Agenda - 04-08-2014 - 2 - Laserfiche WebLink

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35 Wall–"Trespass"in Animal Control Ordinance 2-5-2014 more blameworthy than the inadvertent unauthorized entry which characterizes the traditional tort. One method of evaluating the blameworthiness of the trespasser is by analyzing her state of mind with regard to the entry itself(is it inadvertent or purposeful?), and also analyzing her state of mind with regard to her authorization to enter or act(does she have express or implied consent?). Within each of these analyses there are gradients of behavior which may have to be explored on a case by case basis. Determining whether an entry is the result of negligence, gross negligence, recklessness, or some other state of mind, and deciding which of these states of mind justifies a vicious animal exception are important issues for Animal Services to consider. Likewise,particular societal conventions or specific behaviors of the parties involved need to be evaluated in order to determine whether express or implied consent authorizes an entry onto land. VL Criminal Trespass In comparison to the behaviors which amount to civil trespass, those which constitute criminal trespass are relatively discrete as they are defined by statute and constrained by the elemental approach of the criminal law. Additionally, criminal trespasses tend to require factual circumstances which evidence that the trespasser was engaged in behavior which she knew or should have known was prohibited. These realities combined with the fact that the Unified Ordinance has a specific exception to the vicious animal provisions for dogs inflicting injuries to persons committing or attempting to commit a crime, suggest that criminal trespasses are less likely to present the policy difficulties which may arise in the context of civil trespasses. That is, it is less likely as a factual matter that a dog that bites a person engaged in criminal trespass will have bitten an innocent visitor or passerby as could be the case where a civil trespasser is bitten. The following trespass crimes may be relevant to understanding the term for purposes of the Unified Ordinance(descriptions &notes from JESSICA SMITH,NORTH CAROLINA CRIMES: A GUIDEBOOK ON THE ELEMENTS OF CRIME(UNC School of Government, 7t' ed. 2012)): A. First Degree Trespass §14-159.12. First degree trespass. (a) Offense. A person commits the offense of first degree trespass if, without authorization, he enters or remains: (1) On premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders; or (2) In a building of another. (b) Classification.—First degree trespass is a Class 2 misdemeanor. Notes 13