There is a newer version of the Illinois Compiled Statutes
2010 Illinois Code
CHAPTER 720 CRIMINAL OFFENSES
720 ILCS 5/ Criminal Code of 1961.
Title V - Added Articles
(720 ILCS 5/36‑1a) (from Ch. 38, par. 36‑1a) Sec. 36‑1a. Rights of lienholders and secured parties. The State's Attorney shall promptly release a vessel, vehicle or aircraft seized under the provisions of this Article to any lienholder or secured party whose right, title or interest is of record as described in Section 36‑1 if such lienholder or secured party shows to the State's Attorney that his lien or secured interest is bona fide and was created without actual knowledge that such vessel, vehicle or aircraft was used or to be used in the commission of the offense charged. (Source: Laws 1965, p. 2868.) |
(720 ILCS 5/36‑2) (from Ch. 38, par. 36‑2) Sec. 36‑2. Action for forfeiture. (a) The State's Attorney in the county in which such seizure occurs if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the owner of the vessel, vehicle or aircraft or any person whose right, title or interest is of record as described in Section 36‑1, to violate the law, or finds the existence of such mitigating circumstances as to justify remission of the forfeiture, may cause the sheriff to remit the same upon such terms and conditions as the State's Attorney deems reasonable and just. The State's Attorney shall exercise his discretion under the foregoing provision of this Section 36‑2(a) promptly after notice is given in accordance with Section 36‑1. If the State's Attorney does not cause the forfeiture to be remitted he shall forthwith bring an action for forfeiture in the Circuit Court within whose jurisdiction the seizure and confiscation has taken place. The State's Attorney shall give notice of the forfeiture proceeding by mailing a copy of the Complaint in the forfeiture proceeding to the persons, and upon the manner, set forth in Section 36‑1. The owner of the seized vessel, vehicle or aircraft or any person whose right, title, or interest is of record as described in Section 36‑1, may within 20 days after the mailing of such notice file a verified answer to the Complaint and may appear at the hearing on the action for forfeiture. The State shall show at such hearing by a preponderance of the evidence, that such vessel, vehicle or aircraft was used in the commission of an offense described in Section 36‑1. The owner of such vessel, vehicle or aircraft or any person whose right, title, or interest is of record as described in Section 36‑1, may show by a preponderance of the evidence that he did not know, and did not have reason to know, that the vessel, vehicle or aircraft was to be used in the commission of such an offense or that any of the exceptions set forth in Section 36‑3 are applicable. Unless the State shall make such showing, the Court shall order such vessel, vehicle or aircraft released to the owner. Where the State has made such showing, the Court may order the vessel, vehicle or aircraft destroyed; may order it delivered to any local, municipal or county law enforcement agency, or the Department of State Police or the Department of Revenue of the State of Illinois; or may order it sold at public auction. (b) A copy of the order shall be filed with the sheriff of the county in which the seizure occurs and with each Federal or State office or agency with which such vessel, vehicle or aircraft is required to be registered. Such order, when filed, constitutes authority for the issuance of clear title to such vehicle, aircraft, or boat to the department or agency to whom it is delivered or any purchaser thereof. The sheriff shall comply promptly with instructions to remit received from the State's Attorney or Attorney General in accordance with Sections 36‑2(a) or 36‑3. (c) The proceeds of any sale at public auction pursuant to Section 36‑2 of this Act, after payment of all liens and deduction of the reasonable charges and expenses incurred by the sheriff in storing and selling such vehicle, shall be paid into the general fund of the county of seizure. (Source: P.A. 84‑25.) |
(720 ILCS 5/36‑3) (from Ch. 38, par. 36‑3) Sec. 36‑3. Exceptions to forfeiture. (a) No vessel, vehicle, or aircraft used by any person as a common carrier in the transaction of business as such common carrier may be forfeited under the provisions of Section 36‑2 unless it appears that (1) in the case of a railway car or engine, the owner, or (2) in the case of any other such vessel, vehicle or aircraft, the owner or the master of such vessel or the owner or conductor, driver, pilot, or other person in charge of such vehicle or aircraft was at the time of the alleged illegal act a consenting party or privy thereto. (b) No vessel, vehicle, or aircraft shall be forfeited under the provisions of Section 36‑2 by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such vessel, vehicle, or aircraft was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any state. (Source: Laws 1965, p. 2868.) |
