(A) (1) A person commits criminal trespass to real property when he or she:
(a) Knowingly and without lawful authority enters or remains within or on a building;
(b) Enters upon the land of another, after receiving prior to the entry notice from the owner or occupant that the entry is forbidden;
(c) Remains upon the land of another, after receiving notice from the owner or occupant to depart;
(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 a field used or capable of being used for growing crops, an enclosed area containing livestock, an agricultural building containing livestock, or an orchard in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to the 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.
(2) For purposes of this division (A), this section shall not apply to being in a building which 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 open to the public.
(B) A person has received notice from the owner or occupant within the meaning of division (A) if the person 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 such 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 the owner’s agent having apparent authority to hire workers on the land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on such land at the request of or by occupancy, leasing, or other agreement or arrangement with the owner or the owner’s agent, nor to anyone invited by the migrant worker or other person so living on the land to visit him or her at the place that person is so living upon the land.
(D) (1) A person shall be exempt from prosecution under this section if the person beautifies unoccupied and abandoned residential and industrial properties located within any municipality.
(2) For the purpose of this division (D), UNOCCUPIED AND ABANDONED RESIDENTIAL AND INDUSTRIAL PROPERTY means any real estate:
(a) In which the taxes have not been paid for a period of at least two years; and
(b) Which has been left unoccupied and abandoned for a period of at least one year.
(3) For the purpose of this division (D), BEAUTIFIES means to landscape, to 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 (F), 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) ('64 Code, § 22- 56) (Ord. 6994, passed 7-19-83)
(H) Any person convicted of a violation of this section shall be fined not less than $100 nor more than $1,000. In addition to any fine imposed hereunder, the offender shall be ordered to pay all of the costs and fees incurred by the city in prosecuting the violation, which shall include but not be limited to the costs associated with an administrative adjudication proceeding or court proceeding, and reasonable attorney's fees.
(Ord. 8110, passed 7-5-00) Penalty, see § 130.99