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CHAPTER 3
OFFENSES AGAINST PROPERTY
SECTION:
11-3-1: Unauthorized Use Of Motor Vehicles On Private Or Public Property
11-3-2: Trespassing On City Parks, Cemeteries And Golf Courses
11-3-3: Open Fires
11-3-4: Unlawful Posting Of Notices
11-3-5: Removal Of Gates Or Signs
11-3-6: Scavenging Prohibited
11-3-1: UNAUTHORIZED USE OF MOTOR VEHICLES ON PRIVATE OR PUBLIC PROPERTY:
   A.   Private Property: It is unlawful for any person to operate any type of motor vehicle (including, but not limited to, motorcycles, trail bikes, dune buggies, motor scooters or jeeps) upon the private property of another, except a highway or private street, without first obtaining the written permission of the person in lawful possession of the property or, if the property is unoccupied, the owner of such property.
   B.   Public Property: It is unlawful for any person to operate any type of motor vehicle (including, but not limited to, motorcycles, trail bikes, dune buggies, motor scooters or jeeps) upon any public property, except a highway or private street, without first obtaining the written permission of the public entity which is in possession of such property or, if the property is unoccupied, the public entity which owns such property.
   C.   Possession Of Written Permission: Every person who operates any type of motor vehicle upon the private property of another or upon any public property, except a highway or private street, at all times while so operating such motor vehicle shall maintain in their possession the written permission required by subsections A and B of this section, except that if the same document grants permission to two (2) or more persons, a person named in such document need not have it in their possession while another person named in the same document riding in the same group and not more than three hundred feet (300') from said person has such document in his possession.
   D.   Private Street Defined: As used in this section, "private street" means a street over which private persons have an easement to travel and does not include driveways, paths or other ways over which no one has a right to travel except by license.
   E.   Exceptions: This section does not prohibit the use of such property by the following:
      1.   Emergency vehicles;
      2.   Vehicles of commerce in the course of the conduct of normal business;
      3.   Vehicles being operated on property devoted to commercial or industrial purposes where such operation is in conjunction with commercial or industrial use and where such operation is implied or expressly given by the person in possession of said property;
      4.   Vehicles operated on property actually used for residential purposes and where such vehicles are there at the expressed or implied invitation of the owner or occupant;
      5.   Vehicles being operated on public or private parking lots where permission to so operate is implied or expressly given by the person in possession of the lot.
   F.   Violation; Penalty: A violation of this section is a class C misdemeanor, subject to the penalties provided under title 1, chapter 4 of this code.
(1979 Code § 9.03.010; Ord. 98-46, 6-23-1998)
11-3-2: TRESPASSING ON CITY PARKS, CEMETERIES AND GOLF COURSES:
   A.   Parks: It is unlawful for any person to enter or be upon any city park at any time from one hour after sunset to one hour before sunrise, except when participating in or attending an activity sponsored by the city or allowed under a special event permit issued by the city, and except for persons crossing a park on a regularly established walkway.
   B.   Cemetery: It is unlawful for any person to enter or be upon the city cemetery at any time from one hour after sunset to one hour before sunrise, except for the day before Memorial Day and Memorial Day, when the hours when no person shall enter or be upon the city cemetery shall be between ten o'clock (10:00) P.M. and four o'clock (4:00) A.M.
   C.   Golf Courses: It is unlawful for any person to enter or be upon the city golf courses between the hours of ten o'clock (10:00) P.M. and four o'clock (4:00) A.M., except when participating in or attending an activity sponsored by the city or allowed under a special event permit issued by the city.
   D.   Posting Of Time Restrictions: The time restrictions shall be posted at the main entrance to the park, cemetery, or golf course.
   E.   Violation; Penalty: A violation of this section is a class C misdemeanor, subject to the penalties provided under title 1, chapter 4 of this code.
(1979 Code § 9.03.020; Ord. 98-46, 6-23-1998; amd. Ord. 2007-21, 5-22-2007)
11-3-3: OPEN FIRES:
   A.   Unlawful: It is unlawful for any person to:
      1.   Build, maintain or assist in building or maintaining any fires upon any of the streets within the limits of the city, whether paved or unpaved.
      2.   Build, maintain, possess or assist in building or maintaining any open fire or open flame in a location identified in an order issued by the fire marshal pursuant to section 2-4-17 of this code. For purposes of this section, the terms open fire and open flame include, but are not limited to: bonfires and recreational fires, whether contained or uncontained, and the lighting, igniting or carrying of any lighted tobacco, cigarette, pipe, cigar or other type of smoking paraphernalia or material.
   B.   Violation; Penalty: A violation of this section is a class B misdemeanor, subject to the penalties provided under title 1, chapter 4 of this code.
(Ord. 2009-45, 6-23-2009)
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