§ 13-9. Criminal trespass.

(a)

Criminal trespass will be defined as when a person is on the property of another without the explicit consent of the owner, legal agent, or legal lessee of the property when the person:

(1)

Had notice entry was forbidden.

(2)

Had notice and failed to depart.

a.

Entry means intrusion of the entire body.

b.

Notice means:

1.

Written or oral communication of owner or someone with apparent authority to act for owner.

2.

Fence or other enclosure obviously designed to exclude intruders or to contain livestock.

3.

Sign or signs posted on property at obvious points of ingress or egress, which is reasonably likely to come to the attention of intruders that entry is forbidden.

4.

Placement of vertical lines of identifying purple paint marks on trees or posts on the property provided that the marks are:

i.

Vertical lines are at least eight (8) inches in length and not less than one (1) inch wide.

ii.

Placed so the bottom of the mark is not less than three (3) feet from the ground and no more than five (5) feet high.

A.

One hundred (100) feet apart on forest land or

B.

One thousand (1,000) feet apart on other land.

(b)

Affirmative defenses to the prosecution to this section shall be:

(1)

The person who enters has written consent to be on the property by the owner or his legal agent (legal lessee of the property).

(2)

A forester or his employee engaged in conducting a forestry survey or other related foresting operations.

(3)

Peace officer or wildlife and fishery agents in the line-of-duty.

(4)

Employees of Louisiana Forestry Commission entering for the purpose of suppressing wildfires.

(5)

A registered surveyor or his employees engaged in the practice of land surveying.

(c)

Penalties for criminal trespass be:

(1)

The first offense of criminal trespass shall carry a fine not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) and/or thirty (30) days imprisoned in the parish jail.

(2)

The second offense of criminal trespass regardless of whether the second offense occurred before or after the first conviction, the offense shall carry a fine of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00) and/or sixty (60) days in the parish jail or both.

(3)

For third or subsequent convictions, the offense shall carry a fine of five hundred dollars ($500.00) and/or imprisonment for ninety (90) days in the parish jail or both.

(Ord. No. 942, 6-4-2002)