State of Illinois
90th General Assembly

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      720 ILCS 5/47-5
          Amends the Criminal Code of 1961.  Provides that it is  a
      public  nuisance  to  solicit  anyone  for any purpose at the
      intersection of any street or public highway or at the on  or
      off  ramp  to and from an expressway unless a permit has been
      issued by the county or municipality having  jurisdiction  of
      the street, highway, or expressway for that purpose.
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 47-5.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Section 47-5 as follows:
 7        (720 ILCS 5/47-5)
 8        Sec. 47-5.  Public nuisance.  It is a public nuisance:
 9        (1)  To cause or allow the carcass of an animal or offal,
10    filth, or a noisome substance to be collected, deposited,  or
11    to remain in any place to the prejudice of others.
12        (2)  To  throw or deposit offal or other offensive matter
13    or the carcass of a dead animal  in  a  water  course,  lake,
14    pond,  spring,  well,  or  common  sewer,  street,  or public
15    highway.
16        (3)  To corrupt or render unwholesome or impure the water
17    of a spring, river, stream, pond, or lake to  the  injury  or
18    prejudice of others.
19        (4)  To  obstruct or impede, without legal authority, the
20    passage of a navigable river or waters.
21        (5)  To  obstruct  or  encroach  upon  public   highways,
22    private  ways,  streets, alleys, commons, landing places, and
23    ways to burying places.
24        (5.5)  To solicit  a  driver  or  passenger  in  a  motor
25    vehicle  or  a pedestrian for any purpose at the intersection
26    of any street or public highway or at the on or off ramps  to
27    and from an expressway unless a permit has been issued by the
28    county  or  municipality  having  jurisdiction of the street,
29    public highway, or expressway authorizing that solicitation.
30        (6)  To carry on the business of manufacturing gunpowder,
31    nitroglycerine, or  other  highly  explosive  substances,  or
                            -2-                LRB9002254RCks
 1    mixing  or  grinding the materials for those substances, in a
 2    building within 20 rods of a valuable building erected at the
 3    time the business is commenced.
 4        (7)  To  establish  powder  magazines  near  incorporated
 5    towns, at a point different from that appointed according  to
 6    law  by  the  corporate authorities of the town, or within 50
 7    rods of an occupied dwelling house.
 8        (8)  To erect, continue, or use a building or other place
 9    for the exercise of a trade, employment, or manufacture that,
10    by occasioning  noxious  exhalations,  offensive  smells,  or
11    otherwise,  is  offensive  or  dangerous  to  the  health  of
12    individuals or of the public.
13        (9)  To advertise wares or occupation by painting notices
14    of  the  wares or occupation on or affixing them to fences or
15    other private property, or on rocks or other natural objects,
16    without the consent of the owner, or if  in  the  highway  or
17    other   public   place,  without  permission  of  the  proper
18    authorities.
19        (10)  To permit a well drilled for oil, gas,  salt  water
20    disposal,  or  any  other  purpose  in  connection  with  the
21    production  of oil and gas to remain unplugged after the well
22    is no longer used for the purpose for which it was drilled.
23        (11)  To construct or operate a salt  water  pit  or  oil
24    field  refuse  pit, commonly called a "burn out pit", so that
25    salt water, brine, or oil field refuse or other waste liquids
26    may escape from the pit in a manner except by the evaporation
27    of the salt water or brine or by the burning of the oil field
28    waste or refuse.
29        (12)  To permit concrete bases, discarded machinery,  and
30    materials  to remain around an oil or gas well, or to fail to
31    fill holes, cellars, slush pits, and other  excavations  made
32    in  connection with the well or to restore the surface of the
33    lands surrounding  the  well  to  its  condition  before  the
34    drilling  of  the  well,  upon  abandonment of the oil or gas
                            -3-                LRB9002254RCks
 1    well.
 2        (13)  To permit salt water, oil,  gas,  or  other  wastes
 3    from  a well drilled for oil, gas, or exploratory purposes to
 4    escape to the surface, or into a mine or coal seam,  or  into
 5    an  underground  fresh  water supply, or from one underground
 6    stratum to another.
 7        (14)  To harass, intimidate, or threaten a person who  is
 8    about  to  sell or lease or has sold or leased a residence or
 9    other real property or is about to buy or lease or has bought
10    or leased a  residence  or  other  real  property,  when  the
11    harassment,  intimidation,  or  threat  relates to a person's
12    attempt to sell, buy, or lease a  residence,  or  other  real
13    property, or refers to a person's sale, purchase, or lease of
14    a residence or other real property.
15        (15)  To  store,  dump,  or  permit  the  accumulation of
16    debris,  refuse,  garbage,  trash,  tires,   buckets,   cans,
17    wheelbarrows,  garbage  cans, or other containers in a manner
18    that may harbor mosquitoes, flies, insects, rodents, nuisance
19    birds, or other animal pests that are  offensive,  injurious,
20    or dangerous to the health of individuals or the public.
21        (16)  To   create   a  condition,  through  the  improper
22    maintenance of a swimming pool or wading pool, or by  causing
23    an  action  that  alters  the  condition of a natural body of
24    water, so that it harbors mosquitoes, flies, or other  animal
25    pests  that  are  offensive,  injurious,  or dangerous to the
26    health of individuals or the public.
27        (17)  To operate  a  tanning  facility  without  a  valid
28    permit under the Tanning Facility Permit Act.
29        Nothing in this Section shall be construed to prevent the
30    corporate  authorities  of  a  city, village, or incorporated
31    town, or the county board of a county,  from  declaring  what
32    are  nuisances and abating them within their limits. Counties
33    have that authority only outside the corporate  limits  of  a
34    city, village, or incorporated town.
                            -4-                LRB9002254RCks
 1    (Source: P.A. 89-234, eff. 1-1-96.)

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