§ 8.45.020. Unauthorized entry.


Latest version.
  • A.

    It is unlawful for any person to knowingly enter, use or occupy any occupied or unoccupied dwelling, or structure or use any personal property therein, except with the consent of the owner of the facility or the owner's agent. However, a person may enter, use, or occupy an unoccupied structure specified in this section without the consent of the owner if:

    1.

    The entry, use or occupancy of the facility is for an emergency in the case of immediate and dire need; and

    2.

    The person contacts the owner or agent within 15 days after using the facility or, if the owner is unknown, the municipal police department, and makes a report of the time of entry, use or occupancy of the facility and any damage to the facility or personal property, unless a notice waiving the necessity for such report is posted in the facility by the owner or the owner's agent.

    B.

    In this section, the term "occupied" means that the premises is being used by one or more persons entitled to its enjoyment and use, and this includes actual as well as constructive occupancy.

    C.

    Violation of this section is a class A misdemeanor.

(AO No. 98-59(S), § 1, 5-19-98; AO No. 2003-73, § 3, 4-22-03; AO No. 2014-42, § 6, 6-21-14)