§ 28-320. Wrongful use of public property.

(a)

The wrongful use of public property shall be unlawful. The term "wrongful use of public property" shall include the following:

(1)

The intentional entering of or onto any public property without the permission of the lawful custodian thereof, or his designated representative, at any time when the public property is not open to the public and the remaining in or occupying of any public property after having been requested to leave by the lawful custodian thereof, or his designated representative, or any law enforcement or peace officer.

(2)

The depriving of the general public of the intended use of public property without a permit.

(3)

No serious bodily injury or death or property damage in excess of $5,000.00 results therefrom.

(b)

The lawful custodian, or his designated representative, may issue a permit if he determines that the use or occupation of the public property will not reasonably interfere with the intended or customary use of the public property by the general public and that the intended use will not destroy or damage the public property. The permit to occupy or use the public property may be obtained upon written application therefor. The application shall:

(1)

Describe the public property sought to be occupied or used; and

(2)

State the period of time during which the public property will be occupied or used.

(c)

As used in this section, the term "public property" means any public land, building, facility, structure, or enclosure used for a public purpose or as a place of public gathering, owned and/or under the control of the village or one of its agencies or political subdivisions.

(d)

Nothing contained in this section shall apply to a bona fide legitimate labor organization or to any of its legal activities such as lawful picketing, lawful assembly, or concerted activity in the interest of its members for the purpose of accomplishing or securing more favorable wage standards, hours of employment or working conditions.

(Code 2004, § 14.115)

State law reference

Wrongful use of public property, permits for use of public property, R.S. 14:329.4 et seq.