| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 55 ILCS 5/5-12001.2 (55 ILCS 5/5-12001.2) Sec. 5-12001.2. Regulation of telecommunications facilities; Lake County pilot project. In addition to any other requirements under this Division concerning the regulation of telecommunications facilities and except as provided by the Small Wireless Facilities Deployment Act, the following applies to any new telecommunications facilities in Lake County that are not AM telecommunications towers or facilities: (a) For every new wireless telecommunications | | facility requiring a new tower structure, a telecommunications carrier shall provide the county with documentation consisting of the proposed location, a site plan, and an elevation that sufficiently describes a proposed wireless facility location.
|
| (b) The county shall have 7 days to review the
| | facility proposal and contact the telecommunications carrier in writing via e-mail or other written means as specified by the telecommunications carrier. This written communication shall either approve the proposed location or request a meeting to review other possible alternative locations. If requested, the meeting shall take place within 7 days after the date of the written communication.
|
| (c) At the meeting, the telecommunications carrier
| | shall provide the county documentation consisting of radio frequency engineering criteria and a corresponding telecommunications facility search ring map, together with documentation of the carrier's efforts to site the proposed facility within the telecommunications facility search ring.
|
| (d) Within 21 days after receipt of the carrier's
| | documentation, the county shall propose either an alternative site within the telecommunications facility search ring, or an alternative site outside of the telecommunications search ring that meets the radio frequency engineering criteria provided by the telecommunications carrier and that will not materially increase the construction budget beyond what was estimated on the original carrier proposed site.
|
| (e) If the county's proposed alternative site meets
| | the radio frequency engineering criteria provided by the telecommunications carrier, and will not materially increase the construction budget beyond what was estimated on the original carrier proposed site, then the telecommunications carrier shall agree to build the facility at the alternative location, subject to the negotiation of a lease with commercially reasonable terms and the obtainment of the customary building permits.
|
| (f) If the telecommunications carrier can demonstrate
| | that: (i) the county's proposed alternative site does not meet the radio frequency engineering criteria, (ii) the county's proposed alternative site will materially increase the construction budget beyond what was estimated on the original carrier proposed site, (iii) the county has failed to provide an alternative site, or (iv) after a period of 90 days after receipt of the alternative site, the telecommunications carrier has failed, after acting in good faith and with due diligence, to obtain a lease or, at a minimum, a letter of intent to lease the alternative site at lease rates not materially greater than the lease rate for the original proposed site; then the carrier can proceed to permit and construct the site under the provisions and standards of Section 5-12001.1 of this Code.
|
|
(Source: P.A. 100-585, eff. 6-1-18 .)
|
55 ILCS 5/5-12001.3 (55 ILCS 5/5-12001.3) Sec. 5-12001.3. Waiver of building, inspection, and construction fees. (a) As used in this Section, "disaster" includes, but is not limited to, an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or technological cause, including, but not limited to, fire, flood, earthquake, wind, storm, hazardous materials spill, or other water contamination, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, public health emergencies, or acts of domestic terrorism. (b) Notwithstanding any other provision of law, a county board or board of county commissioners may, by resolution, waive any fees or costs associated with a permit, inspection, or certification of occupancy required by law for construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of a manufactured home, building, dwelling, or structure, either commercial or residential, damaged as a result of a disaster, emergency, weather event, or for any reason deemed warranted in the interests of public safety, welfare, and recovery of the community by the county board or board of county commissioners.
(Source: P.A. 102-24, eff. 6-25-21.) |
55 ILCS 5/5-12002
(55 ILCS 5/5-12002) (from Ch. 34, par. 5-12002)
Sec. 5-12002.
Inoperable motor vehicles.
The county board may by
ordinance declare all inoperable motor vehicles, whether on public or
private property, to be a nuisance and authorize fines to be levied for the
failure of any person to obey a notice received from the county which
states that such person is to dispose of any inoperable motor vehicles
under his or her control. However, nothing in this Section shall apply to
any motor vehicle that is kept within a building when not in use, to
historic vehicles over 25 years of age, or to a motor vehicle on the
premises of a place of business engaged in the wrecking or junking of
motor vehicles.
