(65 ILCS 5/11-5-5) (from Ch. 24, par. 11-5-5)
Sec. 11-5-5.
The corporate authorities of each municipality may prohibit
the parking of motor vehicles on private property without the consent of
the owner of the private property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-5-6) (from Ch. 24, par. 11-5-6)
Sec. 11-5-6.
The corporate authorities of each municipality may prohibit
cruelty to animals.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-5-7) (from Ch. 24, par. 11-5-7)
Sec. 11-5-7.
The corporate authorities of each municipality may license and
regulate and establish standards for the operation of ambulances. The
corporate authorities of each municipality may either contract for the
operation of or operate ambulances as a municipal service and may make
reasonable charges therefor and, in addition, may levy a tax for such
purpose not to exceed .015% of the value, as equalized or assessed by
the Department of Revenue, of all the taxable property
in the municipality if the question of such tax has been submitted to
the electors of the municipality and approved by a majority of those
voting on the question. The corporate authorities of any municipality
which has approved by referendum a tax of not to exceed .015% of the
value, as equalized or assessed by the Department of Revenue, of all the
taxable property in the municipality, may cause to
be submitted to
the electors of the municipality the question of increasing the said tax
to not to exceed .25% of the value, as equalized or assessed by the
Department of Revenue, of all the taxable property in
the municipality. The corporate authorities of any municipality which
has not approved by referendum a tax of not to exceed .015% of the
value, as equalized or assessed by the Department of Revenue, of all the
taxable property in the municipality, may cause to
be submitted to
the electors of the municipality the question of adopting a tax at a
rate not to exceed .25% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property in the
municipality. Such question shall be certified by the clerk and submitted
by the proper election authority at an election in accordance with the general
election law. The tax
authorized in this Section shall be in addition to and in
excess of the amount authorized to be levied for general purposes by
Section 8-3-1 of this Code.
This amendatory Act of 1971 does not apply to any municipality which
is a home rule unit.
This amendatory Act of 1972 does not apply to any municipality which
is a home rule unit.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-5-7.1) (from Ch. 24, par. 11-5-7.1)
Sec. 11-5-7.1.
The corporate authorities of any municipality which:
(1)
has a population between 10,000 and 45,000 and
lies within 2 counties with
respective populations between 400,000 and 575,000 and between 900,000 and
1,000,000; or (2) has a population between 9,000
and 25,000 and lies within a
single county with a population between 400,000 and 575,000, may levy an
annual tax at a rate not exceeding .095% of the value, as equalized and
assessed by the Department of Revenue, of all taxable property therein, for
the purpose of providing ambulance services pursuant to an intergovernmental
cooperation agreement with any other unit of local government. However,
no tax may be levied pursuant to this Section with respect to any property
which is subject to any other tax levied for the purpose of providing ambulance
services.
(Source: P.A. 92-662, eff. 7-16-02.)
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(65 ILCS 5/11-5-7.2)
Sec. 11-5-7.2.
Emergency medical services outside corporate limits.
A
municipality
may choose to provide emergency medical services on property outside its
corporate
limits. The corporate authorities of each municipality may fix, charge, and
collect
emergency medical service fees not exceeding the actual cost of the service for
all
emergency medical services rendered by the municipality against persons,
businesses,
and other entities that are not residents of the municipality. An additional
charge
may be levied to reimburse the municipality for extraordinary expenses of
materials used in rendering the services. Nothing in this Section shall impact
any
agreement entered into by a municipality and persons, businesses, and other
entities that are not residents of the municipality. Nothing in this Section
shall
require a municipality to supply any emergency medical services on property
located
outside the corporate limits of the municipality.
(Source: P.A. 93-304, eff. 7-23-03.)
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(65 ILCS 5/11-5-8) (from Ch. 24, par. 11-5-8)
Sec. 11-5-8.
The corporate authorities of each municipality may regulate mobile
homes, house trailers or similar portable structures used or so constructed
as to permit their being used as a dwelling place for one or more persons.
The corporate authorities may also locate or prohibit such structures which
are not within the confines of a mobile home park as authorized by law.
This amendatory Act of 1971 does not apply to any municipality which is a
home rule unit.
(Source: P.A. 77-1849.)
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(65 ILCS 5/11-5-9) Sec. 11-5-9. Truants. The corporate authorities of any municipality may adopt ordinances to regulate truants within its jurisdiction. These ordinances may include a graduated fine schedule for repeat violations, which may not exceed $100, or community service, or both, for violators 13 years of age or older and may provide for enforcement by citation or through administrative hearings as determined by ordinance. If the violator is under 13 years of age, the parent or custodian of the violator is subject to the fine or community service, or both. As used in this Section, "truants" means persons who are within the definition of "truant" in Section 26-2a of the School Code. Local officials or authorities that enforce, prosecute, or adjudicate municipal ordinances adopted under this Section or that work with school districts to address truancy problems are designated as (i) part of the juvenile justice system, established by the Juvenile Court Act of 1987, and (ii) "juvenile authorities" within the definition set forth in subsection (a)(6.5) of Section 10-6 of the Illinois School Student Record Act. Because truancy is a gateway to crime and one of the most powerful predictors of juvenile delinquent behavior, a school district may disclose education records relating to attendance to juvenile authorities if the school district determines that the disclosure will enhance the juvenile justice system's ability to effectively serve, prior to adjudication, the student whose records are released. Enforcement of a municipal ordinance adopted under this Section is pre-adjudicatory because it helps minors avoid adjudicatory hearings under the Juvenile Court Act of 1987. A school district may make a disclosure authorized under this Section only if the juvenile authority certifies in writing to the school district that the information will not be disclosed, without prior written consent of the parent or custodian of the student, to any other individual or entity, except as otherwise provided under State law. A home rule unit may not regulate truants in a manner inconsistent with the provisions of 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 units of the powers and functions exercised by the State.
(Source: P.A. 94-1011, eff. 7-7-06; 95-1016, eff. 6-1-09.) |
(65 ILCS 5/11-5-10) Sec. 11-5-10. Sound devices. The corporate authorities of a municipality may, by ordinance, regulate sound devices. For the purposes of this Section, "sound devices" means any radio, tape recorder, cassette player, or any other device for receiving broadcast sound or reproducing recorded sound.
(Source: P.A. 97-115, eff. 1-1-12.) |
(65 ILCS 5/11-5-11) Sec. 11-5-11. Portable audiovisual rigging at special events. (a) In municipalities that require permits for special events, no person may perform, or employ, direct or allow a person to perform, portable audiovisual rigging at a permitted special event unless the person performing such work holds a valid rigging certification from the Entertainment Technician Certification Program operated by the Entertainment Services and Technology Association. (b) As used in this Section: "Portable audiovisual rigging" means the temporary installation or operation of portable mechanical rigging and static rigging for the overhead suspension of portable audiovisual equipment, including, but not limited to: audio, video, lighting, backdrops, scenery, and other effects at a special event. "Portable audiovisual rigging" does not include freight handling or the transportation of heavy equipment. "Special event" means a planned temporary aggregation of attractions, including, but not limited to, public entertainment, food and beverage service facilities, sales of souvenirs or other merchandise, or similar attractions, that is: (1) conducted on the public way; or (2) conducted primarily outdoors on property open to | ||
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(A) includes activities that require the | ||
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(B) requires special municipal services, | ||
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"Special event" does not include a parade or athletic event for which a separate permit is required, a neighborhood block party at which no food, beverages, or merchandise are sold; indoor or outdoor events taking place on properties owned by the Metropolitan Pier and Exposition Authority; indoor or outdoor events taking place on hotel or convention center property in the State; a citywide festival conducted under an intergovernmental agreement authorized by ordinance; a motion picture, film, or television production; the installation of tents; or hangings of banners. (c) A home rule municipality may not regulate portable audiovisual rigging 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 units of powers and functions exercised by the State.
(Source: P.A. 102-32, eff. 6-25-21.) |
(65 ILCS 5/Art. 11 Div. 5.1 heading) DIVISION 5.1.
COORDINATOR OF FEDERAL AND STATE AID
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(65 ILCS 5/11-5.1-1) (from Ch. 24, par. 11-5.1-1)
Sec. 11-5.1-1.
The corporate authorities of any city, village, or incorporated town may
create the office of Coordinator of Federal and State Aid reporting to the
corporate authorities and assisting the corporate authorities with
development programs for which State or Federal funds are or may be
available and in the application for such funds. Any corporate authorities
choosing to establish such an office may provide for the compensation and
expenses of the person appointed as coordinator and such additional office
space as the board finds necessary.
(Source: Laws 1967, p. 3223.)
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(65 ILCS 5/11-5.1-2) Sec. 11-5.1-2. Military equipment surplus program. (a) For purposes of this Section: "Bayonet" means large knives designed to be attached to the
muzzle of a rifle, shotgun, or long gun for the purposes of
hand-to-hand combat. "Grenade launcher" means a firearm or firearm accessory
used to launch fragmentary explosive rounds designed to inflict death or cause great bodily harm. "Military equipment surplus program" means any federal or state program allowing a law enforcement agency to obtain
surplus military equipment, including, but not limited to, any
program organized under Section 1122 of the National Defense
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
Section 1033 of the National Defense Authorization Act for
Fiscal Year 1997 (Pub. L. 104-201) or any program established
by the United States Department of Defense under 10 U.S.C.
