§ 131.08. Criminal trespass.

A.

For the purpose of this section, "land or premises" includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.

B.

No person, without privilege to do so, shall do any of the following:

1.

Knowingly enter or remain on the land or premises of another;

2.

Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows he is in violation of any such restriction or is reckless in that regard;

3.

Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;

4.

Being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner or occupant, or the agent or servant of either.

C.

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.

D.

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 the authorization was secured by deception.

E.

Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree. If the offender has been previously convicted of a violation of this section or a similar offense under R.C. § 2911.21 or other municipal codes, violation of this section is a misdemeanor of the third degree. If the offender has been previously convicted two or more times of a violation of this section or similar offenses under state law or other municipal codes, violation of this section is a misdemeanor of the first degree.

(Ord. 728-1973)

(Ord. 71-2009, § 1, 2-9-09)