§ 62-80.1. Recreational trespass.

(a)

Recreational trespass is the unauthorized entry upon the land of another, including rights-of-way, without the express written permission of the owner of the land or right-of-way by person(s) engaged in hunting, fishing, carrying of firearms, or while riding on ATVs or motorcycles or any other motorized vehicles not limited to go carts, three-wheelers and four-wheelers.

(b)

Written permission to enter the property, signed and dated by an owner of the property or the owner of the right-of-way, and in the physical possession of the person entering the land of another, including rights-of-way, shall constitute authorized entry and shall be an affirmative defense to prosecution for recreational trespass.

(c)

Whoever violates the provisions of this section shall be imprisoned for not more than 30 days or fined not more than $250.00, or both.

(d)

Upon a subsequent conviction, regardless of whether the second offense occurred before or after the first conviction, the offender shall be imprisoned for not more than 30 days or fined not more than $500.00, or both.

(e)

Upon a third or subsequent conviction, whether the trespass has been committed in each previous offense upon land, including rights-of-way, belonging to the same landowner or landowners, or the same right-of-way owner or owners, regardless of the time sequence of the occurrence of the offenses, the offender shall be imprisoned for not more than six months or shall be fined not more than $1,000.00, or both.

(Ord. No. O-102-2001, § 1, 5-15-01; Ord. No. O-230-2006, § 2, 10-3-06)