CHAPTER 131:
Offenses Pertaining to Property

Section

131.01    Damage of firefighting apparatus, hydrants, or equipment

131.02    Trespass to land

131.03    Damaging city property

131.04    Jackrocks

131.05    Throwing missiles; damaging property

131.06    Barbed wire fences

131.07    Hedge growth

131.01 DAMAGE OF FIREFIGHTING APPARATUS, HYDRANTS, OR EQUIPMENT.

No person shall willfully and maliciously cut, injure, damage, tamper with, destroy, or deface any fire hydrant, fire hose, fire engine, or other public or private firefighting equipment, or any apparatus appertaining to such equipment, or intentionally open any fire hydrant without proper authorization.

(ILCS Ch. 720, Act 5, § 21-1.1) Penalty, see § 130.99

131.02 TRESPASS TO LAND.

(A) (1) Whoever:

(a) Knowingly and without lawful authority enters or remains within or on a building; or

(b) Enters upon the land of another, after receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden; or

(c) Remains upon the land of another, after receiving notice from the owner or occupant to depart; or

(d) Presents false documents or falsely represents his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land; or

(e) Enters upon one of the following areas in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle), after receiving prior to that entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart:

1. Any field that is used for growing crops or which is capable of being used for growing crops;

2. An enclosed area containing livestock;

3. An orchard; or

4. A barn or other agricultural building containing livestock.

(2) For purposes of division (A)(1)(a), this section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.

(B) A person has received notice from the owner or occupant within the meaning of division (A) if he or she has been notified personally, either orally or in writing, including a valid court order as defined by ILCS Ch. 725, Act 5, § 112A-3, granting remedy (2) of ILCS Ch. 725, Act 5, § 112A-14(b), or if a printed or written notice forbidding an entry has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.

(C) This section does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of his or her agent having apparent authority to hire workers on the land and assign them living quarters or a place of accommodation for living thereon, nor to anyone living on the land at the request of, or by occupancy, leasing, or other agreement or arrangement with the owner or his or her agent, nor to anyone invited by the migrant worker or other person so living on the land to visit that person at the place the person is so living on the land.

(D) A person shall be exempt from prosecution under this section if he or she beautifies unoccupied and abandoned residential or industrial properties located within this city. For the purpose of this division, UNOCCUPIED AND ABANDONED RESIDENTIAL or INDUSTRIAL PROPERTY means any real estate in which the taxes have not been paid for a period of at least two years, and which has been left unoccupied and abandoned for a period of at least one year. BEAUTIFIES means to landscape, clean up litter, or to repair dilapidated conditions on or to board up windows and doors.

(E) No person shall be liable in any civil action for money damages to the owner of unoccupied and abandoned residential and industrial property which that person beautifies pursuant to division (D) of this section.

(F) This section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this division, EMERGENCY means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction.

(G) Division (A)(1)(d) does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.

(ILCS Ch. 720, Act 5, § 21-3) Penalty, see § 130.99

131.03 DAMAGING CITY PROPERTY.

(A) It shall be unlawful to:

(1) Knowingly damage any city property without the city’s consent.

(2) Recklessly, by means of fire or explosion, damage city property without the city’s consent.

(3) Knowingly start a fire on city land without the consent of the city.

(4) Knowingly deposit on city land or in a city building any stink bomb or any offensive-smelling compound which thereby tends to interfere with the use by the city of its land or buildings.

(B) For the purposes of this section, PROPERTY means anything of value including, but not limited to real estate, money, commercial instruments, written instruments representing or embodying rights concerning anything of value, labor, or services, things affixed to or found on land or part of or affixed to any building, electricity, gas, or water.

Penalty, see § 130.99

131.04 JACKROCKS.

(A) A person who knowingly sells, gives away, manufactures, purchases, or possesses a jackrock or who knowingly places, tosses, or throws a jackrock on public or private property commits a Class A misdemeanor.

(B) As used in this section, JACKROCK means a caltrop or other object manufactured with one or more rounded or sharpened points, which when placed or thrown present at least one point at such an angle that it is peculiar to and designed for use in puncturing or damaging vehicle tires. It does not include a device designed to puncture or damage the tires of a vehicle driven over it in a particular direction, if a conspicuous and clearly visible warning is posted at the device’s location, alerting persons to its presence.

(C) This section does not apply to the possession, transfer, or use of jackrocks by any law enforcement officer in the course of his or her official duties.

(Ch. 720, Act 5, § 21-1.4) Penalty, see § 130.99

131.05 THROWING MISSILES; DAMAGING PROPERTY.

(A) No person shall purposely or needlessly cast or throw any stone or missile into any public place, at any person, or upon, against or into any public building, premises or other property.

(B) No person shall walk upon the top of any fence, gate or building, climb upon the same, or in any way injure, deface or destroy any building, gate, fence, railing, shrub, tree, flower, or other property.

(’81 Code, § 22.04) Penalty, see § 130.99

131.06 BARBED WIRE FENCES.

No person shall maintain any fence, railing, or guard which has thereon any barbed wire, iron spikes, or other sharp pointed metal instruments except that the provisions of this section shall not apply to those areas designated “non-hazardous area” as shown on a map incorporated herein and specifically adopted by reference.

(’81 Code, § 22.05) Penalty, see § 130.99

131.07 HEDGE GROWTH.

No fence or hedge growth or any other tree growth within the city higher than four feet from the ground shall be maintained along the line of any street, alley, public walk, or in any public place.

(’81 Code, § 22.06) Penalty, see § 130.99