2576a. "Tracked armored vehicle" means a vehicle that provides
ballistic protection to its occupants and utilizes a tracked
system instead of wheels for forward motion not including vehicles listed in the Authorized Equipment List as published by the Federal Emergency Management Agency. "Weaponized aircraft, vessels, or vehicles" means any
aircraft, vessel, or vehicle with weapons installed. (b) A police department shall not request or receive from
any military equipment surplus program nor purchase or
otherwise utilize the following equipment: (1) tracked armored vehicles; (2) weaponized aircraft, vessels, or vehicles; (3) firearms of .50-caliber or higher; (4) ammunition of .50-caliber or higher; (5) grenade launchers, grenades, or similar | ||
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(6) bayonets. (c) A home rule municipality may not regulate the
acquisition of equipment 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. (d) If a police department requests other property not prohibited from a military equipment surplus
program, the police department shall publish notice of the
request on a publicly accessible website maintained by the
police department or the municipality within 14 days after the
request.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21.) |
(65 ILCS 5/Art. 11 Div. 5.2 heading) DIVISION 5.2.
GRANTS TO COMMUNITY ACTION AGENCIES
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(65 ILCS 5/11-5.2-1) (from Ch. 24, par. 11-5.2-1)
Sec. 11-5.2-1.
The corporate authorities of any municipality may make grants to
Community Action Agencies which serve residents within the municipality
from funds received by the municipality pursuant to the "State and Local
Fiscal Assistance Act of 1972". Community Action Agencies are defined as
in Part A of Title II of the Federal Economic Opportunity Act of 1964,
as amended.
(Source: P.A. 80-863.)
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(65 ILCS 5/11-5.2-2) (from Ch. 24, par. 11-5.2-2)
Sec. 11-5.2-2.
The corporate authorities of any municipality may provide
for the establishment or maintenance, or may enter into contractual agreements
with other townships, municipalities or counties for the establishment or
maintenance of youth service bureaus, or may enter into contractual
agreements with established youth service bureaus, public or private,
serving the general area of the municipality. Such agreements shall be
written and shall provide for services to residents of the municipality
under 18 years of age, but agencies providing such services to adults in
addition to youths may qualify as youth service bureaus. "Youth service
bureau" means any public or private agency providing, or arranging for the
provision of, assistance to persons referred to such bureau by law
enforcement officials, court agencies and other agencies and individuals
with the intention of diverting such persons from formal processes of the
court. However, this Section shall not be construed to amend, modify or
have any effect on the Juvenile Court Act of 1987, as amended. For the
purposes of this Section, corporate
authorities are authorized to expend moneys not appropriated for other
purposes, including funds made available from the federal "State and Local
Fiscal Assistance Act of 1972". This Section shall not constitute a
limitation on or a prohibition of the exercise of powers of a home rule
municipality.
(Source: P.A. 85-1209.)
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(65 ILCS 5/11-5.2-3) (from Ch. 24, par. 11-5.2-3)
Sec. 11-5.2-3.
The corporate authorities of a municipality annually
may appropriate funds to private nonprofit organizations for the purpose
of providing services to runaway or homeless youths and their families.
Such services may include temporary shelter, food, clothing, medical care,
transportation, individual and family counseling, and any other service
necessary to provide adequate temporary, protective care for runaway or
homeless youths, and to reunite the youths with their parents or guardians.
For the purposes of this Section, "runaway or homeless youth" means a person
under the age of 18 years who is absent from his legal residence without
the consent of his parent or legal guardian, or who is without a place of
shelter where supervision and care are available.
(Source: P.A. 83-1284.)
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(65 ILCS 5/11-5.2-4) (from Ch. 24, par. 11-5.2-4)
Sec. 11-5.2-4.
The corporate authorities of any
municipality may enter into cooperative agreements with any other
governmental entity or any nonprofit community service association with
respect to the expenditure of municipal funds, or funds made available to
the municipality under the State and Local Fiscal Assistance Act of 1972,
in order to provide senior centers, transportation and social services for
the poor and aged.
(Source: P.A. 84-832.)
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(65 ILCS 5/Art. 11 Div. 5.3 heading) DIVISION 5.3.
EMERGENCY TELEPHONE SYSTEMS
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(65 ILCS 5/11-5.3-1) (from Ch. 24, par. 11-5.3-1)
Sec. 11-5.3-1.
The corporate authorities of any municipality may
exercise the powers granted to municipalities under the Emergency
Telephone System Act.
(Source: P.A. 85-978.)
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(65 ILCS 5/Art 11 prec Div 6 heading)
FIRE PROTECTION
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(65 ILCS 5/Art. 11 Div. 6 heading) DIVISION 6.
FIRE DEPARTMENTS AND PROTECTION
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(65 ILCS 5/11-6-1) (from Ch. 24, par. 11-6-1)
Sec. 11-6-1.
The corporate authorities of each municipality may provide and
operate fire stations, and all material and equipment that is needed for
the prevention and extinguishment of fires, and may enter into contracts or
agreements with other municipalities and fire protection districts for
mutual aid consisting of furnishing equipment and man power from and to
such other municipalities and fire protection districts.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-6-1.1)
Sec. 11-6-1.1.
Firefighting services outside corporate limits.
A
municipality
may choose to provide firefighting services to property outside its corporate
limits. The corporate authorities of each municipality may fix, charge, and
collect
firefighting service fees not exceeding the actual cost of the service for all
firefighting services rendered by the municipality against persons, businesses,
and other entities that are not residents of the municipality. An additional
charge
may be levied to reimburse the municipality for extraordinary expenses of
materials used in rendering the services. Nothing in this Section shall impact
any
agreement entered into by a municipality and persons, businesses, and other
entities that are not residents of the municipality. Nothing in this Section
shall
require a municipality to supply any firefighting services to property located
outside the corporate limits of the municipality.
(Source: P.A. 93-304, eff. 7-23-03.)
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(65 ILCS 5/11-6-2) (from Ch. 24, par. 11-6-2)
Sec. 11-6-2.
The corporate authorities of each municipality may contract
with fire protection districts organized under "An Act to create Fire
Protection Districts," approved July 8, 1927, as now or hereafter amended,
which are adjacent to the municipality, for the furnishing of fire
protection service for property located within the districts but outside
the limits of the municipality, and may supply fire protection service to
the owners of property which lies outside the limits of the municipality
and may set up by ordinance a scale of charges therefor. The
corporate
authorities of any municipality shall provide fire protection service for
public school buildings situated outside the municipality in accordance
with Section 16-10 of "The School Code".
(Source: P.A. 90-655, eff. 7-30-98.)
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(65 ILCS 5/11-6-3) (from Ch. 24, par. 11-6-3)
Sec. 11-6-3.
The corporate authorities of a municipality may contract with
the Board of Governors of State Colleges and Universities or the Board of
Regents of Regency Universities to provide fire protection to any
university under the jurisdiction of the respective Board and located, in
whole or in part, within the municipality. Such contract shall be as
specified by Section 9 of "An Act to provide for the management, operation,
control and maintenance of the State Colleges and Universities System",
approved July 2, 1951, as heretofore or hereafter amended, or paragraph (j)
of Section 8 of "An Act providing for the management, operation, control
and maintenance of the Regency Universities System", approved May 11, 1967,
as the case may be.
(Source: P.A. 76-825.)
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(65 ILCS 5/11-6-4) (from Ch. 24, par. 11-6-4)
Sec. 11-6-4.
The corporate authorities of any municipality may contract with the
board of any public community college district to reimburse
the municipality for any
additional costs for fire protection service, including equipment,
apparatus, or firemen occasioned by the presence of any public community college
building within the municipality.
(Source: P.A. 82-622.)
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(65 ILCS 5/11-6-5) Sec. 11-6-5. Reimbursement for specialized rescue services. The corporate authorities of a municipality that operates a fire department may fix, charge, and collect reasonable fees for specialized rescue services provided by the department. The total amount collected may not exceed the reasonable cost of providing those specialized rescue services and may not, in any event, exceed $125
per hour per vehicle and $35 per hour per firefighter. The fee may be charged to any of the following parties, but only after there has been a finding of fault against that party by the Occupational Safety and Health Administration or the Illinois Department of Labor: (a) the owner of the property on which the | ||
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(b) any person involved in an activity that caused or | ||
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(c) an individual who is rescued during the emergency | ||
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(d) in cases involving the recovery of property, any | ||
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For the purposes of this Section, the term "specialized rescue services" includes, but is not limited to, structural collapse, tactical rescue, high angle rescue, underwater rescue and recovery, confined space rescue, below grade rescue, and trench rescue.
(Source: P.A. 95-497, eff. 1-1-08.) |
(65 ILCS 5/11-6-6) Sec. 11-6-6. Technical rescue services. The corporate authorities of a municipality that operates a fire department may fix, charge, and collect reasonable fees for technical rescue services provided by the department. The total amount collected may not exceed the reasonable cost of providing the technical rescue services and may include charges for personnel and equipment costs.
