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A person commits trespass when he knowingly:
(a) Enters the property, or any part thereof, of another when, immediately prior to such entry, he receives notice, either oral or written, from the owner or occupant that such entry is forbidden; or
(b) Remains upon the property, or any part thereof, of another after receiving notice, either oral or written, from the owner or occupant to depart; or
(c) Enters upon property open to the public, or any part thereof, and remains thereon with a malicious and mischievous intent after receiving notice, either oral or written, from the owner or occupant to depart;
(d) Wilfully defaces, mars, injures or destroys any building or part of any building or any property of another with paint, tar, acid, grease, oil, or other such substance which would detrimentally alter the outer face or substance of such building or any property of another, or any fence, tree, shrub or plant appurtenant thereto.
Any person convicted of trespass shall be fined not less than $100.00 nor more than $500.00.
(Prior code § 193-1.4)
(a) For the purposes of this section:
1. The term "unlock" shall mean any process by which the software or hardware of a wireless communication device is modified so as to permit the device's use with a service provider other than the service provider initially associated with the device.
2. The term "wireless communication device" shall mean any device through which personal wireless services, as defined in 47 U.S.C. 332(c)(7)(C)(i), are transmitted.
(b) Any person who unlocks, or attempts to unlock, a wireless communication device in the city in exchange for a fee or other compensation must:
1. Require the requesting party to provide a driver's license or other government-issued identification showing the party's name, date of birth, and address.
2. Record the Mobile Equipment Identifier (MEID), International Mobile Station Equipment Identity (IMEI) or Electronic Serial Number (ESN) of the wireless communication device.
3. Provide every day, before the hour of twelve noon, the information required in Subsections (b)(1) and (b)(2) to the superintendent of police, along with the name and address of the person offering the unlocking service, by submitting a LeadsOnline electronic reporting form.
4. Comply with applicable restrictions or prohibitions on unlocking wireless communication devices set forth in federal statutes and regulations including 17 U.S.C. 1201(a)(1) and 17 U.S.C. 1202(b)(1), as interpreted by the Library of Congress Copyright Office and published in the Federal Register.
(c) It shall be a violation of this section to fail to comply with subsection (b). This section shall be enforceable by the department of police and the department of business affairs and consumer protection. Any person who violates this section shall be fined not less than $500.00 nor more than $1,000.00 for each offense.
(d) This section shall not apply to any provider of commercial mobile service, as defined in 47 U.S.C. 332(d), that unlocks a wireless communication device in the city.
(Added Coun. J. 4-30-14, p. 79826, § 1)
Editor's note – Coun. J. 4-22-93, p. 31524, repealed a former § 8-4-052, which pertained to an anti-loitering and/or trespassing program, effective January 1, 1995.
(a) For purposes of this section:
"Provider" means a manufacturer of wireless communication devices, or a provider of commercial mobile service, as defined in 47 U.S.C. 332(d), and such provider's authorized agents and retailers that have contractual relationships with the provider to sell the provider's authorized products and services.
"Serial number" has the meaning ascribed to that term by Section 4-264-005 of this Code.
"Stolen cell phone database", "trade-in program" and "wireless communication device" have the meaning ascribed to these terms in Section 4-264-005.
(b) Any provider that does business in the City shall:
(1) not purchase or activate for service a secondhand cell phone that is brought to the provider, and whose make, model and serial number is identified in a stolen cell phone database. Before purchasing or activating for service any such secondhand cell phone, the provider shall check the stolen cell phone database to verify that the cell phone is not a stolen or lost cell phone;
(2) report, within a reasonable time, to the Chicago Department of Police any secondhand cell phone that is brought to the provider for sale or activation for service, and whose make, model and serial number is identified in a stolen cell phone database. Upon request, such provider shall surrender such cell phone to any member of the City's Department of Police, if the provider is in possession of the cell phone; and
(3) encourage customers to report the make, model and serial number of a cell phone for entry into a stolen cell phone database in the event of the theft or loss of the customer's cell phone. The requirement of this subsection (b)(3) can be satisfied by providing the customers of the provider with written or on-line information regarding: (i) the availability of a stolen cell phone database; and (ii) how to identify a stolen or lost cell phone in such database, and by posting similar information in the provider's business premises located in the City.
(c) The requirements of this section shall not apply to any acquisition of secondhand cell phones by a provider through a trade-in program.
(d) Any person who violates this section shall be subject to a fine of not less than $2,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 9-6-17, p. 54980, § 3; Amend Coun. J. 1-26-22, p. 43399, § 4)
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