(A) A person shall not enter or remain on the property of any business or commercial establishment, including, but not limited to the parking areas or other outdoor areas, when the premises are closed for business, unless invited by or given permission to do so by the owner, operator or agent of the business;
(B) A peace officer may stop and detain a suspected violator of division (A) above for the purpose of ascertaining the person's identity and investigating the suspected violation. A peace officer shall not make an arrest or issue a citation unless the peace officer has instructed the person to depart from the property and the person refuses or fails to immediately follow that instruction. It shall not be necessary for a peace officer to request a person violating division (A) above to depart from the property prior to making an arrest or issuing a citation if the violating person has previously been advised of this section by a peace officer.
(C) It shall be prima facie evidence in a prosecution under this section that a person is trespassing if the person is unable to provide evidence of written and/or verbal permission from the owner, operator or agent of a closed business at the time of a suspected violation of this section.
(D) So as to protect closed businesses in the township from theft, burglary and property damage, the owner, operator or agent of a closed business need not be present, nor make a complaint in order for a peace officer to take enforcement action against a suspected violator of this section.
(E) It shall not be necessary for owner, operator or agent of the property to have previously banned the violating person from the property or request the violating person depart from the property prior to taking enforcement action under this section.
(F) A person who violates this section is guilty of a misdemeanor, punishable by up to 30 days in jail and/or a $250 fine, plus cost of prosecution.
(Ord. 164, passed 12-13-2022)