Full Text of SB0081 103rd General Assembly
SB0081 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0081 Introduced 1/20/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Provides that it is a public nuisance for a hotel, other business, or person to provide sleeping
accommodations for hire or rent for transient occupancy by guests to rent or hire, or for any lessor of real property, whether by tenancy or contract for deed, to rent a dwelling unit that has a sleeping accommodation in which an infestation of any bed bugs is found or
suspected
or for any person to place, discard, or dispose of any bedding, clothing, or other materials
infested with bed bugs on the public way or in a refuse container or dumpster located on the
public way, except when such bedding, clothing, or other material is placed in or near the
person's refuse container or dumpster for pick-up as trash and the bedding, clothing, or other
material is totally enclosed in a plastic bag and labeled as being infested with bed bugs, or for any person to recycle any furnishing, bedding, clothing, or other material infested with bed bugs.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 47-5 as follows:
| 6 | | (720 ILCS 5/47-5)
| 7 | | Sec. 47-5. Public nuisance. It is a public nuisance:
| 8 | | (1) To cause or allow the carcass of an animal or offal, | 9 | | filth, or a
noisome substance to be collected,
deposited, or | 10 | | to remain in any place to the prejudice of others.
| 11 | | (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.
| 14 | | (3) To corrupt or render unwholesome or impure the water | 15 | | of
a spring, river, stream, pond, or lake to the injury or
| 16 | | prejudice of others.
| 17 | | (4) To obstruct or impede, without legal authority, the | 18 | | passage
of a navigable river or waters.
| 19 | | (5) To obstruct or encroach upon public highways, private | 20 | | ways,
streets, alleys, commons, landing places, and ways to | 21 | | burying places.
| 22 | | (6) To carry on the business of manufacturing gunpowder,
| 23 | | nitroglycerine, or other highly explosive substances, or |
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| 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 towns, | 5 | | at a
point different from that appointed according to law by | 6 | | the corporate
authorities of the town, or within 50 rods of an | 7 | | 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
other | 17 | | public place, without permission of the proper authorities.
| 18 | | (10) To permit a well drilled for oil, gas, salt
water | 19 | | disposal, or any other purpose in connection with the | 20 | | production of
oil and gas to remain unplugged after the well is | 21 | | no
longer used for the purpose for which it was drilled.
| 22 | | (11) To construct or operate a salt water pit or
oil
field | 23 | | refuse pit, commonly called a "burn out pit", so that salt | 24 | | water,
brine, or oil field refuse or other waste liquids may | 25 | | escape from the
pit in a manner except by the evaporation of
| 26 | | the salt water or brine or by the burning of the oil
field |
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| 1 | | waste or refuse.
| 2 | | (12) To permit concrete bases, discarded machinery, and
| 3 | | materials to remain around an oil or gas well, or to fail to | 4 | | fill holes,
cellars, slush pits, and other excavations made in
| 5 | | connection with the well or to restore the surface of the
lands | 6 | | surrounding the well to its condition before the
drilling of | 7 | | the well, upon abandonment of the
oil or gas well.
| 8 | | (13) To permit salt water, oil, gas, or other
wastes
from a | 9 | | well drilled for oil, gas, or exploratory purposes to escape
| 10 | | to the surface, or into a mine or coal seam, or into an | 11 | | underground
fresh water supply, or from one underground | 12 | | stratum to another.
| 13 | | (14) To harass, intimidate, or threaten a
person
who is | 14 | | about to sell or lease or has sold or leased a residence or | 15 | | other real
property or is about
to buy or lease or has bought | 16 | | or leased a residence or other real property,
when the | 17 | | harassment, intimidation, or threat relates to a person's | 18 | | attempt
to sell, buy, or lease a residence, or other real | 19 | | property, or refers to a
person's sale, purchase, or lease of a | 20 | | residence or other real property.
| 21 | | (15) To store, dump, or permit the accumulation of debris,
| 22 | | refuse, garbage, trash, tires, buckets, cans, wheelbarrows, | 23 | | garbage cans,
or other containers in a manner that may harbor | 24 | | mosquitoes, flies, insects,
rodents,
nuisance birds, or other | 25 | | animal pests that are offensive, injurious, or
dangerous to | 26 | | the health of individuals or the public.
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| 1 | | (16) To create a condition, through the improper
| 2 | | maintenance of a swimming pool or wading pool, or by causing an
| 3 | | action that alters the condition of a natural body of water, so
| 4 | | that it harbors mosquitoes, flies, or other animal pests that | 5 | | are
offensive, injurious, or dangerous to the health of | 6 | | individuals or the
public.
| 7 | | (17) To operate a tanning facility without a valid permit | 8 | | under
the Tanning Facility Permit Act.
| 9 | | (18) For a hotel, other business, or person to provide | 10 | | sleeping
accommodations for hire or rent for transient | 11 | | occupancy by guests to rent or hire, or for any lessor of real | 12 | | property, whether by tenancy or contract for deed, to rent a | 13 | | dwelling unit that has a sleeping accommodation in which an | 14 | | infestation of any bed bugs is found or
suspected
or for any | 15 | | person to place, discard, or dispose of any bedding, clothing, | 16 | | or other materials
infested with bed bugs on the public way or | 17 | | in a refuse container or dumpster located on the
public way, | 18 | | except when such bedding, clothing, or other material is | 19 | | placed in or near the
person's refuse container or dumpster | 20 | | for pick-up as trash and the bedding, clothing, or other
| 21 | | material is totally enclosed in a plastic bag and labeled as | 22 | | being infested with bed bugs, or for any person to recycle any | 23 | | furnishing, bedding, clothing, or other material infested with | 24 | | bed bugs. In this paragraph (18): | 25 | | "Bed bug" means a wingless bloodsucking hemipterous | 26 | | bug (Cimex lectularius) that infests houses, beds, and |
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| 1 | | clothing and feeds on human blood. | 2 | | "Bedding" means any mattress, box spring, foundation, | 3 | | or studio couch made in whole or
part from new or | 4 | | secondhand fabric, filling material, or other textile | 5 | | product or material and
that can be used for sleeping or | 6 | | reclining purposes. | 7 | | "Dwelling unit" means a room or suite of rooms used | 8 | | for human habitation and for which a lessor and a lessee | 9 | | have a written or oral lease agreement | 10 | | "Hotel" means any building or buildings in which the | 11 | | public may,
for a consideration, obtain living quarters, | 12 | | sleeping, or housekeeping
accommodations. "Hotel" | 13 | | includes, but is not limited to, inns, motels, tourist | 14 | | homes or courts,
bed and breakfasts, lodging houses, | 15 | | rooming houses and apartment houses, retreat centers, | 16 | | conference centers, and hunting lodges. | 17 | | "Other business" means any business engaging in | 18 | | commerce or medical treatment. | 19 | | Nothing in this Section shall be construed to prevent the | 20 | | corporate
authorities of a city, village, or incorporated | 21 | | town, or the
county board of a county, from declaring what are
| 22 | | nuisances and abating them within their limits. Counties have | 23 | | that authority
only outside the corporate limits of a city,
| 24 | | village, or incorporated town.
| 25 | | (Source: P.A. 89-234, eff. 1-1-96.)
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