(720 ILCS 5/36‑4) (from Ch. 38, par. 36‑4) Sec. 36‑4. Remission by Attorney General. Whenever any owner of, or other person interested in, a vessel, vehicle, or aircraft seized under the provisions of this Act files with the Attorney General before the sale or destruction of such vessel, vehicle, or aircraft, a petition for the remission of such forfeiture the Attorney General if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the owner or any person whose right, title or interest is of record as described in Section 36‑1, to violate the law, or finds the existence of such mitigating circumstances as to justify the remission of forfeiture, may cause the same to be remitted upon such terms and conditions as he deems reasonable and just, or order discontinuance of any forfeiture proceeding relating thereto. (Source: Laws 1965, p. 2868.) |
(720 ILCS 5/37‑2) (from Ch. 38, par. 37‑2) Sec. 37‑2. Enforcement of lien upon public nuisance. Any building, used in the commission of an offense specified in Section 37‑1 of this Act with the intentional, knowing, reckless or negligent permission of the owner thereof, or the agent of the owner managing the building, shall, together with the underlying real estate, all fixtures and other property used to commit such an offense, be subject to a lien and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any Section of this Article and to pay to any person not maintaining the nuisance his damages as a consequence of the nuisance; provided, that the lien herein created shall not affect the rights of any purchaser, mortgagee, judgment creditor or other lien holder arising prior to the filing of a notice of such lien in the office of the recorder of the county in which the real estate subject to the lien is located, or in the office of the registrar of titles of such county if that real estate is registered under "An Act concerning land titles" approved May 1, 1897, as amended; which notice shall definitely describe the real estate and property involved, the nature and extent of the lien claimed, and the facts upon which the same is based. An action to enforce such lien may be commenced in any circuit court by the State's Attorney of the county of the nuisance or by the person suffering damages or both, except that a person seeking to recover damages must pursue his remedy within 6 months after the damages are sustained or his cause of action becomes thereafter exclusively enforceable by the State's Attorney of the county of the nuisance. (Source: P.A. 83‑358.) |
(720 ILCS 5/37‑3) (from Ch. 38, par. 37‑3) Sec. 37‑3. Revocation of licenses, permits and certificates. All licenses, permits or certificates issued by the State of Illinois or any subdivision or political agency thereof authorizing the serving of food or liquor on any premises found to constitute a public nuisance as described in Section 37‑1 shall be void and shall be revoked by the issuing authority; and no license, permit or certificate so revoked shall be reissued for such premises for a period of 60 days thereafter; nor shall any person convicted of knowingly maintaining such nuisance be reissued such license, permit or certificate for one year from his conviction. No license, permit or certificate shall be revoked pursuant to this Section without a full hearing conducted by the commission or agency which issued the license. (Source: Laws 1965, p. 403.) |
(720 ILCS 5/37‑4) (from Ch. 38, par. 37‑4) Sec. 37‑4. Abatement of nuisance.) The Attorney General of this State or the State's Attorney of the county wherein the nuisance exists may commence an action to abate a public nuisance as described in Section 37‑1 of this Act, in the name of the People of the State of Illinois, in the circuit court. Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists, the court may without notice or bond enter a temporary restraining order or preliminary injunction to enjoin any defendant from maintaining such nuisance and may enter an order restraining any defendant from removing or interfering with all property used in connection with the public nuisance. If during the proceedings and hearings upon the merits, which shall be in the manner of "An Act in relation to places used for the purpose of using, keeping or selling controlled substances or cannabis", approved July 5, 1957, the existence of the nuisance is established, and it is found that such nuisance was maintained with the intentional, knowing, reckless or negligent permission of the owner or the agent of the owner managing the building, the court shall enter an order restraining all persons from maintaining or permitting such nuisance and from using the building for a period of one year thereafter, except that an owner, lessee or other occupant thereof may use such place if the owner shall give bond with sufficient security or surety approved by the court, in an amount between $1,000 and $5,000 inclusive, payable to the People of the State of Illinois, and including a condition that no offense specified in Section 37‑1 of this Act shall be committed at, in or upon the property described and a condition that the principal obligor and surety assume responsibility for any fine, costs or damages resulting from such an offense thereafter. (Source: P.A. 83‑342.) |