(Source: P.A. 95-867, eff. 1-1-09.) |
(65 ILCS 5/11-6-7) Sec. 11-6-7. (Repealed).
(Source: P.A. 97-322, eff. 8-12-11. Repealed internally, eff. 6-30-12.) |
(65 ILCS 5/11-6-8) Sec. 11-6-8. Notification of sale of or changes to private or semi-private water systems. (a) For purposes of this Section, "private water system" and "semi-private water system" shall have the meanings ascribed to them in subsection (a) of Section 9 of the Illinois Groundwater Protection Act. (b) A municipality that provides and operates fire stations or otherwise provides firefighting services shall receive notice of the sale of a private water system or semi-private water system from the individuals or entities selling and purchasing the water system. The notice to the municipality shall include the status and capacity of the water system and the ability of the water system to be used for fire protection. (c) A municipality that provides and operates fire stations or otherwise provides firefighting services shall also receive notice from the owner of a private water system or semi-private water system if there are any changes to the water system that would affect fire protection services to areas served by the water system.
(Source: P.A. 99-487, eff. 11-20-15.) |
(65 ILCS 5/11-6-9) Sec. 11-6-9. Purchase of tires under joint purchasing authority. (a) As used in this Section: "Vehicle" has the meaning provided in Section 1-146 of the Illinois Vehicle Code. "Volunteer firefighter" means a firefighter who does not receive monetary compensation for his or her services to a municipal fire department. (b) If authorized by the fire chief of the fire department, any regularly enrolled volunteer firefighter may purchase 4 vehicle tires every 3 years through his or her fire department's or municipality's contract to purchase vehicle tires under Section 2 of the Governmental Joint Purchasing Act. The authorization must be in writing and on the fire department's letterhead, and must include the volunteer firefighter's name, the license plate number of the vehicle for the authorized purchase, and must reference the fire department's or municipality's joint purchasing agreement. (c) The fire department or municipality shall alone be responsible for documenting how many tires each volunteer firefighter purchases during the specified periods under this Section. (d) The firefighter shall pay for any tires, and any related taxes, purchased under this Section. (e) Purchase of tires under this Section are not considered tax exempt. (f) This Section applies to contracts first solicited under Section 4 of the Governmental Joint Purchasing Act on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-471, eff. 9-8-17.) |
(65 ILCS 5/11-6-10) Sec. 11-6-10. Reimbursement of volunteer fire protection assistance. (a) Municipalities may fix, charge, and collect fees not exceeding the reasonable cost of the service for all services rendered by a volunteer municipal fire department or a volunteer firefighter of any municipal fire department for persons, businesses, and other entities who are not residents of the municipality. (b) The charge for any fees under subsection (a) shall be computed at a rate not to exceed $250 per hour and not to exceed $70 per hour per firefighter responding to a call for assistance. An additional charge may be levied to reimburse the district for extraordinary expenses of materials used in rendering such services. No charge shall be made for services for which the total amount would be less than $50. (c) All revenue from the fees assessed pursuant to this Section shall be deposited into the general fund of the municipality. (d) Nothing in this Section shall allow a fee to be fixed, charged, or collected that is not allowed under any contract that a fire department has entered into with another entity, including, but not limited to, a fire protection district.
(Source: P.A. 99-770, eff. 8-12-16; 100-201, eff. 8-18-17.) |
(65 ILCS 5/11-6-11) Sec. 11-6-11. Mental health specialists; fire. The
corporate authorities of each municipality which has
established firefighting services shall ensure
that mental health resources, including counselors or therapists,
are available to that fire department's employees, whether through
direct employment by that department, contract employment,
or other means.
(Source: P.A. 101-375, eff. 8-16-19.) |
(65 ILCS 5/Art. 11 Div. 7 heading) DIVISION 7.
FIRE PROTECTION TAX--CITIES AND VILLAGES OF LESS THAN 500,000
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(65 ILCS 5/11-7-1) (from Ch. 24, par. 11-7-1)
Sec. 11-7-1.
The corporate authorities of any city or village containing
less than 500,000 inhabitants may levy, annually, a tax not to exceed .075%
of the value, as equalized or assessed by the Department of Revenue, of
all taxable property therein, to provide revenue for the purpose of fire
protection in the municipality. However, municipalities authorized to levy
this tax on July 1, 1967 shall have a rate limit of .15%, or the limit in
effect on July 31, 1969, whichever is greater. This tax shall be in addition
to and in excess of all taxes authorized by law to be levied and collected
in that municipality and shall be in addition to and in excess of the amount
authorized to be levied for general purposes as provided by Section 8-3-1.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-7-3) (from Ch. 24, par. 11-7-3)
Sec. 11-7-3.
In any municipality which is authorized to levy a tax
under Section 11-7-1 of this Division 7, the tax rate limit so
authorized may be increased to not to exceed .40%, or beginning in taxable
year 2000, .60%, of the value of all
the taxable property in such municipality, provided the proposition for
such tax rate increase has been submitted to the electors of that
municipality and approved by a majority of those voting on the question.
The referendum authorized by the terms of this section may be ordered by
the corporate authorities, the question to be certified by the clerk and
submitted at an election in accordance with the general election law.
However, any municipality whose rate limitation for fire protection
purposes is .30% on July 1, 1967 may by ordinance increase its rate
limit in the future for such purposes to .40% and any municipality which
levied a tax for fire protection purposes in 1960 and whose rate
limitation for such purposes is less than .30% on July 29, 1969 may by
ordinance increase its rate limit to .30%. A notice of the passage of
the ordinance establishing such rate limit at not to exceed .40% or
.30%, as the case may be, shall be published once in a newspaper having
a general circulation in the municipality. The publication of the notice
of the ordinance shall include a notice of (1) the specific number of
voters required to sign a petition requesting that the question of the
increased rate limit be submitted to the voters of the municipality; (2)
the time within which the petition must be filed; and (3) the date of the
prospective referendum. The municipal clerk shall provide a petition form
to any individual requesting one.
The ordinance shall take effect 30 days after publication of that
notice unless within that time a petition, signed by not less than a
number of voters in the municipality equal to 10% or more of the
registered voters of the municipality is filed with the municipal clerk
requesting the submission to a referendum of the question of whether the
municipality shall have the authority to levy a tax for fire protection
purposes at not to exceed the rate limit specified in the ordinance. Any
such election shall be conducted in accordance with the general election law.
(Source: P.A. 91-299, eff. 7-29-99.)
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(65 ILCS 5/Art. 11 Div. 8 heading) DIVISION 8.
FIRE SAFETY REGULATIONS
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(65 ILCS 5/11-8-1) (from Ch. 24, par. 11-8-1)
Sec. 11-8-1.
The corporate authorities of each municipality may establish
and maintain for reasonable charges electrical appliances in public or
private buildings for fire and police protection upon application of the
custodian of public buildings, or of the owner of private buildings.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-8-2) (from Ch. 24, par. 11-8-2)
Sec. 11-8-2.
The corporate authorities of each municipality may prevent the
dangerous construction, installation and condition of chimneys, fireplaces,
hearths, stoves, furnaces, pipes, ovens, boilers, fuel conduits, electric
wiring and any other fire or heating apparatus used in and about any
building, structure or camp accommodating persons in house trailers, house
cars, and, if such enumerated are in a dangerous condition may cause them
to be removed or placed in a safe condition. The corporate authorities also
may cause all buildings and enclosures which are in a dangerous fire
condition to be put in a safe fire condition, may regulate and prevent the
carrying on of factories that are dangerous in causing or promoting fires,
and may prevent the deposit of ashes in places that create a fire hazard.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-8-3) (from Ch. 24, par. 11-8-3)
Sec. 11-8-3.
For the purpose of guarding against the calamities of fire,
the corporate authorities of each municipality may prescribe the limits
within which wooden buildings shall not be erected, placed, or repaired,
without permission, and, whenever buildings within the fire limits have
deteriorated or have been damaged by any means to the extent of 50% of
their value, may direct that such buildings shall be torn down or removed,
and to prescribe the manner of ascertaining whether the specified damage
has occurred.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-8-4) (from Ch. 24, par. 11-8-4)
Sec. 11-8-4.
The corporate authorities of each municipality may regulate
and prevent the storage of turpentine, tar, pitch, resin, hemp, cotton,
gunpowder, nitroglycerine, petroleum, or any of their products, and other
similar combustible or explosive materials; may regulate and prevent the
use of lights and combustible liquids in buildings, and the building of
bonfires; and may regulate and prevent the use of firecrackers, torpedoes,
and all sorts of fireworks provided that such regulation or prohibition is
consistent with the provisions of the following acts as such acts are
heretofore and hereafter amended: "The Fireworks Regulation Act of
Illinois" and "An Act to prohibit the sale, offering or exposing for sale
of fireworks; defining fireworks and to regulate the manner of using
fireworks, and to provide penalties for the violation of the provisions of
the Act," approved July 1, 1941.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-8-5) (from Ch. 24, par. 11-8-5)
Sec. 11-8-5.
