(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONVEYANCE. Any motor vehicle, vessel, railroad car, railroad engine, trailer, aircraft or sleeping car. TO ENTER A CONVEYANCE includes taking apart any portion of the conveyance.
CULTIVATED LAND. That land which has been cleared of its natural vegetation and is presently planted with a crop, orchard, grove, pasture or trees or is fallow land as part of a crop rotation.
FENCED LAND. That land which has been enclosed by a fence of substantial construction, whether with rails, logs, posts and railing iron, steel, barbed wire, other wire or other material which stands at least three feet in height. For the purpose of this section, it shall not be necessary to fence any boundary or part of a boundary of any land which is formed by water and is posted with signs pursuant to the provisions of this section.
IN THE COURSE OF COMMITTING. An act is committed IN THE COURSE OF COMMIT-TING if it occurs in an attempt to commit the offense or in flight after the attempt or commission.
POSTED, CULTIVATED OR FENCED. Such lands, for the purpose of this section, shall be considered as enclosed and posted.
POSTED LAND. That land upon which reasonably maintained signs are placed not more than 500 feet apart, along and at each corner of the boundaries of the land, upon which signs there appear prominently in letters of not less than two inches in height the words “no trespassing” and in addition thereto, the name of the owner, lessee or occupant of the land. The signs shall be placed in a position as to be clearly noticeable from outside of the boundary line. It shall not be necessary to give notice by posting on any enclosed land or place not exceeding five acres in area on which there is a dwelling house or property that by its nature and use is obviously private in order to obtain the benefits of this article pertaining to trespass on enclosed lands.
STRUCTURE. Any building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.
TRESPASS. The willful unauthorized entry upon, in or under the property of another, but shall not include the following:
(1) Entry by the state, its political subdivision or by the officers, agencies or instrumentalities thereof as authorized and provided by law.
(2) The exercise of rights in, under or upon property by virtue of rights of way or easements by a public utility or other person owning such right of way or easement whether by written or prescriptive rights.
(3) Permissive entry, whether written or oral, and entry from a public road by the established private ways to reach a residence for the purpose of seeking permission shall not be trespass unless signs are posted prohibiting such entry.
(4) Entry performed in the exercise of a property right under ownership of an interest in, under or upon property.
(5) Entry where no physical damage is done to property in the performance of surveying to ascertain property boundaries, and in the performance of necessary work of construction, maintenance and repair of a common property line fence, or building or appurtenances which are immediately adjacent to the property line and maintenance of which necessitates entry upon the adjoining owner's property.
(B) Trespass in structure or conveyance. No person shall knowingly enter in, upon or under a structure or conveyance without being authorized, licensed or invited, or having been authorized, licensed or invited is requested to depart by the owner, tenant or the agent of such owner or tenant, and refuse to do so.
(C) Trespass on property other than structure or conveyance.
(1) No person shall knowingly and without being authorized, licensed or invited, enter or remain on any property, other than a structure or conveyance, as to which notice against entering or remaining is either given by actual communication to such person or by posting, fencing or cultivation.
(2) No person shall defy an order to leave, personally communicated to him by the owner, tenant or agent of such owner or tenant or open any door, fence or gate and thereby expose animals, crops or other property to waste, destruction or freedom, or cause any damage to property by such trespassing on property other than a structure or conveyance.
(D) Exception. The provisions of this section shall not apply in a labor dispute.
('71 Code, § 541.13) (Ord. 578, passed 12-10-79) Penalty, see § 541.99