093_HB2301

 
                                     LRB093 08210 DRH 08417 b

 1        AN ACT in relation to highways.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Highway  Code  is  amended  by
 5    changing Section 9-117 as follows:

 6        (605 ILCS 5/9-117) (from Ch. 121, par. 9-117)
 7        Sec.  9-117.  If any person injures or obstructs a public
 8    highway by felling a tree or trees in,  upon  or  across  the
 9    same, or by placing or leaving any other obstruction thereon,
10    or encroaching upon the same with any fence, or by plowing or
11    digging  any  ditch or other opening thereon, or by turning a
12    current of water so as to saturate, wash or damage the  same,
13    or  by  plowing  in  or  across  or on the slopes of the side
14    gutters or ditches,  or  by  placing  any  material  in  such
15    ditches,  or  in  any  way  interfering with the free flow of
16    water therein, or leaves the cuttings of  any  hedge  thereon
17    for  more than 10 days, without the permission of the highway
18    authority having jurisdiction over such highway, he shall  be
19    guilty  of  a  petty offense and fined for every such offense
20    not less than $50 $10 nor more than $500 $100; and in case of
21    placing any obstruction on the highway, an additional sum  of
22    not  exceeding  $50  $10 per day for every day he allows such
23    obstruction to remain after he has been ordered to remove  it
24    by  the  highway  authority  having  jurisdiction  over  such
25    highway.  Any  person  feeling  himself aggrieved or any such
26    highway authority may make a complaint under this Section.
27        The  highway  authority  having  jurisdiction  over  such
28    highway, after having given 10 days' notice to the owners  of
29    the  obstruction  or  person  so  obstructing, or plowing, or
30    digging ditches upon such highway  or  interfering  with  the
31    free  flow  of  water  in the side gutters or ditches, of the
 
                            -2-      LRB093 08210 DRH 08417 b
 1    obstruction, plowing or digging of ditches, interfering  with
 2    drainage, or of the encroachment of any fence, may remove any
 3    such  fence  or  other  obstruction,  fill  up  any  ditch or
 4    excavation except ditches necessary to  the  drainage  of  an
 5    adjoining  farm  emptying  into  a ditch upon the highway, or
 6    regrade  such  side  gutters  or  ditches,  and  recover  the
 7    necessary cost of such removal or filling of any  such  ditch
 8    or  excavation,  or regrading of such side gutters or ditches
 9    from such owner or other person obstructing or damaging  such
10    highway  aforesaid,  to be collected by the highway authority
11    having jurisdiction of the highway whereon such  offense  was
12    committed.  Any such cost recovered shall be deposited in the
13    road fund of the political division having jurisdiction  over
14    the  highway adjudged to have been obstructed or injured, and
15    shall be used only for maintenance or construction of  public
16    highways under the jurisdiction of that division.
17        The  10  day  notice  requirement  of this Section is not
18    required  for  any  obstruction  to  traffic  flow  including
19    non-adherence to the provisions of a  permit  issued  by  the
20    highway  authority  having  jurisdiction under Section 4-209,
21    5-413, or 9-113 of this Code.
22        However, this section shall not apply to any  person  who
23    shall  lawfully  fell  any tree for use and shall immediately
24    remove the same out of the highway, nor to any person through
25    or along whose land a public  highway  may  pass,  who  shall
26    desire  to  drain  his land, and who shall give due notice to
27    the proper highway authority of such intention, and who shall
28    first secure from such highway authority  written  permission
29    for any work, ditching or excavating he proposes to do within
30    the limits of the highway.
31    (Source: P.A. 88-233.)

32        Section  99.  Effective date.  This Act takes effect upon
33    becoming law.