§ 38-42. Trespass.

(a)

Entry prohibited. No person shall:

(1)

Knowingly and without lawful authority enter or remain within or on a building;

(2)

Enter upon the land of another, after receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden;

(3)

Remain upon the land of another, after receiving notice from the owner or occupant to depart;

(4)

Present false documents or falsely represent his 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

(5)

Enter upon one of the following areas in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle), after receiving prior to that entry, notice from the owner or occupant that the entry is forbidden or remain upon or in the area after receiving notice from the owner or occupant to depart:

a.

Any field that is used for growing crops or which is capable of being used for growing crops;

b.

An enclosed area containing livestock;

c.

An orchard; or

d.

A barn or other agricultural building containing livestock.

(b)

Applicability. The provisions of this Section shall apply to both public and private property.

(c)

Notice. A person has received notice from the owner or occupant within the meaning of this Section if he has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof.

(d)

Exceptions. 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 agent having apparent authority to hire workers on such 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 his agent, nor to anyone invited by such migrant worker or other person so living on such land to visit him at the place he is so living upon the land.

(e)

Exemption. A person shall be exempt from prosecution under this Section if he beautifies unoccupied and abandoned residential and industrial properties located within the Village. For the purposes of this Section:

(1)

Beautifies means to landscape, clean up litter, or to repair dilapidated conditions on property or to board up windows and doors thereon.

(2)

Unoccupied and abandoned residential and industrial property means any real estate for which the taxes have not been paid for a period of at least two years and that has been left unoccupied and abandoned for a period of at least one year.

(f)

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, 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)

Penalty. Any person violating the provisions of this Section shall, upon conviction thereof, be subject to a fine of not less than $50.00 nor more than $500.00 for each offense.

(Ord. No. 1054, 7-28-1994)

State law reference

Similar provision, 720 ILCS 5/21-3.