(720 ILCS 5/37‑5) (from Ch. 38, par. 37‑5) Sec. 37‑5. Enforcement by private person. A private person may, after 30 days and within 90 days of giving the Attorney General and the State's Attorney of the county of nuisance written notice by certified or registered mail of the fact that a public nuisance as described in Section 37‑1 of this Act, commence an action pursuant to Section 37‑4 of this Act, provided that the Attorney General or the State's Attorney of the county of nuisance has not already commenced said action. (Source: Laws 1965, p. 403.) |
(720 ILCS 5/38‑1) (from Ch. 38, par. 38‑1) Sec. 38‑1. Forfeiture of charter and revocation of certificate. The State's Attorney is authorized to institute civil proceedings in the Circuit Court to forfeit the charter of a corporation organized under the laws of this State or to revoke the certificate authorizing a foreign corporation to conduct business in this State. The Court may order the charter forfeited or the certificate revoked upon finding (a) that a director, officer, employee, agent or stockholder acting in behalf of the corporation has, in conducting the corporation's affairs, purposely engaged in a persistent course of intimidation, coercion, bribery or other such illegal conduct with the intent to compel other persons, firms, or corporations to deal with such corporation, and (b) that for the prevention of future illegal conduct of the same character, the public interest requires the charter of the corporation to be forfeited and the corporation to be dissolved or the certificate to be revoked. (Source: Laws 1965, p. 1222.) |
(720 ILCS 5/38‑2) (from Ch. 38, par. 38‑2) Sec. 38‑2. Enjoining operation of a business. The State's Attorney is authorized to institute civil proceedings in the Circuit Court to enjoin the operation of any business other than a corporation, including a partnership, joint venture or sole proprietorship. The Court may grant the injunction upon finding that (a) any person in control of any such business, who may be a partner in a partnership, a participant in a joint venture, the owner of a sole proprietorship, an employee or agent of any such business, or a person who, in fact, exercises control over the operations of any such business, has, in conducting its business affairs, purposely engaged in a persistent course of intimidation, coercion, bribery or other such illegal conduct with the intent to compel other persons, firms, or corporations to deal with such business, and (b) that for the prevention of future illegal conduct of the same character, the public interest requires the operation of the business to be enjoined. (Source: Laws 1965, p. 1222.) |
(720 ILCS 5/38‑3) (from Ch. 38, par. 38‑3) Sec. 38‑3. Institution and conduct of proceedings.) (a) The proceedings authorized by Section 38‑1 may be instituted against a corporation in any county in which it is doing business and the proceedings shall be conducted in accordance with the Civil Practice Law and all existing and future amendments of that Law and the Supreme Court Rules now or hereafter adopted in relation to that Law. Such proceedings shall be deemed additional to any other proceeding authorized by law for the purpose of forfeiting the charter of a corporation or revoking the certificate of a foreign corporation. (b) The proceedings authorized by Section 38‑2 may be instituted against a business other than a corporation in any county in which it is doing business and the proceedings shall be conducted in accordance with the Civil Practice Law and all existing and future amendments of that Law and the Supreme Court Rules now or hereafter adopted in relation to that Law. (c) Whenever proceedings are instituted against a corporation or business pursuant to Section 38‑1 or 38‑2, the State's Attorney shall give written notice of the institution of such proceedings to the corporation or business against which the proceedings are brought. (Source: P.A. 82‑783.) |
(720 ILCS 5/39‑1) (from Ch. 38, par. 39‑1) Sec. 39‑1. Criminal Usury. (a) Any person commits criminal usury when, in exchange for either a loan of money or other property or forbearance from the collection of such a loan, he knowingly contracts for or receives from an individual, directly or indirectly, interest, discount or other consideration at a rate greater than 20% per annum either before or after the maturity of the loan. (b) When a person has in his personal or constructive possession records, memoranda, or other documentary record of usurious loans it shall be prima facie evidence that he has violated Subsection 39‑1(a) hereof. (Source: P.A. 76‑1879.) |
(720 ILCS 5/39‑2) (from Ch. 38, par. 39‑2) Sec. 39‑2. Sentence. Criminal usury is a Class 4 felony. (Source: P. A. 77‑2638.) |
(720 ILCS 5/39‑3) (from Ch. 38, par. 39‑3) Sec. 39‑3. Non‑application to licensed persons. This Article does not apply to any loan authorized to be made by any person licensed under the Consumer Installment Loan Act, approved August 30, 1963, as heretofore or hereafter amended, or to any loan permitted by Sections 4, 4.2 and 4a of "An Act in relation to the rate of interest and other charges in connection with sales on credit and the lending of money", approved May 24, 1879, as heretofore or hereafter amended, or by any other law of this State. (Source: P.A. 84‑1004.) |
