(720 ILCS 5/Art. 47 heading) ARTICLE 47.
NUISANCE
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(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.)
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(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.)
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(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. Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(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. 100-512, eff. 7-1-18.)
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(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.)
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(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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(720 ILCS 5/Art. 48 heading) ARTICLE 48. ANIMALS
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/48-1)
(was 720 ILCS 5/26-5)
Sec. 48-1. Dog fighting. (For other provisions that may apply to dog
fighting, see the Humane Care for Animals Act. For provisions similar to this
Section that apply to animals other than dogs, see in particular Section 4.01
of the Humane Care for Animals Act.)
(a) No person may own, capture, breed, train, or lease any
dog which he or she knows is intended for use in any
show, exhibition, program, or other activity featuring or otherwise
involving a fight between the dog and any other animal or human, or the
intentional killing of any dog for the purpose of sport, wagering, or
entertainment.
(b) No person may promote, conduct, carry on, advertise,
collect money for or in any other manner assist or aid in the
presentation for purposes of sport, wagering, or entertainment of
any show, exhibition, program, or other activity involving
a fight between 2 or more dogs or any dog and human,
or the intentional killing of any dog.
(c) No person may sell or offer for sale, ship, transport,
or otherwise move, or deliver or receive any dog which he or she
knows has been captured, bred, or trained, or will be used,
to fight another dog or human or be intentionally killed for
purposes of sport, wagering, or entertainment.
(c-5) No person may solicit a minor to violate this Section.
(d) No person may manufacture for sale, shipment, transportation,
or delivery any device or equipment which he or she knows or should know
is intended for use in any show, exhibition, program, or other activity
featuring or otherwise involving a fight between 2 or more dogs, or any
human and dog, or the intentional killing of any dog for purposes of
sport, wagering, or entertainment.
(e) No person may own, possess, sell or offer for sale, ship,
transport, or otherwise move any equipment or device which he or she
knows or should know is intended for use in connection with any show,
exhibition, program, or activity featuring or otherwise involving a fight
between 2 or more dogs, or any dog and human, or the intentional
killing of any dog for purposes of sport, wagering or entertainment.
(f) No person may knowingly make available any site, structure, or
facility, whether enclosed or not, that he or she knows is intended to be
used for the purpose of conducting any show, exhibition, program, or other
activity involving a fight between 2 or more dogs, or any dog and human, or the
intentional killing of any dog or knowingly manufacture, distribute, or
deliver fittings to be used in a fight between 2 or more dogs or a dog and
human.
(g) No person may knowingly attend or otherwise patronize any show, exhibition,
program, or other activity featuring or otherwise involving a fight between
2 or more dogs, or any dog and human, or the intentional killing of
any dog for purposes of sport, wagering, or entertainment.
(h) No person may tie or attach or fasten any live animal to any
machine or device propelled by any power for the purpose of causing the
animal to be pursued by a dog or dogs. This subsection (h) applies only
when the dog is intended to be used in a dog fight.
(i) Sentence.
(1) Any person convicted of violating subsection (a), | ||
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(1.5) A person who knowingly owns a dog for fighting | ||
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(i) the dogfight is performed in the presence of | ||
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(ii) the dogfight is performed for the purpose of | ||
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(iii) the dogfight is performed in furtherance of | ||
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(1.7) A person convicted of violating subsection | ||
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(2) Any person convicted of violating subsection (d) | ||
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(2.5) Any person convicted of violating subsection | ||
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(3) Any person convicted of violating subsection (g) | ||
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(i-5) A person who commits a felony violation of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. (j) Any dog or equipment involved in a violation of this Section shall
be immediately seized and impounded under Section 12 of the Humane Care for
Animals Act when located at any show, exhibition, program, or other activity
featuring or otherwise involving a dog fight for the purposes of sport,
wagering, or entertainment.
(k) Any vehicle or conveyance other than a common carrier that is used
in violation of this Section shall be seized, held, and offered for sale at
public auction by the sheriff's department of the proper jurisdiction, and
the proceeds from the sale shall be remitted to the general fund of the
county where the violation took place.
(l) Any veterinarian in this State who is presented with a dog for treatment
of injuries or wounds resulting from fighting where there is a reasonable
possibility that the dog was engaged in or utilized for a fighting event for
the purposes of sport, wagering, or entertainment shall file a report with the
Department of Agriculture and cooperate by furnishing the owners' names, dates,
and descriptions of the dog or dogs involved. Any veterinarian who in good
faith complies with the requirements of this subsection has immunity from any
liability, civil, criminal, or otherwise, that may result from his or her
actions. For the purposes of any proceedings, civil or criminal, the good
faith of the veterinarian shall be rebuttably presumed.
(m) In addition to any other penalty provided by law, upon conviction for
violating this Section, the court may order that the convicted person and
persons dwelling in the same household as the convicted person who conspired,
aided, or abetted in the unlawful act that was the basis of the conviction,
or who knew or should have known of the unlawful act, may not own, harbor, or
have custody or control of any dog or other animal for a period of time that
the court deems reasonable.
(n) A violation of subsection (a) of this Section may be inferred from evidence that the accused possessed any device or equipment described in subsection (d), (e), or (h) of this Section, and also possessed any dog.
(o) When no longer required for investigations or court proceedings relating to the events described or depicted therein, evidence relating to convictions for violations of this Section shall be retained and made available for use in training peace officers in detecting and identifying violations of this Section. Such evidence shall be made available upon request to other law enforcement agencies and to schools certified under the Illinois Police Training Act.
(p) For the purposes of this Section, "school" has the meaning ascribed to it in Section 11-9.3 of this Code; and "public park", "playground", "child care institution", "day care center", "part day child care facility", "day care home", "group day care home", and "facility providing programs or services
exclusively directed toward persons under 18 years of age" have the meanings ascribed to them in Section 11-9.4 of this Code. (Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff. 1-1-13.)
