Chapter 9.56
TRESPASS ON DESIGNATED CONSERVATION AREAS
Sections:
9.56.020 Designated conservation area.
9.56.030 Violation – Trespass.
9.56.010 Purpose.
The purpose of this chapter is to protect designated conservation areas by prohibiting unlawful entry and activities that will impair or interfere with the conservation values of the property. [Ord. 1484 § 1, 2023].
9.56.020 Designated conservation area.
For purposes of this chapter, a “designated conservation area” is any property owned or managed by the City or other public agency that are subject to a recorded conservation easement or restrictive covenant involving the preservation, restoration, and enhancement of native species and their habitats and posted with signage identifying the area as a habitat, conservation, or preservation area. [Ord. 1484 § 1, 2023].
9.56.030 Violation – Trespass.
A. It is unlawful for any person to enter into or remain upon any designated conservation area. Violation of this section shall constitute a trespass on designated conservation areas.
B. Any violation of this chapter shall be subject to the penalties under Chapter 1.16 LEMC, which are intended to be cumulative and may be enforced by the City in addition to, or in lieu of, each other.
C. Any violation of this chapter shall constitute a public nuisance, subject to abatement by any means authorized by law, including, but not limited to, injunctive relief. [Ord. 1484 § 1, 2023].
9.56.040 Exceptions.
This chapter shall not apply to:
A. Any authorized employee or agent of the City of Lake Elsinore, including persons engaged for long-term management or maintenance of the designated conservation area.
B. Any person holding a permit to enter the designated conservation area issued by the Director of Community Services Department or his or her designee, which permits shall be issued solely for educational or research purposes.
C. An employee or agent of the California Department of Fish and Wildlife, the United States Fish and Wildlife Service or the Army Corps of Engineers entering a designated conservation area for inspection or other purpose in accordance with a recorded conservation easement.
D. Any person who enters a designated conservation area upon, and remains upon, a designated public trail within a conservation area when using the public trail for its intended purpose. [Ord. 1484 § 1, 2023].