Title XIII GENERAL OFFENSES
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)
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