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, <br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 96- 93 <br />By: Mayor Edward Boyle <br />.-? <br />AN ORDINANCE AMENDING SECTION 541.05 OF THE <br />GENERAL OFFENSES CODE OF THE CITY OF NORTH <br />OLMSTED, ENTITLED "CRIMINAL TRESPASS, " IN ORDER <br />TO PROVIDE A MISDEMEANOR PENALTY FOR <br />UNAUTHORIZED SKATE BOARDING ON PRIVATE <br />PROPERTY, AND DECLARING AN EMERGENCY. <br />WHEREAS, under present Section 541.05 of the General Offenses Code, the police, in <br />attempting to deter unauthorized skate boarding on private property, must cite the offending party <br />with a fourth degree misdemeanor; and <br />WHEREAS, it is the desire of this Council to provide for the minor misdemeanor offense <br />of unauthorized skate boarding on private property. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That Section 541.05 of the North Olmsted General Offenses Code, entitled <br />"Criminal Trespass", which presently reads: <br />541.05 CRIMINAL TRESPASS. <br />(a) No person, without privilege to do so, shall do any of the following: <br />(1) Knowingly enter or remain on the land or premises of another; <br />(2) Knowingly enter or remain on the land or premises of another, the use of <br />which is lawfully restricted to certain persons, purposes, modes or hours, <br />when the offender knows he is in violation of any such restriction or is <br />reckless in that regard; <br />(3) Recklessly enter or remain on the land or premises of another, as to which <br />notice against unauthorized access or presence is given by actual <br />communication to the offender, or in a manner prescribed by law, or by <br />posting in a manner reasonably calculated to come to the attention of <br />potential intruders, or by fencing or other enclosure manifestly designed to <br />restrict access; <br />(4) Being on the land or premises of another, negligently fail or refuse to leave <br />upon being notified to do so by the owner or occupant, or the agent or <br />servant of either. <br />(b) It is no defense to a charge under this section that the land or premises involved was <br />owned, controlled or in custody of a public agency.