The corporate authorities of each municipality may regulate
and prohibit the keeping of any lumber or coal yard, or the placing,
piling, or selling of any lumber, timber, wood, coal, or other combustible
material within the fire limits of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-8-6) (from Ch. 24, par. 11-8-6)
Sec. 11-8-6.
The corporate authorities of each municipality may regulate
persons engaged in the business of servicing, repairing or refilling fire
extinguishers.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 9 heading) DIVISION 9.
FIRE INSPECTION IN MUNICIPALITIES
OF 500,000 OR MORE
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(65 ILCS 5/11-9-1) (from Ch. 24, par. 11-9-1)
Sec. 11-9-1.
The fire inspector of every municipality with a population of
500,000 or more shall investigate the cause, origin, and circumstances of
every fire occurring in the municipality and shall especially investigate
whether it was the result of carelessness or design. Such an investigation
shall be begun within 2 days, not including Sunday, of the occurrence of a
fire. The fire inspector shall keep in his office a record of all fires
occurring in the municipality, together with a record of all the facts,
statistics, and circumstances, including the origin of the fire and the
value and ownership of the property destroyed, which may be determined by
the investigations provided for by this Division 9. This record shall be
open to public inspection at all times.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-9-2) (from Ch. 24, par. 11-9-2)
Sec. 11-9-2.
If he deems it necessary, the specified fire inspector shall
take, or cause to be taken, the sworn testimony of all persons supposed to
be cognizant of any facts or to have means of knowledge in relation to the
matters as to which an examination is required by Section 11-9-1 to be
made, and cause the testimony to be reduced to writing. If the fire
inspector is of the opinion that there is evidence sufficient to charge a
person with the crime of arson, the fire inspector shall cause that person
to be arrested and charged with that offense. He shall furnish to the
state's attorney the names of the witnesses and all information obtained by
him, including a copy of all pertinent and material testimony taken in the
case. The fire inspector shall report to the Director of Insurance, for the
Department of Insurance, as that Director requires, his proceedings and the
progress made in all prosecutions of arson and the result of all cases
which are finally disposed of.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-9-3) (from Ch. 24, par. 11-9-3)
Sec. 11-9-3.
The specified fire inspector has the powers of a trial judge
for the purpose of summoning and compelling the attendance of witnesses
before him to testify in relation to any matter which is, by the provisions
of Section 11-9-1, a subject of investigation. The fire inspector may also
administer oaths and affirmations to persons appearing as witnesses before
him. False swearing in any matter or proceeding provided for in Sections
11-9-1 and 11-9-2 is perjury and shall be punished as such. The fire
inspector and his subordinates have authority at all times of the day or
night, in the performance of the duties imposed by the provisions of
Sections 11-9-1 and 11-9-2, to examine any building or premises where a
fire has occurred and adjoining and nearby buildings and premises. All
investigations held by or under the direction of the fire inspector may be
private, in his discretion. Persons other than those required to be present
by the provisions of Sections 11-9-1 and 11-9-2 may be excluded from the
place where the investigation is held, and the witnesses may be kept apart
from each other and not allowed to communicate with each other until they
have been examined.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-9-4) (from Ch. 24, par. 11-9-4)
Sec. 11-9-4.
Any owner or occupant of a building or premises who fails to
comply with the orders of the fire inspector, as specified in Section
11-9-3, shall be guilty of a petty offense and shall be fined not less than
$10 nor more than $50 for each day's neglect. If the fire inspector
neglects or refuses to comply with any of the requirements of this Division
9, he shall be guilty of a petty offense.
(Source: P.A. 77-2500.)
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(65 ILCS 5/Art. 11 Div. 10 heading) DIVISION 10.
FOREIGN FIRE INSURANCE
COMPANY FEES
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(65 ILCS 5/11-10-0.01) Sec. 11-10-0.01. Short title. This Division may be cited as the Foreign Fire Insurance License Fee Act.
(Source: P.A. 102-740, eff. 1-1-23.) |
(65 ILCS 5/11-10-1) (from Ch. 24, par. 11-10-1)
Sec. 11-10-1. (a) In each municipality or fire protection district, whether
incorporated under a general or special law, which has a fire department
established and maintained by municipal or fire protection district
ordinances, every corporation, company, and association which is not
incorporated under the laws of this state and which is engaged in effecting
fire insurance in the municipality or fire protection district, shall pay
to the foreign fire insurance board or to the secretary of the fire
protection district for the maintenance, use, and benefit of the fire
department thereof, a sum of 2% of the gross receipts received
from fire insurance upon property situated within the municipality or
district.
Each designated
corporation, company, and association shall pay the sum so prescribed by this subsection,
upon the amount of all premiums which have been received during the year
ending on every first day of July for all fire insurance effected or agreed
to be effected on property situated within the municipality or fire
protection district, by that corporation, company, or association
respectively.
Every person who acts in any specified municipality or fire protection
district as agent, or otherwise, on behalf of a designated corporation,
company, or association, shall render to the treasurer of the foreign fire insurance board or secretary of the fire
protection district, on or before the fifteenth day of July of each year, a
full and true account, verified by his oath, of all of the premiums which,
during the year ending on the first day of July preceding the report, were
received by him, or by any other person for him on behalf of that
corporation, company, or association. He shall specify in this report the
amounts received for fire insurance, and he shall pay to the treasurer or to the secretary of the fire protection district, or to the treasurer's or secretary's designee, at
the time of rendering this report, the sum
fixed by this subsection.
If this account is not rendered on or before the fifteenth day of July
of each year, or if the sum due remains unpaid after that day, it shall be
unlawful for any corporation, company, or association, so in default, to
transact any business in the municipality or fire protection district until
the sum due has been fully paid. But this provision shall not relieve any
corporation, company, or association from the payment of any loss upon any
risk that may be taken in violation of this requirement.
The amount of this license fee may be recovered from the
corporation, company, association, or any third party which owes it, or from its agent, by
an action brought by a foreign fire insurance board or fire
protection district.
The foreign fire insurance board
or the secretary of the fire protection district, or the board's or secretary's authorized designee, may examine the books,
records, and other papers and documents of a designated agent, corporation,
company, or association for the purpose of verifying the correctness of the
report of the amounts received for fire insurance.
This subsection is applicable to receipts from contracts of
marine fire insurance. (b) A foreign fire insurance board aggrieved by a violation of this Section may file suit in the Circuit Court in the county where the alleged violation occurred. (c) The regulation of a foreign fire insurance board and its license fees are exclusive powers and functions of the State. A home rule municipality may not regulate a foreign fire insurance board and its license fees. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-740, eff. 1-1-23.)
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(65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)
Sec. 11-10-2. (a) A foreign fire insurance board shall be created by and among the sworn members of the fire department of each municipality with fewer than 500,000 inhabitants that has an organized fire department. The board shall consist of 7 trustees; the fire chief, who shall hold office by virtue of rank, and 6 members, who shall be elected at large by the sworn members of the department. If there is an insufficient number of candidates to fill all these positions, the number of board members may be reduced, but not to fewer than 3 trustees. All sworn members of the department shall be eligible to be elected as
officers of the foreign fire insurance board. The members of this board shall annually elect officers. These officers
shall be a chairman, a treasurer, and any other officers deemed necessary by the board. The members of the foreign fire insurance board shall make all needful rules and
regulations with respect to the foreign fire insurance board and
the management of the funds to be paid to the board. The foreign fire insurance board may establish, manage, and maintain an account for the holding and expenditure of all funds paid to the board. The foreign fire insurance board may contract for the purchase of goods and services using funds paid to the board. Contracting for services includes, but is not limited to, the procurement and payment of all accounting, legal, collection, or other professional services deemed by the board to be necessary to the execution of its duties under this Division using funds paid to the board. The foreign fire insurance board may sue all parties necessary to enforce its rights under this Section. The officers of the foreign fire insurance board
shall develop and maintain a listing of those items that the board feels are
appropriate
expenditures under this Act. The treasurer
of the foreign fire insurance board shall receive the funds paid as provided in Section 1
and shall pay out the funds upon the
order of the foreign fire insurance board for the
maintenance, use, and benefit of the department or as otherwise permitted by this Division. These
funds shall be audited to verify
that the funds have been expended by that board only for the maintenance, use, and benefit of the
department using funds paid to the board. Contracting for services includes, but is not limited to, the procurement and payment of all accounting, legal, collection, or other professional services deemed by the board to be necessary to the execution of its duties under this Division using funds paid to the board.
