(A) It shall be unlawful for any person to break and enter or to enter without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship railroad car or structure used or kept for public or private use or any private apartment therein, or any cottage, clubhouse, boathouse, hunting or fishing lodge, garage or the out-buildings belonging thereto, without obtaining permission to enter from the owner or occupant, agent or person having immediate control thereof. Provided, that this section shall not apply to entering without breaking any place which at that time of the entry was open to the public, unless the entry has been expressly denied.
(B) This section shall not apply in cases where the breaking and entering or entering without breaking were committed by a peace officer or someone under his or her direction in the lawful performance of his or her duties as the peace officer.
(Ord. 27, passed 12-14-1981) Penalty, see § 132.999