HomeMy WebLinkAboutOrd 2006-15 ORDINANCE NO. 06-15
,,. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS
TOWN CODE, CHAPTER 11, OFFENSES, BY ADDING A NEW SECTION
11-1-16, RELATING TO CRIMINAL TRESPASS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Fountain Hills Town Code, Chapter 11, Offenses, is hereby
amended by adding a new Section 11-1-16, Criminal Trespass,to read as follows:
A. Definitions. As used in this Section, unless the context clearly requires otherwise:
1. "Entering or remaining unlawfully" means an act of a person who enters or
remains on premises when such person's purpose for so entering or remaining is
not licensed, authorized or otherwise privileged.
2. "Entry"means the intrusion of any part of any instrument or any part of a
person's body inside the external boundaries of a structure or unit of real property.
3. "Fenced commercial yard" means a unit of real property surrounded completely
by either fences, walls, buildings, or similar barriers or any combination thereof,
and used primarily for business operations or where livestock, produce or other
commercial items are located.
4. "Fenced residential yard"means a unit of real property immediately surrounding
or adjacent to a residential structure and enclosed by a fence, wall, building or
similar barrier, or any combination thereof.
5. "Nonresidential structure"means any structure other than a residential structure.
6. "Residential structure" means any structure, movable or immovable, permanent or
temporary, adapted for both human residence and lodging whether occupied or
not.
7. "Structure"means any building, object, vehicle, railroad car or place with sides
and a floor, separately securable from any other structure attached to it and used
for lodging, business,transportation, recreation or storage.
B. A person commits criminal trespass by knowingly:
1. Entering or remaining unlawfully in or on a residential structure or a fenced
residential yard.
2. Entering any residential yard and, without lawful authority, looking into the
Lhiw` residential structure thereon in reckless disregard of infringing on the inhabitant's
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right of privacy.
,,,,, 3. Entering or remaining unlawfully on any real property after a reasonable request
to leave by the owner or any other person having lawful control over such
property, or reasonable notice prohibiting entry.
4. Entering or remaining unlawfully in or on any nonresidential structure or in any
fenced commercial yard.
5. Entering or remaining unlawfully on the property of another and burning,
defacing, mutilating or otherwise desecrating a religious symbol or other religious
property of another without the express permission of the owner of the property.
C. Criminal trespass is a class 1 misdemeanor.
D. In the event the defendant charged is a juvenile, the parents or other adult persons with
whom the juvenile resides or who have custody over such juvenile shall be likewise cited
and shall be subject to the fines provided herein.
E. The Town Manager is authorized to (1) offer a reward for the apprehension of parties
who might be guilty of violation of this section and (2) solicit reward funds and other
cooperation from the citizens and businesses within Fountain Hills.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, June 15, 2006.
FOR THE TOWN FOUNTAIN HILLS: ATTESTED TO:
. J. Nich Is, ay Bevelyn J. B der, own Clerk
REVIEWED BY:._ - APPROVED AS TO FORM:
elPt
Timothy G. Pickering, Town nager Andrew J. McGuire, Town Attorney
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