As used in this Section, "inoperable motor vehicle" means any motor vehicle
from which, for a period of at least 6 months, the engine, wheels or other
parts have been removed, or on which the engine, wheels or other parts have
been altered, damaged or otherwise so treated that the vehicle is incapable
of being driven under its own power. "Inoperable motor vehicle" shall not
include a motor vehicle which has been rendered temporarily incapable of
being driven under its own motor power in order to perform ordinary service
or repair operations.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-12002.1 (55 ILCS 5/5-12002.1) Sec. 5-12002.1. Hazardous dilapidated motor vehicles. (a) The General Assembly hereby finds that the proliferation of hazardous dilapidated motor vehicles constitutes a hazard to the health, safety, and welfare of the public, and that addressing the problems caused by such abandoned dilapidated vehicles constitutes a compelling and fundamental governmental interest. The General Assembly also finds that the only effective method of dealing with the problem is to promulgate a comprehensive scheme to expedite the towing and disposal of such vehicles. (b) As used in this Section, "hazardous dilapidated motor vehicle" means any motor vehicle with a substantial number of essential parts, as defined by Section 1-118 of The Illinois Vehicle Code, either damaged, removed, or altered or otherwise so treated that the vehicle is incapable of being driven under its own motor power or, which by its general state of deterioration, poses a threat to the public's health, safety, and welfare. "Hazardous dilapidated motor vehicle" shall not include a motor vehicle that has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. The owner of a vehicle towed under the provisions of this Section shall be entitled to any hearing or review of the towing of the vehicle as provided by State or local law. (c) A county board may by ordinance declare all inoperable motor vehicles, whether on public or private property and in view of the general public, to be hazardous dilapidated motor vehicles, and may authorize a law enforcement agency, with applicable jurisdiction, to remove immediately, any hazardous dilapidated motor vehicle or parts thereof. The ordinance shall include a requirement that notice must be sent by certified mail to either the real property owner of record or the vehicle owner at least 10 days prior to removal. Nothing in this Section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking, selling, or junking of motor vehicles.
(Source: P.A. 97-779, eff. 7-13-12.) |
55 ILCS 5/5-12003
(55 ILCS 5/5-12003) (from Ch. 34, par. 5-12003)
Sec. 5-12003.
Special flood hazard areas.
In those areas within the
territory of a county with a population in excess of 500,000 and fewer
than 3 million inhabitants, and outside any city, village or incorporated
town, which are identified as "Special Flood Hazard Areas" under the terms
and provisions of any ordinance adopted under this Division, the
unauthorized excavation or filling of such an area by any person shall
cause the county board to apply to the circuit court in that county for an
order to remove the fill and restore the parcel to its natural elevation in
order to lessen or avoid the imminent threat to the public health, safety
or welfare and damage to property resulting from the accumulation or
run-off of storm or flood waters. Where, upon diligent search, the
identity or whereabouts of the owner of any such parcel, including lien
holders of record, are not ascertainable, notice mailed to the person in
whose name such real estate was last assessed for taxes, as shown
by the county collector's books, constitutes sufficient notice under this
Section. The hearing upon such application to the circuit court shall be
expedited by the court and given precedence over all other suits. The cost
of removal or restoration incurred by the county board is recoverable from
the owner of such real estate and is a lien thereon, which lien is superior
to all prior existing liens and encumbrances, except taxes; provided that
within 60 days after such removal of fill or restoration of the parcel to
its natural elevation, the county board shall file notice of lien
for such cost and expense incurred in the office of the recorder of the
county. The notice
must consist of a sworn statement setting out (1) a description of the real
estate sufficient for identification thereof, (2) the amount of money
representing the cost and expense incurred, and (3) the date on which the
cost was incurred by the county. Upon payment of the costs and expenses by
the owner or persons interested in the property, the lien shall be released
by the county in whose name the lien has been filed and the release may be
filed of record. The lien may be enforced by proceedings of foreclosure as
in the case of mortgages or mechanics' liens, which action must be
commenced within 3 years after the date of filing notice of lien.
