4.805 Trespassing – Definitions.
As used in sections 4.806 to 4.810, except as the context requires otherwise.
“Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.
“Coach” means a person who instructs or trains members of a team or directs the strategy of a team participating in a sports event.
“Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.
“Enter or remain unlawfully” means:
(a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and the entrant is not otherwise licensed or privileged to do so; or
(b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge; or
(c) To enter premises that are open to the public after being lawfully directed not to enter the premises.
“Inappropriate behavior” means:
(a) Engaging in fighting or in violent, tumultuous or threatening behavior;
(b) Violating the rules of conduct governing coaches, team players and spectators at a sports event;
(c) Publicly insulting another person by abusive words or gestures in a manner intended to provoke a violent response; or
(d) Intentionally subjecting another person to offensive physical contact.
“Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.
“Person in charge” means a person, or a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. It includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.
“Premises” includes any building and any real property, whether privately or publicly owned.
“Spectator” means any person, other than a team player or coach, who attends a sports event.
“Sports official” means a person who:
(a) Serves as a referee, umpire, linesman or judge or performs similar functions under a different title; and
(b) Is a member of, or registered by, a local, state, regional or national organization that engages in providing education and training in sports officiating.