§115-9  Obstructing access to public property; penalty.  (a)  A person commits the offense of obstructing access to public property if the person, by action or by having installed a physical impediment, intentionally prevents a member of the public from traversing:

     (1)  A public right-of-way;

     (2)  A transit area;

     (3)  A public transit corridor; or

     (4)  A beach transit corridor;

and thereby obstructs access to and along the sea, the shoreline, or any inland public recreational area.

     (b)  Physical impediments that may prevent traversing include but are not limited to the following:

     (1)  Gates;

     (2)  Fences;

     (3)  Walls;

     (4)  Constructed barriers;

     (5)  Rubbish;

     (6)  Security guards;

     (7)  Guard dogs or animals; and

     (8)  A landowner's human-induced, enhanced, or unmaintained vegetation that interferes or encroaches within beach transit corridors.

     (c)  Obstructing access to public property is a misdemeanor.

     (d)  Minimum fines for violation under this section shall be as follows:

     (1)  $1,000 for a second conviction; and

     (2)  $2,000 for any conviction after a second conviction.

     (e)  As used in this section:

     "Landowner" means the record owner of the property or the record owner's agent, including a lessee, tenant, property manager, or trustee.

     "Person" means a natural person or a legal entity.

     "Public recreational area" means public lands or bodies of water opened to the public for recreational use. [L 2004, c 169, §2; am L 2010, c 160, §4]

Note

  The source note to this section is supplemented by "am L 2010, c 160, §7; am L 2013, c 120, §4".