[§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.



(c)  Obstructing access to public property is a
misdemeanor.



(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]