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premises if: <br /> <br /> (a) Enters or remains unlawfully in a dwelling; <br /> (b) Enters or remains unlawfully in or upon premises that have been <br />determined to be not fit for use under ORS 453.855 to 453.912 as provided by <br />administrative rules adopted by the city manager under section 2.019 of this code; <br /> (c) Having been denied future entry to a building pursuant to a merchant' s <br />notice oftrespass, reenters the building during hours when the building is open to the <br />public with the intent to commit theft therein; or <br /> (d) Enters or remains unlawfully upon railroad yards~ tracks, bridges or <br />rights of way. <br />(2) Subsection (1)(b) of this section does not apply to the owner of record of the <br /> <br /> (a) The owner enters or remains on the premises for the purpose of <br />inspecting or decontaminating the premises or lawfully removing items from the <br />premises; and <br /> (b) The owner has not been arrested for, charged with or convicted of a <br />criminal offense that contributed to the determination that the premises are not fit for <br />use. <br /> <br />Section 4, Subsections (1) and (9) of Section 4.990 of the Eugene Code, 1971~ are arnended <br /> <br />by revising the penalty for violation of Section 4.110 by adding penalties for violation of new <br /> <br />subsections (1), (2) and (3) to the penalty table; deleting the entries for Sections 4~131 and 4.732 <br /> <br />the penalty table; and deleting subsection (9), as follows: <br /> <br />Penalties <br /> <br />4:990 Penalties -Specific. <br /> (1) Violation of the following sections is punishable by fine or confinement in <br />jail; or both, up to the amounts indicated opposite each: <br /> Section Penaltz <br /> 4.110(1) and (2) $5,000 fine or 1 year injail~ or both <br /> 4.110(3) $1,000 fine or community service, or both <br /> <br />5,555 <br /> <br />Section 5~ Subsection (3) of section 5.555 of the Eugene Code, 1971~ is amended as follows: <br /> <br /> Crossing Private_Pr Premise~ Open to the Public~ <br /> (3) Convictions shall not be reported to the Department of Motor Vehicles. <br /> <br />Ordinance ~ 2 <br /> <br /> <br />