(a)   Definition.

(1)   Interference with the conduct of a lawful business is:

(A)  Intentional conduct at or in any building owned, operated or controlled by a private individual or corporation that causes an obstruction to or interference with the free and uninterrupted use of such property as a lawful business by any employee, patron, patient or other invitee on such premises, or which prevents the free and uninterrupted ingress, egress or regress therein, thereon or thereto;

(B)  Willfully or intentionally refusing or failing to leave any such building owned, operated or controlled by a private individual or corporation upon being requested to do so by the owner thereof, any law enforcement officer or other authorized individual.

(b)   Penalty.

(1)   Any person who violates any of the provisions of this section within the corporate limits of the city shall be deemed guilty of a misdemeanor and upon conviction hereof shall be punished by the following fines:

(A)  Upon a first conviction, not more than one thousand dollars;

(B)  Upon a second conviction, not less than two hundred fifty dollars nor more than one thousand dollars;

(C)  And upon a third or subsequent conviction, not less than five hundred dollars nor more than one thousand dollars.

       In addition to the preceding fines such person may be punished by a term of imprisonment which shall not exceed six months, or by both such fines and imprisonment.

(2)   The imposition of the fines established in subparagraphs (b)(1)(B) and (b)(1)(C) shall be mandatory and the court shall not waive, remit, suspend, parole or otherwise excuse the payment thereof except that the court may order that the defendant perform community service specified by the court but such an order shall be entered only after the court has required the defendant to file an affidavit of such defendant’s financial condition and the court has found from the information contained in the affidavit that the defendant is financially unable to pay the fines imposed herein.

(3)   For the purposes of determining whether a conviction is a first or subsequent conviction in sentencing under this section, conviction includes being convicted of a violation of this section, and it is irrelevant whether an offense occurred before or after conviction for a previous offense.

(Ord. 2015-01; Code 2021)