(Source: P.A. 90-14, eff. 7-1-97.)
|
55 ILCS 5/5-12004
(55 ILCS 5/5-12004) (from Ch. 34, par. 5-12004)
Sec. 5-12004.
Abandonment of vehicles prohibited.
(a)
The abandonment of a vehicle or any part thereof on any county highway in
any county with 500,000 or more inhabitants, but fewer than 3,000,000, is
unlawful and a petty offense punishable by a fine not to exceed $500.
(b) The abandonment of a vehicle or any part thereof on private or
public property other than a highway in view of the general public,
anywhere in such a county, is unlawful except on property of the owner or
bailee of such abandoned vehicle. A vehicle or any part thereof so
abandoned on private property shall be authorized for removal by the
official so designated by ordinance of the county board after a waiting
period of 7 days or more. A violation of this subsection (b) is a petty
offense punishable by a fine not to exceed $500.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-12005
(55 ILCS 5/5-12005) (from Ch. 34, par. 5-12005)
Sec. 5-12005.
Abandoned, lost, stolen or unclaimed vehicles.
In any
county with 500,000 or more inhabitants, but fewer than 3,000,000, when an
abandoned, lost, stolen or unclaimed vehicle comes into the temporary
possession or custody of a person, not the owner of the vehicle, such
person shall immediately notify the administrative official in the county
who is charged with the enforcement of any ordinance adopted pursuant to
this Division. Upon receipt of such notification, the administrative
official shall authorize a towing service to remove and take possession of
the abandoned, lost, stolen or unclaimed vehicle and its contents and
maintain a record of the tow as set forth in Section 4-204 of The Illinois
Vehicle Code until the vehicle is claimed by the owner or any person
legally entitled to possession thereof or until it is disposed of as
provided in The Illinois Vehicle Code.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-12006
(55 ILCS 5/5-12006) (from Ch. 34, par. 5-12006)
Sec. 5-12006. Vehicle removal. (a) In any county with 500,000 or more
inhabitants, but fewer than 3,000,000, when a vehicle is abandoned or left
unattended on a highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more, its removal
by a towing service may be authorized by the administrative official
charged with such duty.
(b) When a vehicle removal from either public or private property is
authorized, the owner of the vehicle shall be responsible for all towing costs.
Vehicles removed from public or private property and stored by a
commercial vehicle relocator or any other towing service in compliance
with the Illinois Vehicle Code shall be subject to a possessory lien for
services pursuant to "An Act concerning liens for labor, services, skill or
materials furnished upon or storage furnished for chattels", filed July 24,
1941, as amended and the
provision of Section 1 of that Act relating to notice and implied consent
shall be deemed satisfied by compliance with Section 18a-302 and subsection
(6) of Section 18a-300 of The Illinois Vehicle Code. In no event shall
such lien be greater than the rate established in accordance with
subsection (3) of Section 18a-200 of The Illinois Vehicle Code. In no
event shall such lien be increased or altered to reflect any charge for
services or materials rendered in addition to those authorized by this
Division. Every such lien shall be payable by use of any major
credit card, in addition to being payable in cash.
(c) When a vehicle is authorized to be towed away under this Division, the
administrative official authorizing the towing shall keep and maintain a
record of the vehicle towed, listing the color, year of manufacture,
manufacturer's trade name, manufacturer's series name, body style, vehicle
identification number, license plate year and number and registration
sticker or digital registration sticker year and number displayed on the vehicle. The record shall also
include the date and hour of tow, location towed from, location towed to,
reason for towing and the name of the officer authorizing the tow.
The administrative official authorizing the towing shall further follow
the procedures for notification of record owner or other legally entitled
person, or if such person cannot be identified, procedures for
tracing vehicle ownership by the Illinois State Police as set forth in The
Illinois Vehicle Code and procedures for disposing of unclaimed vehicles
with or without notice.