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(720 ILCS 5/48-2) Sec. 48-2. Animal research and production facilities protection. (a) Definitions. "Animal" means every living creature, domestic or | ||
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"Animal facility" means any facility engaging in | ||
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"Director" means the Director of the Illinois | ||
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(b) Legislative Declaration. There has been an increasing number of illegal acts committed
against animal research and production facilities involving
injury or loss of life to humans or animals, criminal
trespass and damage to property. These actions not only abridge the
property rights of the owner of the facility, they may also damage the
public interest by jeopardizing crucial scientific, biomedical, or
agricultural research or production. These actions can also
threaten the public safety by possibly exposing communities to serious
public health concerns and creating traffic hazards. These actions may
substantially disrupt or damage publicly funded research and
can result in the potential loss of physical and intellectual property.
Therefore, it is in the interest of the people of the State of Illinois to
protect the welfare of humans and animals as well as productive use of
public funds to require regulation to prevent unauthorized possession,
alteration, destruction, or transportation of research records, test data,
research materials, equipment, research and agricultural production animals. (c) It shall be unlawful for any person: (1) to release, steal, or otherwise intentionally | ||
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(2) to damage, vandalize, or steal any property in or | ||
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(3) to obtain access to an animal facility by false | ||
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(4) to enter into an animal facility with an intent | ||
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(5) by theft or deception knowingly to obtain control | ||
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(6) to enter or remain on an animal facility with the | ||
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(d) Sentence. (1) Any person who violates any provision of | ||
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(2) If the loss, theft, or damage to the animal | ||
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(3) If the loss, theft, or damage to the animal | ||
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(4) If the loss, theft, or damage to the animal | ||
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(5) Any person who, with the intent that any | ||
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(6) Restitution. (A) The court shall conduct a hearing to | ||
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(B) Any persons convicted of a violation shall be | ||
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(e) Private right of action. Nothing in this Section shall preclude
any animal facility injured in its business or property by a violation of
this Section from seeking appropriate relief under any other provision of law
or remedy including the issuance of a permanent injunction against any
person who violates any provision of this Section. The animal facility owner
or operator may petition the court to permanently enjoin the person from
violating this Section and the court shall provide this relief. (f) The Director shall have authority to investigate any alleged
violation of this Section, along with any other law enforcement agency, and may
take any action within the Director's authority necessary for the
enforcement of this Section. State's Attorneys, State police and other law
enforcement officials shall provide any assistance required in the conduct
of an investigation and prosecution. Before the Director reports a
violation for prosecution he or she may give the owner or operator of the
animal facility and the alleged violator an opportunity to present his or
her views at an administrative hearing. The Director may adopt any rules and regulations necessary
for the enforcement of this Section.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/48-3) Sec. 48-3. Hunter or fisherman interference. (a) Definitions. As used in this Section: "Aquatic life" means all fish, reptiles, amphibians, | ||
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"Interfere with" means to take any action that | ||
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"Taking" means the capture or killing of wildlife or | ||
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"Wildlife" means any wildlife the taking of which is | ||
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(b) A person commits hunter or fisherman interference when he or she intentionally or knowingly: (1) obstructs or interferes with the lawful taking of | ||
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(2) drives or disturbs wildlife or aquatic life for | ||
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(3) blocks, impedes, or physically harasses another | ||
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(4) uses natural or artificial visual, aural, | ||
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(5) erects barriers with the intent to deny ingress | ||
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(6) intentionally interjects himself or herself into | ||
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(7) affects the physical condition or placement of | ||
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(8) enters or remains upon or over private lands | ||
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(9) fails to obey the order of a peace officer to | ||
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(10) uses a drone in a way that interferes with | ||
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(c) Exemptions; defenses. (1) This Section does not apply to actions performed | ||
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(2) This Section does not apply to landowners, | ||
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(3) It is an affirmative defense to a prosecution for | ||
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(4) Any interested parties may engage in protests or | ||
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(d) Sentence. A first violation of paragraphs (1) through (8) of subsection (b) is a Class B misdemeanor. A second or subsequent violation of
paragraphs (1) through (8) of subsection (b) is a Class A misdemeanor for which imprisonment for not less than 7 days shall be imposed. A
person guilty of a second or subsequent violation of paragraphs (1) through (8) of subsection (b) is not
eligible for court
supervision. A violation of paragraph (9) or (10) of subsection (b) is a Class A misdemeanor. A court shall revoke, for a period of one year to 5 years, any Illinois
hunting, fishing, or trapping privilege, license or permit of any person
convicted of violating any provision of this Section. For
purposes of this subsection, a "second or subsequent violation" means a conviction
under paragraphs (1) through (8) of subsection (b) of this Section within 2 years of a prior violation arising from a separate set
of circumstances. (e) Injunctions; damages. (1) Any court may enjoin conduct which would be in | ||
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(2) A court shall award all resulting costs and | ||
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(Source: P.A. 97-1108, eff. 1-1-13; 98-402, eff. 8-16-13.) |
(720 ILCS 5/48-4) Sec. 48-4. Obtaining certificate of registration by false pretenses. (a) A person commits obtaining certificate of registration by false pretenses when he or she, by any false pretense, obtains from any club,
association, society or company for improving the breed of cattle, horses,
sheep, swine, or other domestic animals, a certificate of registration of
any animal in the herd register, or other register of any club,
association, society or company, or a transfer of the registration. (b) A person commits obtaining certificate of registration by false pretenses when he or she knowingly gives a false pedigree of any animal. (c) Sentence. Obtaining certificate of registration by false pretenses is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |