9.10.140 Criminal trespass.
A. Every person is guilty of criminal trespass, a misdemeanor, who, knowing that he is not license or privileged to do so:
1. Enters or remains in any building or occupied structure or separately secured or occupied portion thereof including, but not limited to, publicly owned or occupied buildings, structures, or portions thereof;
2. Enters or remains in any public or private place or on any public or private premises as to which notice against trespass thereon is given by the owner or some other authorized person, through:
a. Actual communication to the actor,
b. Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders, or
c. Fencing or other enclosure manifestly designed to exclude intruders; or
3. Defies an order to leave public or private place or public or private premises communicated to him by the owner of the place of premises or by some other authorized person.
B. It is a defense to prosecution for criminal trespass under this section that:
1. Any place or premises referred to in this section was at the time open to members of the public and that the actor complied with all lawful conditions imposed on access to or remaining in the premises;
2. The actor had possession of the premises originally under a landlord-tenant relationship or as mortgagor or vendee on a real estate contract and was acting in good faith pursuant thereto; or
3. The actor reasonably believed that the owner of the premises or other person empowered to license access thereto would have licensed him to enter or remain. (Ord. 628, 1976)