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of criminal mischiefin the third degree `if, with. intent to cause <br />substantial inconvenience to the owner or; to another person, and having no <br />right to do so nor reasonably ground to believe that the person has such <br />right, th"e person tampers or interferes 'with property ofanother. <br />4.78.2 `Criminal Mischief iri thee.. Second Degree. A person commits the crime <br />of criminal m~schiof in the second degree if:, <br />(a) The :person violates section 4.:780,.:.and as a resultthere- <br />of,'damages property in'an amount exceeding $I00; or <br />(b} Having no right to do so nor reasonable ground'to be ie~e <br />that the person has such right, the person intentionally``damages <br />property of another, or, the person recklessly damages property of <br />another irr an amount exceeding ~I00. <br />4.805 Trespassing --Definitions. As used in sections 4.806 to 4.809, <br />-except as the context requires otherwise: <br />"Building„" in addition to its ordinary meaning, includes any <br />::booth, vehicle, boat, aircraft<or o her structure adapted for over- <br />night accomodation of persons or for: carrying on busines therein. <br />Where a building consist of separate units, nclud=ing,.:but not <br />limited o, separate apartments, offices or rented rooms, each unit <br />is, in addition to being a part of Such building, a separate build- <br />ing <br />"Dwelling" means a building which regularly or intermittently <br />is occupied by a person lodging therein `at night, whether or of a <br />` pEi°son is actually "present. <br />"Enter or remain unlawfully" means: <br />" ~a) To enter or remain in or upon premises when the.: <br />premises; at the time of such entry or remaining, are not <br />open to the public and the entrant is not `otherwise icensed <br />or privileged to do so; or <br />(b) To fail to leave premises that 'are open to the public <br />after:. being lawfully directed to do so by the-:person in charge. <br />"Open to the public" means premises which by their;physi-cal <br />nature, function, .custom, usage, notice or lick thereof'or other <br />circumstances at the time would .cause a reasonable person to believe <br />that no permission o enter or remain is required. <br />°Person-in charge" means a person, or a representative or <br />employee of the person who has lawful 'control of premises by`~wner~- <br />ship, tenancy, official position or;other legal relationship. It <br />includes,-but is not 'limited to the person, or holder of a position, <br />designated as the person 'or position-holder in charge by the <br />Governor, board, commission or governing body of .any. political sub- <br />division. of this state. <br />`°Premises° includes any building and any<real property, whether <br />privately`or publicly owned. <br />4.806 Criminal Trespass in-the. Second Degree by a Guest. A guest commits <br />the crime of criminal trespass in the second degree if that. guest <br />intentionally remainsunlawfully in a transient lodging after the departure <br />Ordinance - b <br />