(65 ILCS 5/11-42-11.2) Sec. 11-42-11.2. Cable and video competition. (a) A person or entity seeking to provide cable service or video service in this State after June 30, 2007 (the effective date of Public Act 95-9)
shall either (1) obtain a State-issued authorization pursuant to Section 21-401
of the Public Utilities Act; (2) obtain authorization pursuant to Section 11-42-11 of the Illinois Municipal Code; or (3) obtain authorization pursuant to Section 5-1095 of the Counties Code. All providers offering or providing cable or video service in this State shall have authorization pursuant to either (i) the Cable and Video Competition Law of 2007; (ii) Section 11-42-11 of the Illinois Municipal Code; or (iii) Section 5-1095 of the Counties Code. (b) A person or entity seeking to provide cable service or video service in this State after June 30, 2007 (the effective date of Public Act 95-9)
shall not use the public rights-of-way for the installation or construction of facilities for the provision of cable service or video service or offer cable service or video service until it has (i) obtained a State-issued authorization to offer or provide cable or video service under Section 21-401
of the Public Utilities Act; (ii) obtained authorization under Section 11-42-11 of the Illinois Municipal Code; or (iii) obtained authorization under Section 5-1095 of the Counties Code. Nothing in this Section shall prohibit a local unit of government from granting a permit to a person or entity for the use of the public rights-of-way to install or construct facilities to provide cable service or video service, at its sole discretion. No unit of local government shall be liable for denial or delay of a permit prior to the issuance of a State-issued authorization. (c) For the purposes of subsection (e) of Section 11-42-11 of this Code, a State-issued authorization under
Article XXI of the Public Utilities Act shall be considered substantially equivalent in terms and conditions as an existing cable provider. (d) Nothing in
Article XXI of the Public Utilities Act shall constitute a basis for modification of an existing cable franchise or an injunction against or for the recovery of damages from a municipality pursuant to Section 11-42-11 because of an application for or the issuance of a State-issued authorization under
that Article XXI.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.) |
(65 ILCS 5/11-42-12) (from Ch. 24, par. 11-42-12)
Sec. 11-42-12.
The corporate authorities of each municipality may license
and regulate parking garages, lots and ramps. They may require that the
owner of a parking garage, lot or ramp post a bond in an amount established
by ordinance to assure the payment of any damages to vehicles while under
the control of a parking garage, lot or ramp. The words "parking garages,
lots and ramps" as herein used do not include private parking garages, lots
and ramps operated for the sole use of the owner, his employees, agents,
and customers.
(Source: Laws 1968, p. 515.)
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(65 ILCS 5/11-42-13) (from Ch. 24, par. 11-42-13)
Sec. 11-42-13.
The corporate authorities of each
municipality may require that an "arborist or tree expert", as defined in
this Section, be registered by the
municipality to do business
within that municipality. As used in this Section, "arborist or tree
expert" means any person who, for profit, diagnoses the
condition of shade or ornamental trees and shrubs and recommends or supervises the
treatment of any such trees, or in any manner treats any such trees, by
feeding or fertilizing, or by pruning, trimming, bracing, treating cavities
or other methods. However no municipality may charge a fee for such registration. Any
person acting within the scope of his or her employment with any public utility shall be
exempt from such registration. Any municipality which requires such
registration may exempt from such registration any person
acting within the scope of his or her employment with the municipality.
(Source: P.A. 85-854.)
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(65 ILCS 5/11-42-14) (from Ch. 24, par. 11-42-14)
Sec. 11-42-14.
Landscape waste.
The corporate authorities of a
municipality may register certain persons in the landscape maintenance
business or in the business of generating landscape waste as defined in
the Environmental Protection Act. No municipality may, however, charge a
fee for that registration.
A municipality that requires registration may exempt any person
acting within the scope of his or her employment with the municipality.
A person acting within the scope of his or her employment
with a public utility and a person who is an "applicator for hire" as
defined in the Lawn Care Products Application and Notice Act are
exempt from this Section.
(Source: P.A. 86-1470.)
