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(a) It shall be unlawful to commit trespass in the City. Private property within this section shall include private property where the public is a business invitee. A person commits trespass if that person:

(1) Enters upon or refuses to leave any private property of another, where such property has been posted with "no trespass" signs, which are visible to persons entering upon the private property or which have been posted at reasonable intervals along the property boundary.

(2) Enters upon or refuses to leave any private property of another, when immediately prior to such entry or refusal to leave oral or written notice is given by the owner, a police officer or firefighter acting in the course of his or her employment or person responsible for the care of the property that such entry or continued presence is prohibited.

(3) Enters upon or refuses to leave any public place after receiving a lawful order to leave from any police officer or firefighter acting in the course of assigned duties.

(4) Enters upon or refuses to leave the property of any parochial school, private school, or public school district where such property is used for the education of persons, after being told not to enter or after being told to leave by the principal, teacher, staff member, or by any person entrusted with the authority to maintain and supervise the property.

(5) Enters or remains in or upon premises which are enclosed in a manner designed to exclude intruders or which are fenced.

(6) Without being licensed, invited by a person with authority, or otherwise privileged, enters or remains in or upon premises of another.

(7) Enters or remains in or upon the building, property or premises of any parochial school, private, or public school where such property or premises has been posted with "no trespassing" signs at the public entries to the building, property, or premises and such person is not a student enrolled in that school, an employee of the school district, or a parent or custodian of a student enrolled in that school. For the purposes of this subsection, the term "student" shall not include any person who is enrolled in the school, but is suspended, expelled, or otherwise prohibited from attending classes on the date and time of the alleged violation.

(8) Enters or remains upon any private property or any building or property of any commercial establishment after such person has been given notice, in writing, signed by the owner or other person with authority to control access, that such person is prohibited from returning to such property or commercial establishment.

(b) It shall be an affirmative defense to charges under subsections (a)(1) through (5) and (7) of this section that the defendant is licensed, invited by a person with authority, or otherwise privileged to so enter, remain, or refuse to leave.

(c) As used in this section, the term "premises" means real property, buildings, and other improvements thereon and the stream banks and beds of any nonnavigable freshwater streams flowing through such real property.

(d) It shall be an affirmative defense to charges under subsections (a)(1), (2), (5) and (6) of this section that it was necessary for the person to enter and remain upon the premises to perform a duty imposed by law. (Code 1979, § 27-50; Ord. No. 2009-18, § 1, 4-13-2009)