(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL OR BUSINESS PROPERTY.
Structures, buildings, offices, parking lots and areas, yards, open grounds and fields within the boundaries of the business property.
ENTRY.
The intrusion of the entire body or being the occupant or driver of a motor or other vehicle which has entered and remained on the property of another.
LOITERING.
To linger, wander about in idleness upon the property of another.
NOTICE.
Means:
(1) Oral communication that entry or remaining upon the property is forbidden given by persons with apparent authority to act for the owner of the property.
(2) Written communication by a sign or signs posted on the property reasonably likely to come to the attention of the persons entering the property.
(3) Fencing or other enclosures designed to exclude or limit entry for unauthorized persons including door and doorways posted with signs that limit access to “authorized persons only” or “employees only.”
RESIDENTIAL PROPERTY.
Structures, buildings, garages, and the surrounding yard and driveway located within the boundaries of the owner's property.
SCHOOL PROPERTY.
Structures, buildings, garages, classrooms, offices, grounds, practice and playing fields of a public or private school within the boundaries of the school's
property.
(B) Trespassing on residential property prohibited.
(1) A person commits an offense if he or she enters or remains on the residential property of another without effective consent and he or she:
(a) Had notice that the entry was forbidden;
(b) Received notice to depart but failed to do so; or
(c) Entered any fenced area or structure without the consent of the owner.
(2) The provisions of this division shall not apply to those persons employed and operating within the scope of their duties in the installation, repair, maintenance, connection and disconnection or the reading of meters on the property of another for any cable television service, gas water sewer, and electric subject to regulation by the Public Utility Commission of Texas or the Railroad Commission of Texas, or any services authorized by law to enforce provisions, codes and statutes of the state and its political subdivisions.
(C) Trespass on commercial or business property prohibited. A person commits an offense if he or she enters or remains on any commercial or business of another without the effective consent of the owner and he or she:
(1) Had notice that entry was forbidden; or
(2) Received notice to depart but failed or refused to do so.
(D) Climbing elevated structures prohibited. A person commits an offense if he or she climbs upon any building, fence, pole, tower, or other elevated structure or its related attachments and such person was not engaged in the maintenance, repair, installation, connection or disconnection to the structure or its related attachments.
(E) Loitering on commercial or business property prohibited.
(1) A person commits an offense if he or she loiters upon any commercial or business property parking lot or area, yard, open field, or ground within the city without the effective consent of the owner and:
(a) The property was posted with a “no loitering” sign or signs that were reasonably likely to come to the attention of persons on the property between any hours specified by such sign;
(b) The person had received previous notice from a person with apparent authority to act for the property owner that the person could not remain or loiter on the property; or,
(c) Having received a previous notice not to remain or loiter on the property and having departed and later returned to the property without the consent of the owner.
(2) For the purpose of this division, oral notice may be given by the property owner or any official or employee of the business to include those relatives of the property owner acting in the owner's absence. Notice may also be given by any police officer who is acting on either oral or written request and authorization from the business owner or an official of the business to cause the removal or arrest of persons found loitering on business property.
(F) Loitering on school property prohibited.
(1) A person commits an offense if he or she loiters upon school property and:
(a) Enters a school building that has a sign posted “visitors please report to main office upon entering the building during regular school hours” and fails to report his or her presence to school officials; or
(b) Was warned to leave the school property by an official or employee of the school to depart and failed to do so, or after departing returned to the school property without the authorization or consent of the school's officials or employee.
(2) This division shall not apply to persons with custodial custody of a student currently enrolled within the school or persons involved in any official function authorized by the school or persons and visitors attending school functions, activities, and athletic events sponsored by the school, or persons involved in the use of athletic equipment, track or training fields when such use is authorized by school officials.
(3) A person commits an offense if he or she enters, remains, or loiters within a school bus without the consent of the school bus driver or other school official. It is a defense to prosecution under this division (F)(3) that the person was currently enrolled as a student when the offense was committed.
(G) Authority to enforce. Authority to enforce this section shall be vested in the Chief of Police or his or her assigns.
(Ord. 715, passed 8-14-90) Penalty, see § 10.99