CHAPTER 130

OFFENSES PERTAINING TO PROPERTY

 

130.01   Injuring, defacing property

130.02   Injury to service boxes

130.03   Tampering with or altering of gas pipe, meters, and the like

130.04   Trespass to school property

130.05   Trespass to land

130.06   Excavations on private property

130.07   Fraudulent use of telephone service

130.08   Possession and use of jack-rocks prohibited

130.09   Damage to city property

 

130.99   Penalty

 

§ 130.01  INJURING, DEFACING PROPERTY.

  1. No person shall climb upon or walk upon the top or capping of any fence or railing, or into any shade or ornamental tree upon any sidewalk or elsewhere, without the consent of the owner or occupant thereof, or shall in any way injure or deface any building, private or public property belonging to the city, public monument, fence, gate, or shade tree, or shall meddle with or injure any well, cistern, hydrant, or pump.

  2. No person shall purposely or heedlessly damage or destroy, any street light, street sign, traffic sign, traffic signal, or ornamental light.

  3. No person shall wantonly mar, injure, deface, or destroy any fence, guide post, signboard, or awning in any street or public place in the city. 

Penalty, see § 130.99

 

§ 130.02  INJURY TO SERVICE BOXES.

 

No person shall willfully or maliciously break, deface, injure, or carry away any cup or service lid, placed upon any of the service boxes of any gas or light company. 

Penalty, see § 130.99

 

§ 130.03  TAMPERING WITH OR ALTERING OF GAS PIPE, METERS, AND THE LIKE.

 

No person shall, unlawfully, tamper with, alter, or change any gas pipe, gas meter, or other meter, public or private, or the register thereof. 

Penalty, see § 130.99

 

§ 130.04  TRESPASS TO SCHOOL PROPERTY

  1. For the purpose of this section, STUDENT shall mean any person of school age, enrolled in the school and in good standing, at which he or she is then present. 

  2. No person not a student or employee of any school located in the city or parent or guardian of any student enrolled therein, shall remain within any school building during normal school hours without securing the written permission of the principal, dean of students, or other person who has been deemed to be in charge of such school in their absence. 

  3. No person not a student or employee of any school located in the city or parent or guardian of any student enrolled therein, shall remain on any lands owned, occupied, or used by any school within the city or adjacent thereto, without securing the written permission of the principal, dean of students, or other person who has been deemed to be in charge of such school in their absence. 

  4. Notice.

  1. No person shall willfully and without lawful authority enter upon lands or premises or any part thereof, of any school within the city after having been forbidden to do so, by notice from any person having authority with respect to the presence of others upon such premises.

  2. No person being upon the lands or premises or any part thereof of any school within the city shall neglect or refuse to depart therefrom being notified to depart therefrom by any person having authority with respect to the presence of others upon such premises.

  3. A person has received notice to depart or forbidding entry, within the meaning of division (D) (1) and (2) above, if he has been notified personally, either orally or in writing, or if a printed or written notice thereof has been conspicuously posted or exhibited upon such premises.

(Ord. 1045, passed 1-3-72) Penalty, see § 130.99

 

§ 130.05  TRESPASS TO LAND.

  1. It shall be unlawful for any person, firm, or corporation to enter upon the lands or any part thereof of another, after receiving immediately prior to such entry, notice from the owner or occupant that such entry is forbidden, or to remain upon the land of another after receiving notice from the owner or occupant to depart.

  2. One has received notice from the owner or occupant within the meaning of division (A) above 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.

  3. No person, firm, or corporation shall violate any of the provisions of this section. Each days' violation shall constitute a separate offense.

(Ord. 1341, passed 9-9-81) Penalty, see § 130.99

 

§ 130.06  EXCAVATIONS ON PRIVATE PROPERTY.

 

The owner, lessee, or person in possession of any real estate within the city, upon which is located or situated any sand holes or other similar excavations, is required to cause these sand holes or other excavations to be enclosed with wooden or wire fences of not less than six (6) feet in height. When such fences are of wire, only smooth not barbed wire shall be used; and the fence shall consist of not less than eight (8) rows of wire and such rows of wire shall not be more than nine (9) inches apart.

