HomeMy WebLinkAboutord1982-0761
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DATE: October 7, 1982 PROPOSED BY: Prosecuting Attorney
INTRODUCED BY: Johnson
ORDINANCE NO. 82 -76
AN ORDINANCE ESTABLISHING CERTAIN
ACTS OF TRESPASS AS MISDEMEANORS
AND ESTABLISHING PENALTIES THEREFOR..
WHEREAS, the Whatcom County Council deems it in the best
interest of the landowners and occupiers of Whatcom County to adopt
an ordinance specifically addressing the issue of Trespass upon Real
Property; and,
WHEREAS, enforcement of present State laws regarding tre
pass places an economic burden upon law enforcement agencies and the
judicial system; and,
WHEREAS, it is the legislative intent of this ordinance
.to more effectively promote the public safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE WHATCOM COUNTY
COUNCIL that a new chapter is hereby added to Title 8 of the Whatcom
County Code, to be designated as Chapter 8.24, and which shall pro-
vide as follows:
CHAPTER 8.24
TRESPASS ON REAL PROPERTY
8.24.010 Trespass on Real Property
(1) A person is guilty of Trespass on Real Property if
he knowingly enters or remains unlawfully in or upon the real
property of another.
(2) Trespass on.Real Property is a. Misdemeanor. Violat rs
shall, upon conviction, be punished by imprisonment in the,County Ja 1
for not more than ninety (90) days or by a fine of not more than $500.00
or both.
8.24.020 Trespass on Real Property D'e'f'ens'es.
In any prosecution under Section 8.24.010, it is a de-
fense that:
(1) The real property was at the time open to members o
the public and the actor complied with all lawful conditions imposed
on access to or remaining on the real property; or,
(2) The actor reasonably believed that the owner of the
real property, or other person empowered to license access thereto,
would have licensed him to enter or remain.
INANCE - 1.
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8.24.030 Definitions
The following definitions apply in this chapter:
(1) "ENTER" - The word "enter" when constituting an
element or part of a crime, shall include the entrance of the
person, or the insertion of any part of his body, or any in-
strument 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 person "enters
or remains unlawfully" in or upon real property when he is not
then licensed, invited, or otherwise privileged to so enter or remaii
A person who enters or remains upon unimproved and apparently unused
land, which is neither fenced nor otherwise enclosed in a manner de-
signed 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) "KNOWLEDGE" - A person knows or acts knowingly or
with knowledge when:
(a) He is aware of a fact, facts, or circumstances or
result described by a statute defining an offense; or,
(b) He has information which would lead a reasonable mar
in the same situation to believe that facts exist which facts are
described by a statute defining an offense.
(4) "PERSON" - "HE" and "ACTOR" include any natural
erson and, where relevant, a corporation, joint stock association,
r an unincorporated association.
PASSED this 4th day of
RNMY Sii►.'Im
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November , 1982.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
BY:
WILLIAM P. ROEHL,
Council Chairperson
(� APPROVED ( ) VETOED
JOHN _ U S ,
Coun y Executive
DATE: November 5, 1982
lished October 24. 1982 and November 12, 1982
is ordinance becomes effective on November 15, 1982
OP INANCE - 2.