Full Text of SB1331 94th General Assembly
SB1331sam001 94TH GENERAL ASSEMBLY
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Sen. Ira I. Silverstein
Filed: 4/11/2005
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| AMENDMENT TO SENATE BILL 1331
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| AMENDMENT NO. ______. Amend Senate Bill 1331 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Section 47-5 as follows:
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| (720 ILCS 5/47-5)
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| Sec. 47-5. Public nuisance. It is a public nuisance:
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| (1) To cause or allow the carcass of an animal or offal, | 9 |
| filth, or a
noisome substance to be collected,
deposited, or to | 10 |
| remain in any place to the prejudice of others.
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| (2) To throw or deposit offal or other offensive
matter or | 12 |
| the carcass of a dead animal in a water
course, lake, pond, | 13 |
| spring, well, or common sewer, street, or public
highway.
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| (3) To corrupt or render unwholesome or impure the water of
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| a spring, river, stream, pond, or lake to the injury or
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| prejudice of others.
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| (4) To obstruct or impede, without legal authority, the | 18 |
| passage
of a navigable river or waters.
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| (5) To obstruct or encroach upon public highways, private | 20 |
| ways,
streets, alleys, commons, landing places, and ways to | 21 |
| burying places.
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| (6) To carry on the business of manufacturing gunpowder,
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| nitroglycerine, or other highly explosive substances, or | 24 |
| mixing or grinding the
materials for those substances, in a |
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| building
within 20 rods of a valuable building erected
at the | 2 |
| time the business is commenced.
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| (7) To establish powder magazines near incorporated towns, | 4 |
| at a
point different from that appointed according to law by | 5 |
| the corporate
authorities of the town, or within 50 rods of an | 6 |
| occupied dwelling
house.
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| (8) To erect, continue, or use a building or
other place | 8 |
| for the exercise of a trade, employment, or
manufacture that, | 9 |
| by occasioning noxious exhalations, offensive
smells, or | 10 |
| otherwise, is offensive or dangerous to the health of
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| individuals or of the public.
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| (9) To advertise wares or occupation by painting notices of | 13 |
| the
wares or occupation on
or affixing them to fences or other | 14 |
| private property, or on rocks or other
natural objects, without | 15 |
| the consent of the owner, or if in the highway or
other public | 16 |
| place, without permission of the proper authorities.
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| (10) To permit a well drilled for oil, gas, salt
water | 18 |
| disposal, or any other purpose in connection with the | 19 |
| production of
oil and gas to remain unplugged after the well is | 20 |
| no
longer used for the purpose for which it was drilled.
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| (11) To construct or operate a salt water pit or
oil
field | 22 |
| refuse pit, commonly called a "burn out pit", so that salt | 23 |
| water,
brine, or oil field refuse or other waste liquids may | 24 |
| escape from the
pit in a manner except by the evaporation of
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| the salt water or brine or by the burning of the oil
field | 26 |
| waste or refuse.
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| (12) To permit concrete bases, discarded machinery, and
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| materials to remain around an oil or gas well, or to fail to | 29 |
| fill holes,
cellars, slush pits, and other excavations made in
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| connection with the well or to restore the surface of the
lands | 31 |
| surrounding the well to its condition before the
drilling of | 32 |
| the well, upon abandonment of the
oil or gas well.
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| (13) To permit salt water, oil, gas, or other
wastes
from a | 34 |
| well drilled for oil, gas, or exploratory purposes to escape
to |
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| the surface, or into a mine or coal seam, or into an | 2 |
| underground
fresh water supply, or from one underground stratum | 3 |
| to another.
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| (14) To harass, intimidate, or threaten a
person
who is | 5 |
| about to sell or lease or has sold or leased a residence or | 6 |
| other real
property or is about
to buy or lease or has bought | 7 |
| or leased a residence or other real property,
when the | 8 |
| harassment, intimidation, or threat relates to a person's | 9 |
| attempt
to sell, buy, or lease a residence, or other real | 10 |
| property, or refers to a
person's sale, purchase, or lease of a | 11 |
| residence or other real property.
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| (15) To store, dump, or permit the accumulation of debris,
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| refuse, garbage, trash, tires, buckets, cans, wheelbarrows, | 14 |
| garbage cans,
or other containers in a manner that may harbor | 15 |
| mosquitoes, flies, insects,
rodents,
nuisance birds, or other | 16 |
| animal pests that are offensive, injurious, or
dangerous to the | 17 |
| health of individuals or the public.
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| (16) To create a condition, through the improper
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| maintenance of a swimming pool or wading pool, or by causing an
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| action that alters the condition of a natural body of water, so
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| that it harbors mosquitoes, flies, or other animal pests that | 22 |
| are
offensive, injurious, or dangerous to the health of | 23 |
| individuals or the
public.
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| (17) To operate a tanning facility without a valid permit | 25 |
| under
the Tanning Facility Permit Act.
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| Nothing in this Section shall be construed to prevent the | 27 |
| corporate
authorities of a city, village, or incorporated town, | 28 |
| or the
county board of a county, from declaring what are
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| nuisances and abating them within their limits. Counties have | 30 |
| that authority
only outside the corporate limits of a city,
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| village, or incorporated town.
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| (18) To operate a business that sells or delivers firearms | 33 |
| without taking reasonable precautions to ensure that the | 34 |
| firearms are not to be used or possessed illegally by the |
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| purchaser or transferee, or acquired by an individual without | 2 |
| complying with procedures required by law for the sale or | 3 |
| transfer of firearms. These precautions shall include, but are | 4 |
| not limited to, the refusal to sell a firearm to a person: (i) | 5 |
| the seller or deliverer knows or has reason to know is | 6 |
| purchasing the firearm on behalf of another person who could | 7 |
| not legally purchase the firearm, (ii) that has provided a home | 8 |
| address in a municipality or county in which possession of that | 9 |
| type of firearm is illegal, and (iii) the seller or deliverer | 10 |
| otherwise knows or has reason to know will use the firearm | 11 |
| illegally.
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| (Source: P.A. 89-234, eff. 1-1-96.)".
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