(A) Trespasses prohibited. It shall be unlawful for any person, firm or corporation to commit a trespass within this municipality upon either public or private property.
(B) Specifically enumerated trespasses; suppression. Without constituting any limitation upon the provisions of division(A) hereof, any of the following acts by any person, firm or corporation shall be deemed included among those that constitute trespasses in violation of the provisions of division (A), and appropriate action may be taken hereunder at any time, or from time to time, to prevent or suppress any violation or violations of this article, the aforesaid enumerated acts so included, being as follows, to-wit:
(1) An entry upon the premises, or any part thereof, of another, including any public property in violation of a notice posted or exhibited at the main entrance to the premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof;
(2) The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to the premises or at any point of approach or entry, or in violation of any notice, warning or protect given orally or in writing by any owner or occupant thereof;
(3) A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner or occupant thereof; or
(4) An entry into or upon any vehicle, aircraft or watercraft made without the consent of the person having the right to the possession or control thereof or a failure or refusal to leave any such vehicle, aircraft or watercraft after being requested to leave by the person having such right.
(5) (a) Regardless of whether there is a physical trespass pursuant to § 27-4-5(B) of this code, a person is liable for trespass of property when that person knowingly attempts to capture or knowingly captures any type of visual image, visual recording, sound recording, or other physical impression of another engaging in private, personal, or familial activity, in a place in which the person observed has a reasonable expectation of privacy and that impression could not have been achieved without a physical trespass unless the device was used.
(b) For the purpose of clarification, this section shall not be construed to impair or limit the following:
1. Otherwise lawful activities of law enforcement personnel operating in the course and scope of their employment; or
2. Otherwise lawful activities of personnel of governmental agencies, operating in the course and scope of their employment; or
3. Otherwise lawful activities of private commercial entities operating in the course and scope of their employment.
(1993 Code, § 27-4-5) (Am. Ord. 1737, passed 10-16-2017) Penalty, see § 1-1-19
Cross-reference:
See Solicitors, Ch. 7, Art. II
Statutory reference:
See similar provisions, ILCS Ch. 65, Act 5, § 11-5-2