Chapter 131 OFFENSES AGAINST PROPERTY

Article 1. General Provisions

131.01 Injuring or destroying property.

131.02 Trespassing.

131.03 Theft.

131.04 Damage to service boxes prohibited.

131.05 Meter tampering.

131.06 Possession of burglar tools.

131.07 Climbing on motor vehicle in motion.

131.08 Excavations.

131.09 Distribution and posting of handbills.

131.10 Removal of sand or gravel from alleys or streets.

131.11 Littering.

131.12 Signs prohibited in certain places.

Article 2. Vandalism

131.15 Definitions.

131.16 Vandalism prohibited.

131.18 Damages collected.

Article 3. Graffiti

131.25 Definition of graffiti.

131.26 Duty to remove graffiti.

131.27 Unlawful to affix graffiti or drawings.

131.99 Penalty.

Article 1. General Provisions

131.01 Injuring or destroying property.

It shall be unlawful for any person to commit any of the following acts in the city:
(A) Knowingly damage any property of another, including public property, without consent of the owner; or
(B) Recklessly damage property of another; or
(C) Knowingly start a fire on the land of another without the consent of the owner; or
(D) Knowingly injure a domestic animal of another without the consent of the owner. (Ord. 677, passed 4-1-75) Penalty, see Section 131.99(A)

131.02 Trespassing.

(A) It shall be unlawful for any person to knowingly enter upon the land, or any part thereof, of another after receiving, immediately prior to the entry, notice from the owner, occupant, or person in charge of the land or part thereof or a peace officer that the entry is forbidden or to remain upon the land of another after receiving notice to depart.
(B) It shall be unlawful for any person to enter or remain within a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with the intent to commit therein an unlawful act.
(C) It shall be unlawful for any person to willfully, negligently or heedlessly walk upon or across, or ride or drive any animal or vehicle upon any lawn, grass plot or flower bed in or upon any of the streets, avenues, parks or public places of the city, nor walk upon or across any private lawn, grass plot or flower bed without the consent of the owner or occupant thereof. (Ord. 677, passed 4-1-75) Penalty, see Section 131.99

131.03 Theft.

It shall be unlawful for any person to knowingly commit any of the following:
(A) Obtain or exert unauthorized control over property or services of the owner; or
(B) Obtain by deception control over property or services of the owner; or
(C) Obtain by threat control over property or services of the owner; or
(D) Obtain control over stolen property knowing the property to have been stolen by another or under any circumstances as would reasonably induce him to believe that the property was stolen, and
(1) Intend to deprive the owner permanently of the use or benefit of the property; or
(2) Knowingly use, conceal or abandon the property in such manner as to deprive the owner permanently of such use or benefit; or
(3) Use, conceal or abandon the property knowing this use, concealment or abandonment will probably deprive the owner permanently of any use or benefit.
(E) Obtain possession or control over any container or the contents of any container that is marked or designated as a recycle container, whether said container and/or the contents thereof are located on private property, on any street, or public property. For the purpose of this section a recycle container shall include the “blue bags” used by the city for recyclable materials and any container marked as a recyclable container. (S.H.A. Ch. 38, § 16-1) (Ord. 677, passed 4-1-75; Am. Ord. 1102, passed 6-19-90; Am. Ord. 1145, passed 4-7-92) Penalty, see Section 131.99(A)

131.04 Damage to service boxes prohibited.

It shall be unlawful for any person to willfully or maliciously break, deface, injure or carry away any cup or service lid placed upon any of the service boxes of any utility company or by the water department within the city. (Ord. 677, passed 4-1-75) Penalty, see Section 131.99(A)

131.05 Meter tampering.

It shall be unlawful for any person to unlawfully tamper with, alter, or change any public or private gas pipe, water pipe, gas meter, water meter, or other meter, or the register thereof. (S.H.A. Ch. 111-2/3, § 382) (Ord. 677, passed 4-1-75) Penalty, see Section 131.99(A)

