A. Violations:
1. It shall be unlawful for any person to:
a. Knowingly and without lawful authority enter or remain within or on a building;
b. Enter upon the land of another, after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden;
c. Remain upon the land of another, after receiving notice from the owner or occupant to depart;
d. Present false documents or falsely represent 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;
e. Intentionally remove a notice posted on residential real estate as required by subsection (l) of section 15-1505.8 of article XV of the Code of Civil Procedure (735 ILCS 5/15-1505.8(l)) before the date and time set forth in the notice; or
f. Enter 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 subsection A1a of this section, it shall not be unlawful to be 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 it be unlawful for any person who enters a public building under the reasonable belief that the building is still open to the public.
B. Notices:
1. Oral Or Written Notice: A person has received notice from the owner or occupant within the meaning of subsection A of this section if he or she has been notified personally, either orally or in writing, including a valid court order as defined by subsection (7) of section 112A-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/112A-3(b)(7)), granting remedy (2) of subsection (b) of section 112A-14 of that Code (725 ILCS 5-112A-14(b)(2)), 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.
2. Alternative Notice:
a. Subject to the provisions of subsection C1 of this section, as an alternative to the posting of real property as set forth in subsection B1 of this section, the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:
(1) A vertical line of at least eight inches (8") in length and the bottom of the mark shall be no less than three feet (3') nor more than five feet (5') high. Such marks shall be placed no more than one hundred feet (100') apart and shall be readily visible to any person approaching the property; or
(2) A post capped or otherwise marked on at least its top two inches (2"). The bottom of the cap or mark shall be not less than three feet (3') but not more than five feet six inches (5'6") high. Posts so marked shall be placed not more than thirty six feet (36') apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.
b. Nothing in this subsection B2 shall be construed to authorize the owner or lessee of any real property to place any purple marks on any tree or post or to install any post or fence if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or instrument.
c. Any owner or lessee who marks his or her real property using the method described in this subsection B2 must also provide notice as described in subsection B1 of this section.
C. Exemptions From Provisions:
1. Employees Living On Land Of Employer: 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 this land and assign them living quarters or a place of accommodations 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 him or her at the place he is so living upon the land.
2. Beautification Of Property: A person shall be exempt from prosecution under this section if he or she beautifies unoccupied and abandoned residential and industrial properties located within the City. For the purpose of this subsection C2, “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 (2) years; and b) which has been left unoccupied and abandoned for a period of at least one year; and “beautifies” means to landscape, clean up litter, or repair dilapidated conditions on or board up windows and doors.
3. Mortgagee: A mortgagee or agent of the mortgagee shall be exempt from the provisions of this section for entering, securing, or maintaining an abandoned residential property. For purposes of this subsection C3, “abandoned residential property” means mortgaged real estate that the mortgagee or agent of the mortgagee determines in good faith meets the definition of “abandoned residential property” set forth in section 15-1200.5 of article XV of the Code of Civil Procedure (735 ILCS 5/15-1200.5).
4. Emergencies: This section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this subsection C4, “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.
5. Governmental Officials: Subsection A1d of this section 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.
6. Process Servers: This section does not apply to the following persons while serving process: a) a person authorized to serve process under section 2-202 of the Code of Civil Procedure (735 ILCS 5/2-202); or b) a special process server appointed by the Circuit Court.
D. Penalty: Any person found to be in violation of this section shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each offense. For purposes of this section, each instance of trespass or day such trespass continues shall constitute a separate and different offense.
E. Administrative Adjudication: Citations issued for violation this section shall be administered through title 1, chapter 4, article A of this Code.
(Ord. 2509, 6-26-2018)