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(65 ILCS 5/11-42-15) Sec. 11-42-15. Wind energy systems. For electric generating wind devices other than those with a nameplate generating capacity of less than 100 kilowatts that are used primarily by an end user, a municipality may prohibit any electric generating wind device from locating within its corporate limits, provided that the regulation is not inconsistent with another municipality's zoning regulation. This Section shall apply only to electric generating wind devices permitted after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-204, eff. 8-9-13.) |
(65 ILCS 5/11-42-16) Sec. 11-42-16. Household goods recycling bins. (a) Notwithstanding any other provision of law, any municipality may by ordinance require that all household goods recycling bins have a permanent, written, printed label affixed to the bin that is
prominently displayed and includes the following: (1) the name, address, and contact
information of the person or entity owning, operating, or maintaining that bin; and (2) whether the person or entity owning, operating, or maintaining the bin is a not for
profit entity or a for profit entity. (b) As used in this Section: "Household goods recycling bin" or "bin" means a container or
receptacle held out to the public as a place for people to discard clothes, shoes,
books, and other recyclable items until they are taken away for resale, re-use, recycling, or
redistribution by the person or entity that owns, operates, or maintains the bin. "Not for profit entity" means any entity that is officially recognized by the United States Internal Revenue Service as a tax-exempt entity described in Section 501(c)(3) of the Internal Revenue Code of 1986 (or any successor provision of federal tax law).
(Source: P.A. 98-1116, eff. 1-1-15.) |
(65 ILCS 5/11-42-17) Sec. 11-42-17. COVID-19 business relief; waiver of business fees, costs, and licensing. Notwithstanding any other provision of law, the corporate authorities of a municipality may, by resolution, waive or provide credit for any application or permit costs, fees or other licensing or registration costs for businesses, including, but not limited to, professional or business licensing, liquor licenses, construction, insurance, sales, builders, contractors, food service, delivery, repair, consultation, legal services, accounting, transportation, manufacturing, technology, assembly, tourism, entertainment, or any business, industry, or service the municipality is permitted by law to regulate or license. A waiver of business fees or costs shall be subject to an application or review process and a demonstration of need based upon any financial or logistical hardship as a result of the COVID 19 pandemic. Any such waiver or credit shall not be construed to apply to any of the business and licensing costs of the state or any of its agencies or departments and is not an exemption from safety, health, or regulatory requirements or inspections of a county, municipality, or the State.
(Source: P.A. 102-435, eff. 8-20-21.) |
(65 ILCS 5/Art. 11 Div. 42.1 heading) DIVISION 42.1.
PUBLIC CONTRACTS
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(65 ILCS 5/11-42.1-1) (from Ch. 24, par. 11-42.1-1)
Sec. 11-42.1-1.
(a) Except as provided otherwise in this Section, a
municipality may not enter into a contract or agreement with an individual
or other entity that is delinquent in the payment of any tax administered
by the Department of Revenue unless the individual or other entity is
contesting, in accordance with the procedures established by the
appropriate revenue Act, its liability for the tax or the amount of tax.
Before awarding a contract, the municipality shall obtain a statement under
oath from the individual or entity that no such taxes are delinquent.
Making a false statement is a Class A misdemeanor. In addition, making a
false statement voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in a civil
action. A municipality may not regulate contracts with individuals or
entities that are delinquent in payment of such taxes in a manner
inconsistent with this Section. This Section is a
limitation under subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule municipalities of
powers and functions exercised by the State.
(b) For purposes of this Section, a person or other entity shall not be
considered delinquent in the payment of a tax if the person or entity
(1) has entered into an agreement with the Department of Revenue for the
payment of all such taxes that are due and (2) is in compliance with the
agreement. In that case, the sworn statement required by subsection (a)
shall state those facts.
(c) Notwithstanding the provisions of subsection (a), a municipality may
enter into a contract with an individual or other entity that is delinquent
in the payment of a tax if the contracting authority for the municipality determines that:
(1) the contract is for goods or services vital to | ||
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(2) the municipality is unable to acquire the goods | ||
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(Source: P.A. 86-1039.)
