A. Any person shall be guilty of trespass in parks who knowingly:
1. Enters or remains in a park from which he or she has been excluded during the period covered by an exclusion notice pursuant to SMC 13.04.222;
2. Enters, remains in, or is otherwise present within the premises of a park during hours which the park or portion of the park is not open to the public, unless the person is present within the park to participate in an activity either conducted by the City or conducted pursuant to the terms of an approved Special Event Permit issued by the City; or
3. Enters or remains in any area of a park which has been designated and posted by the Mayor or his/her designee as a closed area, using such postings as “no admittance” or “closed to use” or “no trespassing.”
B. The provisions of this section do not apply to any duly authorized City employee in the performance of his or her duties, or other person authorized by law.
C. It is not a defense to the crime of trespass in parks:
1. That the underlying exclusion issued pursuant to this chapter is on appeal when the excluded person is apprehended, charged, or tried under this section; nor
2. That the excluded person entered or remained in the park pursuant to a permit that was issued in the name of another person either before or after the date of the exclusion notice. (Ord. 2335 § 12, 2018; Ord. 2168, 2009.)