A. Any person who knowingly (1) enters or remains in a park from which he or she has been excluded during the period covered by an exclusion notice pursuant to MMC 9.28.255; (2) enters, remains in, or is otherwise present within the premises of a park during hours which the park or portion of the park is not open to the public, unless the person is present within the park to participate in an activity either conducted by the parks and recreation department or conducted pursuant to the terms of a permit issued by the parks and recreation department or by special event permit issued pursuant to Chapter 5.28 MMC; or (3) enters or remains in any area of a park which has been designated and posted by the parks manager as a closed area, using such postings as “no admittance” or “closed to use” or “no trespassing” shall be guilty of trespass in parks, a gross misdemeanor, and may be punished by a fine not to exceed five thousand dollars or imprisonment in jail not to exceed one year, or by both such imprisonment and fine.

B. The provisions of this section do not apply to any duly authorized department of parks and recreation or other city employee in the performance of his or her duties, or other person authorized by law.

C. It is not a defense to the crime of trespass in parks: