§ 50-171. Aggravated trespass.

(a)

A person, who is not a commissioned law enforcement officer in the course of his or her duty, commits aggravated trespass in violation of this section if he or she enters or attempts to enter a building by:

(1)

Force;

(2)

Making threats of force or of physical harm to any occupant;

(3)

Making misrepresentations to any occupant; or

(4)

Causing physical damage to the building.

(b)

The following are exceptions to the foregoing and an apparent violator who shows that one of them exists shall not be guilty of aggravated trespass.

(1)

He or she was responding to an emergency situation where a danger to life or property existed;

(2)

He or she was, at the time of the act, entitled to possess and occupy the building either as owner or as lessee or tenant under a written agreement with the owner;

(3)

a.
He or she had written authorization to enter the building from some person entitled to possess and occupy it either as its owner or as a lessee; and

b.

He or she displayed a legible copy of the written authorization to any occupant of the building who either was seeking to deny access or was questioning his or her authority to enter the building; or

(4)

a.
He or she was the surety or the surety's agent on a bond insuring the appearance in court of someone whom he or she was seeking to take into custody;

b.

The person under bond was entitled to possess and occupy the building either as its owner or as a lessee; and

c.

He or she displayed a certified copy of the bond to any occupant of the building who either was seeking to deny access or was questioning his or her authority to enter the building.

(c)

Any person convicted of a violation of this section shall be punished for that violation by a fine of not less than $400.00 but not more than $500.00, or by imprisonment of not less than 30 days but not more than 180 days, or by both such fine and imprisonment.

(Ord. No. 970020, § 1, 1-16-97)