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(65 ILCS 5/Art 11 prec Div 43 heading)
GENERAL ASSISTANCE
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(65 ILCS 5/Art. 11 Div. 43 heading) DIVISION 43.
GENERAL ASSISTANCE TAX
AND ADMINISTRATION
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(65 ILCS 5/11-43-1) (from Ch. 24, par. 11-43-1)
Sec. 11-43-1.
The corporate authorities of each municipality may levy taxes for and
provide general assistance for persons in need thereof as provided in "The
Illinois Public Aid Code" as now or hereafter amended, in municipalities of
500,000 or more inhabitants. The administration of general assistance in
any such municipality, including the expenditure of the proceeds of taxes
levied and to be levied by the municipality for such purpose, shall be
vested in the county department of public aid of the county in which such
municipality is located, as provided in "The Illinois Public Aid Code". Any
taxes levied or to be levied for such purpose in such municipalities may
also be used for the payment of warrants issued against and in anticipation
of such taxes and accrued interest thereon and for the payment of the cost
of administering such assistance.
(Source: P.A. 77-880.)
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(65 ILCS 5/11-43-2) (from Ch. 24, par. 11-43-2)
Sec. 11-43-2.
Taxes levied by any municipality having a population
of 500,000 or more for general assistance for persons in need thereof as
provided in The Illinois Public Aid Code, as now or hereafter amended,
for each fiscal year shall not exceed the rate of .10% upon the value of
all property therein as that property is equalized or assessed by the
Department of Revenue. Nor shall the rate produce in
excess of the amount needed in that municipality for general assistance
for persons in need thereof.
All money received from these taxes and moneys collected or recovered
by or in behalf of the municipality under The Illinois Public Aid Code
shall be used exclusively for the furnishing of general assistance
within the municipality; for the payment of administrative costs
thereof; and for the payment of warrants issued against and in
anticipation of the general assistance taxes, and accrued interest
thereon. Until January 1, 1974, the treasurer of the municipality, shall
pay all moneys received from general assistance taxes and all the moneys
collected or recovered by or in behalf of the municipality under The
Illinois Public Aid Code into the special fund in the county treasury
established pursuant to Section 12-21.14 of that Code. After December
31, 1973, but not later than June 30, 1979, the treasurer of the
municipality shall pay all moneys received from general assistance taxes
and collections or recoveries directly into the Special Purposes Trust
Fund (now known as the DHS Special Purposes Trust Fund) established by Section 12-10 of The Illinois Public Aid Code.
After June 30, 1979, moneys and funds designated by this Section shall
be paid into the General Revenue Fund as reimbursement for appropriated
funds disbursed.
Upon the filing with the county clerk of a certified copy of an
ordinance levying such taxes, the county clerk shall extend the taxes
upon the books of the collector of state and county taxes within that
municipality in the manner provided in Section 8-3-1 for the extension
of municipal taxes.
(Source: P.A. 99-933, eff. 1-27-17.)
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(65 ILCS 5/Art 11 prec Div 44 heading)
BOATS AND HARBORS
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(65 ILCS 5/Art. 11 Div. 44 heading) DIVISION 44.
BOATS AND HARBOR CONTROL
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(65 ILCS 5/11-44-1) (from Ch. 24, par. 11-44-1)
Sec. 11-44-1.
The corporate authorities of each municipality may regulate
public and private water-landing places, wharves, docks, canals, slips, and
levees.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-2) (from Ch. 24, par. 11-44-2)
Sec. 11-44-2.
The corporate authorities of each municipality may regulate
the anchorage and landing of all water craft and their cargoes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-3) (from Ch. 24, par. 11-44-3)
Sec. 11-44-3.
The corporate authorities of each municipality may license,
regulate, and prohibit water craft used about the harbor, or within the
jurisdiction.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-4) (from Ch. 24, par. 11-44-4)
Sec. 11-44-4.
The corporate authorities of each municipality may fix the
rate of wharfage and dockage.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-5) (from Ch. 24, par. 11-44-5)
Sec. 11-44-5.
The corporate authorities of each municipality may collect
wharfage and dockage from all water craft using any public landing place,
wharf, dock, or levee.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-6) (from Ch. 24, par. 11-44-6)
Sec. 11-44-6.
