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Trespass in parks—Punishment. <br /> A. Any person who knowingly: (1) enters or remains in a park from which he or she has <br /> been excluded during the period covered by an exclusion notice pursuant to Section <br /> 9.06.235 of this chapter; (2) enters, remains in, or is otherwise present within the <br /> premises of a park during hours which the park or portion of the park is not open to the <br /> public, unless the person is present within the park to participate in an activity either <br /> conducted by the parks and recreation department or conducted pursuant to the terms of <br /> a permit issued by the parks and recreation department; or (3) enters or remains in any <br /> area of a park which has been designated and posted by the director as a closed area, <br /> using such postings as "no admittance" or "closed to use" or "no trespassing" shall be <br /> guilty of trespass in parks, a gross misdemeanor, and may be punished by a fine not to <br /> exceed five thousand dollars or imprisonment in jail not to exceed one year, or by both <br /> such imprisonment and fine. <br /> B. Unless otherwise posted, city parks are open to the public from six a.m. to ten p.m. April <br /> 15t to October 31St and six a.m. to eight p.m. November 1st to March 3 l st. The parks are <br /> closed to the public outside of posted times. The parks and recreation director shall have <br /> the authority to modify the time a city park is open and closed to the public where the <br /> director determines it appropriate. <br /> C. The provisions of this section do not apply to any duly authorized department of parks <br /> and recreation or other city employee in the performance of his or her duties, or other <br /> person authorized by law. <br /> D. It is not a defense to the crime of trespass in parks: <br /> 1. That the underlying exclusion issued pursuant to this chapter is on appeal when <br /> the excluded person is apprehended, charged, or tried under this section; nor <br /> 2. That the excluded person entered or remained in the park pursuant to a permit that <br /> was issued in the name of another person either before or after the date of the <br /> exclusion notice. <br /> Is hereby amended to read as follows: <br /> Trespass in parks—Punishment. <br /> A. Any person who knowingly: (1) enters or remains in a park from which he or she has <br /> been excluded during the period covered by an exclusion notice pursuant to Section <br /> 9.06.235 of this chapter; (2) enters, remains in, or is otherwise present within the <br /> premises of a park during hours which the park or portion of the park is not open to the <br /> public, unless the person is present within the park to participate in an activity either <br /> conducted by the parks and recreation department or conducted pursuant to the terms of <br /> a permit issued by the parks and recreation department; or (3) enters or remains in any <br /> area of a park which has been designated and posted by the director as a closed area, <br /> using such postings as "no admittance" or "closed to use" or "no trespassing" shall be <br /> guilty of trespass in parks, a gross misdemeanor, and may be punished by a fine and/or <br /> imprisonment up to the maximum fine amount and term of imprisonment set forth in <br /> EMC 10.07.080.A. <br /> B. Unless otherwise posted, city parks are open to the public from six a.m. to ten p.m. April <br /> 1St to October 31St and six a.m. to eight p.m. November 1st to March 31St. The parks are <br /> closed to the public outside of posted times. The parks and recreation director shall have <br /> 7 <br />