(720 ILCS 5/44‑1) (from Ch. 38, par. 44‑1) Sec. 44‑1. As used in this Act, "telecommunications device" or "device" means a device which is portable or which may be installed in a motor vehicle, boat or other means of transportation, and which is capable of receiving or transmitting speech, data, signals or other information, including but not limited to paging devices, cellular and mobile telephones, and radio transceivers, transmitters and receivers, but not including radios designed to receive only standard AM and FM broadcasts. (Source: P.A. 86‑811.) |
(720 ILCS 5/45‑1) (from Ch. 38, par. 45‑1) Sec. 45‑1. Definitions. As used in this Article: (a) "Domestic violence" means attempting to cause or causing abuse of a family or household member or high‑risk adult with disabilities, or attempting to cause or causing neglect or exploitation of a high‑risk adult with disabilities which threatens the adult's health and safety. (b) "Family or household member" means a spouse, person living as a spouse, parent, or other adult person related by consanguinity or affinity, who is residing or has resided with the person committing domestic violence. "Family or household member" includes a high‑risk adult with disabilities who resides with or receives care from any person who has the responsibility for a high‑risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of an adult with disabilities voluntarily, by express or implied contract, or by court order. (c) "High‑risk adult with disabilities" means a person aged 18 or over whose physical or mental disability impairs his or her ability to seek or obtain protection from abuse, neglect, or exploitation. (d) "Abuse", "exploitation", and "neglect" have the meanings ascribed to those terms in Section 103 of the Illinois Domestic Violence Act of 1986. (Source: P.A. 87‑441; 88‑45.) |
(720 ILCS 5/45‑2) (from Ch. 38, par. 45‑2) Sec. 45‑2. Disclosure of location of domestic violence victim. Any person who publishes, disseminates or otherwise discloses the location of any domestic violence victim, without the authorization of that domestic violence victim, knowing that such disclosure will result in, or has the substantial likelihood of resulting in, the threat of bodily harm, is guilty of a Class A misdemeanor. Nothing in this Section shall apply to confidential communications between an attorney and his or her client. (Source: P.A. 87‑441; 88‑45.) |
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(2) A violation of the Section in which the value of | ||
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(3) A violation of this Section in which the value | ||
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(4) A violation of this Section in which the value | ||
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(5) A person convicted of insurance fraud, vendor | ||
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(c) For the purposes of this Article, where the exact value of property obtained or attempted to be obtained is either not alleged by the accused or not specifically set by the terms of a policy of insurance, the value of the property shall be the fair market replacement value of the property claimed to be lost, the reasonable costs of reimbursing a vendor or other claimant for services to be rendered, or both. (d) Definitions. For the purposes of this Article: (1) "Insurance company" means "company" as defined | ||
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(2) "Self‑insured entity" means any person, | ||
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(3) "Obtain", "obtains control", "deception", | ||
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(4) "Governmental entity" means each officer, board, | ||
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(5) "False claim" means any statement made to any | ||
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(6) "Statement" means any assertion, oral, written, | ||
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(Source: P.A. 94‑577, eff. 1‑1‑06.) |
(720 ILCS 5/46‑1.1) Sec. 46‑1.1. Fraud on a governmental entity. (a) A person commits the offense of fraud on a governmental entity when he or she knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of any governmental entity by the making of a false claim of bodily injury or of damage to or loss or theft of property or by causing a false claim of bodily injury or of damage to or loss or theft of property to be made against the governmental entity, intending to deprive the governmental entity permanently of the use and benefit of that property. (b) Sentence. (1) A violation of this Section in which the value | ||
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(2) A violation of this Section in which the value | ||
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(3) A violation of this Section in which the value | ||
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(4) A violation of this Section in which the value | ||
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(Source: P.A. 90‑333, eff. 1‑1‑98; 91‑232, eff. 1‑1‑00.) |
