Page:1965 North Dakota Session Laws.pdf/194

194 CHAPTER 106

S. B. No. 271

(Robinson, Solberg)

WILLFUL TRESPASS

AN ACT

To define willful trespass upon land, providing a penalty, and to repeal section 12-41-12 of the North Dakota Century Code.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Trespasses Upon Lands Enumerated-Misdemeanor.) Any person who willfully commits any trespass by either:

1. Willfully opening, tearing down or otherwise destroying any fence on the enclosed land of another, or opening any gate, bar or fence of another and willfully leaving it open without the permission of the owner, or maliciously tearing down, mutilating, or destroying any sign, signboard, or other notice relative to trespassing;

2. Entering any lands, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his agent or by the person in lawful possession;

3. Entering cultivated or enclosed lands where signs forbidding trespass are displayed at intervals not less than four to the mile along exterior boundaries;

4. Entering any privately owned lands described in subsection 3, without the permission of the owner of such land, his agent or of the person in lawful possession and

a. Refusing or failing to leave such lands immediately upon being requested by the owner of such land, his agent or by the person in lawful possession to leave such land;

b. Tearing down, mutilating or destroying any signs, signboard, or notice forbidding entry on such lands; or

c. Removing, injuring, unlocking or tampering with any lock on any gate on or leading into such lands;

is guilty of a misdemeanor.