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HomeMy WebLinkAbout2021-06-30-6141 AN ORDINANCE DEFINING THE CRIME OF TRESPASS AS A SIMPLE MISDEMEANOR, AND PROVIDING THE PUNISHMENT THEREFOR. BE IT ORDAINED by the Council of the City of Waukee: §614.1 Trespass defined. The term “property” shall include any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure whether publicly or privately owned. The term "trespass" shall mean one or more of the following acts: A.Entering upon or in property without the express consent of the owner, lessee, or person in lawful possession, with the intent to commit a public offense, to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property. This paragraph does not prohibit the unarmed pursuit of game or furbearing animals lawfully injured or killed which come to rest on or escape to the property of another. B.Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property. C.Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others. D. Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession. §614.2 Retrieving personal property. The term "trespass" shall not mean entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. §614.3 Entering upon the right-of-way of a public road or highway. The term "trespass" does not mean the entering upon the right-of-way of a public road or highway. §614.4 Misdemeanor. Each violation of this ordinance shall constitute a 2 simple misdemeanor unless the person commits a trespass as defined herein which results in injury to any person or damage in an amount more than one hundred dollars to anything, animate or inanimate, located thereon or therein; or unless such person knowingly trespasses on the property of another with the intent to commit a hate crime as defined in §729A.2, in which case such person commits a serious misdemeanor. §614.5 Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. §614.6 Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. §614.7 Effective Date. This ordinance shall be in effect upon its final passage, approval and publication as provided by law. May 17, 1999 – Ordinance No. 2290