Penalty, see § 130.99

 

§ 130.07  FRAUDULENT USE OF TELEPHONE SERVICE.

  1. It shall be unlawful for any person to insert, or attempt to insert, into the coin box or money receptacle of any telephone, any slug, button, or other substance with the intention of obtaining telephone service without paying therefor.

  2. It shall be unlawful for any person to manipulate or operate, or to attempt to manipulate or operate, in any manner whatsoever, any telephone instrument or any mechanism or device commonly used therewith, with the intention of obtaining telephone service without paying therefor.

  3. It shall be unlawful for any person to insert or to attempt to insert into the coin box or money receptacle of any telephone, any slug, button, wire, hook, or other implements or substance with the intent to obtain from any such coin or money receptacle, a legal tender coin of the United States.

Penalty, see § 130.99

 

§ 130.08  POSSESSION AND USE OF JACK-ROCKS PROHIBITED.

  1. Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

  1. The term JACK-ROCK shall mean a caltrop or other device comprised of nails or other materials of like character, with two or more sharpened points, attached together in such a manner that one (1) sharp point is directed upwards regardless of how the item is placed on a flat surface.

  2. Possession may be actual or constructive.

  1. Actual possession. A person has actual possession when he or she has immediate and exclusive control over a thing.

  2. Constructive possession. A person has constructive possession when he or she lacks actual possession of a thing but he or she has both the power and intention to exercise control over a thing, either directly or through another person.

  3. If two or more persons share the immediate and exclusive control or share the intention and the power to exercise control over a thing, then each person has possession.

  1. It shall be unlawful for any person, corporation, partnership, or other entity to sell, distribute, give away, offer for sale, manufacture, purchase, possess, carry, toss, throw, or place any jack-rock on public or private property within the City of Washington.

  2. Upon the discovery of any jack-rock, the police officer or other law enforcement officer shall take the jack-rock into his custody and confiscate same. When the jack-rock is no longer necessary or needed for the prosecution or for other lawful purposes, it shall be destroyed by any means deemed appropriate by the Police Department. In no event shall the jack-rock be returned to the individual, corporation, partnership, or other entity charged with a violation of this section.

  3. Each individual jack-rock sold, offered for sale, distributed, manufactured, purchased, possessed, thrown, tossed, or placed within the City of Washington shall constitute a separate offense hereunder.

  4. Paragraph (B) of this section shall not apply to the possession or use of jack-rocks by any law enforcement officer while in the course of his or her official duties.

(Ord. 1920, passed 6-5-95) Penalty, see § 130.99

 

§130.09  DAMAGE TO CITY PROPERTY

  1. Definitions. As used in the Section, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
  1. The term "City" means the City of Washington, Tazewell County, Illinois. 
  2. The term "City Property" means any and all real property and personal property, including but not limited to trees, shrubs, vegetation, signs, vehicles, buildings, structures, and equipment owned by or in the possession of the City. 
  3. The term "Minor" means any individual who has not attained the age of 18 years. 
  4. The term "Person" means and includes any individual, partnership, sloe proprietorship, corporation, association, or any other legal entity.
  1. Damaging City Property Prohibited. It shall be unlawful for any person to damage, injure, deface, or destroy, in whole or in part, any City Property, without having first obtained proper authority and consent therefore. 
  2. Restitution. In addition to any other remedy, fine, or penalty, a person who damages City Property shall make restitution to the City for the damage, injury, defacing, destruction or loss caused directly, or indirectly, by the Person. In case of a minor, the parents or legal guardian of the minor shall be jointly and severally responsible, together with the minor, to make such restitution. 
  3. Penalty. Any person, firm or corporation violating any provision of this Section shall be fined not less than $50 for each offense, and a separate offense shall be deemed to be committed with each separate discharge of a weapon. 

(Ord. 2597, passed 3-21-05)

§ 130.99  PENALTY

 

Whoever violates the provisions of this chapter, for which another penalty is not already provided, shall be fined not more than five hundred dollars ($500.00) for each offense.