§ 126-2. [Trespassing on County easements.]

(a)

Findings of fact. It is hereby found and determined that:

(1)

Lands encumbered by County public drainage, maintenance and utility easements are private property.

(2)

The general public has no right to enter upon these easements.

(3)

County rights-of-way consisting of stormwater ponds, drainage ditches or canals, and appurtenant lands used for access to same, which abut lands owned by private property owners, are often the site of littering, unreasonable noise, and raucous behavior by third persons. Such conditions create a nuisance for abutting private property owners.

(b)

Legislative intent. It is further the legislative intent of the Board of County Commissioners to protect private property owners whose lands abut County-owned stormwater ponds, drainage ditches or canals, and appurtenant lands used for access to same, in the peaceful enjoyment of their private property from littering, unreasonable noise and raucous behavior, and other nuisances created by third persons.

(c)

Prohibitions.

(1)

It shall be unlawful for any person to enter upon a County drainage, maintenance or utility easement unless authorized, licensed, or invited by the County or the underlying property owner.

(2)

It shall be unlawful for any person to enter upon a County stormwater pond, drainage ditch or canal, and appurtenant lands used for access to same, unless expressly authorized, licensed, or invited by the County. Such express authorization, license, or invitation may include the posting of appropriate signage by the County indicating such lands are intended for public use.

(d)

Exemptions. All County, State, utility, special district or other governmental personnel are exempted from the provisions of this section during the course of their official duties.

(e)

Penalty. Any person violating any provision of this section shall be deemed guilty of a misdemeanor and punished as prescribed by law for the violation of County ordinances. In addition to the criminal penalties provided for herein, the Board of County Commissioners is authorized to bring suit in any court of competent jurisdiction to restrain, enjoin or otherwise prevent the violation of this section.

(Ord. No. 80-061, §§ 1—5, 7-8-1980; Ord. No. 93-048, §§ 1—3, 6-22-1993)