§ 9.04.020. Amendment to Section 6.7.

Section 6.7 of the Uniform Public Offense Code, adopted in Section 9.04.010 above, be and the same is hereby amended to read as follows:

SEC. 6.7. CRIMINAL TRESPASS

(a)

Criminal Trespass is.

(1)

Entering or remaining upon or in any land, non-navigable body of water, structure, vehicle, aircraft or watercraft other than railroad property by a person with knowledge that such person is not authorized or privileged to do so, and:

(A)

Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or

(B)

Such premises or property are posted in a manner reasonably likely to come to the attention of intruders, or is locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or

(C)

Such person enters or remains therein in defiance of a restraining order issued by Court of competent jurisdiction and the restraining order has been personally served upon the person so restrained; or

(D)

Such person is in a City park at hours or times the park is not open as defined by Section 12.82.010 of these ordinances.

(b)

(1)

This section shall not apply to a land surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, and such surveyor's authorized agents and employees who enter upon lands, waters, and other premises in the making of a survey.

(2)

Railroad property as defined in K.S.A. 21-5809 and amendments thereto, or nuclear generating facility as defined in K.S.A. 66-2302 and amendments thereto.

Criminal trespass is a Class B violation.

Upon a conviction of a violation of subsection (a)(1)(C), a person shall be sentenced to not less than 48 consecutive hours of imprisonment which must be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.

(Ord. No. 4322, § 1, 8-20-2018)

Editor's note

Ord. No. 4322, § 2, adopted Aug. 20, 2018, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 4313, § 1, 9-5-2017.