(720 ILCS 5/46‑2) Sec. 46‑2. Aggravated fraud. (a) A person commits the offense of aggravated fraud when he or she, within an 18 month period, obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of an insurance company or insurance companies, a self‑insured entity or self‑insured entities, or any governmental entity or governmental entities by the making of 3 or more false claims or by causing 3 or more false claims to be made arising out of separate incidents or transactions in violation of Section 46‑1 or 46‑1.1 of this Code. (b) Sentence. A violation of this Section is a Class 1 felony, regardless of the value of the property obtained, attempted to be obtained, or caused to be obtained. (Source: P.A. 90‑333, eff. 1‑1‑98; 91‑232, eff. 1‑1‑00.) |
(720 ILCS 5/46‑3) Sec. 46‑3. Conspiracy to commit fraud. (a) A person commits conspiracy to commit fraud when, with the intent that a violation of Section 46‑1, 46‑1.1, or 46‑2 of this Code be committed, he agrees with another to violate Section 46‑1, 46‑1.1, or 46‑2. No person may be convicted of conspiracy to commit fraud unless an overt act or acts in furtherance of the agreement is alleged and proved to have been committed by him or by a co‑conspirator and the accused is a part of a common scheme or plan to engage in the unlawful activity. Where the offense agreed to be committed is a violation of Section 46‑2, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of Section 46‑1 or 46‑1.1 need not be the same person or persons for each violation, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged violations. (b) It is not a defense to conspiracy to commit fraud that the person or persons with whom the accused is alleged to have conspired: (1) have not been prosecuted or convicted; (2) have been convicted of a different offense; (3) are not amenable to justice; (4) have been acquitted; or (5) lacked the capacity to commit an offense. (c) Notwithstanding Section 8‑5 of this Code, a person may be convicted and sentenced both for the offense of conspiracy to commit fraud and for any other offense that is the object of the conspiracy. (d) Conspiracy to commit fraud involving a violation of Section 46‑1 or 46‑1.1 of this Code is a Class 2 felony. Insurance fraud conspiracy involving a violation of Section 46‑2 of this Code is a Class 1 felony. (Source: P.A. 90‑333, eff. 1‑1‑98.) |
(720 ILCS 5/46‑4) Sec. 46‑4. Organizer of an aggravated fraud conspiracy. (a) A person commits the offense of being an organizer of an aggravated fraud conspiracy when he: (1) with the intent that a violation of Section 46‑2 | ||
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(2) with respect to other persons within the | ||
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No person may be convicted of the offense of being an organizer of an aggravated fraud conspiracy unless an overt act or acts in furtherance of the agreement is alleged and proved to have been committed by him or by a co‑conspirator and the accused is part of a common scheme or plan to engage in the unlawful activity. For the purposes of this Section, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of Section 46‑1 or 46‑1.1 of this Code need not be the same person or persons for each violation, as long as the accused occupied a position of organizer, supervisor, financer, or other position of management in each of the 3 or more alleged violations. (b) It is not a defense to the offense of being an organizer of an aggravated fraud conspiracy that the person or persons with whom the accused is alleged to have conspired: (1) have not been prosecuted or convicted; (2) have been convicted of a different offense; (3) are not amenable to justice; (4) have been acquitted; or (5) lacked the capacity to commit an offense. (c) Notwithstanding Section 8‑5 of this Code, a person may be convicted and sentenced both for the offense of being an organizer of an aggravated fraud conspiracy and for any other offense that is the object of the conspiracy. (d) The offense of being an organizer of an aggravated fraud conspiracy is a Class X felony. (Source: P.A. 90‑333, eff. 1‑1‑98; 91‑357, eff. 7‑29‑99.) |
(720 ILCS 5/46‑5) Sec. 46‑5. Civil damages for insurance fraud or fraud on a governmental entity. (a) A person who knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of any insurance company by the making of a false claim or by causing a false claim to be made on a policy of insurance issued by an insurance company, or by the making of a false claim or by causing a false claim to be made to a self‑insured entity intending to deprive an insurance company or self‑insured entity permanently of the use and benefit of that property, shall be civilly liable to the insurance company or self‑insured entity that paid the claim or against whom the claim was made or to the subrogee of that insurance company or self‑insured entity in an amount equal to either 3 times the value of the property wrongfully obtained or, if no property was wrongfully obtained, twice the value of the property attempted to be obtained, whichever amount is greater, plus reasonable attorneys fees. A person who knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of a governmental entity by the making of a false claim of bodily injury or of damage to or loss or theft of property, intending to deprive the governmental entity permanently of the use and benefit of that property, shall be civilly liable to the governmental entity that paid the claim or against whom the claim was made or to the subrogee of the