ORDINANCE NO.   7902

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING SECTION 14-301 OF THE CITY CODE OF THE CITY OF LAWRENCE, KANSAS, 2003 EDITION, TO INCLUDE WITHIN THE DEFINITION OF THE PUBLIC OFFENSE OF CRIMINAL TRESPASS CERTAIN ACTS INVOLVING THE UNAUTHORIZED PRESENCE OF A PERSON ON THE ROOF OF A BUILDING.

Whereas, the governing body of the City of Lawrence, Kansas is entrusted with the responsibility to establish reasonable laws, policies and regulations to further the general public health, safety, welfare, and economic vitality of the community; and

Whereas, unauthorized occupation of the rooftops and of the City poses a risk to the safety of both the person occupying the roof of a building and the pedestrians and other members of the public located nearby; and

Whereas, unauthorized presence on the roof of a building can lead to the damage of that roof and the reduction in its useful life; and 

Whereas, private property owners should be protected against the nonconsensual use of their property to prevent conditions that hinder the free enjoyment of their property.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section  1.  Section 14-301 of Article 4 of Chapter XIV of the Code of the City of Lawrence, Kansas, December 2003 edition, is hereby amended to read as follows:

“14-301      Criminal Trespass

No person shall commit criminal trespass.  Criminal trespass is defined as:

(A) Entering or remaining upon or in any land, nonnavigable body of water, structure, vehicle, aircraft or watercraft other than railroad property by a person with knowledge that such person is not authorized or privileged to do so, and:

(1) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof, or other authorized person; or

(2) Such premises or property are posted in a manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or

(3) Such person enters or remains therein in defiance of a restraining order issued by a court of competent jurisdiction and the restraining order has been personally served upon the person so restrained.

(B) Entering upon the roof of any building without the permission of the owner, the owner’s designee, or a tenant of the building.  This subsection shall not apply to:

(1) Law enforcement officers, firefighters, and emergency medical personnel, during the course of their employment.

(2) Employees of any company providing utility service to the building, during the course of their employment, when roof access is immediately necessary to restore utility service or prevent damage to the building or the utility’s infrastructure.

(3) Individuals who enter upon the roof to escape a structure fire or other natural disaster.”

Section  2.   Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 3.  Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this ________________ day of  ________________, 2005.

PASSED:

Dennis Highberger, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

David L. Corliss, Assistant City Manager

and Director of Legal Services