§ 11.04.070. Criminal trespass by motor vehicle.

A.

A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested not to do so by a law enforcement officer or by the owner or an authorized agent of the owner, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant, a group of merchants, or a shopping center or other similar facility for customers if:

1.

The parking area is identified by at least one (1) sign as specified in this subsection, and if the parking area contains more than one hundred fifty (150) parking spaces then by at least one (1) such sign for every one hundred fifty (150) parking spaces, each such sign containing the following information in easy to read printing:

a.

Notice of the elements of the crime of criminal trespass by motor vehicle,

b.

Identification of the property which is reserved for customers' use only,

c.

Identification of the merchant, group of merchants, or shopping center or other similar facility providing the parking area, and

d.

Warning that violators will be prosecuted; and

2.

The motor vehicle is parked, is standing, or is being operated other than for the purpose of:

a.

Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified,

b.

Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area,

c.

Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads, or

d.

Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.

B.

Any person violating this section shall be subject to a monetary fine:

1.

Not to exceed fifty dollars ($50.00) for the first such violation;

2.

Not to exceed one hundred dollars ($100.00) for the second violation; and

3.

Not to exceed one hundred fifty dollars ($150.00) for the third and subsequent violations.

(Added during 1991 codification)