Disputes between a fire chief and the remaining members of a foreign fire insurance board concerning whether any expenditure of funds by the board is for the maintenance, use, or benefit of the department or for any other purpose authorized by this Division shall be resolved through binding arbitration, pursuant to a written arbitration agreement established by the foreign fire insurance board, that is recognized under the Uniform Arbitration Act. Arbitrations held pursuant to a written arbitration agreement are the exclusive remedy available for resolving such disputes. (b) As used in this subsection, "active member" means a member of the Chicago Fire Department who is not receiving a disability pension, retired, or a deferred pensioner of the Firemen's Annuity and Benefit Fund of Chicago. A department foreign fire insurance board is created within the Chicago Fire Department. The board shall consist of 7 trustees who shall be initially elected on or before January 1, 2019: the fire commissioner, who shall hold office by virtue of rank, and 6 elected trustees, who shall be elected at large by the sworn members of the department. If there is an insufficient number of candidates seeking election to each vacant trustee position, the number of board members is reduced to 5 trustees, including the fire commissioner of the department, until the next election cycle when there are enough active members seeking election to fill all 7 member seats. All active members are eligible to be elected as trustees of the department foreign fire insurance board. Of the trustees first elected, 3 trustees shall be elected to a 2-year term and 3 trustees shall be elected to a 3-year term. After the initial election, a trustee shall be elected for a term of 3 years. If a member of the board resigns, is removed, or is unable to continue serving on the board, the vacancy shall be filled by special election of the active members or, in the case of a vacancy that will exist for fewer than 180 days until the term expires, by appointment by majority vote of the members of the board. The members of the board shall annually elect officers. These officers shall be a chairman, treasurer, and secretary. The trustees of the board shall make rules and regulations with respect to the board and the management of the money appropriated to the board. The officers of the board shall develop and maintain a listing of those items that the board believes are appropriate expenditures under this subsection. The treasurer of the board shall give a sufficient bond to the City of Chicago. The cost of the bond shall be paid out of the moneys in the board's fund. The bond shall be conditioned upon the faithful performance by the treasurer of his or her duties under the rules and regulations provided for in this subsection. The treasurer of the board shall receive the appropriated proceeds and shall disburse the proceeds upon the order of the board for the maintenance, use, and benefit of the department consistent with this subsection. As part of the annual municipal audit, these funds shall be audited to verify that the funds have been expended lawfully by the board consistent with this subsection. Within 30 days after receipt of any foreign fire insurance proceeds by the City of Chicago, the City of Chicago shall transfer the proceeds to the board by depositing the proceeds into an account determined by the board, except that if the effective date of this amendatory Act of the 100th General Assembly is after July 31, 2018, then the City of Chicago shall, for budget year 2019 only, transfer only 50% of the proceeds to the board. Notwithstanding any other provision of law: 50% of the foreign fire insurance proceeds received by the board shall be used for the maintenance, use, benefit, or enhancement of fire stations or training facilities used by the active members of the fire department; 25% of the foreign fire insurance proceeds received by the board shall be used for the maintenance, use, benefit, or enhancement of emergency response vehicles, tools, and equipment used by the active members of the department; and 25% of the foreign fire insurance proceeds received by the board shall be used for the maintenance and enhancement of the department and for the use and benefit of the active members of the department in a manner otherwise consistent with this subsection. Foreign fire insurance proceeds may not be used to purchase, maintain, or enhance personal property of a member of the department, except for personal property used in the performance of his or her duties or training activities. (c) The provisions of this Section shall be the exclusive power of the
State, pursuant to subsection (h) of Section 6 of Article VII of the
Constitution.
(Source: P.A. 102-740, eff. 1-1-23.)
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(65 ILCS 5/11-10-2.5) Sec. 11-10-2.5. Collection of licensing fees. A foreign fire insurance board created under this Division has the sole and exclusive authority to collect all licensing fees required to be paid by foreign fire insurance companies, corporations, associations, or third parties under this Division. This authority includes the right to designate a representative or agent authorized to collect such fees on their behalf. A board created pursuant to subsection (a) of Section 2 that does not collect licensing fees on its own accord, or that does not designate an authorized representative or agent to collect the fees on their behalf, shall have all fees collected on its behalf by a statewide organization of municipalities recognized under Section 1-8-1. Licensing fees collected from foreign fire insurance companies, corporations, associations, or third parties under a representative or agent authorized to do so by a foreign fire insurance board or by a statewide organization of municipalities recognized under Section 1-8-1 shall be paid promptly and directly to the treasurer of the foreign fire insurance board, less reasonable costs and expenses associated with the collection of the fees, as agreed to by the board.
(Source: P.A. 102-740, eff. 1-1-23.) |
(65 ILCS 5/11-10-3) (from Ch. 24, par. 11-10-3)
Sec. 11-10-3.
Any person, corporation, company, or association which
violates any of the provisions of this Division 10 is guilty of a Class B
misdemeanor.
(Source: P.A. 77-2500.)
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(65 ILCS 5/Art 11 prec Div 11 heading)
PLANNING, ZONING AND URBAN REHABILITATION
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(65 ILCS 5/Art. 11 Div. 11 heading) DIVISION 11.
URBAN REHABILITATION
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(65 ILCS 5/11-11-1) (from Ch. 24, par. 11-11-1)
Sec. 11-11-1.
The corporate authorities of each municipality have the
following powers: (1) to acquire by purchase, condemnation or otherwise any
improved or unimproved real property the acquisition of which is necessary
or appropriate for the rehabilitation or redevelopment of any blighted or
slum area or any conservation area as defined in Section 3 of the Urban
Community Conservation Act; (2) to remove or demolish sub-standard or other
buildings and structures from the property so acquired; (3) to hold or use
any of such property for public uses; and (4) to sell, lease or exchange
such property as is not required for the public purposes of the
municipality. In case of sale or lease the provisions of Sections 11-76-1
through 11-76-3 shall govern except when such sale or lease is made to a
public corporation or public agency, and except when the municipality is
the Local Public Agency under an urban renewal project as defined in
Section 11-11-2. Where a municipality is such a Local Public Agency the
corporate authorities thereof shall have the same powers, and be subject to
the same conditions, restrictions, limitations, penalties and definitions
of terms, and employ the same modes of procedure in the conveyance of real
property as are prescribed in Sections 15, 16, 17, 18 and 19 (except
omitting the provision requiring reimbursement of any public utility by the
purchaser) of the "Urban Renewal Consolidation Act of 1961", approved
August 15, 1961, as the same are now or may hereafter be amended, as
fully as if provisions contained in said sections of the "Urban Renewal
Consolidation Act of 1961" were set forth herein, except that the term
"Department" as therein used shall, as applied to such municipality, mean
the municipality as Local Public Agency. In case of exchange of property
for property privately owned 3 disinterested appraisers shall be appointed
to appraise the value of the property exchanged and such exchange shall not
be made unless the property received by the municipality is equal to or
greater in value than the property exchanged therefor, or if less than such
value the difference shall be paid in money. For the purposes of this
section, "blighted or slum area" means any area where buildings or
improvements, by reason of dilapidation, overcrowding, faulty arrangement
or design, lack of ventilation, light or sanitation facilities, deleterious
land uses, or any combination of these factors, are a detriment to public
safety, health or morals, and an area of not less in the aggregate than 2
acres has been designated by ordinance or resolution as an integrated
project for rehabilitation or redevelopment.
This amendatory Act of 1971 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 77-656.)
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(65 ILCS 5/11-11-1.1) (from Ch. 24, par. 11-11-1.1)
Sec. 11-11-1.1.
The corporate authorities of each municipality have
the power to establish and operate a homestead program designed to rehabilitate
or construct dwellings in presently blighted areas.
"Homestead program" as used in this Section means a program of conveyances
of unoccupied dwellings and vacant land, for nominal or no consideration,
to heads of households 18 years of age or older who agree:
(a) to rehabilitate or construct qualifying dwellings on such property;
(b) to commence rehabilitation or construction within 60 days of conveyance;
(c) to occupy such property as a principal resident for not less than
3 years, complying with applicable health and safety standards;
(d) to permit reasonable periodic inspection by the municipality to determine
compliance with the conditions of conveyance; and
(e) to surrender and quit claim such property to the municipality, in
a condition at least equivalent to that when first conveyed, upon determination
of noncompliance.
The corporate authorities shall have all powers necessary for the development
and implementation of a homestead program, including but not limited to,
the power to designate a homestead area, to enter into agreements with the
federal government to receive repossessed homes, to establish guidelines for determining
qualified recipients, to dispose of property by lottery or conveyance for
nominal or no consideration, and to appoint a Homestead Board or designate
a not-for-profit corporation as its agent to administer the program and
establish standards of rehabilitation and construction.
(Source: P.A. 83-656.)
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(65 ILCS 5/11-11-2) (from Ch. 24, par. 11-11-2)
Sec. 11-11-2.