(Source: P.A. 101-395, eff. 8-16-19.)
|
55 ILCS 5/5-12007
(55 ILCS 5/5-12007) (from Ch. 34, par. 5-12007)
Sec. 5-12007.
Zoning commission; proposed ordinance.
The county
board in counties which desire to exercise the powers conferred by this
Division shall provide for a zoning commission of
not less than 3 nor more than 9 members whose duty it shall be to
recommend the boundaries of districts and appropriate regulations to be
enforced therein, such commission to be appointed by the chairman or
president of the county board, subject to confirmation by the county
board. The members of the zoning commission shall be compensated on a
per diem basis with a mileage allowance for travel, the amounts to be
determined by the county board. Such commission shall prepare a
tentative report and a proposed zoning ordinance or resolution for the
entire county outside the limits of cities, villages and incorporated
towns which have in effect municipal zoning ordinances. After the
preparation of such tentative report and ordinance or resolution, the
commission shall hold hearings thereon and shall afford persons
interested an opportunity to be heard. A hearing shall be held in each
township or road district affected by the terms of such proposed
ordinance or resolution. Notice of each hearing shall be published at
least 15 days in advance thereof in a newspaper of general circulation
published in the township or road district in which such property is
located. If no newspaper is published in such township or road district,
then such notice shall be published in a newspaper of general
circulation published in the county and having circulation where such
property is located. Such notice shall state the time and place of the
hearing and the place where copies of the proposed ordinance or
resolution will be accessible for examination by interested parties.
Such hearings may be adjourned from time to time. If any municipality
having a zoning ordinance wishes to protest the proposed county zoning
provisions for the area within one and one-half miles of its corporate
limits, it shall appear at a hearing and submit in writing specific
proposals to the commission for zoning such territory. If the Board of
Trustees of any township located in a county with a population of less than
1,000,000 wishes to protest the proposed zoning of property in the
unincorporated area of the township, it shall appear at a hearing and
submit in writing specific proposals to the commission for zoning such
territory. If the commission approves of such proposals they shall be
incorporated within the report of the commission and its proposed ordinance.
Within 30 days after the final adjournment of such hearings the
commission shall make a final report and submit a proposed ordinance or
resolution to the county board. The county board may enact the
ordinance or resolution with or without change, or may refer it back to
the commission for further consideration. If a township located within
a county with a population of less than 600,000 has a plan commission
and the plan commission objects to the proposed zoning of property in the
unincorporated areas of the township, the township board of trustees may
submit its written objections to the county board within 30 days after the
submission of a proposed zoning ordinance or resolution by the County Zoning
Commission to the county board. In such case, the county board shall not
adopt zoning provisions which affect the unincorporated areas of the township,
except by the favorable vote of 3/4 of all the members of the county board.
If the proposals made by a municipality as provided above in this Section
are not incorporated in their entirety into the ordinance proposed to be
enacted by the county board, the county board shall not enact the proposed
zoning of such area within one and one-half miles of such municipality
except by a three-fourths vote of all members. The zoning commission shall
cease to exist, upon the adoption of a zoning ordinance or resolution for
such county.
In the preparation of its report and proposed zoning ordinance or
resolution the commission may incur such expenditures as shall be
authorized by the county board. The provisions of the amendatory Act of
1963 (Laws 1963, p. 297) shall apply only to the initial and original
proposed county zoning ordinance and shall not apply to any subsequent
amendments or revisions of such county zoning ordinance once adopted or to
the supplanting of such county zoning ordinance with an entirely new zoning
ordinance; provided, that any zoning ordinance or resolution heretofore
enacted which excludes municipalities subject to regulation shall be
amended or modified, in the manner hereinabove prescribed for original
enactment, to make provision to include any such municipality.
Appeals from final zoning decisions of the County Board must be filed
within one year unless a shorter filing period is required by another law.
(Source: P.A. 89-272, eff. 8-10-95.)
|
|
|
|