A. A person commits the offense of trespass in parks if he or she knowingly: (1) enters or remains in a park from which he or she has been excluded during the period covered by an exclusion notice pursuant to Section 9.06.235; (2) enters, remains in, or is otherwise present within the premises of a park during hours which the park or portion of the park is not open to the public, unless the person is present within the park to participate in an activity either conducted by the parks and recreation department or conducted pursuant to the terms of a permit issued by the parks and recreation department; or (3) enters or remains in any area of a park which has been designated and posted by the director as a closed area, using such postings as “no admittance” or “closed to use” or “no trespassing.”

B. Unless otherwise posted, city parks are open to the public from six a.m. to dusk. “Dusk” is defined as thirty minutes after sunset. The parks are closed to the public outside of posted times. The parks and recreation director shall have the authority to modify the time a city park is open and closed to the public where the director determines it appropriate.

C. The provisions of this section do not apply to any duly authorized department of parks and recreation or other city employee in the performance of his or her duties, or other person authorized by law.

D. It is not a defense to the crime of trespass in parks: