ARTICLE IX


TRESPASSING



EDITORIAL NOTE:
New Article VIII entitled Trespassing added to accommodate Ordinances 91-1471 and 92-1594.

SEC.

15-700.00 Trespassing


    (a)     Movable Property: It shall be unlawful for any person to enter, be upon or use any structure, watercraft or movable belonging to another within the Parish of St. Tammany without the written permission or approval of the owner, lessee, or other person lawfully in charge of the structure, watercraft or movable where the offender knew or reasonably should have known that the entry, use or occupancy is unauthorized.

    (b)     Immovable Property: It shall be unlawful for any person to intentionally enter, be upon or use any enclosed land belonging to another within the Parish of St. Tammany, without the written permission or approval of the owner, lessee, or other person lawfully in charge of said land where the offender knew or reasonably should have known that the entry is unauthorized.

    For purposes of this Section, an enclosed plot of land means any plot of land that is enclosed or surrounded by artificial boundaries, such as public roads, wire fences, walls or flagged or painted lines, if such flagging or paint is used not less than once every twenty (20)

yards, or any combination of the above, or by natural boundaries such as running streams and rivers, or that which is enclosed partially by artificial boundaries and partially by natural boundaries.

    (c)     Enforcement: Enforcement of this Section is authorized, directed and empowered to the Sheriff's Department of St. Tammany Parish, the Louisiana State Police, and duly commissioned agents and officers of the Louisiana Wildlife and Fisheries.

    (d)     Exemption: Exempt herefrom are: law enforcement officers, officials of State and Federal agencies, medical, fire and emergency personnel acting in an official capacity in the performance of their lawful duties; agents and employees of utility companies entering property in the course and scope of their employment; and all others exempt by Federal and State Statutes.

    (e)     Violation; penalty: Whoever violates the provisions of this Section shall be fined not more than FIVE HUNDRED DOLLARS ($500.00) or imprisoned not more than ninety-one (91) days, or both.

    Upon a second or subsequent conviction, regardless of whether second offense occurred before or after first conviction, the offender shall be imprisoned for not more than six (6) months, or shall be fined not more than FIVE HUNDRED DOLLARS ($500.00), or both, provided that any offense under this Section committed more than five (5) years prior to the commission of the crime for which the offender is being tried shall not be considered in the assessment of penalties hereunder.
(Ord. No. 92-1594, adopted 04/23/92)

SEC.

15-700.01 Exclusion Of Provisions For Police Jury District 6


    A) The provisions of Ord. No. 92-1594 as adopted 04/23/92 are excluded from Police Jury District 6 as established therein.

    B) The provisions of said ordinance are more stringent than state law and hereby deemed to be unenforceable in said Police Jury District 6 due to the geographical nature of the District and the many areas utilized by the public.

    C) Only state trespass laws will be recognized and enforced in the geographical area of said Police Jury District 6.
(Ord. No. 92-1594, adopted 04/23/92; amended by Ord. No. 92-1665, adopted 11/19/92)

SEC. 15-702.00 Trespassing - Parish Prison

    No person shall remain on the grounds of the St. Tammany Parish Prison, and shall be deemed as trespassing, after being instructed to leave said property by any law enforcement officer or any other official prison personnel.

    This section shall not apply to any law enforcement officer nor to any individual who is transacting lawful prison, or judicial system, business.


    Any person found to be in violation of this section shall be subject to a fine of not more than one hundred dollars ($100.00) and/or imprisonment for a period of not more than ten (10) days.
Ord. No. 02-0573, adopted 11/07/2002)

SEC. 15-703.00 - 15-717.00 Reserved.

SEC.

15-718.00 Trespassing Prohibited On Levees Within Drainage District No. 4.


    a) Prohibited: It shall be unlawful for any person, whether on foot, bicycle, or in a vehicle of any type, to travel, loiter, walk, play, jog, traverse or encroach upon any levee within the boundaries of Drainage District No. 4.

    b) Exemptions: Exempt herefrom are any law enforcement official(s) engaged in the pursuit of his duties, or individuals contracted by or representing Drainage District No. 4 in connection with the maintenance or preservation of such levees.

    c) Violation: Any violation hereof shall constitute a misdemeanor punishable as is contained in Section 1-008.00 of this Code of Ordinances.

Drainage District No. 4 is directed to purchase, post and maintain appropriate and visible signs to be located at strategic places on its levees to notify individuals of the prohibitions outlined hereinabove. (Ord. No. 91-1471, adopted 07/18/91)

CROSS REFERENCE: See Ordinance No. 91-1471 located in Section 13-001.1 of this Code of Ordinances.