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A. Definitions. As used in this section, unless the context clearly requires otherwise:

1. "Entering or remaining unlawfully" means an act of a person who enters or remains on premises when such person’s purpose for so entering or remaining is not licensed, authorized or otherwise privileged.

2. "Entry" means the intrusion of any part of any instrument or any part of a person’s body inside the external boundaries of a structure or unit of real property.

3. "Fenced commercial yard" means a unit of real property surrounded completely by either fences, walls, buildings, or similar barriers or any combination thereof, and used primarily for business operations or where livestock, produce or other commercial items are located.

4. "Fenced residential yard" means a unit of real property immediately surrounding or adjacent to a residential structure and enclosed by a fence, wall, building or similar barrier, or any combination thereof.

5. "Nonresidential structure" means any structure other than a residential structure.

6. "Residential structure" means any structure, movable or immovable, permanent or temporary, adopted for both human residence and lodging whether occupied or not.

7. "Structure" means any building, object, vehicle, railroad car or place with sides and a floor, separately securable from any other structure attached to it and used for lodging, business, transportation, recreation or storage.

B. A person commits criminal trespass by knowingly:

1. Entering or remaining unlawfully in or on a residential structure or a fenced residential yard.

2. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant’s right of privacy.

3. Entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

4. Entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.

5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.

C. Criminal Trespass is a class 1 misdemeanor.

D. In the event the defendant charged is a juvenile, the parents or other adult persons with whom the juvenile resides or who have custody over such juvenile shall be likewise cited and shall be subject to the fines provided herein.

E. The Town Manager is authorized to (1) offer a reward for the apprehension of parties who might be guilty of violation of this section and (2) solicit reward funds and other cooperation from the citizens and businesses within Fountain Hills. (06-15, Added, 06/15/2006)