(a) When used in this section, "utility equipment" means any of the following located in a public way: (1) any lid, grate, screen or cover that allows access to any sewer, drain, electrical vault, coal hole, water vault, gas vault, tunnel or other opening or structure in the public way, or that allows the flow of water from the public way into a drain or sewer; (2) any light pole, lamp post, telephone or telegraph pole, or post or pole supporting electrical transformers or lines for transmission of electricity or cable television signals. "Utility equipment" may be either privately or publicly owned.
(b) No person shall:
(1) Intentionally and without authorization of the owner, remove utility equipment or damage or alter utility equipment so as to diminish its effectiveness or to create a public safety hazard;
(2) Without authorization of the actual owner, purchase, receive or possess illegally removed utility equipment. It is a defense to a prosecution under this subsection (b)(2) that the person charged with a violation did not know that the subject utility equipment was illegally removed;
(3) Assist any other person in any action prohibited in subsection (b)(1) or (b)(2) of this section.
(c) Any person who violates any provision of subsection (b) of this section shall, upon conviction, be punished by a fine of not less than $1,000.00. Any such offense may also be punished as a misdemeanor by incarceration in a penal institution other than a penitentiary for a term of up to six months or by a requirement to perform up to 1,000 hours of community service under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and in the Illinois Code of Criminal Procedure, as amended, in a separate proceeding. All actions seeking the imposition of fines only shall be filed as quasi-criminal actions subject to the provisions of the Illinois Code of Civil Procedure, as amended.
(Added Coun. J. 4-22-93, p. 31576; Amend Coun. J. 4-12-00, p. 29744, § 1)