541.052 NEGLIGENT TRESPASS.

   (a)   No person, without privilege to do so, shall do any of the following:

      (1)   Negligently enter or remain on the land or premises of another;

      (2)   Negligently enter or remain on the land or premises of another, as to which notice against unauthorized access or presence given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;

      (3)   Being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner or occupant, or the agent or servant of either.

   (b)   It is no defense to a charge under this section that the land or premises was owned, controlled, or in custody of a public agency.

   (c)   It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved when such authorization was secured by deception.

   (d)   Whoever violates this section is guilty of negligent trespass, a minor misdemeanor.

   (e)   As used in this section, “land or premises” includes land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room or portion thereof.
(Ord. 96-44. Passed 7-22-96.)