§ 38-115. Trespass.

(a)

It is unlawful for any person knowingly to enter or remain upon the premises of another when consent to enter or remain is absent, denied, or withdrawn by the owner, occupant, or person having lawful control thereof.

(b)

It shall be prima facie evidence that consent is absent, denied, or withdrawn, to enter or remain upon the premises of another when:

(1)

Any person fails or refuses to remove himself from said premises when requested to leave by the owner, occupant or person having lawful control thereof; or

(2)

Such premises are fenced or otherwise enclosed in a manner designed to exclude intruders; or

(3)

Private property or public property, which is not then open to the public, is posted with signs which give notice that entrance is forbidden.

(c)

For purpose of subsection (b)(3):

(1)

A "conspicuous sign" shall mean a sign that is at least one (1) square foot in size and sufficiently lighted to be clear and visible and that is posted in a conspicuous location.

(2)

"Sufficient notice" that entrance is forbidden shall be established when the lettering on a conspicuous sign is at least one (1) inch in height and contains language that is substantially similar to the following: "Private property: Keep out …. Violators subject to arrest" or "Private property …. Violators subject to arrest between the hours of _____ and _____."

(d)

If any provision of subsection (a), (b) or (c) is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of the subsection are valid, unless it appears to the court that the valid provisions of the subsection are so essentially and inseparably connected with, and so dependent upon, the void provisions that it cannot be presumed city council would have enacted the valid provisions without the void one, or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.

(Ord. No. 243-83, § 1, 4-18-83; Ord. No. 218-85, § 1, 4-15-85; Ord. No. 587-85, § 1, 10-28-85)

Editor's Note

Ord. No. 243 of 1983 added § 841.9 to the Code 1950; upon the request of the city, the editor has codified this material as § 38-115.

Cross reference

Trespassing on clay, gravel, etc., pit areas, § 19-19; trespassing upon gardens or crops, § 38-72; trespassing with large animals, § 38-73; trespass on playing field at Mile-High Stadium, § 38-86.5.