governmental entity in an amount equal to either 3 times the value of the property wrongfully obtained or, if property was not wrongfully obtained, twice the value of the property attempted to be obtained, whichever amount is greater, plus reasonable attorneys fees. (b) An insurance company or self‑insured entity that brings an action against a person under subsection (a) of this Section in bad faith shall be liable to that person for twice the value of the property claimed, plus reasonable attorneys fees. In determining whether an insurance company or self‑insured entity acted in bad faith, the court shall relax the rules of evidence to allow for the introduction of any facts or other information on which the insurance company or self‑insured entity may have relied in bringing an action under subsection (a) of this Section. (c) For the purposes of this Section, where the exact value of the property attempted to be obtained is either not alleged by the claimant or not specifically set by the terms of a policy of insurance, the value of the property shall be the fair market replacement value of the property claimed to be lost, the reasonable costs of reimbursing a vendor or other claimant for services to be rendered, or both. (Source: P.A. 90‑333, eff. 1‑1‑98; 91‑232, eff. 1‑1‑00.) |
(720 ILCS 5/47‑5) Sec. 47‑5. Public nuisance. It is a public nuisance: (1) To cause or allow the carcass of an animal or offal, filth, or a noisome substance to be collected, deposited, or to remain in any place to the prejudice of others. (2) To throw or deposit offal or other offensive matter or the carcass of a dead animal in a water course, lake, pond, spring, well, or common sewer, street, or public highway. (3) To corrupt or render unwholesome or impure the water of a spring, river, stream, pond, or lake to the injury or prejudice of others. (4) To obstruct or impede, without legal authority, the passage of a navigable river or waters. (5) To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places. (6) To carry on the business of manufacturing gunpowder, nitroglycerine, or other highly explosive substances, or mixing or grinding the materials for those substances, in a building within 20 rods of a valuable building erected at the time the business is commenced. (7) To establish powder magazines near incorporated towns, at a point different from that appointed according to law by the corporate authorities of the town, or within 50 rods of an occupied dwelling house. (8) To erect, continue, or use a building or other place for the exercise of a trade, employment, or manufacture that, by occasioning noxious exhalations, offensive smells, or otherwise, is offensive or dangerous to the health of individuals or of the public. (9) To advertise wares or occupation by painting notices of the wares or occupation on or affixing them to fences or other private property, or on rocks or other natural objects, without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities. (10) To permit a well drilled for oil, gas, salt water disposal, or any other purpose in connection with the production of oil and gas to remain unplugged after the well is no longer used for the purpose for which it was drilled. (11) To construct or operate a salt water pit or oil field refuse pit, commonly called a "burn out pit", so that salt water, brine, or oil field refuse or other waste liquids may escape from the pit in a manner except by the evaporation of the salt water or brine or by the burning of the oil field waste or refuse. (12) To permit concrete bases, discarded machinery, and materials to remain around an oil or gas well, or to fail to fill holes, cellars, slush pits, and other excavations made in connection with the well or to restore the surface of the lands surrounding the well to its condition before the drilling of the well, upon abandonment of the oil or gas well. (13) To permit salt water, oil, gas, or other wastes from a well drilled for oil, gas, or exploratory purposes to escape to the surface, or into a mine or coal seam, or into an underground fresh water supply, or from one underground stratum to another. (14) To harass, intimidate, or threaten a person who is about to sell or lease or has sold or leased a residence or other real property or is about to buy or lease or has bought or leased a residence or other real property, when the harassment, intimidation, or threat relates to a person's attempt to sell, buy, or lease a residence, or other real property, or refers to a person's sale, purchase, or lease of a residence or other real property. (15) To store, dump, or permit the accumulation of debris, refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage cans, or other containers in a manner that may harbor mosquitoes, flies, insects, rodents, nuisance birds, or other animal pests that are offensive, injurious, or dangerous to the health of individuals or the public. (16) To create a condition, through the improper maintenance of a swimming pool or wading pool, or by causing an action that alters the condition of a natural body of water, so that it harbors mosquitoes, flies, or other animal pests that are offensive, injurious, or dangerous to the health of individuals or the public. (17) To operate a tanning facility without a valid permit under the Tanning Facility Permit Act. Nothing in this Section shall be construed to prevent the corporate authorities of a city, village, or incorporated town, or the county board of a county, from declaring what are nuisances and abating them within their limits. Counties have that authority only outside the corporate limits of a city, village, or incorporated town. (Source: P.A. 89‑234, eff. 1‑1‑96.) |
