No person shall break and enter, or enter without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boathouse, hunting or fishing lodge, garage or the out-buildings belonging thereto, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner, occupant, agent or person having immediate control thereof. However, this section shall not apply to entering without breaking any place which at the time of such entry was open to the public, unless such entry has been expressly denied. This section shall not apply in cases where the breaking and entering or entering without breaking was committed by a peace officer or some one under his or her direction in the lawful performance of his or her duties as such peace officer.
(Ord. 85. Passed 5-10-72.)