§ 50-128. Trespass at vacant building or property.

(a)

Definitions. As used in this section the term vacant shall mean a property which is lacking habitual presence of human beings who have a legal right to be on the property, or at which substantially all lawful business operations or residential occupancy has ceased. In determining whether a property is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of any building on the property to the occupied space, the condition and value of any items in the property and the presence of rental or for sale signs on the property; provided that multi-family residential property containing five or more dwelling units shall be considered vacant when the majority of all of the dwelling units become unoccupied and a majority remain unoccupied.

(b)

It shall be unlawful for any person to knowingly enter or remain in any vacant building or structure, including, but not limited to, a formerly occupied residential dwelling or dwelling unit, without having on his person the written permission of the owner of such structure granting permission to be in any such building or structure. This subsection does not apply to governmental officers or employees when carrying out a lawful governmental function.

(c)

It shall be unlawful for any person, after first being warned to desist, to knowingly enter or remain on vacant land of another, or outdoors on the land or premises of another on which any vacant building or structure is situated, including, but not limited to, a formerly occupied residential dwelling or dwelling unit, without having on his person a writing such as, by way of example only, a contract or work order for work at the land or premises, or a writing signed by the owner, lessee or other person entitled to possession of the land or premises, that shows that the person has a lawful reason to enter or remain there. This subsection does not apply to governmental offices or employees when carrying out a lawful governmental function.

(d)

It is no defense to a charge under this section that the land or premises involved was owned, controlled or in custody of a public agency.

(e)

It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved when such authorization was secured by deception.

(Ord. No. 110440, § 1, 6-16-11)