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ORDINANCE NO.4 3 3 8
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ADDING A NEW
CHAPTER TO TITLE 9 OF THE AUBURN CITY CODE, DESIGNATED
CHAPTER 9.45 ENTITLED "CRIMINAL TRESPASS".
WHEREAS, The City of Auburn desires to add a new
Chapter 9.45 to the Auburn City Code, entitled "Criminal
Trespass";
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this ordinance is
to add a new Chapter 9.45, Sections 9.45.010 through
9.45.020 to Title 9 of the Auburn City Code entitled
"Criminal Trespass," and to remove the crime of criminal
trespass from Section 9.40.010 entitled "Offenses
Designated" contained in Chapter 9.40 entitled "Disorderly
Conduct" in order to facilitate prosecution.
Section 2. There is added a new Chapter 9.45 Sections
9.45.010 through 9.45.020 to Title 9 of the Auburn City Code
entitled "Criminal Trespass", designating the offense and
providing penalties, which shall read as follows:
9.45.010 Offense designated.
A. A person is guilty of criminal trespass on
private or public property if he or she:
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Ordinance No. 4338
Page 1
March 15, 1989
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1. Knowing that he/she is not licensed or
privileged to do so, enters or remains in
any building or occupied structure or
separately secured or occupied portion
thereof, including but not limited to
Publicly owned or occupied buildings,
structures or portions thereof; or
2. Knowing that he/she is not licensed or
privileged to do so, enters or remains in
any public or private place or on any public
or private premises as to which notice
against trespass thereon is given by the
owner or some other authorized person,
through (i) actual communication to the
actor, or (ii) posting in a manner
Prescribed by law or reasonably likely to
come to the attention of intruders, or (iii)
fencing or other enclosure manifestly
designed to exclude intruders; or
3. Knowing that he/she is not licensed or
privileged to remain, defies an order to
leave public or private places or public or
private premises communicated to him/her by
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Ordinance No. 4338
Page 2
March 151 1989
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the owner of the place or premises or by a
police officer.
It is a defense to prosecution for criminal
trespass that•
a. The building or occupied structure referred
to in subsection A.1 above was abandoned; or
b. Any place or premises referred to in this
subsection was at the time open to members
of the public and the actor complied with
all lawful conditions imposed on access to
or remaining in the premises; or
C. The actor reasonably believed that the owner
of any of the places or premises referred to
in this section or other person empowered to
license access thereto would have licensed
him to enter or remain; or
d. The actor had possession of the premises
originally under a landlord -tenant
relationship or as mortgagor or vendee on a
real estate contract.
B. This chapter shall not apply to peaceful
picketing, public speaking or other lawful
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Ordinance No. 4338
Page 3
March 15, 1989
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expressions of opinion not in contravention of
other laws.
9.45.020 Violation -Penalty.
Any person convicted of a violation of this
chapter shall, upon conviction thereof, be
punished as provided in Section 1.24.010 of this
code.
Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
Section 4. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
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Ordinance No. 4338
Page 4
March 15, 1989
INTRODUCED: -�� 19
PASSED: // r 'F
APPROVED:
MAYOR
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ATTEST:
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Robin Wohlhueter, City Clerk
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APPROVED AS TO FORM:
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Marguerite Schellentrager, City Attorney
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10 Published:
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Ordinance No. 4338
26 Page 5
March 15, 1989
N
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No. 4338 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4338 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the the 5th day of June A.D., 1989.
I further certify that said Ordinance No. 4338 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the 11th day of June, A.D.,
1989.
Witness my hand and the official seal of the City of
Auburn this July 14, 1989, A.D.
P946�-)
Robin Wohlhueter
City Clerk
City of Auburn