The corporate authorities of each municipality may borrow
money or other property and accept contributions, capital grants, gifts,
donations, services or other financial assistance from the United States of
America, the Housing and Home Finance Agency or any other agency or
instrumentality, corporate or otherwise, of the United States of America
for or in aid of an "Urban Renewal Project" as defined in the Act of
Congress approved August 2, 1954, being Public Law 560-83rd Congress, known
as the "Housing Act of 1954", and which the municipality is authorized to
effectuate, and to this end the municipality may comply with such
conditions and enter into such agreements upon such covenants, terms and
conditions as the corporate authorities may deem necessary, appropriate,
convenient or desirable. The corporate authorities may issue bonds,
debentures, notes, special certificates or other evidences of indebtedness
in order to secure loans made pursuant hereto. However, any such bonds,
debentures, notes, special certificates or other evidence of indebtedness
issued hereunder shall be payable solely out of the proceeds from the sale
of real property acquired in the project area, out of any revenue from the
operation, management or demolition of existing buildings or improvements
of any real property acquired in such project area, out of such capital
grants as the municipality may receive from the United States of America or
any agency or instrumentality thereof, or out of any local cash or non-cash
grants-in-aid, as defined in the Act of Congress approved July 15, 1949,
being Public Law 171--81st Congress, known as the "Housing Act of 1949", as
amended, including the Housing Act of 1954, which the municipality or
public body or any other entity may make in connection with the
implementation of such Urban Renewal Project.
Any bonds issued under this Section as limited bonds as defined in Section 3
of
the Local Government Debt Reform Act shall comply with the requirements of the
Bond Issue Notification Act.
Any municipality having a population of 500,000 or more may enter into a
contract with the United States of America or any agency or instrumentality
thereof and agree to the extent authorized by law, to provide such local
grants-in-aid. Notwithstanding any other provision of this Code, such
contract may contain a provision pledging the municipality to provide such
local grants-in-aid over a period of time, not to exceed 5 years from the
date of such contract.
(Source: P.A. 89-655, eff. 1-1-97.)
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(65 ILCS 5/11-11-3) (from Ch. 24, par. 11-11-3)
Sec. 11-11-3.
In addition to all other powers granted municipalities, and
not in derogation thereof, the corporate authorities of any municipality
which is the Local Public Agency under an urban renewal project as defined
in Section 11-11-2 shall have the same powers, and be subject to the same
conditions, restrictions, limitations, penalties and definitions of terms,
and employ the same modes of procedure in the incurrence of indebtedness
and the issuance of bonds as are prescribed in Sections 27 and 28 of the
"Urban Renewal Consolidation Act of 1961", approved August 15, 1961, as the
same are now or may hereafter be amended, as fully as if provisions
contained in said sections of the "Urban Renewal Consolidation Act of 1961"
were set forth herein, except that the term "Department" as therein used
shall, as applied to such municipality, mean the municipality as Local
Public Agency.
(Source: Laws 1963, p. 2217.)
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(65 ILCS 5/Art. 11 Div. 11.1 heading) DIVISION 11.1.
FAIR HOUSING
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(65 ILCS 5/11-11.1-1) (from Ch. 24, par. 11-11.1-1)
Sec. 11-11.1-1.
The corporate authorities of any municipality may enact
ordinances prescribing fair housing practices, defining unfair housing
practices, establishing Fair Housing or Human Relations Commissions and
standards for the operation of such Commissions in the administering and
enforcement of such ordinances, prohibiting discrimination based on race,
color, religion, sex, creed, ancestry, national origin, or physical
or mental disability in
the listing, sale, assignment, exchange, transfer, lease, rental or
financing of real property for the purpose of the residential occupancy
thereof, and prescribing penalties for violations of such ordinances.
Such ordinances may provide for closed meetings of the Commissions or
other administrative agencies responsible for administering and enforcing
such ordinances for the purpose of conciliating complaints of
discrimination and such meetings shall not be subject to the provisions of
"An Act in relation to meetings", approved July 11, 1957, as amended. No
final action for the imposition or recommendation of a penalty by such
Commissions or agencies shall be taken, except at a meeting open to the
public.
To secure and guarantee the rights established by Sections 17, 18 and
19 of Article I of the Illinois Constitution, it is declared that any ordinance
or standard enacted under the authority of this Section or under general
home rule power and any standard, rule or regulation of such a Commission
which prohibits, restricts, narrows or limits the housing choice of any person is
unenforceable and void.
Nothing in this amendatory Act of 1981 prohibits such a commission
or a unit of local government from making special outreach efforts to
inform members of minority groups of housing opportunities available in
areas of majority white concentration and make
similar efforts to inform the majority white population of available
housing opportunities located in areas
of minority concentration.
This amendatory Act of 1981 applies to municipalities which are home rule
units. Pursuant to Article VII, Section 6, paragraph (i) of the Illinois
Constitution, this amendatory Act of 1981 is a limit on the power of municipalities
that are home rule units.
(Source: P.A. 99-143, eff. 7-27-15.)
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(65 ILCS 5/Art. 11 Div. 11.2 heading) DIVISION 11.2.
IMPROVEMENT OF GROUP RELATIONS
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(65 ILCS 5/11-11.2-1) (from Ch. 24, par. 11-11.2-1)
Sec. 11-11.2-1.
The corporate authorities of any municipality may perform such acts and
promulgate such regulations as are necessary or proper for the promotion of
harmonious relations between racial and economic groups within the
municipality, including, but not limited to, the promotion and development
of public education and information programs emphasizing the contributions
of such groups to the historical and cultural development of the community
and the nation, establishing vocational guidance and employment opportunity
programs to assist members of minority racial and ethnic groups,
establishment of programs to aid in locating housing for such minority
groups, and to assist in the adjustment of such persons to living in urban
environments.
(Source: P.A. 76-1021.)
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(65 ILCS 5/11-11.2-2) (from Ch. 24, par. 11-11.2-2)
Sec. 11-11.2-2.
For the purpose of carrying out the powers granted by this Division, the
corporate authorities may employ such personnel and acquire by purchase or
lease, such real or personal property as they deem necessary and may
provide for the compensation of such personnel and other expenses in the
annual appropriation ordinance through the use of corporate funds. Any
municipality has the power to enter into contracts with any public or
private agency undertaking such programs and authorize such agencies to act
on behalf of the municipality. Such contracts may provide that the cost of
all or a portion of such programs will be paid by the municipality. Any
public or private agency acting under such contract shall report at least
once each year to the corporate authorities of the municipality.
(Source: P.A. 76-1021.)
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(65 ILCS 5/11-11.2-3) (from Ch. 24, par. 11-11.2-3)
Sec. 11-11.2-3.
To assist in carrying out the powers granted in this Division, the
corporate authorities may receive financial assistance from the United
States, or any of its agencies or instrumentalities, or the State of
Illinois, and undertake such responsibilities and comply with such
conditions as may be required by law to receive such assistance. The
corporate authorities may also receive gifts, donations, legacies,
and other
financial assistance from private persons, corporations or foundations, and
devote such assistance to programs developed under this Division.
(Source: P.A. 83-388.)
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(65 ILCS 5/Art. 11 Div. 12 heading) DIVISION 12.
PLAN COMMISSIONS
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(65 ILCS 5/11-12-4) (from Ch. 24, par. 11-12-4)
Sec. 11-12-4.
Every municipality may create a plan commission or a planning
department or both. A plan commission shall be appointed by a mayor of a
city or president of a village board subject to confirmation by the
corporate authorities. Members of the plan commission shall reside within
the municipality or within territory contiguous to the municipality and not
more than one and one-half miles beyond the corporate limits and not
included within any other municipality. A planning department shall be
created, organized and staffed in such manner as the municipality may
provide by ordinance. The plan commission shall consist of a chairman and
members serving for such terms and such compensation, if any, as the
corporate authorities of the municipality may prescribe by ordinance. The
ordinance may provide that the plan commission shall have a paid secretary
or staff or both. Any plan commission or planning department now existing
and officially created by ordinance of any municipality may continue to
function under the authority of such prior ordinance and any such plan
commission or planning department shall have and exercise all the powers
conferred by law as fully as if it had been created hereunder. Any
municipality which has or shall hereafter create a plan commission or
planning department may appropriate from any funds under its control and
not otherwise appropriated, such sums as the corporate authorities may deem
proper for the maintenance and operation of such plan commission or
planning department, including the salaries of all paid members and
employees; the development of a planning program; the preparation of
regulations, projects and programs pertinent to the development,
redevelopment and renewal of the municipality and such surrounding
territory over which the municipality exercises subdivision jurisdiction;
the preparation and revision of the official map and the exercise of such
powers germane to the purposes for which it was created as may be conferred
upon the plan commission or planning department by ordinance.
Municipalities may accept, receive and expend funds, grants and services
from the federal government or its agencies, or from the State of Illinois
or its agencies or from private persons or corporations or foundations for
planning purposes generally or for planning specific projects.
(Source: P.A. 76-601.)
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(65 ILCS 5/11-12-4.1) (from Ch. 24, par. 11-12-4.1)
Sec. 11-12-4.1.