(720 ILCS 5/47‑10) Sec. 47‑10. Dumping garbage. It is unlawful for a person to dump or place garbage or another offensive substance within the corporate limits of a city, village, or incorporated town other than (1) the city, village, or incorporated town within the corporate limits of which the garbage or other offensive substance originated or (2) a city, village, or incorporated town that has contracted with the city, village, or incorporated town within which the garbage originated, for the joint collection and disposal of garbage; nor shall the garbage or other offensive substance be dumped or placed within a distance of one mile of the corporate limits of any other city, village, or incorporated town. A person violating this Section is guilty of a petty offense. (Source: P.A. 89‑234, eff. 1‑1‑96.) |
(720 ILCS 5/47‑15) Sec. 47‑15. Dumping garbage upon real property. (a) It is unlawful for a person to dump, deposit, or place garbage, rubbish, trash, or refuse upon real property not owned by that person without the consent of the owner or person in possession of the real property. (b) A person who violates this Section is liable to the owner or person in possession of the real property on which the garbage, rubbish, trash, or refuse is dumped, deposited, or placed for the reasonable costs incurred by the owner or person in possession for cleaning up and properly disposing of the garbage, rubbish, trash, or refuse, and for reasonable attorneys' fees. (c) A person violating this Section is guilty of a Class B misdemeanor for which the court must impose a minimum fine of $500. A second conviction for an offense committed after the first conviction is a Class A misdemeanor for which the court must impose a minimum fine of $500. A third or subsequent violation, committed after a second conviction, is a Class 4 felony for which the court must impose a minimum fine of $500. A person who violates this Section and who has an equity interest in a motor vehicle used in violation of this Section is presumed to have the financial resources to pay the minimum fine not exceeding his or her equity interest in the vehicle. Personal property used by a person in violation of this Section shall on the third or subsequent conviction of the person be forfeited to the county where the violation occurred and disposed of at a public sale. Before the forfeiture, the court shall conduct a hearing to determine whether property is subject to forfeiture under this Section. At the forfeiture hearing the State has the burden of establishing by a preponderance of the evidence that property is subject to forfeiture under this Section. (d) The statutory minimum fine required by subsection (c) is not subject to reduction or suspension unless the defendant is indigent. If the defendant files a motion with the court asserting his or her inability to pay the mandatory fine required by this Section, the court must set a hearing on the motion before sentencing. The court must require an affidavit signed by the defendant containing sufficient information to ascertain the assets and liabilities of the defendant. If the court determines that the defendant is indigent, the court must require that the defendant choose either to pay the minimum fine of $500 or to perform 100 hours of community service. (Source: P.A. 90‑655, eff. 7‑30‑98; 91‑409, eff. 1‑1‑00.) |
(720 ILCS 5/47‑20) Sec. 47‑20. Unplugged well. It is a Class A misdemeanor for a person to permit a water well, located on property owned by him or her, to be in an unplugged condition at any time after the abandonment of the well for obtaining water. No well is in an unplugged condition, however, that is plugged in conformity with the rules and regulations of the Department of Natural Resources issued under Section 6 and Section 19 of the Illinois Oil and Gas Act. This Section does not apply to a well drilled or used for observation or any other purpose in connection with the development or operation of a gas storage project. (Source: P.A. 89‑234, eff. 1‑1‑96; 89‑445, eff. 2‑7‑96.) |
(720 ILCS 5/47‑25) Sec. 47‑25. Penalties. Whoever causes, erects, or continues a nuisance described in this Article, for the first offense, is guilty of a petty offense and shall be fined not exceeding $100, and for a subsequent offense is guilty of a Class B misdemeanor. Every nuisance described in this Article, when a conviction for that nuisance is had, may, by order of the court before which the conviction is had, be abated by the sheriff or other proper officer, at the expense of the defendant. It is not a defense to a proceeding under this Section that the nuisance is erected or continued by virtue or permission of a law of this State. (Source: P.A. 89‑234, eff. 1‑1‑96.) |
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