§ 21-4. Entering motor vehicles without consent.

(a)

Prohibited. It shall be unlawful for a person to enter any portion of a motor vehicle without the consent of the owner.

(b)

Definitions. For purposes of this section:

Motor vehicle has the meaning assigned to it in chapter 19 herein.

Owner means the person who has title to the motor vehicle or the person who is operating or in control of the motor vehicle with the consent of the title holder.

(c)

Defense. It is a defense to prosecution under this section if the person who entered the motor vehicle was:

(1)

A law enforcement officer or was acting under the direction of a law enforcement officer; or

(2)

Operating pursuant to a vehicle tow service license or a vehicle storage facility license issued by state law and was in the process of removing an illegally parked or unauthorized vehicle from private property or storing an illegally parked or unauthorized vehicle that was removed from private property.

(Ord. No. 98-215, § 2, 8-24-98)