131.06 Possession of burglar tools.

It shall be unlawful for any person to have in his possession any nippers of the description known as burglar’s nippers or any pick-lock, skeleton key, key to be used with a bit or bits, jimmy, or any other burglar’s instrument, or tool of whatsoever any kind or description unless it be shown that such possession is innocent or for a lawful purpose. (Ord. 677, passed 4-1-75) Penalty, see Section 131.99(B)

131.07 Climbing on motor vehicle in motion.

It shall be unlawful for any person to climb upon or into any automobile, wagon, carriage, sleigh, or other vehicle while the same may be in motion or to attach his sled or cart to any such vehicle. (Ord. 677, passed 4-1-75) Penalty, see Section 131.99(A)

131.08 Excavations.

It shall be unlawful for any person to dig, make, or cause to be dug or made any hole, pit, ditch, vault, or other excavation in or upon any street, lane, avenue, alley, sidewalk, or other public place or dig, make or cause to be dug or made any excavation upon any lot adjoining or bounded by any street, lane, avenue, alley, public place, or sidewalk and not cause the same to be fenced in with a substantial fence at least 3 feet high, the boards or rails of which shall not be more than one foot apart, and fail to place sufficient red lights in conspicuous places in front of the fence during the night. (Ord. 677, passed 4-1-75) Penalty, see Section 131.99(A)

131.09 Distribution and posting of handbills.

(A) It shall be unlawful for any person to distribute, cast, throw, or place in, upon, or along any of the streets, alleys, or public places in the city ay handbills, pamphlets, circulars, books, or advertising for the purpose or with the intent of advertising or making known any commercial business, occupation, profession, medical treatment, or medicine.
(B) It shall be unlawful for any person without the consent of the owner or occupant of the premises, to post up, stick, or place any handbill, placard, or notice upon any building, wall, fence, telegraph, telephone, or electric light pole or tree box, nor shall any person mark, scratch, cut, or otherwise deface any part of any building, fence, or tree box. (Ord. 677, passed 4-1-75) Penalty, see Section 131.99(A)
Cross-reference: Litter control, see Ch. 98.

131.10 Removal of sand or gravel from alleys or streets.

It shall be unlawful for any person to take, haul, carry away, or remove any sand or gravel or any material containing either sand or gravel or both off or from any public park, street, avenue, alley, or highway in the city. (Ord. 677, passed 4-1-75) Penalty, see Section 131.99(A)

131.11 Littering.

(A) It shall be unlawful for any person to distribute, place, leave, throw, or scatter wastepaper, bills, posters, lithographs, advertising matter, refuse, sweepings, or materials of like substance in or upon the streets, alleys, or public grounds of the city or upon any vehicle in such places, except for official acts by city employees.
(B) It shall be unlawful for any person to sponsor the distribution of the materials enumerated in division (A).
(C) It shall be unlawful for the owner or operator of any parking facility to permit, allow, or suffer the distribution of the materials enumerated in division (A) on any parking facility under his ownership or control. (Ord. 677, passed 4-1-75) Penalty, see Section 131.99(A)
Cross-reference: Litter control, see Ch. 98.

131.12 Signs prohibited in certain places.

(A) It shall be unlawful for any person, whether licensed or unlicensed, to post or in any manner affix or paint, or in any manner impose any advertisement, sign, or notice of any kind on any curbstone, sidewalk, street surface, tree, tree box, lamppost, telephone, telegraph, or electric light pole, hydrant, bridge, road, or railroad elevation or structure, nor shall the same be affixed on any building, structure, or retaining wall without the consent of the owner.
(B) This section shall not be construed to apply to the posting of legal notices required by city, county, state, or federal law or rule or regulation, if posted in the manner and in the places prescribed by law. (Ord. 749, passed 1-16-79) Penalty, see Section 131.99(C)

Article 2. Vandalism

131.15 Definitions.

For purposes of Sections 131.15 through 131.18 the following words and phrases shall have the following meanings as ascribed to them respectively.
“Minor.” A person who has not yet reached his or her seventeenth birthday.
“Parent.” The natural or legally adoptive father or mother of any minor child.
“Legal guardian.” A person appointed guardian or given custody of a minor by a Circuit Court of the State of Illinois or by the appropriate court of another jurisdiction, but shall not include a person appointed as a guardian or given legal custody of a minor under the Juvenile Court Act.
“Separate offenses of willful and malicious destruction of property.” Each act of willful and malicious destruction of property against different property owners or against the same property owner on different occasions shall constitute a separate act of willful and malicious destruction of property. (Ord. 711, passed 8-2-77)

