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A. Definitions.

1. Enter or remain unlawfully means an act of a person who enters or remains on premises when such person’s purpose for so entering or remaining is not licensed, authorized or otherwise privileged.

2. Entry means the intrusion of any part of any instrument or any part of a person’s body inside the external boundaries of a structure or unit of real property.

3. Fenced commercial yard means a unit of real property surrounded completely by either fences, walls, buildings, or similar barriers or any combination thereof, and used primarily for business operations or where livestock, produce or other commercial items are located.

4. Fenced residential yard means a unit of real property immediately surrounding or adjacent to a residential structure and enclosed by a fence, wall, building or similar barrier, or any combination thereof.

5. Nonresidential structure means any structure other than a residential structure.

6. Residential structure means any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.

7. Structure means any building, object, vehicle, railroad car or place with sides and a floor, separately securable from any other structure attached to it and used for lodging, business, transportation, recreation or storage.

B. The following acts shall constitute criminal trespass and any person who commits any of these acts shall be guilty of a misdemeanor.

1. Entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2. Entering or remaining unlawfully in the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

3. Entering or remaining unlawfully on any nonresidential structure or fenced commercial yard.

4. Entering or remaining unlawfully in a residential structure or fenced residential yard.

5. Entering any residential yard, and without lawful authority, looking into the residential structure thereon with the intent to infringe on the inhabitant’s right of privacy. (Ord. No. G-1776, § 1; Ord. No. G-1868, § 7)

State law reference—Criminal trespass, A.R.S. § 13-1501 et seq.