§115-9 - Obstructing access to public property; penalty.

     [§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; or

     (3)  A public transit corridor;

and thereby obstructs access to 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; and

     (7)  Guard dogs or animals.

     (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:

     "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]