Illinois Compiled Statutes
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CRIMINAL OFFENSES720 ILCS 5/Art. 47
(720 ILCS 5/) Criminal Code of 2012.
(720 ILCS 5/Art. 47 heading)
720 ILCS 5/47-5
(720 ILCS 5/47-5)
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
(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
(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
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
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
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,
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
(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
(720 ILCS 5/47-10)
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
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
(720 ILCS 5/47-15)
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
(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
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
(Source: P.A. 90-655, eff. 7-30-98; 91-409, eff. 1-1-00.)
720 ILCS 5/47-20
(720 ILCS 5/47-20)
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
(720 ILCS 5/47-25)
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
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
(Source: P.A. 89-234, eff. 1-1-96.)