Whenever a municipality of more than 500,000
population has created a plan commission pursuant to the provisions of
this Division 12, every plan, design or other proposal by any public
body or agency which requires the acquisition or disposition of real
property within the territorial limits of the municipality by any public
body or agency, or which changes the use of any real property owned or
occupied by any public body or agency or the location of any improvement
thereon within the territorial limits of the municipality, shall be
referred to the plan commission by such public body or agency not less
than 30 days prior to any election for the purpose of authorizing the
borrowing of money for, or any action by such public body or agency to
appropriate funds for, or to authorize such changes or the acquisition
or disposition of such real property, but in no event shall such
referral be less than 30 days prior to making such changes or acquiring
or disposing of such real property. The plan commission shall review
every such plan, design or other proposal and shall within 30 days after
submission thereof report to the public body or agency having
jurisdiction over such real property or improvement thereon concerning
the conformity of the plan, design, or other proposal with the long
range planning objectives of the municipality and with the official plan
for the municipality or any part thereof if the same shall then be in
effect as provided in Section 11-12-2. Such report shall be spread of
record in the minutes or record of proceedings of such public body or
agency. A report that any such plan, design, or other proposal is not in
conformity with the long range planning objectives of the municipality,
or the official plan for the municipality shall be accompanied by a
written statement of the respects in which such conformity is lacking
but such a report shall not bar the public body or agency having
jurisdiction over such real property or improvement thereon from
thereafter making such changes or acquiring or disposing of such real
property. The failure of the plan commission to report on any such plan,
design, or other proposal within 30 days after submission of the same to
it, shall be deemed to be a report that such plan, design, or other
proposal conforms in all respects with the long range planning
objectives and the official plan of the municipality.
As used in this section the terms "public body" or "agency" include
the State of Illinois, any county, township, district including the Chicago
Park District, school,
authority, municipality, or any official, board, commission or other
political corporation or subdivision of the State of Illinois, now or
hereafter created, whether herein specifically mentioned or not.
(Source: P.A. 81-411.)
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(65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
Sec. 11-12-5.
Every plan commission and planning department authorized by
this Division 12 has the following powers and whenever in this Division 12
the term plan commission is used such term shall be deemed to include the
term planning department:
(1) To prepare and recommend to the corporate | ||
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(2) To recommend changes, from time to time, in the | ||
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(3) To prepare and recommend to the corporate | ||
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(4) To give aid to the municipal officials charged | ||
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(5) To prepare and recommend to the corporate | ||
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(6) To exercise such other powers germane to the | ||
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For purposes of implementing ordinances regarding developer
donations
or
impact fees,
and specifically for expenditures thereof,
"school grounds" is defined as including land or site
improvements,
which include
school buildings or other infrastructure, including technological infrastructure, necessitated and specifically and
uniquely attributed to the
development or subdivision in question. This amendatory Act of the 93rd
General Assembly applies to all impact fees or developer donations paid into a
school district or held in a separate account or escrow fund by any school
district
or municipality for a school district.
(Source: P.A. 98-741, eff. 1-1-15; 99-78, eff. 7-20-15.)
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(65 ILCS 5/11-12-5.1) (from Ch. 24, par. 11-12-5.1)
Sec. 11-12-5.1.
School land donations.
The governing board of a school
district may submit to the corporate authorities of a municipality having
a population of less than 500,000 which is served by the school district a
written request that a meeting be held to discuss school land donations
from a developer of a subdivision or resubdivision of land included within
the area served by the school district. For the purposes of this Section,
"school land donation" means a donation of land for public school purposes
or a cash contribution in lieu thereof, or a combination of both.
(Source: P.A. 86-1023; 86-1039.)
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(65 ILCS 5/11-12-6) (from Ch. 24, par. 11-12-6)
Sec. 11-12-6.
An official comprehensive plan, or any amendment thereof, or
addition thereto, proposed by a plan commission shall be effective in the
municipality and contiguous area herein prescribed only after its formal
adoption by the corporate authorities. Such plan shall be advisory and in
and of itself shall not be construed to regulate or control the use of
private property in any way, except as to such part thereof as has been
implemented by ordinances duly enacted by the corporate authorities. At any
time or times, before or after the adoption of the official comprehensive
plan by the corporate authorities, such corporate authorities may designate
by ordinance an official map, which map may consist of the whole area
included within the official comprehensive plan or one or more separate
geographical or functional parts, and may include all or any part of the
contiguous unincorporated area within one and one-half miles from the
corporate limits of the municipality. Such map or maps shall be made a part
of the ordinance, which ordinance shall specifically state standard
requirements of the municipality relating to size of streets, alleys,
public ways, parks, playgrounds, school sites, other public grounds, and
ways for public service facilities; the kind and quantity of materials
which shall be used in the construction of streets, and alleys; and the
kind and quality of materials for public service facilities as may be
consistent with Illinois Commerce Commission or industry standards, and
shall contain the standards required for drainage and sanitary sewers and
collection and treatment of sewage. The map shall be drawn to scale, shall
be reasonably accurate, and shall show north point, section lines and
numbers, and streams.
Said official comprehensive plan and the ordinance or ordinances
including the official map shall be placed on file with the Municipal Clerk
and shall be available at all times during business hours for public
inspection. Copies of said plan, all ordinances implementing the same and
including the official map, shall be made available to all interested
parties upon payment of such sum as the corporate authorities shall
determine to be adequate to reimburse the general fund of the municipality
for the cost of printing and distributing the same.
(Source: Laws 1961, p. 2757.)
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(65 ILCS 5/11-12-7) (from Ch. 24, par. 11-12-7)
Sec. 11-12-7.
The corporate authorities may initiate plans and maps by requesting the
plan commission to prepare an official comprehensive plan and recommend the
same, or may originate an official comprehensive plan, or a part thereof,
or an amendment thereto, and may refer same or suggested changes in an
existing comprehensive plan to the plan commission for its consideration
and recommendation thereon. No comprehensive plan or amendment thereto
shall be adopted that has not been submitted to the plan commission.
The corporate authorities may adopt parts of a comprehensive plan
recommended by a plan commission without adopting the entire comprehensive
plan as recommended, or may modify or amend portions of a recommended
comprehensive plan without a re-reference of same to the plan commission,
and may adopt such comprehensive plan, as modified or amended. Such
comprehensive plan, when adopted, shall be the official comprehensive plan,
or part thereof, of that municipality.
Upon submission by the corporate authorities of any suggested
comprehensive plan, part thereof, or amendment to an existing comprehensive
plan to the plan commission for consideration and recommendation, the
corporate authorities may require a report thereon from the plan commission
with its recommendation within 90 days from the date of such submission,
and if the plan commission shall fail to make such report within such 90
days, then the corporate authorities may proceed to consider such
comprehensive plan, or part thereof or amendment to an existing
comprehensive plan, for adoption, including arranging for and holding of a
public hearing thereon in accordance with the provisions hereinafter
contained in the same manner as if the plan commission had made its
recommendation.
On and after the effective date of this amendatory act of 1961, an
official comprehensive plan, or any amendment thereof, shall not be adopted
by a municipality until notice and opportunity for public hearing have
first been afforded in the manner herein provided. Upon submission of a
comprehensive plan by the plan commission, or a proposed amendment to an
existing comprehensive plan, the corporate authorities shall schedule a
public hearing thereon, either before the plan commission or the corporate
authorities. Not less than 15 days' notice of the proposed hearing, and the
time and place thereof, shall be given by publication in a newspaper of
general circulation in the county or counties in which the municipality and
contiguous unincorporated territory are located. The hearing shall be
informal, but all persons desiring to be heard in support or opposition to
the comprehensive plan or amendment shall be afforded such opportunity, and
may submit their statements, orally, in writing, or both. The hearing may
be recessed to another date if not concluded, if notice of the time and
place thereof is publicly announced at the hearing or is given by newspaper
publication not less than 5 days prior to the recessed hearing.
Within 90 days after the conclusion of the hearing, the corporate
authorities, after consideration of the recommendation of the plan
commission and such information as shall have been derived from the
hearing, shall either adopt the comprehensive plan or amendment in whole or
in part or reject the entire comprehensive plan or amendment. If adopted,
the corporate authorities shall enact the ordinance including a map or maps
as hereinbefore provided. In adopting an official comprehensive plan,
except as herein otherwise provided, the corporate authorities shall be
subject to the same limitations as to subject matter as apply to the plan
commission. If at the expiration of such 90 days, the corporate authorities
have taken no formal action, the comprehensive plan or amendment thereto
may thereafter not be acted upon by the corporate authorities without again
complying with the conditions of notice and hearing heretofore provided.
No official map, or amendment or addition thereto, shall be ground for
rejection of any plat of subdivision or resubdivision by the corporate
authorities, if application for final approval of such subdivision or
resubdivision is filed with the corporate authorities 15 days or more prior
to the date on which the ordinance approving the official map, or amendment
or addition thereto, is adopted.
The comprehensive plan or amendment shall become effective upon the
expiration of 10 days after the date of filing notice of the adoption of
such comprehensive plan or amendment with the recorder of the county.
Whenever used in this Section 11-12-7 the words "plans" or "comprehensive
plan" shall be deemed to mean and include, where applicable, an official
map or maps.
(Source: P.A. 83-358.)
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(65 ILCS 5/11-12-8) (from Ch. 24, par. 11-12-8)
Sec. 11-12-8.
Compliance of plat with map; designation of public lands;
approval;
bond; order; failure to act upon plat.
The corporate authorities of the municipality shall determine whether a
proposed plat of subdivision or resubdivision complies with the official
map. To secure such determination, the person requesting the subdivision or
resubdivision shall file four copies of a plat thereof with the clerk of
the municipality, and shall furnish therewith four copies of all data
necessary to show compliance with all applicable municipal regulations and
shall make application for preliminary or final approval of the proposed
plat.
