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(720 ILCS 5/47-15)
Sec. 47-15. Dumping garbage upon real property.
(a) It is unlawful for a person to dump, deposit, or place garbage,
rubbish, trash, or refuse upon real property not owned by
that person without the consent of the owner or person in possession of the
real property.
(b) A person who violates this Section is liable to the owner or person in
possession of the real property on which the garbage, rubbish,
trash, or refuse is dumped, deposited, or placed for the reasonable costs
incurred by the owner or person in possession for cleaning up and properly
disposing of the garbage, rubbish, trash, or refuse, and for
reasonable attorneys' fees.
(c) A person violating this Section is guilty of a Class B misdemeanor for
which the court must impose a minimum fine of $500. A
second conviction for an offense committed after the first conviction is a
Class A misdemeanor for which the court must impose a minimum fine of $500.
A third or subsequent violation, committed after a second
conviction, is a Class 4 felony for which the court must impose a minimum
fine of $500.
A person who violates this Section and who has an equity interest in a motor
vehicle used in violation of this Section is presumed to have the financial
resources to pay the minimum fine not exceeding his or her equity interest in
the vehicle.
Personal property used by a person in
violation of this Section shall on the third or subsequent conviction of the
person be forfeited to the county where the violation occurred and disposed of
at a public sale. Before the forfeiture, the court shall conduct a hearing to
determine whether property is subject to forfeiture under this Section. At the
forfeiture hearing the State has the burden of establishing by a preponderance
of the evidence that property is subject to forfeiture under this Section. Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(d) The statutory minimum fine required by subsection (c) is not subject
to reduction or suspension unless the defendant is indigent.
If the defendant files a motion with the court asserting his or her inability
to pay the mandatory fine required by this Section, the court must set a
hearing on the motion before sentencing. The court must require an affidavit
signed by the defendant containing sufficient information to ascertain the
assets and liabilities of the defendant. If the court determines that the
defendant is indigent, the court must require that the defendant choose
either to pay the minimum fine of $500 or to perform 100 hours of community
service.
(Source: P.A. 100-512, eff. 7-1-18.)
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