Rep. Edward J. Acevedo
Filed: 4/3/2014
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 4077




2    AMENDMENT NO. ______. Amend House Bill 4077 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Junkyard Act is amended by adding Section 
53.5 and changing Section 7 as follows:
 
6    (415 ILCS 95/3.5 new)
7    Sec. 3.5.
8    (a)   For the purpose of this Section:
9        "Place of worship" means a church, synagogue, mosque, 
10    temple, or other building, structure, or place used 
11    primarily for religious worship and includes the grounds of 
12    a place of worship.
13        "School" means a public or private primary or secondary 
14    school; a primary or secondary school operated by a
    
15    religious institution; or

        a public, private, or religious 
16    nursery school.
 
 
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1    (b)   Within a municipality with a population of 2,000,000 or 
2more, no person shall establish, maintain, or operate a 
3junkyard or scrap processing facility within 2,640 feet of a 
4school or place of worship.  This Section does not apply to 
5junkyards or  scrap processing facilities established and in 
6operation on the effective date of this amendatory Act of the 
798th General Assembly.
 



8    (415 ILCS 95/7)  (from Ch. 121, par. 467)



9    Sec. 7. 
(a) The Department may, in addition to any other 
10remedies,
initiate an appropriate action in the circuit court 
11of the county in
which a junkyard or scrap processing facility 
12is located, to prevent the
unlawful establishment, operation or 
13maintenance of a junkyard or scrap
processing facility which is 
14not in compliance with this Act, or to
restrain, correct or 
15abate a violation of this Act, or to prevent any
illegal Act, 
16conduct, business or use in or about the premises of such

17junkyard or scrap processing facility. This subsection (a) does 
18not apply to violations of Section 3.5 of this Act. 

19    (a-5)  A municipality with a population of 2,000,000 or more 
20may, in addition to any other remedies, initiate an appropriate 
21action in the circuit court of the county in which a junkyard 
22or scrap processing facility is located, to prevent the 
23unlawful establishment, operation or maintenance of a junkyard 
24or scrap processing facility which is not in compliance with 
25Section 3.5 of this Act, or to restrain, correct or abate a 
 
 
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1violation of Section 3.5 of this Act. 
2    (b) Whoever violates any provision of this Act is guilty of 
3a petty
offense for a first violation, and of a Class C 
4misdemeanor for second or
subsequent violations.

5(Source: P.A. 84-1308.)

 

6    Section 99. Effective date. This Act takes effect upon 
7becoming law.".