HomeMy WebLinkAbout1999-05-17-Ordinance 2290_Criminal Code, TrespassORDINANCE NO.2290
AN ORDINANCE DEFINING THE CRIME OF TRESPASS AS A SIMPLE
MISDEMEANOR,AND PROVIDING THE PUNISHMENT THEREFOR.
BE IT ORDAINED by the Council ofthe City of Waukee:
§6l4.1 Trespass defined.The terrn "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 sale 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 quicldy as is possible,and does not unduly interfere with the lawful use of the
property.
§614.3 Entering npon 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 constitnte a
simple misdemeanor unless the person commits a trespass as defmed 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 unconstitntional,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.
Passed by the Council this 17th day of May,1999,and approved this 17th day of May,
1999.
May 17,1999 -Ordinance Defining Crime of Trespass as a Simple Misdemeanor.
Motion by Councilman Gruber,seconded by Councilman Berger,to have the City Clerk
read the ordinance for the first time in title only.The Mayor asked for a roll call vote:
Ayes:Gruber,Berger,and Peard.Nays:None.Motion carried 3 to O.
May 17,1999 -Ordinance Defining Crime of Trespass as a Simple Misdemeanor.
Motion by Councilman Berger,seconded by Councilman Gruber,to waive the second
and third readings.The Mayor asked for a roll call vote:Ayes:Berger,Gruber,and
Peard.Nays:None.Motion carried 3 to O.
May 17,1999 -Ordinance No.2290 Defining Crime of Trespass as a Simple
Misdemeanor.Motion by Councilman Gruber,seconded by Councilman Berger,to
place the ordinance on final passage.The Mayor asked for a roll call vote:Ayes:Gruber,
Berger,and Peard.Motion carried 3 to O.
Attest: