(A) Definition. For the purpose of this section, the following definition applies unless the context clearly requires a different meaning.
TRESPASS. A trespass with a vehicle. TRESPASS shall be further defined as follows:
(a) Each and every actual entry upon the premises of another person’s real property, public or private, without the owner’s or occupant’s consent thereof, whether express or implied, if the property has a notice posted giving times and prohibiting trespass during certain hours;
(b) Each and every entry in or upon the public or private posted property, except at times and upon conditions when the same is subject to public use;
(c) Remaining upon the premises of another, whether public or private, and refusing to leave the premises forthwith after a demand by the owner or occupant, either in person or by posted notices;
(d) TRESPASS shall also be defined as the act of returning to private property before the posted time of the opening for business operations on the next business day after having been directed to vacate such premises under the terms of this section; and
(e) This definition shall not apply to persons, including employees, whose presence upon such premises is authorized by the owner or a person in lawful possession of such premises. Any person alleged to be guilty of violating this section shall have the responsibility of showing evidence that they are authorized to be on the property in violation of any posted notice. Furthermore, the provisions of this section shall not apply unless the hours of business operation are posted upon the premises.
(B) Trespass prohibited. It is unlawful for any person to remain on or to park any vehicle, which for the purpose of this section shall include, but not be limited to, any device used for transportation, on any public or private property in violation of any posted notice as defined in division (C) below. Any violation of this section shall be considered a violation of the traffic ordinances of the town and shall constitute a TRESPASS as defined in division (A) above, and shall be punishable as hereinafter set forth.
(C) Posted notice.
(1) Before any person shall be guilty of violating division (B) above, the property in question must be posted in a clearly-visible manner with a notice that indicates the hours during which the property is open to the public, and further, a statement that a trespass at any other time is prohibited.
(2) Upon posting the notice as required herein, the owner of the property posting the notice has authorized the town to act as the owner’s agent for the enforcement of the notice the same as if the property were owned and controlled by the town.
(D) Filing of complaints.
(1) An unattended vehicle found to be in violation of this section may be impounded when the required complaint has been properly made and filed as provided in this section.
(2) If a violation of the provisions of this section occurs, the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle on the owner’s or legal occupant’s property, or if the identity of the person parking the vehicle is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property upon which the vehicle is parked or standing.
(3) Upon the filing of the complaint by the property owner or legal occupant, and if there appears to be proper cause to believe the provisions of this section have been violated, the Police Department shall cause the vehicle to be impounded from the property and placed in storage.
(Prior Code, § 7-6-9) Penalty, see § 74.99