131.16 Vandalism prohibited.

It shall be unlawful for any person to willfully and maliciously injure, deface, destroy, interfere, or otherwise destroy or damage any property belonging to another, whether public or private, within the city. Any person committing the above act or acts shall be guilty of the offense of willful and malicious destruction of property. (Ord. 711, passed 8-2-77) Penalty, see Section 131.99(D)

131.18 Damages collected.

All money collected under Sections 131.15 through 131.18 as damages shall be paid to or for the benefit of the owner or owners of the property damaged or destroyed or to the person who suffered the damage or loss sustained by the act of willful and malicious destruction of property involved. (Ord. 711, passed 8-2-77) Penalty, see Section 131.99(D)

Article 3. Graffiti

131.25 Definition of graffiti.

The term “graffiti” shall mean the inscription or representation on a building, structure, wall, sign, fence, sidewalk, pavement, post, stone, tree, or other object or structure of any symbol, diagram, letter, word, numeral, emblem, picture, character, or combination thereof, without the consent of the owner or person in charge of such object or structure and other than as permitted in the Wilmington City Code of 1979 as amended. (Ord. 1140, passed 2-4-92)

131.26 Duty to remove graffiti.

(A) It shall be the duty of the owner or occupant of the structure or wall upon which any inscription or representation as defined in Section 131.25 is made, to remove, cover or eradicate such inscription or representation within 14 days from its placement on the owner’s property. In the event the owner has failed to eliminate such graffiti, the owner or occupant shall be notified via certified mail or personal notice that he or she has five days to remove such graffiti. For good cause shown, the owner or occupant may be given additional time to meet the removal requirements without being charged with a violation of this section.
(B) The failure of the owner or occupant of property to remove, cover or eradicate graffiti as required in subsection (A) shall be a violation of that subsection and shall be punishable by a fine as provided in this subchapter for each offense; a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(C) In addition to any fine which may be imposed, if the owner or occupant fails to remove, cover or otherwise eradicate the graffiti by the date stated in the notice, or such later date as the owner may be allowed, the city may enter upon the property and remove such graffiti, by the use of its employees, contractors or other persons, and the cost of removal shall be collected from the owner or occupant of the property.
(D) The cost of removal is a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens; provided that within 60 days after such cost and expense is incurred the city files notice of lien in the office of the recorder of Will County, Illinois. The notice shall consist of a sworn statement setting out (1) a description of the real estate sufficient for identification thereof, (2) the amount of money representing the cost and expense incurred or payable for the service, and (3) the date or dates when such cost and expense was incurred by the city. Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the city and the release may be filed of record as in the case of filing notice of lien at the owner or occupant’s expense.
(E) The city’s exercise of the remedies provided in this section shall not prevent the owner from recovering, through civil suit or otherwise, the cost of removal or other reparation from the person or persons responsible for placing the graffiti on his property. (Ord. 1140, passed 2-4-92)

131.27 Unlawful to affix graffiti or drawings.

(A) It shall be unlawful for any person to inscribe, draw or otherwise place upon any wall, structure, building or thing that is publicly or privately owned, any graffiti that is visible to the general public.
(B) It shall be unlawful for any person to inscribe, draw or otherwise place upon any wall, structure, building or thing that is publicly or privately owned, any inscription, imprint, mark, sign or paint, without the express permission of the owner or occupant of the premises.
(C) It shall be unlawful for any person to possess, while in any public building or public facility or while on private property, a spray paint container, paint, ink, marking pen which contains a non-water soluble fluid, brush, applicator, or any other material for marking, scratching or etching with the intent to use such material in a violation.
(D) Any violation of this section shall be punishable by a fine not less than $100 and not more than $750. (Ord. 1140, passed 2-4-92; Am. Ord. 1505, passed 1-21-03)

131.99 Penalty.

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 1574, passed 7-15-03)