The corporate authorities of each municipality may regulate
the use of harbors, towing of vessels, and the opening and passing of
bridges.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-7) (from Ch. 24, par. 11-44-7)
Sec. 11-44-7.
The corporate authorities of each municipality may appoint
harbor masters and define their duties.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-8) (from Ch. 24, par. 11-44-8)
Sec. 11-44-8.
The powers conferred by Sections 11-44-1 through
11-44-7 shall be exercised in a manner not inconsistent with the
provisions of the "Boat Registration and Safety Act", as heretofore and
hereafter amended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 45 heading)
CULTURAL ACTIVITIES
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(65 ILCS 5/Art. 11 Div. 45 heading) DIVISION 45.
MUNICIPAL BAND
AND PERFORMING ARTS
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(65 ILCS 5/11-45-1) (from Ch. 24, par. 11-45-1)
Sec. 11-45-1.
Whenever a municipality with a population of less than 500,000 is
authorized as provided in this Division 45, the municipality may levy
each year a tax not exceeding .04% of the value of the taxable property
within the municipality, as equalized or assessed by the Department of
Revenue, for the maintenance or employment of a
municipal band for musical purposes or for the maintenance and conduct
of programs in the performing arts, or both.
This authority shall be initiated by a petition signed by electors
equal in number to 5% of the number of votes cast at the last preceding
regular municipal election. The petition shall be filed with the
municipal clerk and shall request that the question set forth in Section
11-45-2 be submitted to the electors.
However, municipalities authorized to levy this tax on July 1, 1967
shall have a rate limitation of .04% or the rate limitation in effect on
that date whichever is greater.
The foregoing limitations upon tax rates may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-45-2) (from Ch. 24, par. 11-45-2)
Sec. 11-45-2.
When such a petition is filed, the municipal clerk shall
certify the question for submission by the proper election authority to
the electors at an election in accordance with the general election law.
The question shall be in substantially the following form:
Shall a tax not exceeding ......% be levied each year on all taxable property in the YES ....... of ...... for the purpose of providing a fund for the maintenance or employment of a municipal band for musical purposes and/or for the maintenance, and conduct of NO programs in the performing arts?
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-45-3) (from Ch. 24, par. 11-45-3)
Sec. 11-45-3.
The levy shall be authorized if a majority of the votes cast on the
question are in favor of the levy. The corporate authorities shall then
levy a tax sufficient to maintain or employ such a band or to provide
for the maintenance and conduct of programs in the performing arts, or
both, but not exceeding .04% of the value of the taxable property within
the municipality, as equalized or assessed by the Department of Revenue,
and not exceeding the amount stated in the petition.
This annual tax shall be in addition to the amount authorized to be
levied for general purposes as provided by Section 8-3-1.
Except as provided in Section 11-45-4, all funds derived from this
levy shall be expended as provided in Section 11-45-1.
The foregoing limitation upon the rate of tax may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-45-4) (from Ch. 24, par. 11-45-4)
Sec. 11-45-4.
Whenever a 2 year period has elapsed during which a municipal
band or performing arts activities have not functioned and during the last
year of which the tax authorized by this Division 45 has not been levied,
the municipal authorities may pass an ordinance transferring the
unobligated balance in the band tax fund to the general corporate fund.
(Source: Laws 1967, p. 2339.)
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(65 ILCS 5/11-45-5) (from Ch. 24, par. 11-45-5)
Sec. 11-45-5.
A petition signed by electors equal in number to 5% of
the number of votes cast at the last preceding regular municipal
election may be filed at any time with the corporate authorities
requesting that the following question be submitted to the electors,
to wit: "Shall the power to levy a tax for the purpose of providing a
fund for the maintenance or employment of a municipal band for musical
purposes and/or for the maintenance and conduct of programs in the
performing arts be continued?" The municipal clerk shall certify
this question for submission by the proper election authority at an election
in accordance with the general election law. If a majority of the votes cast on
the question are opposed to such continuation, no further levy for that
purpose shall be made.
(Source: P.A. 81-1489.)
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