Whenever the reasonable requirements provided by the ordinance including
the official map shall indicate the necessity for providing for a school
site, park site, or other public lands within any proposed subdivision for
which approval has been requested, and no such provision has been made
therefor, the municipal authority may require that lands be designated for
such public purpose before approving such plat. Whenever a final plat of
subdivision, or part thereof, has been approved by the corporate
authorities as complying with the official map and there is designated
therein a school site, park site or other public land, the corporate
authorities having jurisdiction of such use, be it a school board, park
board or other authority, such authority shall acquire the land so
designated by purchase or commence proceedings to acquire such land by
condemnation within one year from the date of approval of such plat; and if
it does not do so within such period of one year, the land so designated
may then be used by the owners thereof in any other manner consistent with
the ordinance including the official map and the zoning ordinance of the
municipality.
The corporate authorities may by ordinance provide that a plat of
subdivision may be submitted initially to the plan commission for
preliminary approval. The application for preliminary approval shall show
location and width of proposed streets and public ways, shall indicate
proposed location of sewers and storm drains, proposed dedication of public
grounds, if any, lot sizes, proposed easements for public utilities, and
proposed method of sewage and waste disposal, but need not contain
specifications for proposed improvements.
The plan Commission shall approve or disapprove the application for
preliminary approval within 90 days from the date of the application or the
filing by the applicant of the last item of required supporting data,
whichever date is later, unless such time is extended by mutual consent. If
such plat is disapproved, then within said 90 days the plan commission
shall furnish to applicant in writing a statement setting forth the reason
for disapproval and specifying with particularity the aspects in which the
proposed plat fails to conform to the ordinances including official map. If
such plat is approved the corporate authority shall accept or reject said
plat within 30 days after its next regular stated meeting following the
action of the plan commission. Preliminary approval shall not qualify a
plat for recording.
Application for final approval of a plat shall be made not later than
one year after preliminary approval has been granted. This application must
be supported by such drawings, specifications and bond as may be necessary
to demonstrate compliance with all requirements of this statute and such
regulations as the corporate authorities may provide by ordinance under
authority of this statute.
This Section is subject to the provisions of Section 11-39-3 of this
Code.
The applicant may elect to have final approval of a geographic part or
parts of the plat that received preliminary approval, and may delay
application for approval of other parts until a later date or dates beyond
one year with the approval of the municipal authorities; provided, all
facilities required to serve the part or parts for which final approval is
sought have been provided. In such case only such part or parts of the plat
as have received final approval shall be recorded.
When a person submitting a plat of subdivision or resubdivision for
final approval has supplied all drawings, maps and other documents required
by the municipal ordinances to be furnished in support thereof, and if all
such material meets all municipal requirements, the corporate authorities
shall approve the proposed plat within 60 days from the date of filing the
last required document or other paper or within 60 days from the date of
filing application for final approval of the plat, whichever date is later.
The applicant and the corporate authorities may mutually agree to extend
the 60 day period.
Except as provided in Section 3 of the Public Construction Bond Act, the
corporate authorities may provide that any person, firm or
corporation seeking approval of a subdivision or resubdivision map or plat
shall post a good and sufficient cash bond, irrevocable letter of credit,
or surety bond with the municipal clerk in a penal
sum sufficient to cover the estimate made by the municipal engineer, or
other authorized person, of expenditures, including but not limited to
reasonable inspection fees to be borne by the applicant, necessary to
conform to the requirements established and conditioned upon completion of
said requirements in a reasonable time. The corporate authorities may, by
ordinance, prescribe the form of the cash bond, irrevocable letter of
credit, or surety bond and may require surety to be
approved by the corporate authorities; provided, that a municipality may
permit the depositing of cash or other security acceptable to the corporate
authorities, to complete the improvements required in lieu of a bond if it
shall so provide by ordinance; and further provided, that no bond or
security shall be required to be filed until the corporate authorities have
approved the plat in all other respects and have notified the applicant of
such approval. If the corporate authorities require a cash bond, letter of
credit, surety, or any other method to cover the costs and expenses and to
insure
completion of the requirements, the requirements shall be
subject to the provisions of Section 11-39-3 of this
Code.
If the preliminary or final plat is approved, the municipal clerk shall
attach a certified copy of the order or resolution of approval to a copy of
the plat. If the proposed plat is disapproved, the order or resolution
shall state the reasons for the disapproval, specifying with particularity
the aspects in which the proposed plat fails to conform to the official
map. A copy of the order or resolution shall be filed in the office of the
municipal clerk.
If the corporate authorities fail to act upon the final plat within the
time prescribed the applicant may, after giving 5 days written notice to
the corporate authorities, file a complaint for summary judgment in the
circuit court and upon showing that the corporate authorities have failed
to act within the time prescribed the court shall enter an order
authorizing the recorder to record the plat as
finally submitted
without the approval of the corporate authorities. A plat so recorded shall
have the same force and effect as though that plat had been approved by the
corporate authorities. If the corporate authorities refuse to act upon the
final plat within the time prescribed and if their failure to act thereon
is wilful, upon such showing and upon proof of damages the municipality
shall be liable therefor.
(Source: P.A. 91-328, eff. 1-1-00; 92-479, eff. 1-1-02.)
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(65 ILCS 5/11-12-9) (from Ch. 24, par. 11-12-9)
Sec. 11-12-9. If unincorporated territory is within one and one-half miles
of the boundaries of two or more corporate authorities that have adopted
official plans, the corporate authorities involved may agree upon a line
which shall mark the boundaries of the jurisdiction of each of the
corporate authorities who have adopted such agreement. On and after
September 24, 1987, such agreement may provide that one or more of the
municipalities shall not annex territory which lies within the jurisdiction
of any other municipality, as established by such line. In the absence of
such a boundary line agreement, nothing in this paragraph shall be
construed as a limitation on the power of any municipality to annex
territory. In arriving at an agreement for a jurisdictional boundary line,
the corporate authorities concerned shall give consideration to the natural
flow of storm water drainage, and, when practical, shall include all of any
single tract having common ownership within the jurisdiction of one
corporate authority. Such agreement shall not become effective until copies
thereof, certified as to adoption by the municipal clerks of the respective
municipalities, have been filed in the Recorder's Office and made available
in the office of the municipal clerk of each agreeing municipality.
Any agreement for a jurisdictional boundary line shall be valid for such
term of years as may be stated therein, but not to exceed 20 years, and if
no term is stated, shall be valid for a term of 20 years. The term of such
agreement may be extended, renewed or revised at the end of the initial or
extended term thereof by further agreement of the municipalities.
In the absence of such agreement, the jurisdiction of any one of the
corporate authorities shall extend to a median line equidistant from its
boundary and the boundary of the other corporate authority nearest to the
boundary of the first corporate authority at any given point on the line.
On and after January 1, 2006, no corporate authority may enter into an agreement pursuant to this Section unless, not less than 30 days and not more than 120 days prior to formal approval thereof by the corporate authority, it shall have first provided public notice of the proposed boundary agreement by both of the following: (1) the posting of a public notice for not less than | ||
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(2) publication on at least one occasion in a | ||
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The validity of a boundary agreement may not be legally challenged on the grounds that the notice as required by this Section was not properly given unless the challenge is initiated within 12 months after the formal approval of the boundary agreement.
An agreement that addresses jurisdictional boundary lines shall be entirely unenforceable for any party thereto that subsequently enters into another agreement that addresses jurisdictional boundary lines that is in conflict with any of the terms of the first agreement without the consent of all parties to the first agreement.
For purposes of this Section, it shall not be considered a "conflict" when a municipality that is a party to a jurisdictional boundary line agreement cedes property within its own jurisdiction to another municipality not a party to the same jurisdictional boundary line agreement. This amendatory Act of 1990 is declarative of the existing law and
shall not be construed to modify or amend existing boundary line
agreements, nor shall it be construed to create powers of a municipality not
already in existence.
Except for those provisions to take effect prospectively, this amendatory Act of the 94th General Assembly is declarative of existing law and shall not be construed to modify or amend existing boundary line agreements entered into on or before the effective date of this amendatory Act, nor shall it be construed to create powers of a municipality not already in existence on the effective date of this amendatory Act.(Source: P.A. 99-292, eff. 8-6-15.)
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(65 ILCS 5/11-12-10) (from Ch. 24, par. 11-12-10)
Sec. 11-12-10.
The provisions of this amendatory Act of 1961 shall not
affect the validity of any official plan or map adopted and in force prior
to the effective date hereof.
(Source: Laws 1961, p. 2757.)
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(65 ILCS 5/11-12-11) (from Ch. 24, par. 11-12-11)
Sec. 11-12-11.
If a municipality has adopted an official plan or map
pursuant to the authority granted by this Division 12, the territory
subject to that plan shall be exempt from the application of any less
restrictive rules or regulations adopted by a County Board under the
provisions of Section 5-1042 of the Counties Code.
(Source: P.A. 86-1475.)
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