[§115-9] Obstructing access to public property; penalty. (a) A person commits the offense of obstructing access to public property if the person, by action or by having installed a physical impediment, intentionally prevents a member of the public from traversing:

(1) A public right-of-way;

(2) A transit area; or

(3) A public transit corridor;

and thereby obstructs access to the sea, the shoreline, or any inland public recreational area.

(b) Physical impediments that may prevent traversing include but are not limited to the following:

(1) Gates;

(2) Fences;

(3) Walls;

(4) Constructed barriers;

(5) Rubbish;

(6) Security guards; and

(7) Guard dogs or animals.

(d) Minimum fines for violation under this section shall be as follows:

(1) $1,000 for a second conviction; and

(2) $2,000 for any conviction after a second conviction.

(e) As used in this section:

"Person" means a natural person or a legal entity.

"Public recreational area" means public lands or bodies of water opened to the public for recreational use. [L 2004, c 169, §2]