2.2. Trespassing

• A person who enters another’s property while it is closed or not in operation without the expressed or written permission to do so.

• A person who enters the restricted area of an open facility or property as defined and clearly marked by the property manager without the expressed or written permission to do so.

• This cannot stack with (2)03. Trespassing within a Restricted Zone.

• This crime cannot stack with any form of Burglary

- Penal Code (2)02 is a misdemeanor punishable by a maximum of 10 months imprisonment and no more than $45 in fines.

This falls under Officer Discretion.

NOTES:

Trespassing refers to anyone who is told to leave and refuses to do so, but lacks any intention of committing a crime or other malice aforethought or action. Burglary is a far more severe act of trespassing as it comes with evidence of criminal intent.

If police close down a public space it is trespassing to enter that public space without their authorization. The same applies if a typical public space is temporarily closed.

Owners of trailers or caravans may only consider their trailer or caravan their own property. The surrounding trailer park is not considered their own property when the area includes several other trailers and caravans that are not owned by one individual.