HomeMy WebLinkAboutO-1959 - Adds Sec. 6.48.020; amends Sec. 6.48.010, trespassing (6.48)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE No.I95"Cj
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AN ORDINANCE OF THE CITY OF MARYSVILLE RELATING TO
TRESPASSING,PROSCRIBING PENALTIES THEREFOR,AND AMENDING
MMC 6.48.0~0.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
section ~.Chapter 6.48 of the Marysville Municipal Code is
hereby amended to add a new section which shall read as follows:
6.48.020 Trespassing.
A.Definitions.As used in this section:
(~)"Enter,"when constituting an element or
part of a crime,means and shall include the
entrance of the person,or the insertion of any
part of his body,or any instrument or weapon held
in his hand and used,or intended to be used to
threaten or intimidate a person or to detach or
remove property.
(2)"Enters or Remains Unlawfully."
(a)A person "enters or remains
unlawfully"in or upon premises when he is
not then licensed,invited,or otherwise
privileged to so enter or remain.
(b)A license or privilege to enter or
remain in a building which is only partly
open to the pUblic is not a license or
privilege to enter or remain in that part of
a building which is not open to the pUblic.
A person who enters or remains upon
unimproved and apparently unused land,which
is neither fenced nor otherwise enclosed in a
manner designated to exclude intruders,does
so with license and privilege unless notice
against trespass is personally communicated
to him by the owner of the land or some other
authorized person,or unless notice is given
by posting in a conspicuous manner.
(3)"Premises"includes any building,
dwelling,or any real property.
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B.Unlawful Acts Designated.A person is guilty
of the crime of trespass if he knowingly enters or
remains unlawfully in or upon the premises of another.
C.Defenses to Prosecution for Violations.In
any prosecution under this section it is a defense
that:
(1)The premises were at the time open to
members of the public and the actor complied with
all lawful conditions imposed on access to or
remaining in the premises;or
(2)The actor reasonably believed that the
owner of the premises,or other persons empowered
to license access thereto,would have licensed him
to enter or remain;or
(3)The actor was attempting to serve legal
process which includes any document required or
allowed to be served upon persons or property,by
any statute,rule,ordinance,regulation,or court
order,excluding delivery by the mails of the
united states.This defense applies only if the
actor did not enter into a private residence or
other building not open to the public and the
entry onto the premises was reasonable and
necessary for service of the legal process.
D.Penalty.Any person violating the provisions
of this section shall be guilty of a misdemeanor and
shall be punished by a fine not to exceed $1,000.00 or
by imprisonment in jail for not more than ninety (90)
days,or by both such fine and imprisonment.
section 2.MMC 6.48.010 is hereby amended by deleting the
references to RCW 9A.52.070(1),.080,and .090,for the reason
that they are replaced by this ordinance.
PASSED by the City Council and APPROVED by the Mayor this
day of August,1993.
CITY OF MARYSVILLE
By !ldw~
MAYOR
ATTEST:
BY~CITYCLERK
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Approved as to form:
BY~~
CITY ATTORNEY
Date of Publication:
Effective Date (5 days after publication):
ORDINANCE - 3
Imsvl/trespass.ord