9.20.015 Defense – Exercise of First Amendment rights.
A. It is an affirmative defense to prosecution for trespass on public property that the person charged was engaged in the legitimate expression of rights granted by the First Amendment to the Constitution of the United States or similar rights granted by the Constitution of the State of Alaska, and that the expression did not:
1. Physically obstruct or delay access, entrance or exit to and from the property;
2. Intentionally, knowingly or recklessly intimidate users, residents, owners, or occupants of the property;
3. Occur at an unreasonable time, or in an unreasonable place or manner;
4. Violate the terms of any court order or judgment, official permit, or written agreement between the affected parties; or
5. Endanger the public welfare or security. (Ord. 06-46 § 3, 2006)