Explanation
The purpose of this legislation is to increase the penalties relative to criminal trespassing as established in Columbus City Codes, 1959. This legislation will amend section 2311.21 by increasing the penalty for those convicted under this section, upon the third or subsequent conviction, by making the offense of criminal trespassing a misdemeanor of the third degree. Additionally, if the person previously has been convicted under this section, upon the fifth fourth or subsequent conviction within a one (1) year period, the offense of criminal trespassing is a misdemeanor of the second degree. The intent of this legislation is to increase the penalties for repeat offenders in order to assist property owners in addressing crime occurring on their property. This ordinance makes the necessary changes to this section that will make it conform to the state statute.
Title
To amend existing Section 2311.21 of the Columbus City Codes, 1959, to increase the penalties relative to criminal trespassing.
Body
WHEREAS, the Columbus Division of Police reports an increase in the number of complaints from residents, visitors, and businesses regarding criminal trespassing throughout the City; and
WHEREAS, examples of criminal trespassing include, but are not limited to, knowingly enter or remain on the land or premises of another; knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows he is in violation of any such restriction or is reckless in that regard; recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access; being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner or occupant, or the agent or servant of either; and
WHEREAS, Columbus City Council is amending this sections of City Code pursuant to its police power in order to improve the overall quality of life and public safety of Columbus residents and visitors, and to encourage access to neighborhoods and patronage to Columbus businesses; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
Section 1: That Section 2311.21 of the Columbus City Codes, 1959, shall be amended to read as follows:
2311.21 - Criminal trespass.
(A) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows he the offender is in violation of any such restriction or is reckless in that regard;
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.
(B) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.
(C) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception.
(D) (1) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree. If an offender previously has been convicted of two or more violations of criminal trespass under division (A) of this section, a violation of division (A) of this section is a misdemeanor of the third degree; or, if an offender who, within one year of the offense, previously has been convicted of four three or more violations of criminal trespass under division (A) of this section, a violation of division (A) of this section is a misdemeanor of the second degree.
Notwithstanding the penalty provided in Section 2301.27 whenever an organization is guilty of violating this section such organization shall be fined not more than two hundred fifty dollars.
(2) If the offense occurred on city owned property, in a school building, on school premises, or within 1000 feet of the boundaries of school premises, or on public library premises, then the court shall impose a mandatory jail term of at least ten consecutive days during which mandatory jail term the defendant shall not be eligible for work release. term of imprisonment of at least ten days, which shall not be suspended, shall be a period of consecutive imprisonment, and during which mandatory minimum term of imprisonment the defendant shall not be eligible for probation, house arrest, or work release.
(E) As used in this section, "land or premises" includes any land, building, structure or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.
Section 2. That existing Section 2311.21 is hereby repealed.
Section 3. Severability Clause. That if any section, sentence, clause, or phrase contained in this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this ordinance.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law