§ 2311.21. Criminal trespass.

(A)

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 the offender 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 by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.

(B)

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.

(C)

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 such authorization was secured by deception.

(D)

(1) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree. If an offender previously has been convicted of two (2) or more violations of criminal trespass under division (A) of this section, a violation of division (A) of this section is a misdemeanor of the third degree; or, if an offender who, within one (1) year of the offense, previously has been convicted of three (3) or more violations of criminal trespass under division (A) of this section, a violation of division (A) of this section is a misdemeanor of the second degree.

Notwithstanding the penalty provided in Section 2301.27 whenever an organization is guilty of violating this section such organization shall be fined not more than two hundred fifty ($250.00) dollars.

(2)

If the offense occurred on city owned property, in a school building, on school premises, or within one thousand (1,000) feet of the boundaries of school premises, or on public library premises, then the court shall impose a mandatory jail term of at least ten (10) consecutive days during which mandatory jail term the defendant shall not be eligible for work release.

(E)

As used in 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.

(ORC 2911.21; Ord. 2535-94; Ord. No. 1145-2011, § 1, 7-18-2011)