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pursuant to the terms of a permit issued by the parks and recreation department; or(3) enters or <br /> remains in any area of a park which has been designated and posted by the director as a closed <br /> area, 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 Section <br /> 10.04.080 (A). <br /> B. Unless otherwise posted, city parks are open to the public from six a.m. to ten p.m. April 1st <br /> to October 31st and six a.m. to eight p.m. November 1st to March 31st. The parks are closed to <br /> the public outside of posted times. The parks and recreation director shall have the authority to <br /> modify the time a city park is open and closed to the public where the director determines it <br /> appropriate. <br /> C. The provisions of this section do not apply to any duly authorized department of parks and <br /> recreation or other city employee in the performance of his or her duties, or other person <br /> 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 the <br /> 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 exclusion <br /> notice. <br /> Is hereby amended to read as follows: <br /> Trespass in parks. <br /> A. A person commits the offense of trespass in parks of he or she knowingly: (1) enters or <br /> remains in a park from which he or she has been excluded during the period covered by an <br /> exclusion notice pursuant to Section 9.06.235; (2) enters, remains in, or is otherwise present <br /> within the premises of a park during hours which the park or portion of the park is not open to <br /> the 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 a permit <br /> issued by the parks and recreation department; or(3) enters or remains in any area of a park <br /> which has been designated and posted by the director as a closed area, using such postings as"no <br /> admittance"or"closed to use" or"no trespassing." <br /> B. Unless otherwise posted, city parks are open to the public from six a.m. to ten p.m. April 1st <br /> to October 31st and six a.m. to eight p.m. November 1st to March 31st. The parks are closed to <br /> the public outside of posted times. The parks and recreation director shall have the authority to <br /> 25 <br />