs or dogs aiding the deaf; or
      8.   Without the permission of the owner, tampers with or gets into or upon a motor vehicle or rides in or upon such motor vehicle knowing it was taken and is being driven by another without the permission of the owner. (1987 Code)
      9.   Goes into a public or private cemetery after the hour of ten o'clock (10:00) P.M. without the express permission of the owner or person in charge thereof. (Ord. 88-20, 1-23-1989)
   B.   Deface Public Property: No person shall injure or deface any of the property, buildings, apparatus or utensils in any public building, any private building housing public offices or public property, schoolhouse, college or other charitable institution, or any property of the City. (Ord. 34; amd. 1967 Code §62.17)
   C.   Criminal Damage To Property: Whoever intentionally causes damage to physical property of another without the latter's consent, which reduces the value of the property by not more than three hundred dollars ($300.00), may, upon conviction, be sentenced in accordance with the provisions of Section 1-4-2 of this Code. (Ord. 472, 9-20-1971)
   D.   Throwing Stones: No person shall throw or cast, or encourage, aid or assist others in throwing or casting any stone or other missiles or projectiles into, upon or against any buildings, erection or other public or private property, or at any person in any street, alley or in any enclosed or unenclosed place, or at any vehicle. (Ord. 188; amd. 1967 Code §62.08)
   E.   Trespass Over Property To Which Public Has Some Implicit Right Of Access:
      1.   Purpose: The purpose of this subsection E is to allow an owner of real property to which the public has some implicit right of access to exclude a person from that property if the person has committed a crime on the property or has violated the properly posted or otherwise provided rules of conduct for the property.
      2.   Definitions: For the purposes of this Chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
       COVERED PREMISES: Any improved real property, or portion thereof, within the City of Moorhead, to which the public has an implicit right of access, including, but not limited to, places of worship, shopping malls, retail sales facilities, hotels, motels, nursing homes, restaurants, multiple dwellings, hospitals, medical and dental offices, clubs, lodges, office buildings, banks and financial institutions, transit stations, athletic and recreational facilities, personal service establishments, theaters, and daycare facilities.
      PRIVATE AREAS: Areas within the covered premises not normally accessible to members of the public without explicit permission of the person in direct control of the area, including, but not limited to, individual apartment units, employee rest areas and facilities, banquet halls, meeting rooms, and private offices.
      PRIVATE COMMON AREAS: Other common areas within the covered premises normally within the exclusive control of a tenant but subject to reasonable regulation by the property manager, including, but not limited to, sales floors, store restroom facilities accessible to customers or clients, checkout lanes, and customer service areas.
      PROPERTY MANAGER: Any owner of a covered premises, or the agent of the owner or any tenant who is authorized by the owner to exercise control over the covered premises, including its public common areas.
      PUBLIC COMMON AREAS: All areas of the covered premises, other than private common areas, maintained for the common use of its tenants or of the general public incidental to normal and legitimate activities upon the covered premises, including, but not limited to: the curtilage; parking lots and ramps; private roadways, sidewalks, and walkways; recreational facilities; reception areas; rotundas; waiting areas; hallways; restroom facilities; elevators; escalators; and staircases.
      TENANT: Any authorized occupant of a covered premises, or the agent thereof, but excluding an occupant of a domestic use, such as a renter or lessee of a dwelling or apartment, resident in a nursing home, or a hotel or motel guest.
      TRESPASS NOTICE: A written notice that contains minimally the following information:
         a.   All of the information contained in subsection E5 and E6 of this Section.
         b.   The name, date of birth, and address of the person to whom the notice is issued and the name of the person's custodial parent or guardian if the person is a juvenile.
         c.   A description of the specific conduct that forms the basis for the issuance of the notice.
         d.   A description of the specific covered premises or portion thereof to which the notice applies.
         e.   The period during which the notice is in effect, including the date of its expiration.
         f.   The name, title, address, and telephone number of a person with authority to modify, amend, or rescind the notice.
         g.   The method by which the notice was served upon the person to whom it was issued.
      3.   Issuance Of Trespass Notice: A property manager or tenant may issue a trespass notice to a person only if there is probable cause to believe the person has, no more than thirty (30) days before the issuance of that notice:
         a.   Committed an act prohibited by State statute or City ordinance while on the covered premises; or
         b.   Violated any rule of conduct for the covered premises that has been conspicuously posted at all public entrances to the covered premises or that the property manager or tenant has provided to the person in writing.
      4.   Coverage Of Trespass Notice:
         a.   If issued by a property manager, a trespass notice is effective only as to those public common areas and private areas within the property manager's exclusive control, except that a trespass notice may also cover private common areas and other private areas provided the tenant or tenants in control of such areas have agreed in writing to be precluded from inviting onto the premises any person to whom a trespass notice has been issued under this subsection E. Such a trespass notice must state that the tenant or tenants of the covered premises are precluded from inviting onto the covered premises any person to whom a trespass notice has been issued under this subsection E.
         b.   If issued by a tenant, the trespass notice is effective only as to those private common areas and private areas over which the tenant has control.
         c.   A notice broader in coverage than authorized by this Section shall not be invalid, but shall be valid to the extent authorized by this subsection E.
      5.   Prohibited Conduct:
         a.   No person shall trespass in or upon any covered premises of another and, without claim of right, refuse to depart therefrom on demand of the property manager, or a tenant authorized to exercise control over the covered premises or portion involved.
         b.   No person served with a trespass notice in conformity with this subsection E shall enter in or upon the premises described therein during its effective period without the written permission of the notice issuer, agent, or assign.
         c.   No person shall enter any public facility, utility, or grounds thereto, or any covered premises or portion thereof in violation of conspicuously posted signs prohibiting or restricting access thereto, including, but not limited to, the following: "No Trespassing", "Authorized Personnel Only", "Private", "Employees Only", "Emergency Exit Only".
      6.   Violations: Any person violating any of the provisions of this subsection E is guilty of an infraction.
      7.   Additional Provisions:
         a.   No trespass notice shall be effective for more than one year.
         b.   All trespass notices issued pursuant to this subsection E must be properly served upon the person named therein as follows:
            (1)   Personal service documented by either a receipt signed by the person to whom it was issued or an affidavit of the issuer; or
            (2)   If the person is arrested or detained by a police officer, the officer may personally serve the notice on behalf of the property manager or tenant and document service in the officer's official police report detailing the incident.
      8.   Severability: If any subsection or portion of this subsection E is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of other subsections or portions of this Section. (Ord. 98-3, 3-16-1998)